Harry just loves a story about two women who got it done in no time flat, worked together for a common goal and true belief in Jerry Baker’s innocence. Without ego, these two women did the impossible Short version, did the impossible. Capital cases take months to prepare. Daniela had 4 weeks and Brittany started the 1st day of trial.
I decided this was big enough to have Brittany tell us the story and my favorite part is what the jurors thought.
H
State v. Jerry Baker
People: Jerry Baker: Accused
Kristy Baker: Accuser/Jerry Baker’s Sister
Micheal David: Victim/Fiance of Kristy Baker
Gina Kearney: Victim/Mother of Micheal David
Facts According to the State:
The defendant’s sister reported to police (in VERY dramatic fashion) that she had just escaped her brother who held her captive for 2 days after shooting her fiancé in front of her eyes and her mother in law in the next room. Jerry Baker had come home from drinking and resumed an earlier argument with Michael David where he felt slighted. Jerry was still upset after re-engaging with Michael David, so he left the room and came back in with a gun, shooting Michael David 5 times (4 in the chest, 1 in the head) and then went into the next room and shot Gina Kearney twice in the head.
Defense Theories:
– Jerry had no motive to kill Michael David. – Kristy was actively arguing with Michael David as evidenced by their text messages and Michael David’s Google search history, which included “evict my ex”; – Kristy lied about literally everything she should have to accomplish this and a whole bunch of stuff she didn’t even need to lie about, but that helped us prove she was in fact a liar; – The police fell for the “damsel in distress” hook, line, and sinker and in doing so, missed the killer right in front of their faces. They did a very superficial investigation.
Pre-Trial Events/The Legal Participants: –
Judge called Daniela Sawyer 4 weeks to ask her personally to take on this pro se defendant who had gone through a handful of attorneys and half a dozen investigators thus far; – Once Daniela got involved, he really made progress in preparing for trial and identifying missing discovery; – I started to hear little bits about this case she was working on and she would ask me periodically consult with me about logistics with a pro se defendant; – The weekend before trial, she contacted me and said that Baker wanted Brittany to sub in as Shadow Counsel and she agreed as long as Daniela would remain on the case; – Judge allowed me to sub in on Monday morning and current shadow counsel would remain on the case as my assistant; – 45 minutes later, our client informed the Judge that he would like me as Lead counsel . . . after we informed him that there is no way Judge would allow this so late in the process and that even if he did, he had to understand that there was no way a continuance was going to be granted, so we would be making a clear record that he was proceeding with this strategy knowing the limitations and that I could not be held to a standard of preparation that would traditionally take a year or more when I picked it up as the Jury was walking in the door; – We were wrong on Judge not allowing it – Judge allowed it because Mr. Baker should be allowed to choose his counsel if they were not appointed;
The Trial: Where the Sister’s Plan Fell Apart
The Hero: Daniela Sawyer (The real MVP) subpoenaed the victim’s financial records that no law enforcement officer had done and DA gave up on attempting to get them. The records showed Kristy Baker (Defendant’s Sister) was spending Michael David’s money at an “unbelievable pace.” She had drained about $50k from his bank accounts.
The Bullet Trajectory:
The defense read the ME report and realized the bullets’ path suggested the shooter was standing exactly where the lying sister claimed she was standing. Verdict/Juror Interviews: The jury took exactly 2:34:04 seconds to come up with NOT GUILTY! – The most damning evidence for Kristy Baker aside from the financials, was the ME report, which had been read “backwards” by the State, in our opinion. The trajectory of the bullets from the VICTIM’S left to right as they passed through the body suggested a person standing where Kristy Baker stated repeatedly that she was standing; – The other most damning evidence for them was the financial records (GOD BLESS DANIELA SAWYER!!); – And they all wanted to know if Kristy Baker would be arrested . . . unfortunately I had to inform them that the PD would probably drop the matter entirely.
Anticlimactic:
– He is still in custody for an arson he allegedly committed while he was in custody at the jail . . . you know, in custody for 5 years on a crime he is now acquitted of committing; – I’m just saying that the improvement to the video equipment should be greatly appreciated by Bell County. They can now see video in color in the jail instead of in a blue/grey monotone from the film that was left on each of the cameras after install.
Maybe just a thank you and cutting him loose would be a better option??
Fundraiser by Shelby Gonsales : Help Jerry Baker Rebuild After Wrongful Imprisonment
Help Jerry Baker Rebuild After Wrongful Imprisonment
