Ex-senator's 2-day pass draws objection

Prosecutor seeks to get Baker’s leave from court-ordered treatment shortened

A prosecutor asked a federal court Thursday to reconsider a decision allowing Gilbert Baker to leave an in-patient substance-abuse treatment center for more than two days this month, saying that long of an absence might interfere with Baker's treatment program.

Baker, 62, of Conway is undergoing treatment at Freedom House in Russellville under court order as a condition of his release while awaiting trial on bribery and other charges.

On Wednesday, U.S. Magistrate Judge Patricia Harris had granted the former state senator's request to leave the center from 3 p.m. Feb. 22 through 5 p.m. Feb. 24 so that he could attend a son's wedding rehearsal dinner and wedding in Conway.

Baker's attorney said in the request that a prosecutor in the U.S. attorney's office had authorized him "to state the government has no objection to this request if the pretrial services office approves."

In asking Harris to reconsider her decision, Michael Gordon, who is criminal chief for the U.S. attorney's office, said that office "believes there has been an inadvertent misunderstanding with defense counsel."

"The United States does not oppose the defendant attending his son's wedding if Pretrial Services approves," Gordon added. "However, the United States was not aware that the defendant would be requesting a [50-hour] pass, which amounts to the defendant missing more than two full days of his [30-day] treatment program."

Gordon said the prosecutor's office had spoken with the pretrial-services officer who is supervising Baker.

"After speaking with [the officer], who consulted with the defendant's counselor at Freedom House, the United States understands the recommendation of Pretrial Services and the Freedom House to be a day pass for the wedding," from 8 a.m. to 8 p.m. on Feb 23, Gordon said. "A longer pass may interfere with the defendant's success in the treatment program."

In 2016, Baker pleaded guilty to driving while intoxicated and refusing to take a breath test. A toxicology report later showed that he had tested positive for methamphetamine after the arrest.

Baker, a former chairman of the Arkansas Republican Party, pleaded innocent in January to one count each of bribery and conspiracy and to seven counts of wire fraud. The charges resulted from an investigation of a purported scheme involving a nursing-home owner and a now-imprisoned former judge, Michael Maggio. Baker's trial is scheduled to begin Oct. 28.

Maggio is serving a 10-year prison sentence after pleading guilty to a federal bribery charge. Nursing-home owner Michael Morton of Fort Smith has not been charged with a crime and has denied wrongdoing.

Gordon is acting as U.S. attorney in the Baker case because U.S. Attorney Cody Hiland has recused.

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Arkansas Democrat-Gazette

Gilbert Baker

State Desk on 02/15/2019

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