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 veryhotthread  Author  Topic: Erica Baker - Feb. 7, 1999 - OH  (Read 14958 times)
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #30 on: Dec 21st, 2004, 08:39am »

Amen to that!

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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #31 on: Dec 21st, 2004, 08:45am »

on Dec 21st, 2004, 08:39am, brightstars wrote:
Amen to that!

Karen


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Karen, the night this came on. Erica's website was shut down it was so full of people trying to get on. Everybody was OUTRAGED.
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xx Man Questioned in Baker Case
« Reply #32 on: Dec 22nd, 2004, 05:34am »

Police considered Christian John Gabriel, 33, of Springfield, a possible witness within months after Erica, then 9, vanished while walking her dog near the Kettering Recreation Center on Feb. 7, 1999. At one point years ago, police gave Gabriel a polygraph.

No one has been charged in Erica’s disappearance.

Police declined to talk about Tuesday’s questioning of Gabriel, citing the secrecy of grand jury proceedings. A grand jury subpoena was issued in the case Friday, the same day Montgomery County Common Pleas Judge A.J. Wagner ordered Gabriel transferred from prison Tuesday “to testify as a witness on behalf of the state of Ohio.”

Erica’s grandmother, Pamela Schmidt of Kettering, said: “We hope as a witness he tells us where we can find Erica. That’s really what we want to know right now.

“The greatest gift he can give himself is to relieve his conscience and help us.”

Gabriel has described himself as a boyfriend of the late Jan Franks, a drug addict who said she was a passenger in a van that struck Erica.

Kettering police have received tips that Franks and others had been shoplifting at a nearby store when their van struck Erica as she walked her dog. According to a tipster, Erica was taken from the scene and her body buried.

In an interview with the Dayton Daily News in July 2002, Gabriel said he had nothing to do with Erica’s disappearance and said Franks never mentioned Erica to him.

“I’m being accused of something I’ve had nothing to do with,” he said at the time. “If I knew anything, I would tell. I’ve got kids of my own.”

As for Franks’ scenario, Gabriel said, “She was a crackhead, so she’s going to say anything.”

Beth Lewis, a former federal public defender who once represented Franks, is fighting court rulings finding Lewis in contempt for refusing to disclose anything Franks might have told her about Erica’s disappearance. Lewis contends that anything Franks told her is confidential; state courts disagreed.

Franks died of an overdose at a Dayton homeless shelter Dec. 30, 2001.

Using an obscure Ohio law, Montgomery County prosecutors obtained from Franks’ widower, Shane Franks, a posthumous waiver of his wife’s confidentiality to compel Lewis to talk. Shane Franks withdrew the waiver early this month, but quickly reinstated it.

Gabriel was admitted to the Correctional Reception Center in Orient near Columbus on Nov. 12 to begin a nine-month sentence from Clark County for receiving stolen property. After completing testimony, he is to be returned to the Orient prison.

Shane Franks was admitted to the same prison Dec. 12 on a felonious assault, weapons and theft conviction.

Gabriel had one other prison stay, also for receiving stolen property. It began in October 1999, eight months after Erica’s disappearance. He was released in April 2000.

Gabriel in 2002 said he submitted to a police polygraph in 1999. He said he must have passed it, because the police let him go. He said he hadn’t spoken to police since about 1999.

In a 2001 interview, Kettering police Capt. David Woolf said, “We weren’t satisfied with the results, and he has refused to talk to us since. He’s the only one of that group that has shut us out completely.”

http://www.middletownjournal.com/news/content/news/stories/2004/12/21/MJ1222erica.html?urac=n&urvf=11037147515900.5987844773304557
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xx Federal Judge to Decide Missing Girl Case
« Reply #33 on: Jan 29th, 2005, 2:38pm »

DAYTON, Ohio (AP) -- A federal judge on Friday rejected Ohio's bid to take control of a case over whether a lawyer must disclose what a now-dead client may have told her about a 9-year-old girl's disappearance.

U.S. District Court Judge Walter Rice said he will hear the case involving former federal public defender Beth Lewis and will schedule a hearing on the matter before March 1.

Had Rice allowed the case to return to state court, Lewis could have gone to jail because she has been found in contempt for refusing to answer a grand jury's questions about what her client, Jan Franks, may have told her about the disappearance of Erica Baker.

Erica disappeared in 1999 while walking her dog in suburban Kettering. No one has been charged. According to a court document, police received information that indicated Franks and other people may have been in a van that struck and killed the girl.

After Franks died of a drug overdose in 2001, her husband waived her attorney-client privilege and 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 her appeals.

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.

State prosecutors argue that Lewis should not be allowed to take her case to federal court to argue the same issues or raise defenses not previously raised in state court.

But Rice said Lewis' transfer of the case to federal court did not violate any filing deadline and that he has jurisdiction because the state court has not rendered final judgment in the case.

Rice said he presumes that Lewis will argue that the federal version of attorney-client privilege -- as opposed to Ohio's version -- should be applied in her case.

Rice said that if he decides Ohio law prevents Lewis from raising that issue, he will not conclude that federal attorney-client privilege protects Lewis from being required to disclose the conversations she had with Franks.

Montgomery County Prosecutor Mathias Heck Jr. said he is disappointed with Rice's decision, but is convinced the the judge will ultimately decide that Lewis must testify or be held in contempt.

http://www.lancastereaglegazette.com/news/stories/20050129/localnews/1930588.html
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xx Records: Erica case has secret grand jury
« Reply #34 on: Feb 3rd, 2005, 07:11am »

DAYTON | Six weeks after a new witness surfaced in the disappearance of 9-year-old Erica Baker, prosecutors have convened several days of secret grand jury testimony in the case, court documents show.
Judge David A. Gowdown granted a prosecutor's motion to seal "certain documents involving the conveyance of witnesses to testify in grand jury proceedings."

Also, assistant county prosecutor Leon Daidone, lead prosecutor in the investigation into Erica's 1999 disappearance, asked a judge to postpone a hearing in another case, stating he "has become involved in a pressing grand jury investigation that will consume most of the first week of February."

Gowdown's order Thursday pertained to the 2½-year-old case, opened in June 2002, about the girl. Erica, then 9, vanished while walking her dog near the Kettering Recreation Center on Feb. 7, 1999.

No one has been charged in her disappearance.

Former federal public defender Beth Lewis is fighting a subpoena to testify before the grand jury.

U.S. District Judge Walter H. Rice on Jan. 26 refused to dismiss Lewis' lawsuit seeking to raise issues not addressed by the Ohio Supreme Court, which upheld rulings ordering her to testify.

Prosecutors believe Lewis might have information about Erica's disappearance from Jan Franks, a former client in unrelated drug cases. Franks had said she was a passenger in a van that struck Erica.

Franks later died, and her surviving spouse, Shane Nolan Franks, waived her right to attorney-client privilege.

Police considered Christian J. Gabriel, 33, of Springfield a possible witness within months after Erica vanished. Gabriel has described himself as a boyfriend of Jan Franks.

A Montgomery County judge Dec. 17 ordered Gabriel taken from the Correctional Reception Center in Orient, where he is serving a nine-month sentence for a felony in Clark County, to Kettering where he was "to testify as a witness on behalf of the state of Ohio."

Under Gowdown's order, documents such as the one filed about Gabriel on Dec. 17 will now be sealed.

http://tinyurl.com/5bpdv
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #35 on: Feb 4th, 2005, 1:56pm »

Christian Gabriel just been indicted for tampering with evidence and gross abuse of a corpse in connection to the dissapearance of Erica Baker. As soon as the local news updates it's website, I'll post a link.

This is the first arrest associated to the dissapearance, and the first public acknowledgement that Erica is deceased.

More to follow ...
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #36 on: Feb 4th, 2005, 2:06pm »

on Feb 4th, 2005, 1:56pm, beachlover wrote:
Christian Gabriel just been indicted for tampering with evidence and gross abuse of a corpse in connection to the dissapearance of Erica Baker. As soon as the local news updates it's website, I'll post a link.

This is the first arrest associated to the dissapearance, and the first public acknowledgement that Erica is deceased.

More to follow ...


This is not suprising at all. I thought there might be an arrest in this because anniversary of her disappearance is this Monday. They are ready to move on this from what I can tell. Next I'd arrest Beth Lewis shocked
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #37 on: Feb 4th, 2005, 2:08pm »

http://www.whiotv.com/news/4166447/detail.html

Here is the link ...
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xx Charges Filed In Erica Baker Case
« Reply #38 on: Feb 4th, 2005, 2:25pm »

Here is one with a live video internet feed:

Reported by: 9News
Web produced by: Liz Foreman
Photographed by: 9News
Last updated: 2/4/2005 2:47:49 PM


A grand jury has handed down an indictment in the case of a suburban Kettering girl who vanished in February 1999 while walking her dog.

Friday, a grand jury indicted Christian Gabriel, 33 on felony charges of gross abuse of a corpse and tampering with evidence in the case of Erica Baker.

Gabriel is currently an inmate at Southeastern Correctional Institution.

Police are not revealing details about Gabriel's possible involvement with the case, but the gross abuse of a corpse charge could mean that the suspect knows the location of Baker's body.

Baker's body was never found, and no one had been charged up until this time.

Stay with WCPO.com and WCPO-TV for updates to this story. Please click "refresh" on your browser to view the most recent version of this story.

http://www.wcpo.com/news/2005/local/02/04/baker.html
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xx Timeline Of Events In Erica Baker's Disappearance
« Reply #39 on: Feb 4th, 2005, 4:27pm »

DAYTON, Ohio -- It has been six years since Erica Baker disappeared. She vanished on Feb. 7, 1999, while walking her dog.

The next day, on Feb. 8, police drained a pond near the location where she was last seen. Also, dozens of volunteers searched for her.

Two weeks later the Erica Baker Recovery Center opened in Kettering and then later moved to the Van Buren Shopping Center.

In May of 1999, Erica's picture was featured in People magazine and actress Sarah Jessica Parker appeared in a public service announcement to help find Erica.

In 2002, prosecutors requested that attorney Beth Lewis testify before a grand jury about what a deceased client, Jan Franks, may have known about Baker's disappearance. However, Lewis refused to testify, citing attorney-client privilege.

In 2004, Frank's husband signed a waiver allowing Lewis to talk, but once again she refused. The case then went to the Ohio Supreme Court, where the court ordered Lewis to talk. She appealed that order.

In December 2004, A Montgomery County judge ordered Christian Gabriel to be brought to Kettering from the Southern Correctional Institute. He was serving a nine-month sentence for a felony in Clark County. Once in Kettering, he testified as a witness on behalf of the state of Ohio.

http://www.whiotv.com/news/4167066/detail.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #40 on: Feb 4th, 2005, 11:09pm »

Article By Ohio News Network:


Prosecutors in Dayton said Friday that a grand jury believes a girl who disappeared when she took her dog for a walk six years ago is dead.
However, Assistant Montgomery County Prosecutor Leon Daidone says investigators don't yet know where the body of Erica Baker is.
A grand jury has indicted a prison inmate on charges of abuse of a corpse and tampering with evidence.

The inmate 33 year old Christian John Gabriel of Springfield hasn't been charged with a homicide.
Prosecutors say the evidence suggests Gabriel was the driver or passenger of a van that struck Erica, who was nine years old when she disappeared.


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xx Prayer Vigil To Be Held Monday For Erica Baker
« Reply #41 on: Feb 5th, 2005, 11:41pm »

Reported by: 9News
Web produced by: Neil Relyea
Photographed by: 9News
2/5/2005 6:07:00 PM


Nearly six years after Erica Baker's disappearance in Kettering, Ohio near Dayton, reality is sinking in for the young girl's mother.

With the indictment of a Springfield, Ohio man this week in connection with Baker's death, her mother, Misty Bakers, has been forced to accept that after years of holding out hope for her daughter's return, it won't happen.

But a prayer vigil on the sixth anniversary of the nine-year-old's disappearance will still be held this Monday at 7 p.m. at the Kettering Recreation Center.

"We're going to be praying that we find her remains so that I can bury her," said Misty Baker, "and I hope that everyone will come and offer their support, because we still need it."

http://www.wcpo.com/news/2005/local/02/05/ericabaker.html

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xx Presumption of girl's death still shocking to fami
« Reply #42 on: Feb 6th, 2005, 9:41pm »

Posted on Sun, Feb. 06, 2005
Presumption of girl's death still shocking to family


KETTERING, Ohio - Even though she had been missing for six years, news that a grand jury concluded 9-year-old Erica Baker is dead shocked the girl's family.

I had, up to now, hoped for her to walk through the door someday," Erica Baker's mother, Misty Baker, said Saturday.

A grand jury has accused a prison inmate of abuse of a corpse and tampering with evidence in the first charges to be filed in the case of the girl, who has been missing since she took her dog for a walk six years ago in this Dayton suburb.

Misty Baker said she even redecorated her daughter's room, changing it from the pink, frilly bedroom of a 9-year-old to something more suitable for a 15-year-old, in hopes that Erica would be found alive.

"We were trying to keep it like the age she'd be," she said.

Now, the family is shifting its efforts to finding Erica's body, she said.

The inmate, Christian John Gabriel, 33, of Springfield, was not charged with a homicide, prosecutors said when they announced the indictment on Friday.

Carley Ingram, assistant Montgomery County prosecutor, said Gabriel is accused of disposing of the body. She said the evidence suggests that Gabriel was the driver or passenger in a van that struck Erica.

"The grand jury has come to the conclusion that she is deceased," said Leon Daidone, assistant Montgomery County prosecutor.

He said investigators do not know where the girl's body is and hope to locate it as the investigation continues.

"They hit her with the van and they panicked and put her in the van and disposed of her body," Baker said.

She said she hopes Gabriel will tell where the body is.

Gabriel is an inmate at the Southeastern Correctional Institution near Lancaster, where he is serving a nine-month sentence for receiving stolen property. He was brought to Dayton in December to be questioned about the case.

He told the Dayton Daily News in 2002 that he had nothing to do with Erica's disappearance.

"If I knew anything, I would tell. I've got kids of my own," he said.

Prosecutor Mathias Heck Jr. said Gabriel was charged on Friday because the deadline for filing most of the charges possible in the case is Monday.

Baker said she hopes new evidence can be found so that prosecutors can get homicide charges filed. Ohio has no deadline for filing murder and aggravated murder charges.

She is no longer counting on information that a former public defender may have.

In 2003, Beth Lewis was held in contempt of court for refusing to reveal whether one of her former clients had any information about the case.

According to court documents, police received information that indicated the client, Jan Franks, and other people may have been in a van that struck and killed the girl.

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

Baker said she no longer believes Lewis is key to resolving the matter.

"Now that we know who the players are, I could care less what she has to say," Baker said.

http://www.ohio.com/mld/beaconjournal/news/state/10834380.htm?1c
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xx For Erica Baker on Feb. 7, 2005
« Reply #43 on: Feb 7th, 2005, 05:14am »

Thinking of Erica Baker on this unfortunate sixth anniversary since her disappearance. May they find answers to where she is, so that she can be brought home to a proper burial.


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xx Prayer Vigil For Erica Baker Tonight
« Reply #44 on: Feb 7th, 2005, 05:33am »

Prayer Vigil For Erica Baker Tonight
Daughter's Death Confirmed, Mother Hopes To Recover Her Body


KETTERING, Ohio -- A prayer vigil is set tonight for Erica Baker at the site where the missing girl was last seen alive six years ago.

It happens just three days after prosecutors confirmed her death and made the first charges in the case.

“We’re going to be praying that I find her remains and I can bury her,” said her mother, Misty Baker. “And I hope everyone will come and offer their support because we still need it.”
http://www.channelcincinnati.com/news/4170369/detail.html
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