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April 19, 2013

Trial continues in deadly robbery

Prosecution set to finish up in Baker case today



She said her uncle then came to the window and asked Redd, who had rolled the window down several inches, if he had and pills. When Redd said he did not, Baker told police her uncle began firing into the vehicle.

“One spark was all I saw,” Baker told the investigator.

She said she then panicked, quickly left the vehicle and returned to her nearby home.

On the recorded interview, Hollis continued his attempt to get Baker to admit she conspired to rob Redd, but Baker didn’t budge.

“I use my body, instead of rob,” she told Hollis.

As the video was played on a large flatscreen television in the courtroom, Baker diverted her eyes and cried, a wadded-up tissue sat on the table before her.

Harmeyer said she wanted to show the video to the jury to support placing Baker at the scene and reveal that she received $60 and 18 pills from the crime.

“We don’t believe she, herself, physically took them [the stolen property], but her aiding in the robbery makes her culpable in the crime. Whether or not all the elements are proved against her, she aids in a crime or conspires to commit a crime, she is still guilty of that crime,” she said.

Jacobs said the video supports Baker was not involved in a conspiracy.

“Baker was asked eight times if she planned to rob Redd,” he said “Her response was always the same. There was no agreement.”

Harmeyer said the prosecution had considered calling Mayes as a witness, but decided against it.

“It is just a strategic decision by the state to not call him as a witness,” she said. “That is his niece, and we believe he would attempt to protect her.”

Harmeyer explained prosecutors had previously offered Baker a blind plea to accept a B felony, which has an advisory sentence of 10 years in prison with a maximum of 20 years. Baker did not accept the offer.

The term blind plea sentence would have been the up to the discretion of the presiding judge, and could have resulted in a probation term, Harmeyer said.

Presiding Judge Daniel Moore told the jurors before adjourning for the day that they can expect to go into deliberation early this afternoon.

The case was scheduled to reconvene 10 a.m. today.


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