Madera County civic leader Harry Baker missed his third court appearance on molestation charges because he remains extremely ill and has trouble breathing, his lawyer said Tuesday in Fresno County Superior Court.
Attorney Richard Berman provided Judge Houry Sanderson with a doctor's note as evidence of Baker's illness, which Berman said includes recurring bouts of pneumonia and a tube in his throat that allows him to breathe.
Berman also told the judge that Baker will be readmitted to a Fresno hospital.
"He will be going by ambulance with paramedics," Berman said.
Judge Houry Sanderson delayed Baker's arraignment to Nov. 17.
At that time, Sanderson said she will either arraign Baker in her courtroom or make arrangements to conduct the court proceedings in Baker's hospital room.
Baker, 82, faces a felony charge of committing a lewd act with a 13-year-old girl. In two previous court hearings, Berman has cited his client's ill health for his absences.
Baker, a former Madera County supervisor and president of Sierra Telephone Co., was arrested Oct. 5 after a police investigation that includes a videotape of him fondling the girl in a Fresno motel in May 2007, court records show.
Berman has acknowledged that Baker touched the girl, but said he did so in a nonsexual way.
Berman contends his client is the victim of a blackmail scheme by the girl's parents. Baker has told authorities that he paid $250,000 to the girl's family, Berman said.
Outside court Tuesday, Berman said his client is recovering from throat surgery, but also has recurring bouts of bronchitis and pneumonia and possibly a contagious infection.
"The doctor said you should wear a mask around him," Berman said.
Berman declined to identify the hospital, saying he didn't want to jeopardize his client's safety. But he said that after Baker spent two weeks in the hospital, he was allowed to go home Sunday.
Tuesday morning, a doctor visited Baker and became concerned while doing a routine procedure of clearing the tube in Baker's throat, Berman said. "He couldn't breathe," Berman said.
Berman said he doesn't know when Baker will get well enough to attend court. "I don't have a crystal ball," he said.
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