Erica Baker

[Doyle]

A former federal public defender who refuses to answer questions about what a now-deceased client may have told her about a missing nine-year-old girl has taken her battle to federal court.
http://www.onnnews.com/Global/story.asp?S=1871263&nav=LQlCNA

[budda-fly]

:confused: Did they ever find her body? I don't remember. I know that she disappeared while walking her dog on a rainy kind of day, either in a park, or near a park. I just don't recall hearing about them finding her.

[coopkid]

They didn't find her. At least, last I heard they didn't. I dont know what is going on with the attorney right now (the one who refuses to disclose information). I lived in Dayton (Kettering is part of Dayton) when this happened...it's hard to believe that no one saw anything..(she disappeared in a residential area, near a rec center where there was some sort of activity going on). According to the rumor mill around Dayton, the attorney refuses to speak because she fears the repercussions (from those involved in Erica's disappearance). Actually, that's not a rumor. That is what the attorney alluded to the court, when explaining her reasoning for the refusal to disclose. Her fears are probably merited. There are some very bad people in Dayton... :(

[mysteriew]

I hadn't heard the rumor about the possible repercussions re the attorney speaking out. It does make sense. It never made sense to me that the attorney felt that her obligation to keep attorney/client privelege would survive the death of the client. And I couldn't imagine an attorney who was so idealistic, that she would go to jail and spend this much of her own money to push the issue. fear for herself and her family explains that somewhat. you would think that it would be easier for her to cooperate and use the money she has invested, to establish herself somewhere else with a new identity.

[Kelly]

I wanted to let you know that our family has spent several weeks taping with Dateline, and the segment is scheduled to air this Friday at 8:00PM EST. Let's hope this brings us a step closer to finding Erica.

In HOPE,
Pam

[Jenn]

To Erica's Family,

My prayers are with you.

[Mom who cares]

Bumping for Erica. Prayers that the Dateline show helps in the search for answers in the disappearance of this beautiful child.

[knicksgal1]

What a terrible, terrible story! My heart goes out to Erica's family.

[2sisters]

I saw the dateline with her story last night. It infuriated me. Did anyone else see it, I'd like to hear feedback from others on this case. The attorney for the drugaddict needs to tell what she knows. What is more important, keeping your word to a drug addicted felon or peace for a family who's little girl is gone and they have no answers yet after 6 years. Maybe someone else knows and will talk.

[lisag]

I didn't see it - but I have heard the story - and I too think that attorney needs to open her mouth and start talking !!
This family NEEDS to know where Erica is !! And this dumb attorney has a MORAL obligation to tell them what she knows.

[pjgatorbabe]

There were two news stories in late December 2004 about questioning an inmate about Erica. Here's a link to the most current article.

http://www.nbc4i.com/news/4016319/detail.html

[ariel7]

http://www.nbc4i.com/news/4166637/detail.html

[Juliana]

http://www.nbc4i.com/news/4166637/detail.html


Bump!

[audrey77]

:clap: I am so happy that investigators are making way with other means. I've been watching the coverage about the attorney, and I think she's over-interpretting the law.

Hopefully someone will talk and lead them to Erica.

[mysteriew]

http://www.whiotv.com/news/4207815/detail.html

Erica Baker's Family In Court As Suspect Arraigned

POSTED: 11:41 am EST February 17, 2005
UPDATED: 2:37 pm 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.

The judge entered a not guilty plea of Gabriel's behalf. His bond was set at $250,000 and he is scheduled to make his next court appearance on March 1.

http://www.whiotv.com/news/4167066/detail.html

Timeline Of Events In Erica Baker's Disappearance

POSTED: 4:35 pm EST February 4, 2005

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.
__________________

[Karyn]

Did they ever get any info out of this women, lets hope her kids never get taken then she will know what it like !! Is this any development in this case??

[mindi77]

POSTED: 12:11 pm EDT April 22, 2005
DAYTON, Ohio -- Erica Baker's family received what could be encouraging news on Friday morning.A federal judge disagrees with attorney Beth Lewis and said that state prosecutors can move forward in their efforts to make Lewis tell what she may knows about Baker's disappearance.http://images.ibsys.com/2005/0302/4247767_200X150.jpgFederal Judge Walter Rice issued a 27-page opinion Friday morning.
It was more than six years ago that Baker, 9, disappeared while walking her dog at the Kettering Recreation Center. Investigators said a recent arrest indicates that Baker is no longer alive, but the family wants her body found.Baker's parents, Greg and Misty, along with prosecutors believe the former federal public defender may have some more details or possibly an answer on where Baker is. It was Lewis' client, Jan Franks, who is now deceased, who prosecutors believe told Lewis what happened to Baker.However, Lewis has refused to talk, citing attorney-client privilege, despite the fact that Frank's spouse gave consent and an Ohio Supreme Court ruling.Now, Rice disagrees with Lewis and the Baker family hopes she will finally break her silence.Also, in Rice's opinion, he said he will hold an evidentiary hearing to validate the consent give by Franks' husband, Shane. The court wants to make sure his consent was given freely.

[mindi77]

POSTED: 6:13 am EDT May 2, 2005
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.


This is really close to home, I live here and am extremely upset that this lawyer has kept her mouth shut. I agree if this was a child she would want to know.

[lisag]

I hope she talks soon !! This family deserves to know, and Erica deserves to have a proper burial !

[mysteriew]

Lawyers are fighting to keep some statements made by a suspect, involving the death of a little girl, out of court. A judge will decide whether to toss out Christian Gabriel's comments about the disappearance of Erica Baker.

http://wkrc.com/news/local/story.aspx?content_id=472BC9E7-A73D-40C0-A9BA-B59D1169F330

[mysteriew]

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.

http://www.wcpo.com/news/2005/local/06/16/baker.html

[emma l]

Sometimes I cannot imagine what goes through peoples heads. To state the absolute obvious- why on earth, after knocking down a child, wouldn't you call and ambulance and try and help her? What were they thinking? To put this famliy through so much hell when- yes they would have suffered terribly if Erica had been knocked down and killed- but the would've been able to have a decent burial and grieve for her. This is just unforgivable.

[mysteriew]

Sometimes I cannot imagine what goes through peoples heads. To state the absolute obvious- why on earth, after knocking down a child, wouldn't you call and ambulance and try and help her? What were they thinking? To put this famliy through so much hell when- yes they would have suffered terribly if Erica had been knocked down and killed- but the would've been able to have a decent burial and grieve for her. This is just unforgivable.

It is called selfishness emma. From what I have heard, they were high when they hit the girl, they were afraid of getting in trouble. What I want to know is- was she alive after being hit? If she was alive (and I heard she was) then I think they should be going up on some kind of murder charge.

[mysteriew]

During a seven-month period, Christian John Gabriel gave three widely varying written statements about his role in the death of 9-year-old Erica Baker, who disappeared from a Kettering park on Feb. 7, 1999.

http://www.daytondailynews.com/localnews/content/localnews/daily/0621erica.html

[lisag]

These people involved are unbelievable - and that goes for that stupid attorney also !!
Erica's family deserves to know what really happened to her and where she is.
I pray they do not have to wait much longer !!

[emma l]

It is called selfishness emma. From what I have heard, they were high when they hit the girl, they were afraid of getting in trouble. What I want to know is- was she alive after being hit? If she was alive (and I heard she was) then I think they should be going up on some kind of murder charge.


I doubt if we'll ever know if Erica was alive mysteriew. They surely won't tell us and I doubt they'd be able to tell anything if they found Erica now as its been so long. You are right -it is pure and utter selfishness. I hope they never sleep another wink- I surely wouldn't.

[mysteriew]

Former federal assistant public defender Beth Lewis won a 30-day stay Tuesday, time to ask a federal appeals court to bar a county grand jury seeking Lewis to testify what a former client may have told her about the disappearance of 9-year-old Erica Baker.

U.S. District Judge Walter H. Rice ruled April 22 that Lewis had no federal defenses to prevent Montgomery County prosecutors from taking her before a grand jury.

"We are pleased that the court has granted its stay, and we will be proceeding in the 6th Circuit (Court of Appeals)," said S. Adele Shank, one of Lewis' attorneys.

Rice's ruling requires Lewis to file an appeal within 10 days and to win a longer stay from the federal appeals court before his 30-day stay expires.

http://www.daytondailynews.com/localnews/content/localnews/daily/0622erica.html

[jodierenee]

I just don't get this lady!!! I can def. understand the confidentiality thing, but really..the lady is dead, and the husband gave permission! These poor parents have been waiting to bury their daughter for years now and this lady knows potentially where she is and is refusing to talk! I dont know how she sleeps at night! It's not like the lady she is representing killed the girl....what is the big deal?!!!!!

[mysteriew]

I just don't get this lady!!! I can def. understand the confidentiality thing, but really..the lady is dead, and the husband gave permission! These poor parents have been waiting to bury their daughter for years now and this lady knows potentially where she is and is refusing to talk! I dont know how she sleeps at night! It's not like the lady she is representing killed the girl....what is the big deal?!!!!!

"Rumor" has it that her life and the lives of her kids were threatened if she told.
I don't see why she doesn't just make an arrangement with the family that she will tell them where Erica is, but only if they do not tell where the tip came from. Then they could let on like a person just kind of came upon the remains. That way she wouldn't have to acknowlege that she gave the info and maybe she can get out of going to court.

[mindi77]

I agree, she could tell them and saw a little birdie told them. I live really close to where this happened and I am appalled that she won't tell Erica's parents what she knows. I mean if she has kids wouldn't she want to know? I remember getting on an elevator not long after Erica went missing and her mom got on, she looked so sad that I honestly didn't know what to say to her. So I said nothing I couldn't imagine the pain she was feeling and I didn't want to bother her. I really wich these people would at least give this little girl the respect of letting her family find her and put her to rest. It has been way to long for heavens sake she was 9 and she would be 16 now, give them all peace. I do have to say that if that was my child I think I would be kicking that lawyers butt for info. Hopefully one day she will GROW a conscience.

[mindi77]

Vigil celebrates Erica Baker's 16th birthday

By Cathy Mong (cmong@DaytonDailyNews.com)

Dayton Daily News

Erica Baker, who disappeared while walking her dog 61?2 years ago in a Kettering park, would have celebrated her "Sweet 16" birthday Wednesday.

Instead of a celebration, the milestone was marked by friends and family who gathered downtown and believe someone knows what happened to the girl on Feb. 7, 1999.

People who pray someone will speak out, end the anguish and enable her remains to be put to rest. People who hope, too, that those responsible for Erica's death and cover-up will be identified and prosecuted.

Until that day, the girl's father, Greg Baker, said he will not allow the community to forget who and what his family has lost.

Imprinted in the community's collective memory is a class photo frozen in a better time, its blonde-haired subject's eyes framed with shaggy bangs, her hair pushed behind her ears; an impish grin on her face. Erica as she was, her future unrealized.

"Happy birthday, Baby," Baker told about three dozen supporters as he released 16 pink balloons into the summer breeze.

"I would prefer to be anywhere else but here," he said. "But this is where I need to be right now, in the middle of two buildings — the (Montgomery) County Courts Building and the Federal Court Building."

The buildings represent two people — Christian John Gabriel, charged with abuse of a corpse and tampering with evidence and who is housed in the county jail; and former federal public defender Beth Lewis, who for three years has not revealed what Jan Franks might have told her about the case while Lewis was representing Franks on unrelated federal drug charges. Franks, believed to have been in the van that struck Erica, died Dec. 30, 2001.

"I'm very, very angry that there are two people who know where she is," Baker said.

Baker said he imagined Erica turning 16 and driving, "with me sitting in the passenger side of the car, gritting my teeth, hoping she wasn't going to hit something. I imagine her giggling as she turns doughnuts in some parking lot."

He said it isn't only Erica's family suffering from her disappearance.

"We're hurting, the community is hurting ... She's not just our daughter. Erica has become everyone's child. They've taken her into their hearts and homes."

[mysteriew]

A former federal assistant public defender has more time to appeal a judge's ruling that would force her to testify to what a former client told her about a 9-year-old girl who has been missing for six years.

The 6th U.S. Circuit Court of Appeals on Monday continued a 30-day stay granted last month by U.S. District Judge Walter H. Rice to Beth Lewis, who prosecutors want to question about the 1999 disappearance of Erica Baker of Kettering.

Rice ruled in April that prosecutors can take Lewis before a grand jury, but later allowed her to put off testifying while she appeals that ruling. http://www.cleveland.com/newsflash/cleveland/index.ssf?/base/news-18/1122957781143370.xml&storylist=cleveland


I really don't get the courts. They keep ordering her to tell what Jan Franks told her, but then they keep allowing her more time to put off testifying. It has been six years, that is long enough!

[mysteriew]

Eight months after a grand jury indicted Christian John Gabriel, and six years and eight months after 9-year-old Erica Baker disappeared from a Kettering park, the 34-year-old Springfield man will be tried Monday.
http://www.daytondailynews.com/localnews/content/localnews/daily/1002erica.html?UrAuth=aNaNUOcNWUbTTUWUXUTUZT[UbUWU]UVUZUaU]UcTYWYWZV


Thread started in Trials

[Bobbisangel]

I didn't register for that site so I have a couple questions.

Is he being charged with murder? What has happened with the attorney that refused to give info that her deceased client might have given her?

I hadn't heard of this case before today. I can't begin to imagine the frustration this family has felt over the years. To know that there is someone that might have the answers to your daughter's death and where her body is and that somebody refused to give them that peace of mind...I would want to choke the truth out of that attorney. It is just beyond belief.

There were ways that attorney could have let the family know what she knew. She obviously knows something or she wouldn't be clawing her way up the judicial ladder to keep from talking. Couldn't she put herself in the shoes of this family? She does have kids because she said her life and the lives of her children were threatened. If someone did threaten her and her family she should ask for protection in return for what she knows...along with the names of who is threatening her.

It's to much to wish that CTV would cover this case. Lately it seems like they either show trials they have already shown or like now...a trial that just got over for real, we know the verdict and pieces of it were shown on news channels.

I hope three things happen during the time of this trial...if this guy is guilty that he be found guilt by a "common sense jury"....that the parents of this little girl are told where her body is....and that the attorney who may have been able to bring peace to this family be charged with withholding info or whatever they can charge her with.

[mindi77]

http://www.whiotv.com/news/5062040/detail.html


Gabriel Trial: Prosecution Wraps Day Two Of Testimony

POSTED: 4:32 pm EDT October 5, 2005
UPDATED: 5:06 pm EDT October 5, 2005

DAYTON, Ohio -- Day two in the trial of Christian Gabriel has concluded. He is the only person charged is the disappearance of 9-yar-old Erica Baker.

Gabriel is charged with gross abuse of a corpse and tampering with evidence. On Wednesday, several people took the stand, including Baker’s mother, Misty, and her grandmother, Pam Schmidt.

more at link

I was watching alittle about it this morning on the 5 oclock news here and they showed the taped interview he did back awhile ago. Says that Jan Franks who has since died was driving his van and struck and killed Erika and her and another man picked the body up and then dumped it somewhere. He said he was just a witness not an accomplice to this. They were all supposedly drunk and high at the time.

The lawyer that has been refered to was the lawyer for the women who died, she was her lawyer for something else I believe and when she died they asked the women lawyer if Jan Franks had said what happened to Erika and she refused to tell saying confidentialty.....but there is a law that says if someone dies then there spouse has the right to wave that which her husband did and then recanted and I thing he finally give permission but she still won't talk. I know that making her talk is still going on.

If I find more I will post it.

Hopefully they will be able to locate her body so that her family can have some peace.

mindi

[mindi77]

This is the latest thing I could find about the lawyer


http://www.whiotv.com/news/4797885/detail.html


Beth Lewis Given More Time

POSTED: 7:21 am EDT August 2, 2005
UPDATED: 7:41 am EDT August 2, 2005
DAYTON, Ohio -- Former federal assistant public defender Beth Lewis, has been given more time to appeal a judge’s ruling, which would force her to testify in the case involving the disappearance of Erica Baker.

On Monday, the 6th U.S. Circuit Court of Appeals continued a 30-day stay granted to Lewis last month.

In April, a federal judge allowed Lewis to put off testifying about what she may know about Baker’s disappearance while she appeals the ruling.

[mysteriew]

I didn't register for that site so I have a couple questions.

Is he being charged with murder? What has happened with the attorney that refused to give info that her deceased client might have given her?

I hadn't heard of this case before today. I can't begin to imagine the frustration this family has felt over the years. To know that there is someone that might have the answers to your daughter's death and where her body is and that somebody refused to give them that peace of mind...I would want to choke the truth out of that attorney. It is just beyond belief.

There were ways that attorney could have let the family know what she knew. She obviously knows something or she wouldn't be clawing her way up the judicial ladder to keep from talking. Couldn't she put herself in the shoes of this family? She does have kids because she said her life and the lives of her children were threatened. If someone did threaten her and her family she should ask for protection in return for what she knows...along with the names of who is threatening her.

It's to much to wish that CTV would cover this case. Lately it seems like they either show trials they have already shown or like now...a trial that just got over for real, we know the verdict and pieces of it were shown on news channels.

I hope three things happen during the time of this trial...if this guy is guilty that he be found guilt by a "common sense jury"....that the parents of this little girl are told where her body is....and that the attorney who may have been able to bring peace to this family be charged with withholding info or whatever they can charge her with.

Since this is now a court case, I started a thread in Trials and there is more info there.

[mysteriew]

A former public defender has agreed to testify about what a former client may have told her about the 1999 disappearance of 9-year-old Erica Baker.

In announcing what ends a 3 1/2-year legal dispute, Montgomery County Prosecutor Mathias H. Heck Jr. said Beth Lewis' lawyers contacted him before noon Tuesday and said she was prepared to testify before a grand jury.

"She will appear before the grand jury on a date we will select" within 30 days, Heck said. He said he will not announce the date. Grand jury proceedings are not public.
http://www.middletownjournal.com/money/content/news/stories/2006/01/10/0110ericaweb.html

[mindi77]

about time

[mysteriew]

After a three-year legal battle, a former federal public defender agreed Tuesday to testify about what a former client, now dead, may have told her about the 1999 disappearance of a 9-year-old girl.

Beth Lewis relented and decided to testify in the Erica Baker case after losing an appeal before a federal appeals court earlier in the day.

Lewis had argued that her conversations with her client, Jan Franks, were protected by attorney-client confidentiality, even though Franks has been dead for more than four years. But the courts repeatedly rejected that argument.

"I now find that I must fulfill my duty as an attorney to the courts," Lewis said.
http://hosted.ap.org/dynamic/stories/M/MISSING_GIRL?SITE=FLTAM&SECTION=US

[mysteriew]

http://www.daytondailynews.com/localnews/content/localnews/daily/0110ericaweb.html

[mysteriew]

Attorney Beth Lewis has finally broken her silence in the Erica Baker case.

On Tuesday, Lewis appeared before a Montgomery County grand jury to tell what she may or may not know about the disappearance and the death of the Kettering girl.

After nearly two hours, Lewis left the room and remained quiet.

Everyone wants to know what Lewis may know, but those interested will have to wait. Officials said by law, grand jury testimony is secret.
http://www.whiotv.com/news/6407087/detail.html

http://www.daytondailynews.com/localnews/content/localnews/daily/0124ericaweb.html

A former federal public defender who prosecutors have wanted to question about the 1999 disappearance of a 9-year-old girl appeared before a grand jury on Tuesday.
It was not known whether attorney Beth Lewis testified about the disappearance of Erica Baker or whether Lewis would return.
Lewis has fought prosecutors who have wanted to question her about what a now-dead client may have told her about the girl. She claimed the conversations with her client were confidential, even though the client's husband waived that privilege and courts have ruled against her.
Lewis was behind closed doors at the grand jury offices for about 90 minutes. She declined to comment as she left.
http://www.ohio.com/mld/beaconjournal/13701543.htm

[mysteriew]

It took three years and decisions from a dozen judges to make it happen. On Tuesday, Beth Lewis appeared before a Grand Jury to answer questions about the disappearance of Erica Baker.

Now prosecutors may finally know what Lewis knows about the Baker case, but that information, if any, is still a secret.
http://www.wdtn.com/dsp_story.cfm?storyid=22442

[mysteriew]

Attorney Beth Lewis has finally broken her silence in the Erica Baker case.

On Tuesday, Lewis appeared before a Montgomery County grand jury to tell what she may or may not know about the disappearance and the death of the Kettering girl.

After years of failed court fights to keep herself out of the Montgomery County grand jury room, Lewis finally testified. Information believed to have been told to her in confidence by deceased client Jan Franks.

After nearly two hours, Lewis left the room and remained quiet.
http://www.onnnews.com/Global/story.asp?S=4405823

[warrkat]

I lived in the area when Erica disappeared. The place they are looking is only about 20 minutes, maybe 1/2 hour, from where she lived.

http://www.daytondailynews.com/n/content/oh/story/news/local/2008/11/19/ddn111908searchweb.html

Police searching Clark County site for Erica Baker remains

[jules19osu]

I live in Cincinnati, so I am very familiar with this case also. I really hope they find her to give her family closure.

[warrkat]

I live in Cincinnati, so I am very familiar with this case also. I really hope they find her to give her family closure.

I can't even remember the names, now, of the people who were thought to be involved. Would be interesting to see if either of them lived in the Enon area. The place where they are looking is kind of ..... well, it's not a very good area, to put it nicely.

[warrkat]

http://www.daytondailynews.com/n/content/oh/story/news/local/2008/11/19/ddn111908ericabaker.html

[asher1979]

This case breaks my heart. It's so hard to accept something like this can happen in your hometown. I live about 5 minutes from where Erica went missing. Over the years I've occassionally seen Pam, her grandmother, around town. She always had Erica's picture plastered on buttons on her clothes and purse. She looks like such a kind woman... my heart just hurts for her and the rest of Erica's family.