Where is the body of evidence that Baker shouldn't be in court?

Published online on Wednesday, Oct. 21, 2009

The day after a judge said that alleged child molester Harry Baker must appear in court next time for his twice-delayed arraignment, lawyer Richard Berman provided an update on the health of his wealthy client.

"Some people are saying that Harry might be playing games," Berman said during a news conference at his downtown Fresno office.

You mean, there are folks who suspect that Harry Baker is pulling a Harry Faker so that he won't have to set foot in the courthouse and face the media's questions and cameras?

I'm sure that Baker wants to have his day in court as quickly as possible. I'm sure he's eager to tell the world how he, a shrewd executive, was victimized by Gypsy blackmailers and conned into touching a 13-year-old girl while a video camera rolled. If only he were healthy enough to get the ball rolling toward that day.

But Baker isn't healthy, Berman said.

Earlier this year, he spent seven weeks in intensive care and rehabilitation for respiratory problems that included pneumonia, the lawyer said. Baker's medical bills for that time alone totaled nearly $900,000.

And now, Baker is in an undisclosed hospital, battling pneumonia again and recovering from a tracheotomy performed Wednesday morning so that he could breathe. His weight is 130 pounds -- down about 45 pounds -- and his condition, Berman said, is "guarded."

There, you have it: Baker, owner of Sierra Telephone Co. and a former Madera County supervisor, isn't playing games. He's gravely sick, and he might not be well enough to make it to court Nov. 3.

"I don't know what the situation is going to be in two weeks," Berman said.

I asked Berman how the 81-year-old Baker managed to dodge the media assembled outside Fresno police headquarters when he surrendered to detectives, posted $50,000 bail and left without being booked into Fresno County Jail on Oct. 5.

"Maybe he has a good attorney," Berman said. "Maybe his attorney's job is to keep him from being harassed and humiliated."

As it was Berman who opened the door on the maybe game, I'll play it, too.

Maybe Baker's strategy is less about going to trial and more about avoiding the public glare. Lawyers such as Berman can put off trials for years with delay tactics. During a paper blizzard, witnesses move, memories fade and public interest moves on to the next big case.

I also asked Berman how Baker now could be fighting for his life when just last month, according to hotel clerks interviewed by a Bee reporter, he was checking into rooms in the company of young women.

"Pure rumor and speculation" not supported by police reports, he answered.

Harry Baker or Harry Faker?

We'll see what Fresno County Superior Court Judge Houry Sanderson decides.