01/12/11 Baker wants trial date under state guidelines

  • By Nick Sabo
  • January 12, 2011
  • 280
                        
An attorney representing a Wooster man argued in Holmes County Common Pleas Court against a rescheduling that will result in his client sitting in jail for one month past state speedy trial guidelines. Jesse J. Baker, 46, 3585 Ely Road, objected Jan. 8 through his attorney, Andy Hyde, to having a jury trial on drug charges continued to Feb. 22. The new trial date pushes Baker’s time in jail past the 90 days allotted to him under speedy trial statutes. Baker was scheduled for jury trial Jan. 8 on charges that he operated a methamphetamine lab Oct. 26. Under Ohio law, a defendant charged with a criminal offense has a right to hear their case within 90 days if they are incarcerated or 270 days if out on bond. Baker has been incarcerated since Oct. 26, with the allotted 90 days coming to a close Jan. 23, Hyde said. The case was rescheduled after sitting Common Pleas Judge Robert D. Rinfret recused himself due to a possible conflict of interest. The two visiting common pleas judges available to Rinfret’s court, Stark County Judge David Stucki and Wayne County Judge Mark K. Wiest, had scheduling conflicts and could not hear the case. The Feb. 22 jury trial date was the first opening in Wiest’s schedule for a three-day trial. Hyde said Baker was ready to proceed with the trial Jan. 8. “All along in my involvement with this case, Mr. Baker nor I have done nothing to impede his speedy trial rights,” Hyde said. “He’s not waiving those rights, (the court) is snatching them away.” Prosecuting Attorney Steve Knowling said the extension is within Ohio statutary guidelines because the problems with scheduling the case were beyond the court’s control. “(Wiest) set it for the first trial date he has,” Knowling said. “It’s just another 30 days and there’s no violation of law in that.” Baker is charged in a seven count grand jury indictment with illegal manufacture of methamphetamine, illegal assembly or possession of chemicals for the manufacture of methamphetamine, aggravated trafficking in methamphetamine, possession of methamphetamine, possession of heroin, possession of drug paraphernalia and having weapons under disability. The charges allege Baker was operating a meth lab in a trailer Oct. 26 on private property. A co-defendant, Charles R. Mills, 47, 13210 Private Road 231, Nashville, was arrested at the same time, operating a meth lab in a garage on the same property. The property owner was unaware of the illegal activity. Mills pleaded guilty Jan. 8 to illegal manufacture of methamphetamine and trafficking in methamphetamine. He is scheduled for sentencing Feb. 25.


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