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Baker hearing continued, mental evaluation ordered


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By John Richmeier
Leavenworth Times

Leavenworth, Kan. -

A preliminary hearing for a former school librarian accused of sexually abusing a child was continued Thursday so the defendant can undergo a psychological evaluation.

The attorney for Anthony C. Baker, who faces 12 charges in Leavenworth County District Court, had asked that his client be sent to the state hospital in Larned to be evaluated for mental competency as well as sanity.

Judge Gunnar Sundby ordered an evaluation for competency at the Guidance Center in Leavenworth. He said a sanity evaluation can take place later.

Baker, 36, is charged with three counts of rape, six counts of aggravated criminal sodomy, one count of aggravated indecent liberties with a child and two counts of sexual exploitation of a child.

The crimes are alleged to have been committed in 2005 and 2006.

Baker worked for the Leavenworth public school district for 10 years, first as a teacher at Muncie Elementary School. He then spent 4.5 years as the school’s librarian. He resigned in the summer of 2007, school officials said.

The request for an evaluation came from defense attorney Michael Highland on the afternoon Baker was supposed to have a preliminary hearing.

Based on evidence presented at a preliminary hearing, a judge determines if a case should proceed to the next phase, which is the arraignment.

Deputy County Attorney Roger Marrs said Thursday that he was ready for the hearing.

“I wasn’t expecting this,” Marrs said of the defense’s request.

Marrs said he wasn’t sure of the legal standard or how much discretion the court had in the face of such a request.

Marrs argued that Baker was gainfully employed at Muncie Elementary School when the crimes are alleged to have occurred. Marrs said he finds it hard to believe Baker was legally insane at the time.

Marrs said it might be better for Highland to file a motion explaining why he thinks the evaluation is needed. The deputy county attorney said this would allow him time to research the law.

Marrs suggested a competency evaluation can be handled at the Guidance Center. But he said a competency and sanity evaluation at Larned would extend the case for several months.

Highland said he has never had a motion such as the one he was requesting denied in 19 years.

Based on time spent with Baker at the county jail, Highland said his client needs to have an evaluation.

Sundby said he believed a mental competency evaluation must be ordered before the case can proceed. But he said insanity is more of an issue pertaining to guilt or innocence.

He ordered the competency evaluation at the Guidance Center. If Baker is determined to be competent, the judge said he probably will go forward with a preliminary hearing.

Sundby said a sanity evaluation is just one step in the process and never comes into play in regards to a probable cause determination at a preliminary hearing.

The case was continued until Jan. 7. Sundby said this court appearance will be for the purposes of determining competency.

Baker already has been sentenced in a federal case for a charge of producing child pornography. He was sentenced to 17.5 years in prison.

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