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Matt Baker Trial Blog Thursday Jan. 14

:55 p.m. Trial recessed

4:42 p.m. Gray starts asking Lowrey questions. Gray asks Lowrey what kind of system the Waco Center had at the time.

4:39 p.m. Lowrey says after Matt came back to work after Kari's death, Lowrey said Matt approached him and asked him if there was any way to recover emails that may have been deleted. Lowrey said at the time there really wasn't a way to do that.

4:38 p.m. Lowrey testifies that after Baker resigned he and another co-worker tried to enter Matt's office, but were unable too, even with a master key.

4:32 p.m. Keith Lowrey takes the stand. Lowrey works at the Waco Center for Youth. Lowrey testifies he was working at the center when Mr. Baker worked there. Lowrey says while he was working at the center a computer was discovered to be missing. Lowrey says he went to investigate and discovered Baker's assistant's computer was gone. Lowrey says he checked records and serial numbers and realized that Matt's computer was missing, not his assistant's. The computer was reported missing on June 28, 2006. Lowrey says the computer was last reported to log in on June 19th. Lowrey says he remembered June 19th, it was a state holiday.

4:24 p.m. Henry is dismissed, Judge Strother said, "Its been most interesting."

4:23 p.m Gray asks Henry if any purchases were made, Henry replies no.

4:21 p.m. Henry is still on the stand. Judge Strother has interrupted him several times because Henry's testimony has gotten too complicated. Henry has tried to simply himself before being stopped again. Shafer and Gray approached the bench, and then Henry continued.

4:21 p.m. Henry is still on the stand. Judge Strother has interrupted him several times because Henry's testimony has gotten too complicated. Henry has tried to simply himself before being stopped again. Shafer and Gray approached the bench, and then Henry continued.

3:57 p.m. Henry is giving jurors a crash-course on the inner-workings of his company and how it works technically speaking, relationship with marketers, websites with relevant informaion.

3:48 p.m. Mark Henry is taking about his background and how he started the company

3:47 p.m. Mark Henry takes the stand. He is the CEO of secure.rx-cart.com, an online pharmacy.

3:33 p.m. Kersh is on the back on the stand. He is talking about how he can recover deleted emails if he has the hard drive. He says he never saw the Waco Center for Youth hard drive so he wasn't able to recover such emails.

2:59 p.m. Kersh is asked if he had the hard drive would he have been able to tell if perhaps something would have been purchased on one of those websites. Kersh answered yes, he would have been able to gleam a lot more information.

2:53 p.m. Gray asks Kersh what he has been paid. Kersh says his rate is $175/hr. When he was hired it was $150/hr. Gray asks him how much he has been paid, and Kersh says he is not a stakeholder in his company so he doesn't know how much his company has been paid, but that he gets paid by his company. Gray asks about how many hours he worked on the case and Kersh says he can't hazard a guess.

2:44 p.m. Gray asks Kersh if its possible to tell how long someone stayed on a website. Kersh responds, "No sir."

2:41 p.m. Gray is now questioning Kersh. Kersh is asked if there is any proof if there were ever any drugs purchased. Kersh says "No sir."

2:34 p.m. Kersh tells the jury about a website that takes pictures of web pages and archives them. Kersh then goes through all the websites connected to the MattDB7722 profile showing the jury what the website looked like around the time the websites were searching in the MattDB7722 profile.

2:32 p.m. Kersh reads the entire email from www.turtlefiji.com.

2:30 p.m. Kersh reads an email from TurtleFiji sent the same day. In the email a representative from TurtleFiji congrats Baker on his recent engagement.

2:26 p.m. Kersh says on the Waco Center for Youth computer the website bulafiji.com was visisted on June 8, 2006 at 9:35 a.m. Also on the computer was www.turtlefiji.com was also visited at 10:28 a.m. Kersh says on the website there is a form that can be filled out.

2:22 p.m. Kersh shows the jury a diagram of internet activity on the afternoon of March 23, 2006. The diagram shows an email sent from an account registered to Matt to one registered to Kari just before 1 p.m. that afternoon. After that email Kersh shows the jury activity on a number of drug websites, then about a half hour later another email from Matt's account is sent to another person.

2:18 p.m. Kersh is telling the jury he is often asked how he can determine how to tell who exactly is on the computer. Kersh says one way he employs is to track emails, the thinking being if someone is logged on checking their email on a website that requires a password at the same time they are looking at other web pages. Kersh shows the jurors emails sent on March 9th; the same day Kersh says a number of drug "research" websites were visited.

2:15 p.m. Kersh says he found a cookie for fbglodging.com for a bed and breakfast type place in Fredricksberg. Kersh says this website required a username and password, and in the cookie Kersh says he was able to determine someone logged into the website with a username of "Matt Baker" The password attached to that username was "Vanessa" Kersh says.

2:12 p.m. Kersh says on March March 9, 2006 there was a good search for "overdose on sleeping pills" under the profile of MattDB7722

2:08 p.m. Kersh says he also saw that Matt Baker, under the profile MattDB7722 went to ambien.com in early March.

2:05 p.m. Kersh says one of the cookies on the Waco Center for Youth servers was from the website SecureRxcart.com. Kersh says the cookie was created in March 23, 2006 at 1:28 p.m. CST. Kersh says he talked to the Webmaster of SecureRxcart.com and says he was able to learn the product number involved

2:02 p.m. Kersh is telling the jurors about how cookies work on computers; how it stores websites you have been too, etc.

2:02 p.m. Kersh is telling the jurors about how cookies work on computers, how it stores websites you have visited, etc.

1:52 p.m. Kersh is giving the jury a tutorial about how information is saved on computers and servers.

1:41 p.m. Back from Recess. The state calls Noel Kersh to the stand. According to the Application for Subpoena list, he is a computer forensics examiner based in Houston. Kersh tells the jury that he was contacted by Bill Johnston, who is an attorney involved in the civil suit against Matt Baker, in 2007. In June of 2007, Kersh says he met with Johnston and the Dulin family, and Michael McNamara. Kersh says he received a laptop in 2007 from Crossroads Baptist Church that Baker had in his possession for a time.

Noon - Court in Recess For Lunch

11:40 a.m. Monsey testified he met Vanessa Bulls that night. Monsey says Matt and Vanessa interacted very well. Monsey says he didn't think anything negatively about it. Monsey says he didn't understand the connection why she was there, but that they seemed to have a good plan for the night. Monsey says he knew the party was a slumber party, but he left, sometime after midnight.

11:39 a.m. Monsey says at one point that night he asked Baker about the clothes in Kari Lynn's closet, and Baker said it was best that the girls not be reminded so much during their grieving.

11:37 a.m. Monsey testifies that at one point of the night, the girls dressed him and Baker up to look silly complete with make-up and then go to Wal-Mart to buy cookie dough.

11:33 a.m. Monsey says there was talk about a birthday party for Kensi (One of the Baker's daughters) which was two weeks after Kari Lynn died. Monsey says when he went to the party he noticed there wasn't any pictures of Kari Lynn, and he knew there had been pictures there before. Monsey testifies that he also saw pictures of Vanessa Bulls and her daughter on the fridge. Monsey says that night they played hide-and-seek and during the game he hid with some of the kids in Kari Lynn's closet, and said it was almost barren.

11:30 a.m. Monsey says he learned of Kari Lynn's death from a co-worker and started repeatedly calling Kari Lynn's phone. Monsey says he wasn't thinking, and just wanted answers. He says he was able to reach Matt later in the day, and Monsey testified that Matt told him that Kari Lynn had passed away.

11:29 a.m. Monsey says Kari Lynn was extremely excited but rushed, and later that afternoon she emailed him to see if he could find out how the interview went. Monsey says he went down and tried to speak with members of the committee. Monsey says he was able to determine that Kari Lynn put her best-foot forward during her interview. Based on their last communication, Monsey testified Kari Lynn probably believed that she had the job.

11:26 a.m. Monsey says Kari Lynn was thinking ahead that day, joking that maybe one day they could be co-teachers of the year and go on Oprah. Monsey says in the weeks leading up to the interview they would joke about working together at the middle school the next year. After the interview, Monsey says he saw Kari Lynn, they gave each other a high-five and that she was very "bubbly."

11:25 a.m. Monsey says he saw Kari Lynn the day she died. Monsey said that day Kari Lynn had an interview, and she asked Monsey to meet her at the door and kind of "present" her so to speak he says. Monsey says he felt she would be an asset.

11:21 a.m. Todd Monsey takes the stand. Baker was Monsey's pastor. After graduation, Monsey worked as a music minister with Baker in Axtell and then Youth Minister at Crossroads Baptist Church in Riesel. Monsey says he was very close with Kari Lynn. "We stayed in very close contact." Monsey testified. Monsey is a teacher and coach at Midway High School. Monsey says he knew Kari Lynn well from the time she lost Kassidy up until the time of her death. Monsey testifies that after Kassidy's passing, he and Kari Lynn developed a closer relationship after that. Monsey says when the Baker family moved to Dallas they stayed very close. "She was a mentor of mine." Monsey said.

11:16 a.m. Gray is now questioning Heartsill. Gray asks a more detailed question about the drug commonly known as Unisom.

11:12 a.m. Heartsill says he cannot interpret levels because of the state of the body.

11:11 a.m. Heartsill says due to the nature of this case, the fact that it was an embalmed body, made it hard for them to tell if the levels of alcohol in Kari Lynn's body was significant or not. He also said he cannot tell when the alcohol and drugs were ingested. He says it could be that day, it could have been earlier. Heartsill now explains to the jury what Dr. Quinton told them about why its harder to detect levels from muscle over blood.

11:07 a.m. Heartsilll is now talking about the weight-loss drug that Kari Lynn was taking. Heartsill tells the jury how the diet pill works. Heartsill says its fair to call the pill an "upper" meaning that its a stimulant. Hearstill says if someone was taking that as prescribed, other people would likely not be able to tell.

11:04 a.m. Crawford Long asks Heartsill to describe what Ambien does to the body. Heartsill says normally one Ambien is enough, but he says it depends on the person. Heartsilll says there are not very many cases where Ambien is the sole drug used in an overdose. Heartsill says a person's history is very important to determine how many pills it takes to overdose.

10:59 a.m. Chris Heartsill, Toxicolgist with SWIFS in Dallas. Heartsill says several different tests were conducted on Kari Lynn. He says scientists found three different alcohols, and three drugs. Heartsill says the three alcohols in her body were likely from the embalming process. As for the drugs, one was a weight-loss drug, that is a prescription drug. The second drug in her body was a type of drug found in drugs like Unisom, Heartsill testifies. The third drug in her body was a sleep drug Heartsill

10:56 a.m. Crawford Long asks about the 20 minutes lividity, and Dr. Quinton says its on the outer edge of the time range. Dr. Quinton says he could not determine the cause of death because of decomposition. Dr. Quinton is dismissed.

10:55 a.m. Dr. Quinton testifies that you can start seeing lividity within the first 20 minutes. Classically, he says one could see lividity in the first 2-4 hours.

10:54 a.m. Dr. Quinton is explaining lividity to the jury. Lividity was discussed at great length yesterday during the testimony of two volunteer EMT's.

10:50 a.m. Dr. Quinton says with many sedatives you stop breathing most of the time, and that's what usually causes death. Gray asks if sleeping pills, weight loss pills and alcohol could act together and be lethal, and Dr. Quinton says yes, they could act "in concert" but in this case, he just "doesn't know."

10:48 a.m. Gray questions Dr. Quinton if he saw any fibers in Kari Lynn's throat and he said he looked, but didn't see anything.

10:47 a.m. Gray asks Dr. Quinton if someone crushed up some pills and put it into a liquid would it be noticeable? Dr. Quinton says maybe not 2 or 3 pills, but a large number of pills that were crushed up and put into a liquid would be observable by someone. "I would think so, yes." Dr. Quinton says.

10:46 a.m. Gray asks if taking a whole bottle of Unisom could kill you, and Dr. Quinton says yes.

10:45 a.m. Gray asks Dr. Quinton if taking Unisom could kill you. Dr. Quinton says yes it can. Gray asks how much one would have to take for it to be lethal. Dr. Quinton says there is research out there, but he is not aware of how many pills that may be.

10:42 a.m. Gray is now cross-examining Dr. Quinton. Gray asks Dr. Quinton about the half-life of medicine, and Dr. Quinton says the half-life of medicines is how long it takes the body to process half of a certain medicine.

10:39 a.m. Dr. Quinton testifies that its hard to do toxicology reports on muscle. Its not as accurate. Dr. Quinton said the body was too decomposed to get hand and finger prints.

10:36 a.m. Prosecutor Crawford Long asks if someone had been strangled or suffocated would there be evidence? Dr. Quinton says that he can usually tell if someone had been strangled, but in terms of evidence of suffocation, it’s much harder. Dr. Qutinon says if he has something at the crime scene to help collaborate then its easier. He also adds that had the body been fresh he may have been able to look into the eyes and some other physical clues, but was unable to do that in this case because of the length of time from Kari Lynn's death in April to the autopsy in July.

10:35 a.m. Dr. Quinton says based on the autopsy he could not determine the cause of death. Dr. Quinton says during the toxicology some drugs were found, but that he can not say if the levels were lethal or not. So, her death was ruled undetermined.

10:34 a.m. Dr. Quinton says there was no signs that Kari Lynn Baker died of natural causes.

10:31 a.m. Dr. Quinton tells the jury that its hard to perform an autopsy on someone who has been embalmed. Dr. Quinton adds that even with embalming, there is some decomposition. Dr. Quinton says the autopsy on Kari Lynn Baker was fairly normal. Dr. Quinton says there was no signs of trauma on the body, he says the organs for the most part were intact. During the course of the autopsy, Dr. Quinton says muscle was collected for toxicology because the blood was gone. Dr. Quinton says there was no sign of significant disease or trauma.

10:26 a.m. Dr. Reade Quinton takes the stand. Dr. Quinton is a Medical Examiner for Dallas County. He is a forensic pathologist. Dr. Quinton tells the jury his job is find out how people die, and how one does that is through an autopsy. Dr. Quinton then spends a few minutes explaining to the jury how they perform an autopsy. Dr. Quinton says he was asked to perform an autopsy on Kari Lynn Baker on or around July 13, 2006. Dr. Quinton says its pretty unusual to perform an exhumation autopsy, perhaps performing around 3 a year.

10:00 a.m. Judge takes a short recess so prosecutors can try and figure out what's going on with the 9-1-1 tape.

9:57 a.m. Gray is talking to Toombs again. He is going over bank records again with Toombs showing that Baker spent $55 at the gas station that night.

9:55 a.m. The DVD shows Baker at first saying his wife was awake when he left to run the errands, then in another clip Baker says his wife was asleep when he left.

9:47 a.m. A portion of Baker's civil deposition is played. Baker talks about that night, he says that Kari Lynn asked him to run some errands, because they had a busy day the next day. Baker says he didn't process anything wrong with her, he knew she was lethargic, but nothing alarming. Baker says he was hesitant to leave, asking if it could be done in the morning. Baker says after about 20 minutes he got up and left. Baker says his wife had the idea for the movie, and that she wanted to rent "When a Man Loves a Woman." Baker says he then left the house, he went to the first gas station down the street, and it was closed. Baker then said he went to the next stop, which is up by the middle school, and they only sold diesel. Finally he went to a gas station on the corner, and paid $63. From there he went to Hollywood Video on Hewitt Drive to rent the movie.

9:43 a.m. Shafer has she is going to play excerpts of comments Baker has made. Exhibts 10, 13, and 11. These are excerpts of interviews that ran on 20/20, 48 Hours, and parts of his civil deposition.

9:42 a.m. DVD won't read the 9-1-1 call. Shafer says she'll play it later.

9:38 a.m. Shafer introduces the entire 9-1-1 call into evidence.

9:35 a.m. Shafer is asking Toombs about bank records now. Shafer is asking Toombs to read the bank records. There are entries for Exxon and Hollywood Video.

9:30 a.m. Gray asks Toombs about going through the computer. Toombs says he didn't physically take the computer apart, just looked at it.

Gray is asking Toombs about medication and the doctors Kari Lynn was going too.

Gray asks if its fair to say that Toombs wasn't looking at one side of the picture. Toombs asks for clarification and Gray says you have two sides of the picture, one would be a suicide, looking at medical records, pills, and the other would be murder, did Matt Baker murder Kari Lynn. Toombs says he believed another detective followed up with a Scott & White doctor.

Toombs says he did look at Baker's bank record to confirm Baker's timeline of events that night. Gray asks Toombs if he found anything suspicious in Baker's record. Toombs said no. Baker asked if he looked at Vanessa Bull's bank records, and Toombs said no.

929 a.m. Back from Recess
9:38 a.m. Shafer introduces the entire 9-1-1 call into evidence.

9:35 a.m. Shafer is asking Toombs about bank records now. Shafer is asking Toombs to read the bank records. There are entries for Exxon and Hollywood Video.

9:30 a.m. Gray asks Toombs about going through the computer. Toombs says he didn't physically take the computer apart, just looked at it.

Gray is asking Toombs about medication and the doctors Kari Lynn was going too.

Gray asks if it’s fair to say that Toombs wasn't looking at one side of the picture. Toombs asks for clarification and Gray says you have two sides of the picture, one would be a suicide, looking at medical records, pills, and the other would be murder, did Matt Baker murder Kari Lynn. Toombs says he believed another detective followed up with a Scott & White doctor.

Toombs says he did look at Baker's bank record to confirm Baker's timeline of events that night. Gray asks Toombs if he found anything suspicious in Baker's record. Toombs said no. Baker asked if he looked at Vanessa Bull's bank records, and Toombs said no.

929 a.m. Back from Recess

834am State calls first witness (State Witness 11)

Ben Toombs currently a McLennan County Sheriff's Office Investigator, in April 2006 worked for Hewitt Police Department

Toombs testifies that his dad goes to the same church (Crossroads Baptist Church) as Matt Baker. Toombs says that his dad called him and asked him what to do with a church computer. Toombs says that he told his dad he wasn't involved in the case and that if he had concerns he should take it to the police department.

Toombs said the next time he went to work he found out the computer was there, and it was in the evidence locker. Toombs testified that he and another detective looked at it around June 20, 2006.

Toombs says "being inexperienced at the time" he didn't know any computer forensics, but he looked at the Internet history and it appeared the history had been cleared and the media list on the player didn't have anything on it.

Toombs testifies he and the other detective took the computer to Waco Police for a more in-depth examination. Toombs says Waco PD reported back to him they didn't find anything useful to the investigation.

Once the computer was returned to Toombs he says he returned it back to his father, who had a receipt for the computer.

Toombs says sometime after his Captain at Hewitt PD asked him to talk to a Waco-based Texas Ranger about the exhumation.

Toombs says he was asked to be the lead detective in the case, and he resisted because he knew Matt and Kari through their involvement in the church.

"I didn't think it was a good situation." Toombs said.

Toombs went on to say that he drew up the exhumation affidavit, got it signed and was present the day the exhumation occurred.

Toombs testified he and another detective followed Kari Lynn's body to Dallas for an exhumation autopsy at Southwest Forensics in Dallas.

After talking with the Medical Examiner Toombs says he wasn't hopeful.

But he said, after working with two private investigators hired by Kari Lynn's family, he was able to secure an arrest affidavit for Matt Baker.

Toombs said he and a number of other detectives tried to get the video from Hollywood Video, but Toombs wasn't clear if he was talking about surveillance video or an actual video.

Toombs testified that when he found out that Matt Baker had moved out of the rental house on Crested Butte, he and another detective drove by the house. He said there was trash piled outside, and they stopped and did what is commonly known as a "trash run."

Toombs said that while going through the trash they came across a wine cooler bottle similar to the ones seen on the nightstand the night Kari Lynn died. Toombs said it was August, months after her April death, and the bottle was tested, but no traces of anything significant were found in the bottle.

Prosecutor Susan Shafer asks if anyone took any wine cooler bottles from the house Kari Lynn died. Toombs said no.

Under cross-examination, Gray asks Toombs how old he is. Toombs answers 32.

Toombs says that he interviewed Vanessa Bulls, and that after he interviewed her, two secret services interviewed her as well.

Gray asks how the secret service got involved, Toombs says being a small agency, Hewitt PD often talked with federal agencies, or larger local agencies.

Gray is now asking him if it would have been a good idea for him to check printers that Kari Lynn may have had access too.

"I acknowledge there are other things I could have done that I didn't." Toombs said.

Gray asks if Toombs if he ever said something to the effect of he knew who did it and just had to organize the evidence better.

Toombs says he can't say for certain if he said that or not.

Gray asks if he said something like that to Vanessa Bulls. He said he couldn't recall.

Toombs admits discussing with Vanessa Bulls about making a recorded call to Matt, and that she would help the case by getting a recorded admission from Baker.

Toombs says no such call was ever made.

Gray asks Toombs at length about the suicide note, about how it was tested. 19th District Judge Ralph Strother warns Gray that the questions are getting repetitive based on testimony yesterday.

Toombs says based on the timeline given by Baker, he left the home the night of April 7th around 11:15 am and returned shortly before midnight.

Gray asks if detectives were able to confirm that Baker did those errands, and the detective said they were able to confirm based on movie store records, but not based on video surveillance.

The judge calls a short recess.





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