Things get cheek-y....

Long...but interesting morning. The hearing ran about an hour or hour and a half late due to another trial running late in the courtroom. Matt was there with his Mom in tow. Kari's family was there. News from the Waco Tribune, KWTX and KXXV were present. We all waited outside the courtroom for a while. But once we were in, things went quickly.

Defense Motion #1: Suppress having to give DNA
DENIED

Defense Motion #2: Wanted to get their hands on Vanessa's "OMG" Grand Jury testimony
DENIED

Defense Motion #3: Wanted to get their hands on psychiatrist Lee Carter's stuff
DENIED



My layman's interpretation:

It's possible that the defense knew the DNA sample would be taken eventually. They were just banking on having to force a search warrant to get it. I have heard (not verified) that the search warrant comes with the reasons for the DNA sample. They didn't want to give it without knowing the damning tale the search warrant would reveal. If you're innocent, why worry about damning evidence?

Whatever Vanessa told the Grand Jury last month, it was damning enough to warrant immunity for herself....damning enough to warrant an IMMEDIATE indictment and arrest warrant. Maybe damning enough to warrant a DNA sample? Who knows. Even though Ellison said something about a finding from some court somewhere this week that said something about Grand Jury testimony being released, I think the Judge realized it was a ploy and that case had NOTHING to do with this case. Nothing.

Defense brought up something about psychiatrist Lee Carter's findings. Wanted that. Uh, that's civil work. This is a criminal case. The Judge seemed to fight crossing his eyes. (<----totally my interpretation....not mind reading) Either which way, Carter's findings won't help Matt at all. It's actually hurtful to Matt. Does Ellison know what Carter said? Anyway, long story short.....Ellison and Matt were stunned. The Judge graciously provided the break room right off the courtoom for Matt to submit his DNA sample. Priceless.

Here is the news so far from today: Awesome live blog from today's hearing NEW VIDEO: Live blog: April 24 hearing for Matt Baker
Ken Sury
WacoTrib.com

"12:06 p.m. — My apologies for the brief break in blogging, but I had to leave the breakroom as Baker, his attorney, prosecutor Susan Shafer, bailiffs and another individual came into the room in order to take Baker’s DNA sample. I’m assuming it was the usual swab of the inside of each cheek." (read more)

Judge Grants Request For DNA Sample From Waco-Area Pastor Matt Baker
KWTX.com

"WACO (April 24, 2009)—Prosecutors got permission Friday to take a DNA sample as a motions hearing got underway late Friday morning in state district court for former Waco-area pastor Matt Baker, who’s charged with murder in the 2006 death
of his wife, Kari." (read more)

Matt Baker gives DNA sample
Sara Talbert
KXXV.com

"Baker's attorney also filed two new procedural motions this morning in case Baker is convicted. One would allow the possibility of probation, and the other requesting punishment be decided by a jury. Strother will set another hearing to decide on those." (read more)

VERY INTERESTING. Matt's attorney is already seeing a conviction. Hmmmmm........

Ellison opposes motion for Matt's DNA

Attorney for former Waco-area pastor opposes motion to get DNA from his client in murder trial
Tommy Witherspoon
WacoTrib.com

"In a motion filed Monday, Baker’s lawyer, Richard Ellison, told 19th State District Judge Ralph Strother that Baker opposes a motion from prosecutors who are seeking a court order to obtain a saliva swab from the former Central Texas Baptist minister." (read more)

If he's innocent and there's nothing to hide, why not give it up?

DA wants DNA

What's this? The DA wants Matt's DNA? Could this mean there IS evidence? Evidence to compare DNA with? Well, I'll be.

An innocent man should have no issue with this. It will help prove his innocence, after all. Right?

Also, Matt's attorney is itching to see what Vanessa spilled to the grand jury. Something so big that she got immunity out of it. Something so big Matt was immediately indicted and arrest warrant issued without delay. Something so big that as a condition of reducing the bond amount, the Judge ordered that neither Matt nor anyone from his defense could contact her. She needed protection. We'll all hear it soon enough.

Prosecutors ask judge to order Matt Baker to submit DNA sample
Tommy Witherspoon
WacoTrib.com

"The motion filed by prosecutor Crawford Long asks Strother to order Baker to submit to a swab of the inside of his mouth 'for the purpose of obtaining DNA for comparison to an item or items' gathered in the murder investigation.

Strother also will consider a motion from Baker’s attorney, Richard Ellison, who has asked for a copy of transcripts of testimony from grand jury witnesses, which are confidential unless ordered released by a judge." (read more)

Prosecutors Want To Collect Ex-Pastor’s DNA
KWTX.com - Channel 10

"The motion asks Judge Strother to direct the defendant to, 'to submit to the taking of a DNA sample by the swabbing of the interior of the defendant's mouth for the purpose of obtaining DNA for comparison to an item taken and collected in relation to the offense that is the basis of this prosecution.'"

State files motion seeking Baker's DNA
Loren Korn
KWWV-TV - Channel 25

The judge has scheduled a hearing for April 24 to consider motions filed by the DA's office and by Ellison.