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 veryhotthread  Author  Topic: Erica Baker - Feb. 7, 1999 - OH  (Read 14955 times)
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xx Erica Baker - Feb. 7, 1999 - OH
« Thread started on: Oct 19th, 2004, 10:17am »

Excerpt from Website:
On Sunday, February 7, 1999, Erica left home to walk the family dog at approximately 3:00pm. She was last seen near the Kettering Recreation Complex between 3:50 and 4:10pm. The dog has since been recovered, but Erica has not been seen or heard from since.
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xx Lawyer must testify about Erica Baker
« Reply #1 on: Oct 19th, 2004, 10:20am »

DAYTON, Ohio — Attorney Beth Lewis must tell a grand jury what a now-deceased client may have confided about the fate of Erica Baker, a 9-year-old girl who vanished from her Kettering neighborhood in 1999.

In what is believed to be the first such case in Ohio, a three-judge panel of the Ohio 2nd District Court of Appeals unanimously ruled that Ms. Lewis must testify.

Three weeks after hearing arguments before a standing-room-only crowd, the court concluded Ms. Lewis is required to testify because the client's widower signed a confidentiality waiver.

Ms. Lewis' attorney, David Greer, said he planned an appeal to the Ohio Supreme Court. “It's a novel legal question and it needs to be resolved,” he said, “And it looks like we're going to need to have this resolved by the highest court that we can get to hear it.”

Meanwhile, the appeals court agreed to keep Ms. Lewis out of jail for a week, again delaying a Montgomery County judge's June 25 contempt order after she refused to answer questions of a grand jury probing Erica's disappearance. Ms. Lewis must obtain any further delay of the jail order from the Ohio Supreme Court.

But Montgomery County Prosecutor Mathias H. Heck Jr. said he hopes Ms. Lewis will agree that step is unnecessary. “We are still hopeful that the attorney-witness will do the right thing,” he said, and answer the grand jury questions, as four judges have now ordered.

Pam Schmidt, Erica's grandmother, said the family was optimistic about the court's decision, but she lamented: “This shouldn't be a legal issue; it breaks my heart that it's a legal issue. It's a universal obligation to help a missing child.”
The appeals court noted that police in Kettering “received information that Jan Marie Franks may have been inside a van that struck and killed Erica and that the people in the van then took the body and disposed of it.” Ms. Franks refused to cooperate with investigators. But before she died of a Dec. 30 drug overdose, she may have spoken about Erica to Ms. Lewis, a public defender who represented Ms. Franks on unrelated charges.

Erica's father, Greg Baker, said, “I'm just about as sure as I can be that she (Ms. Lewis) knows something.”

Mr. Heck dismissed the Ohio Association of Criminal Defense Lawyers' concerns about the case eroding attorney-client confidentiality. “This is about the attorney's refusal to accept the fact that the attorney-client privilege was, in fact, waived,” he said.

http://www.enquirer.com/editions/2002/09/20/loc_lawyer_must_testify.html
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xx Attorney In Erica Baker Case Asks Court To ...
« Reply #2 on: Oct 19th, 2004, 10:21am »

An Ohio attorney wants the Ohio Supreme Court to reconsider its ruling that would force her to reveal information provided by her client, now deceased, about the Erica Baker case.

Two lower courts ordered attorney Beth Lewis to disclose whether her client had information about the disappearance of Erica Baker nearly five years ago from her suburban Dayton home in 1998.

The Ohio Supreme Court ruled the spouse of a deceased client has the right to waive confidentiality.

According to Lewis, the high court failed to address the constitutional issues at stake.

Prosecutors have a week to respond to the new motion
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xx Privilege denied in missing-girl case 10-19-04
« Reply #3 on: Oct 19th, 2004, 10:26am »

The U.S. Supreme Court refused to consider a Dayton lawyer's fight to keep secrets of her deceased client - and prosecutors and the parents of a missing girl say it's time for the lawyer to tell what she knows.

"Attorney Beth Lewis (Trimmer) should do the right thing and come forward and tell the Montgomery County grand jury what she knows about the disappearance of Erica Baker," said Greg Flannagan, spokesman for the Montgomery County prosecutor's office.

Prosecutors and Erica's family have been trying since mid-2002 to find out what - if anything - Trimmer might know about what happened to the 9-year-old.

Erica vanished while walking her dog in suburban Kettering in February 1999. No trace of her has been found, despite massive local searches and national publicity.

Three other courts have already ruled that Trimmer should tell the grand jury what Jan Marie Franks, a woman who died in 2001, might have said about Erica.

Authorities say informants have claimed Franks was with a group of people who panicked after their vehicle struck Erica. Authorities suspect Franks told Trimmer what happened to Erica.

Despite the U.S. Supreme Court's decision - issued without comment Monday - a 2½-year legal battle over Trimmer's silence isn't over.

A federal district court in Dayton still must decide a separate court challenge that Trimmer filed earlier this year.

Erica's mother, Misty Baker, 37, said Monday that Trimmer's legal battle has made a tough situation even tougher.

"I don't know why (Trimmer) feels that she needs to drag this out," Baker said. "I just want to know: Is my daughter coming home or not? At least she can give me that."

Promise to a client

Trimmer, who couldn't be reached Monday, has said that she sympathizes with Erica's family, but feels her promise to keep clients' discussions secret is irrevocable - and that the case would jeopardize all Ohio attorney-client relationships.

Trimmer was a public defender representing Franks in an unrelated federal case.

Complete Article:
http://www.enquirer.com/editions/2004/10/19/loc_loc1aerica.html
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xx Re: Erica Baker - Feb. 7, 1999
« Reply #4 on: Oct 19th, 2004, 10:43am »

http://www.rinokids.com/Children/Baker/

This gives quit a bit of info on Erica Baker, plus it has articles that pertain to the case.
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xx Re: Erica Baker - Feb. 7, 1999
« Reply #5 on: Oct 19th, 2004, 10:46am »

What seems to be the deal with this case? I take that somebody retained this woman as an attorney and now she wont tell anyone what she knows and that information could possibly be something that could find Erica? You ladies from Ohio fill me in.
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xx Re: Erica Baker - Feb. 7, 1999
« Reply #6 on: Oct 19th, 2004, 10:52am »

That's exactly what is happening. This lawyer had a client that told this lawyer some information that could lead to the whereabouts of Erica, and because of the lawyer client confidentialty she is not talking. However the client is now deceased and the clients husband gave the okay for the lawyer to tell all, but the lawyer still isn't talking. I agree with Erica's parents, give the information that you know, it's been a long time and if it will give them answers to put a closure to this poor girls disaperence, and the client is deceased and the husband says it's okay; then darn nab it let her parents know!
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xx Dead client must 'speak' as privilege ruled out
« Reply #7 on: Oct 19th, 2004, 10:53am »

10-19-04

Looks like this is a case of the attorney had some information but she wont tell anyone. Hmmmm...

WASHINGTON -- The U.S. Supreme Court let stand yesterday a state ruling that says a lawyer must disclose what a now-dead client told her about a nine-year-old girl's disappearance. The court, without comment, declined to hear the challenge to the Ohio Supreme Court decision involving former public defender Beth Lewis. The Ohio court said permission from the client's widower was enough to waive the attorney-client privilege.

Investigators want to know what Lewis's client, Jan Franks, said to her about Erica Baker, who vanished in 1999 while walking her dog near her home in a Dayton, Ohio, suburb.

Prosecutors have said a jail informant indicated Franks and others were in a van that allegedly struck and killed the girl. No one has been charged.

After Franks died of a drug overdose two years ago, her husband gave Lewis permission to disclose any information. Lewis refused to answer grand jury questions, and a judge held her in contempt in 2002. The court delayed imposing any sentence during the appeals.

Ohio is one of the few states that allow a surviving spouse to give permission for an attorney to reveal privileged information. Lewis had argued that allowing waiver of the privilege would unnecessarily chill communications if clients knew discussions with their attorneys could be disclosed after their death.
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xx 10-19-04
« Reply #8 on: Oct 19th, 2004, 8:15pm »

Erica Baker chronology

Feb. 7, 1999: Erica Nicole Baker, 9, disappears while walking her dog in Kettering, Ohio, a Dayton suburb. Erica lived with her grandparents, her mother and three brothers a few blocks from the park area where she was last seen. The dog returned home, trailing its leash. Searchers scour 146 square miles in five days; the national TV show, America's Most Wanted, features the case.

May 1999: Actress Sarah Jessica Parker, a former Cincinnatian, makes a public-service announcement about the case for TV and radio broadcasts, appealing for leads.

Feb. 4, 2000: After investigating 4,000 tips, Kettering police say they have four likely suspects. They don't identify them. The girl's closest relatives are cleared.

August 2001: The National Center for Missing and Exploited Children provides an artist's age-progression rendering, showing what Erica, who was 9 when she disappeared, might look like at age 12.

June 25, 2002: A Montgomery County judge finds federal public defender Beth Lewis in contempt for refusing to disclose communications she had with Jan Marie Franks, a client who died in December 2001.

Aug. 26, 2002: A standing-room-only crowd of 44 people listens in the Ohio 2nd District Court of Appeals in Dayton as lawyers argue about whether Lewis should be jailed and how Ohio law should be interpreted. The court later rules that a confidentiality waiver signed by her former client's husband lifted Lewis' obligation to keep her clients' secrets; Lewis appeals to the Ohio Supreme Court.

March 3, 2004: Upholding two lower courts' rulings, the Ohio Supreme Court says Lewis, now known as Beth Lewis Trimmer, must break attorney-client confidentiality. Lewis later files challenges in U.S. District Court in Dayton and in the U.S. Supreme Court.

Oct. 18, 2004: U.S. Supreme Court refuses to consider challenge to Ohio Supreme Court ruling; U.S. District Court case is still pending.

http://www.enquirer.com/editions/2004/10/19/loc_loc1aerica.html
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xx Rally Seeks Information About Erica Baker
« Reply #9 on: Oct 23rd, 2004, 08:15am »

Rally seeks information about Erica Baker's disappearance

Saturday, October 23, 2004


DAYTON — Greg Baker stood on the sidewalk outside the Federal Building on Friday afternoon and said, “That building right there holds the key to hopefully finding out what happened to my daughter.”

Baker was among more than 50 people who rallied outside the downtown Dayton building where U.S. District Court Judge Walter Rice will decide whether an attorney must disclose what a deceased client may have told her about the 1999 disappearance of 9-year-old Erica Baker of Kettering.

In the case before Rice, attorney Beth Lewis is arguing that her conversations with former client Jan Franks are confidential. She believes that because she was a federal public defender while representing Franks, she should be covered by the federal attorney-client privilege, as permitted under Ohio law.

Monday, the U.S. Supreme Court let stand an Ohio Supreme Court ruling that Lewis must disclose what the woman who died in late 2001 may have told her about Baker’s disappearance.

Without comment, the U.S. Supreme Court justices declined to hear Lewis’ appeal of a state order that she must answer grand jury questions because Franks’ widower waived the right to attorney-client privilege.

“Monday, we moved one baby-step closer to finding out the truth,” Greg Baker said. “The U.S. Supreme Court spoke loud and clear, that Beth Lewis is in contempt of court and she must tell what she knows.”

Franks may have confided in Lewis about the whereabouts or what happened to Baker.

Kettering police have received tips that Jan Franks and others had been shoplifting at a nearby store when their van struck Erica as she walked her dog near the Kettering Recreation Center Feb. 7, 1999. A tipster said, Erica was taken from the scene and her body buried. No one has been charged in Erica’s disappearance, and no body has been found.

Lewis represented Jan Franks in a separate criminal case. After she died, her estranged husband, Shane Franks, waived attorney-client privilege,

“The person or persons who committed the crimes against my daughter need to be brought to justice,” Greg Baker said. “I have total faith in the justice system. It has not failed Erica yet, and there’s no reason to believe it will now.”

But Erica’s mother, Misty, said she already has lost faith in the justice system.

“It’s very frustrating,” she said.

Greg Baker’s eyes filled with tears when he saw the sister and mother of missing Marilyn “Niqui” McCown, a young woman who was last seen at a Richmond, Ind., laundromat in 2001, show up at the rally.

“They (Baker’s family) deserve an answer,” said McCown’s mother, Barbara.

People chanted “Justice for Erica” as they walked on the sidewalk around the courthouse. They also carried signs, including ones saying “Something is wrong when the law protects the criminals and not our children” and “Judge Rice, help us learn the truth.”

Erica’s aunt, Debbie Hardin, wore a badge picturing Erica, whom Hardin said would have turned 15 this year.

“It eats away at all of us, day and night,” she said. “Our lives haven’t been the same since she’s been gone.”


http://www.middletownjournal.com/news/content/news/stories/2004/10/23/mj1023erica.html
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xx Erica Baker on DATELINE MSNBC Dec. 3rd
« Reply #10 on: Dec 3rd, 2004, 08:29am »

Tonight (Friday, December 3, 2004) Dateline MSNBC will air a segment about the disappearance of Erica Baker. Please make sure you tune into your NBC station @ 8 p.m Eastern Stadard Time.
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xx Dec. 3, 2004 Dayton News Article
« Reply #11 on: Dec 3rd, 2004, 10:18am »

A Dayton attorney who has been in hot water for refusing to say what a deceased client knew about Erica Baker's disappearance will be interviewed on a national television show Friday night.

The NBC television show Dateline, which begins at 8 p.m. on Channel 2, will show the interview with Beth Lewis, who has been arguing that her conversations with Jan Marie Franks are confidential. The Ohio Supreme Court has said she must disclose what Franks may have told her about the 1999 disappearance of Erica.

Kettering police have received tips that Franks, her boyfriend and others had been shoplifting at a nearby store when their van struck the 9-year-old as she walked her dog near the Kettering Recreation Center in February 1999. According to a tipster, Erica was taken from the scene and her body buried.

No one has been charged in Erica's disappearance, and no body has been found.

Lewis represented Franks in a separate criminal case. After Franks, a drug addict, died homeless in late 2001, her estranged husband, Shane Franks, waived attorney-client privilege.

Lewis has refused to comment on what Jan Franks may have told her.

According to the WDTN-TV Web site, Lewis tells Dateline, "The whole system is hurt by this if I talk."

Erica's parents also were interviewed for the show, according to the Web site.

http://www.daytondailynews.com/localnews/content/localnews/daily/1203lewisweb.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #12 on: Dec 3rd, 2004, 3:24pm »

This attorney representing him was the flake that represented Vincent Doan in the Ohio V. Doan murder trial.


DAYTON | Shane Franks, arrested in April after a police chase through downtown, pleaded guilty Friday to five felonies in a plea agreement that sentenced him to five years in prison.

Key figure in Erica Baker case sentenced for assault
Former track coach admits sex acts against 10 girls
Englewood man critical after I-70 crash
Woman, 80, dead in home 'break-in'
Earlier convictions in Greene County will add at least 11 to 26 months, his attorney, Jon Paul Rion, said.

Franks, 31, who has served time for robbery, drug possession and theft, admitted Friday he tried to harm a police officer during a pursuit that ended about 1:30 p.m. April 8, when a cruiser rammed his car at Wilkinson and Fifth streets.

He pleaded guilty to felonious assault on a police officer with a deadly weapon, the car.

He also pleaded guilty to two counts of felonious assault in an incident a day earlier in which he shot four times at three people who confronted him after a near-crash minutes earlier on North Gettysburg and Hoover avenues.

Shane also pleaded guilty in a separate case to stealing $3,000 in merchandise from a Wal-Mart six days before the shootings.

Montgomery County Common Pleas Judge Barbara P. Gorman sentenced Franks to five years in prison — two years for the assaults plus three years for using a gun — to be served during similar sentences for the assault on a police officer and a shorter sentence for a lesser felony. All that time is to be served after Franks completes his sentence for the Greene County cases. Gorman also ordered Franks to serve up to five years on community control after he is released from prison for a separate offense of failing to comply with a police signal.

Franks is a key figure in a legal dispute involving the Feb. 7, 1999, disappearance of 9-year-old Erica Baker.

His wife, Jan Marie Franks, a drug addict, died Dec. 30, 2001, at 32.

Tipsters told police that Jan Franks may have been involved in Erica's disappearance.

Shane Franks signed a waiver of his dead wife's attorney-client privilege, and a grand jury sought from her former lawyer, federal public defender Beth Lewis, any information that Jan Franks might have passed on to Lewis.

Lewis refused, citing the privilege. But state courts upheld a contempt finding, and Lewis sued to block the finding in federal court. The case is before U.S. District Judge Walter H. Rice.

Assistant county prosecutor Laurence Lasky and Rion said Franks' waiver was not discussed in reaching the plea agreement struck in his Montgomery County cases.

Rion said, "He still has discretion. Nothing in the agreement precludes him from withdrawing it, nor forces him to maintain it."

http://www.daytondailynews.com/localnews/content/localnews/daily/1203franksweb.html?UrAuth=aNcNUOcNWUbTTUWUXUUUZTZUbUWU_UWUZUaUZUcTYWVVZV
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xx New Developments In Erica Baker Case
« Reply #13 on: Dec 3rd, 2004, 8:11pm »

DAYTON, Ohio -- There is a new development involving the case of a missing Kettering girl.

NewsCenter 7 obtained a document that shows Shane Franks has withdrawn his approval for a local lawyer to tell what she knows about the Erica Baker case.

Beth Lewis (pictured, left) has so far refused to reveal what her deceased client, Jan Franks, told her about Baker's disappearance, claiming attorney-client privilege.

Shane Franks is Jan's widower and he had given Lewis permission to reveal what she knows. The courts had ruled that Franks had the power to waive his deceased wife's attorney-client privilege.

Erica Baker disappeared from Kettering in February 1999

http://www.whiotv.com/news/3970295/detail.html
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xx Attorney Explains Silence to NBC Magazine
« Reply #14 on: Dec 4th, 2004, 05:42am »

In a Dateline NBC interview aired Friday night about the case of missing Erica Baker of Kettering shown a few hours after a major development in the case to force a Dayton attorney to reveal what a deceased client may have known — that attorney said she'd only talk if she knew of an ongoing crime in the case.

That said, Dateline correspondent Edie Magnus then asked Beth Lewis if that meant that Erica Baker is dead.

"I can't answer that question," Lewis replied.

Lewis, a public defender, is facing contempt of court charges and jail time for not revealing what Jan Marie Franks, her former client in an unrelated case, told her about the disappearance of Erica, prior to Franks' death in 2001.

Police were looking into whether Franks was connected to the case, but Franks died of a drug overdose before police learned much. Lewis has cited attorney-client privilege.

"It was a remarkable turn of events and I certainly wonder where it goes from here," Magnus said Friday night.

She said that while Lewis "sounded very much relieved" Friday evening, Erica's mother, Misty, felt her world cascade backward.

"I don't think that she expected it either," Magnus said. Magnus said she's intently interested in the case and noted that "at first blush," it's easy to rush to judgment. But, she added, it's obvious there's suffering on both sides.

"You can obviously see their pain," she said.
http://www.daytondailynews.com/localnews/content/localnews/daily/1204lewis.html

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