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 veryhotthread  Author  Topic: Erica Baker - Feb. 7, 1999 - OH  (Read 14954 times)
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xx Rain Falls, Tears Flow At Erica Baker's Vigil
« Reply #45 on: Feb 8th, 2005, 06:16am »

A tearful prayer vigil was held for a missing Tri-state girl Monday night.

It was six years ago on this date that nine-year-old Erica Baker, of Kettering, disappeared.

Months, and then years, of searching followed but her disappearance still remained a mystery.

A recent break in the case led to a suspect and at Monday's vigil held in Erica's honor, there was renewed hope that one day her family, friends and the Dayton community will know what happened to the young girl.

More than 100 people showed up for the vigil despite the rain -- in almost the same kind of weather as the night she left the house to walk her dog -- and never returned.

And on this night the realization that her parents, Misty and Greg Baker, will never see their daughter walk through their front door again.

But they say the search is not over. Those who attended the prayer vigil hold out hope that one day they can bring her remains home and let her finally rest in peace.

The suspect in the case is due to appear in court on February 14.

http://www.wcpo.com/news/2005/local/02/07/ericabaker_vigil.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #46 on: Feb 9th, 2005, 08:18am »

Article Courtesy of Channel Cincinatti
Prayers For Erica Take On Different Meaning
People At Vigil Say They're Trying To Accept She's Dead
T



KETTERING, Ohio -- About 200 people took part in an annual candlelight vigil Monday night at the spot where 9-year-old Erica Baker was last seen six years ago.

Family members said this was the first vigil in which they could actually mourn for Erica, and they won't rest till she's laid to rest, News 5's Emily Longnecker reported.

"It brought back a lot of emotions that I felt six years ago today," said Erica's mother, Misty Baker.

"All the reality is starting to sink in, and it's getting rough," said her father, Greg Baker.

They said they have accepted the word of police investigators that Erica is dead.

Christian Gabriel, 33, of Springfield was indicted last week on charges of abusing Erica's corpse and tampering with evidence.

Gabriel was driving a van that struck and killed Erica on Feb. 7, 1999, police said. They say the van's occupants panicked and disposed of Erica's body.

It has not been found.

http://www.channelcincinnati.com/news/4175219/detail.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #47 on: Feb 18th, 2005, 03:01am »

Erica Baker's Family In Court As Suspect Arraigned

WHIO-TV

POSTED: 11:41 am EST February 17, 2005
UPDATED: 11:53 am EST February 17, 2005

DAYTON, Ohio -- Erica Baker's family appeared in court Thursday to get a look at the man they suspect knows about the disappearance of their daughter six years ago.

Christian Gabriel, 33, was charged in the missing girl's case. There were some tense moments for the Baker family Thursday morning as they were able to look at the man who may lead authorities to Erica's remains.

Earlier this month, Gabriel was indicted and charged with tampering with evidence and gross abuse of a corpse. However, authorities said, he is not charged with Erica's murder.

Gabriel was already serving time in jail for receiving stolen property on an unrelated incident when he was indicted in the Baker case.

Erica's family believes that Gabriel was in a van that struck Erica as she walked her dog near the Kettering Recreation Center six years ago. They also believe he knows where her body is buried.

Gabriel pleaded not guilty on his own behalf. The judge set his bond at $250,000 and he is scheduled to make his next court appearance on March 1.
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #48 on: Feb 18th, 2005, 03:03am »

Family Pleads For Location of Daughter’s Remains

The Associated Press

DAYTON, Ohio – The parents of a missing girl who prosecutors believe was struck and killed by a van appealed publicly today for the man accused of disposing of her body to tell where she is.

Greg and Misty Baker, whose daughter has been missing six years, saw the man for the first time on a television screen in the Montgomery County Common Pleas Court. Christian John Gabriel, 33, was arraigned from prison through a video hookup, and a public defender entered an innocent plea to charges of corpse abuse and evidence tampering.

Nine-year-old Erica Baker vanished in 1999 while walking her dog near her Kettering home in southwest Ohio. Prosecutors say evidence shows people in the van disposed of Erica’s body.

“All I’ve got to say is: Christian Gabriel, you know where she is, you know what they did with her, just give us our daughter,” Greg Baker said to reporters after the hearing.

Gabriel, of Springfield, said nothing during the arraignment, appearing with his arms folded across his chest. He has not been appointed a permanent public defender.

Prosecutors say evidence indicates Gabriel may have been driving the van. They will not elaborate on the evidence used to charge him earlier this month.

Misty Baker sobbed in the hallway afterward and was hugged by her mother.

“It was very hard to see Mr. Gabriel today because he made it real,” Baker said. “I didn’t want to believe that Erica was gone, and so I had to be here today to pound this into my head that she’s really never coming home.”

Pam Schmidt, Erica’s grandmother, said she was disappointed Gabriel wasn’t in the courtroom to see the family, to realize how much Erica was loved and be encouraged to tell anything he knows. Seeing Gabriel on the screen made her feel like she couldn’t breathe, she said.

Police are not searching for Erica’s body, saying they need more information before knowing where to look. No one else has been charged in the case.

Gabriel is serving a nine-month sentence for receiving stolen property at a prison near Lancaster. He is scheduled for release in July.

Judge David Gowdown set bond at $250,000 on the charges in the Erica’s disappearance.
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xx Man pleads innocent in missing girl case
« Reply #49 on: Feb 19th, 2005, 08:55am »

Man pleads innocent in missing girl case


DAYTON (AP) -- A man accused of disposing of the body of a girl missing for six years pleaded innocent Thursday.

Christian John Gabriel, who participated in the hearing from prison through a video hookup, said nothing during the brief arraignment in Montgomery County Common Pleas Court.

Gabriel, 33, of Springfield, was charged in February with corpse abuse and evidence tampering in the disappearance of 9-year-old Erica Baker, who vanished in 1999 after leaving her Kettering home to walk the dog.

Prosecutors say evidence shows that the girl was struck and killed by a van, her body disposed of by those responsible. They say evidence indicates Gabriel may have been driving the van. They will not elaborate on the evidence.

Police don't know where the girl's body is, saying they need more information before knowing where to search. No one else has been charged in the case.

Members of the Baker family stared at Gabriel's image on the video screen from the front row of the courtroom.

Gabriel is serving a nine-month sentence for receiving stolen property at a prison near Lancaster.

Judge David Gowdown set bond at $250,000.
http://www.marionstar.com/news/stories/20050218/localnews/2005176.html
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xx Lawyer Has Hearing Over Erica Baker Testimony
« Reply #50 on: Mar 2nd, 2005, 07:19am »

DAYTON, Ohio -- A federal judge is to hear arguments today about whether a lawyer must disclose what a now-dead client may have told her about the 1999 disappearance of a 9-year-old Dayton-area girl.

Former federal public defender Beth Lewis is asking U.S. District Judge Walter Rice to bar state prosecutors from forcing her to testify before a grand jury.

Lewis says attorney-client privilege keeps her from testifying before a grand jury on the disappearance of Erica Baker, who vanished while walking her dog.

Prosecutors say state law allows it and the state courts have upheld their position.

But Lewis says that under federal law, attorney-client privilege remains in effect even if the client dies.

http://www.channelcincinnati.com/news/4245314/detail.html
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xx Erica Baker's Family And Suspect Come Face-To-Face
« Reply #51 on: Mar 2nd, 2005, 07:22am »

Reported by: 9News
Web produced by: Neil Relyea
Photographed by: 9News
3/1/2005 11:14:10 PM


For the first time family members of a missing Kettering girl came face-to-face with the man accused of knowing something about her disappearance.

Christian Gabriel appeared in court Tuesday, nearly a month after being charged with gross abuse of a corpse as well as tampering with evidence.

Investigators say Gabriel was either driving or was a passenger in a van that struck and killed Eric Baker six years ago in February 1999.

Her body has not been found.

Now the girl's family is pleading with Gabriel, who has a child himself, to share what he knows about Erica's disappearance.

A judge put off setting a trial date so that the defense can review some of the prosecution's evidence.


http://www.wcpo.com/news/2005/local/03/01/erica_baker.html
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xx Court To Decide If Lawyer Must Disclose In Erica .
« Reply #52 on: Mar 3rd, 2005, 05:46am »

Court To Decide If Lawyer Must Disclose In Erica Baker Case
Reported by: 9News
Web produced by: Neil Relyea
Photographed by: 9News
3/2/2005 10:07:39 PM


A federal judge is trying to decide whether a lawyer must disclose what a now deceased client may have told her about the disappearance of Erica Baker.

On Wednesday former federal public defender Beth Lewis asked a U.S. District judge to bar state prosecutors from forcing her to testify before a grand jury.

Lewis claims attorney-client privilege keeps her from testifying.

Erica Baker was nine-year-old when she disappeared while walking her dog near her home in Kettering, Ohio six years ago.

The judge says he will make a decision within 40-days.

http://www.wcpo.com/news/2005/local/03/02/erica_baker.html
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xx Lawyer May be Forced to Testify
« Reply #53 on: Mar 4th, 2005, 07:01am »

Article by Rob Modic
Cox News Service


Former federal public defender Beth Lewis could learn within 40 days if she must testify in front of an Ohio grand jury investigating the disappearance of 9-year-old Erica Baker six years ago.

U.S. District Judge Walter H. Rice set his deadline to decide after an hour of oral arguments.

Lewis’ attorney, S. Adele Shank of Columbus, contended that federal rules of conduct, federal laws and the U.S. Constitution bar state prosecutors from forcing Lewis to disclose what was told to her in confidence by a client in a federal drug case.

The client, Jan Franks, died Dec. 30, 2001, but her widower, Shane Nolan Franks, signed waivers of her rights to confidentiality.

Prosecutors contend Erica was walking her dog Feb. 7, 1999, when she was struck and killed by a motor vehicle whose passengers picked up her body and hid it. They contend Christian Gabriel, charged with disposing of her body, was in the vehicle. Tipsters have said Jan Franks also was in the vehicle.

The Ohio Supreme Court upheld the waivers Shane Franks signed and a finding of contempt of court, which could land in Lewis in jail unless Rice finds federal laws apply.

Rice said Wednesday that if he finds Lewis must testify, he will hold a second hearing on whether Franks’ waiver was coerced.

Franks withdrew his first waiver last year in a signed document obtained by Lewis’ attorney. But the next day he signed a new waiver after meeting with a Kettering police detective. Franks signed both documents in the Montgomery County Jail while waiting to be taken to state prison.

Assistant Montgomery County prosecutor Carley Ingram, chief of the appellate division, contended Lewis’ attorneys failed to raise their arguments about federal laws when Lewis was first subpoenaed to testify before a grand jury in June 2002. That failure, Ingram said, bars them from bringing up the same arguments 2½ years later.

Shank maintained the federal defenses were not waived in 2002 because the issue was in a state court and it was not reasonable for Lewis’ attorneys to believe the Ohio Supreme Court would rule that Frank’s attorney-client privilege could be waived for a criminal investigation.

For half a century, Shank said, the waiver had been used only to clarify probate matters involving trusts, wills and estates.

http://tinyurl.com/62q4d
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xx Greg Baker Talks To Kids Safe Seminar
« Reply #54 on: Apr 21st, 2005, 10:17am »

DAYTON, Ohio -- A rash of missing, abducted and slain children is putting child safety back in the spotlight. Now, one local father who has been through that nightmare is doing all he can to help other parents.

Greg Baker's daughter, Erica Baker, disappeared in February 1999. She was last seen near a pond at the Kettering Rec Center. Now, Greg Baker wants to make sure that is not the end of the story.

Baker talked with several hundred concerned parents at a Keeping Kids Safe seminar. He has spent the last six years trying to find out what happened to his daughter after she disappeared walking her dog. Her body has never been found.

He worries that those who prey on children are getting more sophisticated. He said those who prey on children are going high-tech and getting more devious and figuring out ways to get a hold of kids.

Baker said it is tough for him to watch television coverage of missing kids. He has followed the recent cases involving Jessica Lunsford, a third-grader who was apparently abducted from her own bedroom.

He has also watched the recent disappearance and murder of 13-year-old Sarah Lunde.

Police have made arrests in both cases, but Baker knows that does not erase the parents' pain. That is why he gets up in front of groups to share his story and urge them to always know where their kids are and whom they are with.
http://www.whiotv.com/news/4397674/detail.html
« Last Edit: Apr 21st, 2005, 10:19am by FindCarrie » User IP Logged

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xx Claims of attorney-client privilege rejected in mi
« Reply #55 on: Apr 22nd, 2005, 11:08pm »

Claims of attorney-client privilege rejected in missing-girl case
JAMES HANNAH
Associated Press


DAYTON, Ohio - A federal judge on Friday rejected claims of attorney-client privilege made by a lawyer in the case of a missing 9-year-old girl now believed dead.

U.S. District Court Judge Walter Rice said the attorney-client defense doesn't prevent prosecutors from forcing the lawyer, Beth Lewis, to reveal what she may know about the girl, who hasn't been seen for six years.

However, Rice also said that before Lewis can be forced to testify, the court must determine whether she has been given permission to disclose such information by the husband of her now-deceased client.

"We are pleased that Judge Rice has ruled that the attorney's claims based on federal law have no merit," said Montgomery County Prosecutor Mathias Heck Jr.

Lewis' attorney, Adele Shank, said she hadn't reviewed the decision and couldn't comment on it. "We anticipate there will be further (legal) proceedings," Shank said.

In 2002, a grand jury investigating the 1999 disappearance of Erica Baker directed the former federal public defender Lewis to testify about what a client, Jan Franks - who died of a drug overdose the year before - may have told her about Erica's disappearance.

According to court documents, police have information that Franks and other people may have been in a van that struck and killed Erica.

In February, prosecutors announced that they believe Erica is dead. They have accused Christian John Gabriel, 33, of Springfield, of disposing of the girl's body. Gabriel has pleaded innocent to charges of corpse abuse and evidence tampering.

Lewis has refused to testify, citing attorney-client privilege.

However, prosecutors argued that Lewis must testify because Franks' husband, Shane Franks, gave her permission to do so. 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.

After giving his permission, Shane Franks withdrew it and then reversed himself and gave it again.

Rice said he plans to hold a hearing to determine whether Shane Franks gave his consent, given that he once withdrew it, and whether that consent was given voluntarily.

Rice said that if he determines Franks has given consent, Lewis will be directed to testify. But she won't if consent wasn't given, Rice said.

Pam Schmidt, Erica's grandmother, said she is grateful for Rice's decision.

"We've been battling in the court system for so long, and I'm hopeful this will bring an end to it," Schmidt said. "But until we actually have Beth Lewis before the grand jury, I won't be comfortable."
http://www.ohio.com/mld/beaconjournal/11465448.htm
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xx Judge To Make Next Move In Baker Case
« Reply #56 on: May 4th, 2005, 07:16am »

DAYTON, Ohio -- On Monday, Judge Walter Rice will make the next move in the case involving the disappearance of Erica Baker.

Shane Franks is set to appear before Rice. Rice now must rule on whether Franks voluntarily signed a second waiver regarding his late wife’s attorney-client privileges.

At one point, Franks revoked the first waiver, but later signed a second waiver. Prosecutors want the wife’s lawyer, Beth Lewis, to tell what she may know about the disappearance of Baker.

Prosecutor’s believe Lewis may know something about Baker’s disappearance.
http://www.whiotv.com/news/4437373/detail.html
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xx Detective: Suspect Said Erica Baker Was Hit By Veh
« Reply #57 on: Jun 16th, 2005, 5:27pm »

Detective: Suspect Said Erica Baker Was Hit By Vehicle, Buried
Reported by: AP
Web produced by: Liz Foreman
Photographed by: 9News
6/16/2005 12:21:47 PM


A police detective says a man accused of disposing of the body of a missing girl told investigators the nine-year-old was struck by a vehicle and her body buried.

Kettering Detective Robert Green says Christian Gabriel gave police two different locations where he claimed the body of Erica Baker had been buried but she has not been found.

Green's testimony came today in a hearing in which the 33-year-old Gabriel is trying to have his statements to investigators kept out of court. Gabriel has pleaded innocent to evidence tampering and abuse of a corpse.

Green's testimony was the first evidence presented by prosecutors in their case against Gabriel.

Baker vanished in February 1999 while walking her dog near her suburban Kettering home.

http://www.wcpo.com/news/2005/local/06/16/baker.html
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xx Re: Erica Baker - Feb. 7, 1999 - OH
« Reply #58 on: Jun 17th, 2005, 1:05pm »

Evidence Revealed in Erica Baker Case

Erica Baker vanished six years ago

Christian Gabriel is suspected of disposing of Erica's body

By JAMES HANNAH

Associated Press Writer



DAYTON, Ohio (AP) - A man accused of disposing of the body of a 9-year-old girl missing for six years told investigators the girl was struck by a van and her body buried, a detective testified Thursday.


It is the first time prosecutors have explained why they believe Erica Baker was struck by a van and why Christian Gabriel is suspected of disposing of her body, which has not been found.


Gabriel, 33, of Springfield, is trying to keep his statements to police out of his trial on charges of corpse abuse and evidence tampering.


The girl vanished in February 1999 while walking her dog near her home in suburban Kettering.


Robert Green, a detective in Kettering, said Gabriel told him in July that Erica's body had been buried near Huffman Dam, north of Dayton. Gabriel took investigators to the dam, but the body was not found there, Green said in Montgomery County Common Pleas Court.


Clark County sheriff's Deputy Robert Wise accompanied Gabriel to the dam and said Gabriel told him he had been a passenger in the van that struck the girl. Gabriel said the girl's body was driven to a bridge area at the dam and that others in the van disappeared with it, Wise said.


Six months later, Gabriel told investigators that the body was buried at Caesar Creek State Park, southeast of Dayton, then he helped draw a map and accompanied investigators in the search, Green said.


Gabriel claimed at one point that he couldn't remember where the body was buried and took investigators to several sites in Dayton to try to find it, Green said.


Mark Saunders, warden at the Southeastern Correctional Institution near Lancaster, where Gabriel was an inmate, said Gabriel stopped him as he was making rounds Feb. 4.


Saunders said Gabriel told him he had confessed, but that he didn't know where the others had put the girl's body because he wasn't familiar with the Dayton area.


Defense attorney Frank Malocu said Gabriel was interrogated by police at least 13 times and was not informed of his rights before all interrogations.


Green pressured Gabriel to talk and once brought him to tears by telling him there were two Gabriels - a family man and one who made a mistake, Malocu said.


Under cross examination, Green acknowledged that Gabriel told him that he made the statements to get investigators off his back.


Green said he told Gabriel he didn't believe some of his statements. For example, the location of where the girl's body was allegedly buried at Caesar Creek made no sense because of where the lake's water levels were at the time, he said.


"And he told me someone else was driving the van. I didn't believe it," Green said.


Gabriel, who pleaded innocent, is the only person charged in the case.

Malocu said he is challenging all of Gabriels' statements because of the circumstances, including long interrogations.


"It appears that even the police didn't believe the statements, Malocu said during a break in the hearing.


Judge Michael Hall did not immediately rule on the defense motion to bar Gabriel's statements from trial. He gave Malocu and prosecutors two weeks to submit additional written arguments.


Police have stopped searching for the girl's body, saying they need more information about where to look.


Pam Schmidt, the girl's grandmother, said she is confident the family will eventually recover Erica's remains even if Gabriel doesn't lead them there.


"I believe we're going to find Erica - with or without him," she said.


http://www.onnnews.com/Global/story.asp?S=3485509&nav=LQlCb9Qm




(Copyright 2005 by The Associated Press. All Rights Reserved.)
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xx Attorney May Be Compelled To Talk
« Reply #59 on: Jun 17th, 2005, 11:59pm »

On Friday, there could be another step forward in the search for answers in the Erica Baker case.

The Kettering girl disappeared six years ago while walking her dog.

An attorney, who may know something about the girl's disappearance, is refusing to talk because of attorney-client privileges, even though her client is dead.

Friday, a federal judge will hear the case and decide whether Beth Lewis has to share what she knows
http://www.10tv.com/Global/story.asp?S=3487830
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