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 veryhotthread  Author  Topic: Erica Baker - Feb. 7, 1999 - OH  (Read 14959 times)
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #15 on: Dec 4th, 2004, 2:05pm »

DAYTON, Ohio A man reversed course Friday and withdrew permission given to his deceased wife's attorney to answer questions on what the woman may have said about the disappearance of a 9-year-old girl.

Shane Franks had earlier given consent to the attorney, and prosecutors had used it to pressure the lawyer to reveal what her client may have known about Erica Baker's disappearance.

The girl disappeared in 1999 while walking her dog. No one has been charged. Court records show that police received information indicating Jan Franks and other people may have been in a van that struck and killed the girl.

Jan Franks died of a drug overdose in 2001.

Her attorney, Beth 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.

Lewis' lawyer, Martin Pinales, said Shane Franks' decision ended the case. Pinales said Franks can revoke his consent until testimony starts.

But Carley Ingram, chief of the appellate division for prosecutor Mathias Heck, said the case is "not over." He said Franks lost authority to make such a decision when he provided consent to the attorney in the first place.

Ohio is one of the few states that allow a surviving spouse to give permission for an attorney to reveal privileged information.

Pinales said he believed Franks changed his mind because he "just had enough of the whole thing," but added that Franks was also unhappy with an unrelated prison sentence he received Friday. Franks was sentenced to five years in prison for assault and other charges, according to a lawyer in the office of Jon Rion, Franks' attorney.

Misty Baker, Erica's mother, said she was upset with Lewis and her lawyers, and that she was "not going to play by their rules."

"If I have to do things that law enforcement doesn't like or that the people involved don't like, then that's too bad," she said.

Baker declined to be more specific about her plans.
http://www.signonsandiego.com/news/nation/20041203-2019-missinggirl.html
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xx Franks Has Changed His Mind Again in the Baker Cas
« Reply #16 on: Dec 6th, 2004, 3:54pm »

DAYTON | Shane Franks has changed his mind again.
sday
Shane Franks' letter to family of Erica Baker
Shane Franks changes mind again in Erica Baker case
Police searching for bank robbery suspect
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Franks, 31, is the convict sentenced Friday to five years in prison for felonies including assault on a police officer. More than two years ago, prosecutors launched an attempt to get his late wife's attorney to testify in the 5 1/2-year investigation into the disappearance of 9-year-old Erica Baker.

On Friday, Franks purportedly withdrew a waiver he had signed in June 2002, by signing another document called a revocation of consent. The document was notorized by an attorney representing Beth Lewis, the target of the prosecutors' investigation. Lewis, a former federal public defender, represented Jan Franks in federal criminal cases unrelated to Erica's case, but also intervened when investigators attempted to interview Jan Franks before she died Dec. 30, 2001.

Franks has sent a handwritten letter dated Saturday, Dec. 4, to the "Baker Family." It was delivered Monday to the family's home by the Kettering detective investigating Erica's disappearance. Misty Baker said. The letter contains an apology and indicates Franks will support the Baker family's efforts to find their daughter.

The Baker family was understanding Monday after receiving the letter.

"I'm glad now that we don't have to go through any more courts," Misty Baker said.

Pam Schmidt, Misty's mother, said Monday, "He's just become a player in the chess game. I don't think he intended to have the impact on our family."

Carley Ingram, chief of the Montgomery County prosecutor's appellate division, said Monday that prosecutors intend to have Franks sign a second waiver. A news conference about the latest developments is scheduled for later today, prosecutors said.

Contact Rob Modic at (937) 225-2282.

http://www.daytondailynews.com/localnews/content/localnews/daily/1206franksweb.html
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xx Attorney can testify in girl's disappearance
« Reply #17 on: Dec 7th, 2004, 05:14am »

DAYTON - A man who refused to grant permission for his deceased wife's attorney to answer questions about the disappearance of a 9-year-old girl has had a change of heart.

Shane Franks initially gave consent for former federal public defender Beth Lewis to share what his wife may have known about Erica Baker's disappearance. According to a court document, police received information that indicated the man's wife and other people may have been in a van that struck and killed the girl.

On Friday, after he was sentenced to five years in prison for felonious assault and other charges unrelated to Erica's disappearance, Franks said he was withdrawing his permission for Lewis to answer questions.

However, Misty Baker, Erica's mother, said she received a letter from Franks on Monday in which he apologized for refusing permission and said he will again give consent for Lewis to answer questions.

"I am truly sorry for the trouble and heartache I have caused you," Franks wrote.

Lewis has refused to tell prosecutors what she knows about the case and is appealing a judge's order to force her to testify.

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20041207/NEWS01/412070355/1056
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #18 on: Dec 7th, 2004, 09:20am »

OK ... now the local news is reporting that Franks is going to allow Beth Lewis, (The Evil Cold-Hearted ***, imo) to spill her guts, and come forth with what she knows ...

Suprise, suprise, Beth Lewis claims that she still will not talk.

http://www.wdtn.com/index.cfm?action=dsp_story&storyid=52566
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #19 on: Dec 7th, 2004, 09:54am »

on Dec 7th, 2004, 09:20am, beachlover wrote:
OK ... now the local news is reporting that Franks is going to allow Beth Lewis, (The Evil Cold-Hearted ***, imo) to spill her guts, and come forth with what she knows ...

Suprise, suprise, Beth Lewis claims that she still will not talk.

http://www.wdtn.com/index.cfm?action=dsp_story&storyid=52566


It was hard for me to control my anger the other night when Dateline aired this show. I could not understand how ANYBODY could be so stupid and insensitive IF the client WAS DEAD!!!! This woman is one of the most messed up folks I can imagine. She's a mother of a child too. Hopefully she'll never have to witness something like the Baker family because I doubt very seriously this bitch would be silent if it was her child. I have no kind thoughts for her.
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xx Re: Beth Lewis
« Reply #20 on: Dec 7th, 2004, 12:45pm »

Stumbled on this forum while searching for info on Beth Lewis. Like many people I saw the Dateline profile on the case and was outraged by Ms. Lewis' behavior. While I don't have any information to contribute to the case itself, I wanted to pass on an idea here to whoever runs and reads this forum, in hopes that they might, if they feel it has any value, be in a position to forward it on to someone who can put it to use. The idea is this:

If memory serves, the Dateline profile revealed the surprising fact that one of Ms. Lewis' parents was murdered -- further, I believe that murder was never solved.

If I am remembering these facts correctly, it offers an explanation of Ms. Lewis behavior that as far as I know has not been put forth so far: namely, that while she may fully believe in the sanctity of attorney-client privilege as a conscious choice, her actions (inactions) in this case have absolutely nothing to do with that fact.

Rather, her astoundingly counter-productive, apparently compassionless stance is easily explained in psychological terms: she is punishing the parents out of her anger at her own suffering. The mechanism is simple: why should anyone else's case be solved if hers never was?

It is not a difficult leap to make to assume two things about Ms. Lewis: first, that her own history contributed in some way to her choice of profession; second, that such a deep-seated emotional trauma is contributing to her unique stance in the present case, so similar to her own. She is absolutely alone in her position; she has admitted to losing friends because of it; she is obviously risking serious professional consequences -- such willfully self-destructive behavior rarely, if ever, has a logical, rational basis. But if looked at as an unconscious expression of her own pain -- hardly an unfamiliar concept! -- Ms. Lewis' refusal to help ease someone else's suffering becomes perfectly explicable.

Of course, if I am mis-remembering the facts, and Ms. Lewis did not in fact lose a parent to murder, I have obviously constructed a house of cards.

However, if this strikes anyone as potentially plausible, I hope it may someday be presented to Ms. Lewis and/or those in a position to reach her -- maybe, just maybe, being confronted by the truth of her behavior may allow her to change it and save face at the same time. And the world will be a better place. For as long as her present stance endures, Ms. Lewis is putting herself forward as a puppet of her own past, and a stubborn, selfish disgrace to her profession. I doubt this is the way she would like to be professionally or personally thought of.
« Last Edit: Dec 7th, 2004, 12:46pm by gjh » User IP Logged

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xx Re: Beth Lewis
« Reply #21 on: Dec 7th, 2004, 1:07pm »

on Dec 7th, 2004, 12:45pm, gjh wrote:
Stumbled on this forum while searching for info on Beth Lewis. Like many people I saw the Dateline profile on the case and was outraged by Ms. Lewis' behavior. While I don't have any information to contribute to the case itself, I wanted to pass on an idea here to whoever runs and reads this forum, in hopes that they might, if they feel it has any value, be in a position to forward it on to someone who can put it to use. The idea is this:

If memory serves, the Dateline profile revealed the surprising fact that one of Ms. Lewis' parents was murdered -- further, I believe that murder was never solved.

If I am remembering these facts correctly, it offers an explanation of Ms. Lewis behavior that as far as I know has not been put forth so far: namely, that while she may fully believe in the sanctity of attorney-client privilege as a conscious choice, her actions (inactions) in this case have absolutely nothing to do with that fact.

Rather, her astoundingly counter-productive, apparently compassionless stance is easily explained in psychological terms: she is punishing the parents out of her anger at her own suffering. The mechanism is simple: why should anyone else's case be solved if hers never was?

It is not a difficult leap to make to assume two things about Ms. Lewis: first, that her own history contributed in some way to her choice of profession; second, that such a deep-seated emotional trauma is contributing to her unique stance in the present case, so similar to her own. She is absolutely alone in her position; she has admitted to losing friends because of it; she is obviously risking serious professional consequences -- such willfully self-destructive behavior rarely, if ever, has a logical, rational basis. But if looked at as an unconscious expression of her own pain -- hardly an unfamiliar concept! -- Ms. Lewis' refusal to help ease someone else's suffering becomes perfectly explicable.

Of course, if I am mis-remembering the facts, and Ms. Lewis did not in fact lose a parent to murder, I have obviously constructed a house of cards.

However, if this strikes anyone as potentially plausible, I hope it may someday be presented to Ms. Lewis and/or those in a position to reach her -- maybe, just maybe, being confronted by the truth of her behavior may allow her to change it and save face at the same time. And the world will be a better place. For as long as her present stance endures, Ms. Lewis is putting herself forward as a puppet of her own past, and a stubborn, selfish disgrace to her profession. I doubt this is the way she would like to be professionally or personally thought of.


The part about her parent being murdered is correct. I agree with what you said too. I wanted to share this address with you because it is the website that is ran by Erica Baker's family. If anything, please leave them a message that tells them about how you feel about this case. You are welcome to talk on this board any time. Glad you chimed in today.

Erica's Website:
http://hometown.aol.com/friendsoferica/
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #22 on: Dec 7th, 2004, 1:45pm »

Done. Thanks.
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xx Erica Baker's Father Expresses Joy About Latest De
« Reply #23 on: Dec 9th, 2004, 07:03am »

DAYTON, Ohio -- The father of a missing Kettering girl is relieved that a local attorney may still be forced to testify about his daughter's disappearance.

Erica Baker's family was devastated last week when a new document was signed that may help attorney Beth Lewis keep her silence. Two days later, that scenario changed again.

Shane Franks claims his wife, Jan, knew what happened to Erica Baker. Shane also said Jan shared that information with her attorney, Beth Lewis.

When Jan Franks died, Shane signed an attorney-client privilege waiver allowing Lewis to testify. She has refused to speak.

Last Friday, Franks suddenly withdrew his permission. NewsCenter 7 spoke to Franks on Tuesday and he said he withdrew the waiver because he was upset about his sentencing in an unrelated case.

Shane said he was upset and acted childish. Authorities said Franks reinstated the waiver, giving Lewis permission to talk and he wrote a letter of apology to the Baker family.

Investigators said Lewis is continuing to fight to keep quiet in this case. She currently has an appeal pending in federal court.

In the meantime, Erica's father, Greg, continues to keep Erica's story alive. On Wednesday, he taped a program with Greene County Prosecutor Bill Schenk.

The program will air on Sunday at 11 a.m. on Time Warner Channel 25.

http://www.whiotv.com/news/3982470/detail.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #24 on: Dec 9th, 2004, 11:58am »

I just do not understand that lawyer, what if that were her child? If she knows something she needs to tell them and stop acting the way she is. My prayers will be with the Baker family!
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #25 on: Dec 10th, 2004, 9:14pm »

on Dec 9th, 2004, 11:58am, klek27 wrote:
I just do not understand that lawyer, what if that were her child? If she knows something she needs to tell them and stop acting the way she is. My prayers will be with the Baker family!


This case right here has apalled so many it's not even funny. I hope they find some loop hole to do something to Lewis. This woman makes me sick. She is an example of somebody who takes stuff to extremes when it's not necessary
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xx Man To Be Questioned In Erica Baker's Disappearanc
« Reply #26 on: Dec 19th, 2004, 09:09am »

posting for findcarrie (bb)

DAYTON, Ohio -- A man sentenced last month for receiving stolen property is scheduled to be questioned Tuesday about a young girl's 1999 disappearance, court documents show.

A Montgomery County judge on Friday ordered Christian J. Gabriel, 33, of Springfield, to be moved from the state prison at Orient to the Kettering jail to testify in the disappearance of Erica Baker.

Greg Flannagan, a spokesman for Montgomery County Prosecutor Mathias H. Heck Jr. in Dayton, said the court order "is part of the continuing investigation into the disappearance of Erica Baker. That this is an individual that they want to talk to."

Erica was 9 years old when she disappeared while walking her dog near her Kettering home in suburban Dayton. No one has been charged in her disappearance and her body has not been found.

Kettering police could not be reached for comment. A message seeking comment was left Saturday night at police headquarters for the lead investigator, Detective Robert Green.

Pam Schmidt, Erica's grandmother, said Friday that she knew nothing of the new development.

Gabriel's move was ordered under the same case number that prosecutors have used to try to bring a former federal public defender in front of a grand jury to testify about what a client may have known about the case.

Police received information that the client, who died in 2001, may have been in a van which struck and killed Erica. The deceased woman's husband has said that Beth Lewis may disclose what his wife said.

Lewis has refused to tell prosecutors what she knows about the case and is appealing a judge's order to force her to testify.

Ohio is one of the few states that allow a surviving spouse to give permission for an attorney to reveal privileged conversations between lawyers and clients. Lewis has argued that allowing clients' discussions to be disclosed after their deaths would keep them from being forthcoming with their attorneys.

In October, the U.S. Supreme Court let stand an Ohio Supreme Court decision that said that Lewis must disclose what her client said about Erica's disappearance.

However, that ruling has not gone into effect because Lewis' attorneys had also transferred the case to federal court in Dayton, arguing that federal laws -- not those of Ohio -- apply in this case of attorney-client privilege because Lewis was a federal officer.
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xx Man To Be Questioned Tuesday In Erica Baker Case
« Reply #27 on: Dec 20th, 2004, 08:03am »

A man will be questioned this week about the disappearance of a Kettering, Ohio girl missing since 1999.

Prosecutors and police haven't said what information that Christian Gabriel, 33, of Springfield, Ohio, may have about the case.

Erica Baker was last seen walking her dog near her suburban Dayton home.

More than two years ago an appeals court refused to order a public defender to reveal what a client may have known about the missing 9-year-old girl.

That attorney still refuses to share any information by citing client-attorney privilege.


http://www.wcpo.com/news/2004/local/12/19/erica_baker.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #28 on: Dec 21st, 2004, 12:52am »

On the attorney and client confindentiality. I thought that could be broken if there is involvement of child abuse, a crime commited, and a attorney is to bind to ethical issues.

In what respect does the attorney believes that they are so ethical on confindentiality that they seem to pass ethics on protecting a child and their rights?

This is not acceptable for a lawyer not to help a child, this may be crude but I sure would consider if I would hire a lawyer whose ethics would not be protecting a innocent child.

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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #29 on: Dec 21st, 2004, 07:38am »

on Dec 21st, 2004, 12:52am, brightstars wrote:
On the attorney and client confindentiality. I thought that could be broken if there is involvement of child abuse, a crime commited, and a attorney is to bind to ethical issues.

In what respect does the attorney believes that they are so ethical on confindentiality that they seem to pass ethics on protecting a child and their rights?

This is not acceptable for a lawyer not to help a child, this may be crude but I sure would consider if I would hire a lawyer whose ethics would not be protecting a innocent child.

Brightstars


Karen,

She is the lowest of lowest in my opinion. She's what our family calls a bleeding heart who likes to read too much into her job because she has nothing going for herself outside of it. There were many people upset by her on Dateline that came on a few weeks ago. I hope that they can find a loop hole in our law system and go after her for something. She needs to lose her job and never be able to take another job again. She's disgusting in my opinion. angry
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