By Tommy Witherspoon
Tribune-Herald
May 15, 2009
http://www.wacotrib.com/news/content/news/stories/2009/05/15/05152009wacbakerlawyer.html?imw=Y
The former East Texas prosecutor who invited the media to come take their best shots at Matt Baker is back on the case.
Guy James Gray, of Kerrville, the district attorney in Jasper, Texas, for 25 years who prosecuted the James Byrd Jr. dragging-death case, confirmed Thursday that he has agreed to replace Richard Ellison, also of Kerrville, as Baker's attorney.
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| Kerrville attorney Guy James Gray points out writings in Kari Baker's Bible, while Matt Baker professes his innocence in his wife's death. Gray will once again represent Baker in his murder case. Photo by Duane A. Laverty |
Baker, 37, a former Central Texas Baptist minister, is charged in the April 2006 alleged drugging and suffocation death of his wife, Kari, a Hewitt teacher and the mother of Baker's two daughters.
Gray, who moved to Kerrville five years ago after the death of one of his four sons, turned the case over to Ellison last year after a second son was killed in a traffic accident June 28.
Gray said Baker has been asking him to represent him again for some time and regularly has been conferring with Gray about his case, even though Ellison continued to represent him in at least two hearings in Waco.
Ellison declined comment Thursday when asked if he felt that Gray was undermining his representation or whether he perceived him to be "Monday morning quarterbacking" his trial preparation.
"We have conferred, and Matt has decided Guy James Gray should represent him. And Guy James Gray has agreed to do it, and I think he'll do a fine job," Ellison said, declining additional comment.
The change in attorneys comes about four months before 19th State District Judge Ralph Strother tentatively has set Baker's murder trial to begin. While the judge said Thursday that he had not been notified of the change, he said it should not postpone the trial date.
Gray said he will file papers with the court today or Monday that indicate he is substituting for Ellison as Baker's lawyer.
"September is fine with me, but I will talk with Mr. (Assistant District Attorney Crawford) Long and the judge and kind of get my feet wet and see what they want to do," Gray said.
Gray said he is representing Baker for free.
"He doesn't have any money," he said.
The Tribune-Herald was the first in a long string of media outlets that traveled to Kerrville and published an interview with Baker in December 2007 at Gray's invitation.
"I won't defend a guy who won't talk," Gray said at the time. "If we ever get into the courthouse either civilly or criminally, he will be on the witness stand or get another lawyer."
Kari Baker's parents, Linda and Jim Dulin, pushed to reopen the investigation into their 31-year-old daughter's death, which initially was ruled suicide by sleeping-pill overdose, without benefit of autopsy. They have filed a wrongful death suit against Baker, alleging he killed her and made it appear a suicide while pursuing a relationship with another woman.
Besides providing access to Baker to the media, which includes state and national publications and network news-magazine programs, Gray has said that Baker is willing to take a law-enforcement-administered polygraph test, appear on the record before a grand jury or talk to any police officer or prosecutor.
Ellison had taken a less-public approach with Baker, even before Strother issued a gag order prohibiting parties in the case from talking to the media.
Linda Dulin said Thursday evening that she is not concerned about the latest development in the case.
"I don't care who represents Matt Baker. We want the truth, and the truth is going to come out," she said. "I have complete confidence in Crawford Long and (Assistant District Attorney) Susan Shafer."
Contact: twitherspoon@wacotrib.com
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