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........

Busy day in court...

::clink:: ::clink:: ::clink:: ::clink::
I have not seen Baker in person since shortly after Kari died. What a way to see him. The wide horitontal black and white striped jumpsuit. Rubber flipflops. Chains around his waist and wrists. Chains on his ankles that clinked on the hard courtroom floor as he walked. The beginnings of justice.
::clink:: ::clink:: ::clink:: ::clink::

WacoTrib.com Photo Slideshow
Picture #7 is chilling.

The courtroom was very full. Family. Investigators. Lawyers. And lots of press. The familiar faces of Erin Moriarty and Lisa Freed with 48 Hours. 20/20 and Dateline people as well. The local major news stations and Tommy Witherspoon with the WacoTrib were present.

After being seated in the courtroom, there was a "in chambers" meeting that lasted about an hour. Included in that were the judge, the two attorneys with the DA's office, the investigator with the DA's office, Matt and his attorney, Ellison, and the court reporter. My layman's interpretation of the explanation of that meeting was discussing Ellison's allegations that the DA's office inappropriately contacted Baker about a DNA sample.....Ellison wanting sanctions and/or protective orders against the DA's office for that....DENIED. DENIED. DENIED.

Arraignment time. The Judge asks Matt how he pleads to the charges of First Degree Murdery. Matt answers, "Not guilty." Of course. It is still amazing to me those words can come out of his mouth.

Next was discussion pertaining to bond reduction. Matt was on the stand and answered these planned out, boring questions from his attorney. Stuff like (and I'm not quoting, just general idea paraphrasing) Would you show up to court when the time comes? Are you a flight risk? Will you be a good boy while you wait for trial? Ellison asked him if he turned himself in this time? Well, yes, of course he did. He's working the strategy. He asked him if he turned himself in last September of 2007. Matt said, yes. He failed to mention that when the Texas Ranger came to his place of employment to arrest him.....well, did Matt turn himself in? Nope. He ran from that building. He ran. Fled. Not for long, mind you. He was advised to turn himself in. But he fled. His attorney failed to mention that little tidbit of information. Whatever. They had one lady friend testify for his sake with similar pre-planned questions (general paraphrasing) Do you know Matt and his parents? Are they good people? Do you think Matt will be good? Do you think Matt will show up to court? No surprise questions or answers. Then Ellison goes in his rants about his client HAVING A CONSTITUTIONAL RIGHT to bond reduction. He loves to use that phrase, CONSTITUTIONAL RIGHTS, a lot. Seemingly daring the Judge to not give him what he wants. Heck, anything for a mistrial once Matt's found guilty. Something to fall back on.

The Judge made it very clear that if Matt does meet bond and gets out while waiting for trial, it is with the condition that he has NO contact with Vanessa Bulls whatsoever! I wonder what all the background on that is. My guess is she wanted that "protection" after testifying. I'm nervous for her if Matt gets out.

Anyway, barring any hard evidence of Matt being a flight risk, the Judge lowered his bond to a 250,000 surety bond. This means he only has to come up with 10-15% to bond out. He mentioned a family friend that helped last time by putting his property on the line for money for Matt and that Matt felt this guy might be able to do it at 200,000 again this time. Surely that man is double and triple thinking what is right. Matt wasn't indicted last time. This time he is indicted for First Degree Murder with heavy evidence and a key witness that secured that indictment. Not only is there the risk that he might run....especially as more and more evidence is made known and he is NOT going to want to see the backside of those bars again.....but just on what is the right thing to do. I want to help my friends, too. But if they do something this heinous, well......there are lines I wouldn't cross. Pray for their soul, yes. Support their crime, no.

There was much talk about whether to claim Matt indigent. It's obvious he doesn't make much money. He doesn't own property. He's gone through the insurance money from Kari's death. He claimed it was only $40,000 and basically used for legal fees. No mention of down payment on expensive truck around that time. Okay. Okay. They talked about how much he made with the part-time ebay job an how much he had coming in a month for living expenses. Matt and his attorney conveniently forgot to list the money the girls get from Kari's social security. It's THEIR money, I know. I don't think it should be used for his defense fund (or his truck payment) but I do think it should be calculated in when discussing living expenses. Anyway. He's indigent. But it was SO OBVIOUS that the Judge was NOT HAPPY with Matt getting McLennan County tax payers' money for experts in his defense. Especially since Matt is paying an attorney and not going the state-appointed indigent route. Cake and eat it, too? But then Ellison brings back his client had a CONSTITUTIONAL RIGHT to have experts in his defense. Again, the Judge had to give some. He didn't give him an open-ended check, though. He wants a list of experts and amounts ahead of time. Oh, well....I don't mind helping to pay for this trial to be done fair and right with nothing for Ellison and Baker to fall back on for mistrials of justice. Let's do it right. The Judge is being very careful and thorough and I feel good that this case is being tried in his Court.

There were a few other matters that I'm still trying to figure out. There are lots more matters coming up in future hearings. And I'm sure the news stories and videos will have much more specific information. I just wanted to give my thoughts on the day. More later.

Live blog: Hearing on bond reduction request for Matt Baker by Ken Sury w/ WacoTrib.com

Baker Pleads Not Guilty; Judge Grants Bond Reduction KWTX.com - Channel 10

I'll add more news links as I come across them.

Yesterday's hearing for "Motion to Dismiss"

While the wheels of justice grind along slowly, slowly is "better safe than sorry."

I found it completely fascinating to be in the courtroom yesterday to see and hear for myself the words, intentions and dynamics among the Judge, the Dulins' 2 attorneys and Matt's attorney.

Okay. Here is my layman's accounting of the 1.5 hour hearing yesterday: The purpose and intent of today's hearing was for the Judge to either grant or deny Baker's motion to dismiss the case. Well, apparently just yesterday Matt's attorney came up with something to throw a monkey wrench in the works and try to buy more time......and more time.......and more time. (Seriously, why doesn't Matt want to get all this truth out there and justify himself and prove his innocence? Why live in limbo year after year after year after year? Doesn't the "truth set you free"?) Ellison (Matt's attorney) e-filed his paperwork way too late and it wasn't in the Judge's possession yet. Not a good move. Everyone was irritated.

Long story short(ish) - Ellison decided that he wanted to challenge all of the Dulin's expert witnesses and testimony. Well, all but the computer expert witness. They challenge their qualifications. The paperwork and Ellison's own words today say something about that the experts aren't doctors. Since when are PhD's not doctors? These experts are well known, top-notch and extremely qualified. If Baker's attorney doesn't recognize these guys' names and extent of their qualifications, well, doesn't say much for his experience in these matters. But I'm thinking that he knows they are qualified and admissible and is just doing anything to delay this case from going to court.

Where the monkey wrench comes in is this: The purpose of this hearing was to either grant or deny Baker's motion to dismiss. That's what the Court was prepared to do. That's what the room of people were there to witness. Ellison brings up this expert witness crud at the last minute. But then he goes on to tell the Judge that he wants to discuss the expert witnesses now. But that's not the purpose of this hearing and you can't just change gears last second with no room for preparation like that. The Judge was brilliant enough to know what was going on. The Judge was prepared to give his finding. BUT if he did so BEFORE the expert witness wrench was cleared up, it would give Baker a HUGE reason to appeal after he's found guilty and the trial is over. Judge went into his chambers for about 30 minutes to research case law and whatnot on this. He HAD to come back without being able to grant/deny Baker's dismissal so things wouldn't get messy later and give Matt reason for appeal. It was a slimy, back-door, desperate act by Baker and Ellison, in my opinion, to delay this even longer.

If you remember one thing about this post, remember this: I would bet every Christmas present under my tree that Judge Strother was ready to deny the motion to dismiss.

Other than the talk of expert witnesses, 90% of the talk was about a continuance and trial dates. He was adamant before he signed the continuance that Ellison get with the Dulins' attorneys POST HASTE and work their schedules for a trial date. It was obvious he thinks this should and will go to trial. Ellison got his continuance granted because he's rather new to the case and needs more time to prepare. AND since he wants to depose and go through the expert witnesses ad nauseum, that will take a few more months. Convenient, eh? I guess if Baker has to pay for all these experts to fly in and take depositions, he'll be starting up new rounds of fundraising. The good people of Kerrville should know where their fundraising money is being spent. Wasted.....in order to delay. For some reason, the available trial dates are 3 months apart. It was set for April 6. The Judge asked Ellison if he could be ready by July 6. Guess what he said? Uh, no, I don't think I can. How about next Fall? Everyone's eyeballs just about popped out. They are going to push for July 6 but it very well could be October 6. Depends on future delay tactics.

Wrap-up: Very good long-term outcome feeling. I like Judge Strother. I think he's honest and on point. The only real bad thing about yesterday was more delays. Personally, I think it just gives more time for lies and contradictions from the defense....and more time for people to come forward with more information to help.

Justice delayed.....is still justice.