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50 °F Forecast | Road Cams Thursday, April 7, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Health Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley SHOP OUR VALLEY AutoFinder HomeFinder JobFinder Classified Place an ad TOP JOBS EXTRA Ashland News NIE Personals Movie Times TV Times E The People Volunteer Moving here? eSouthernOregon CUSTOMER SERVICE FAQ's Advertise with us Home Delivery Employment Contact Us Media Kit Oregon Road Conditions & Cams Email Story to a Friend April 5, 2005 Defense argues illegal search in infant’s murder Defense claims items were illegally seized from the baby’s father, accused of the crime By SARAH LEMON Mail Tribune A defense attorney is trying to suppress evidence seized in the case of a 21-year-old Rogue River man charged with murdering his infant son, arguing police didn’t have the legal authority to take the items, among them a sword. Ernest Harold Baker III was living in his father’s home on Ward’s Creek Road when deputies responded on March 20, 2004, to an assault on Baker’s baby. The child suffered a severe slash on his neck and later died at Rogue Valley Medical Center. Baker also was treated for a cut on his neck prior to being arrested. Baker’s father, Ernest Harold Baker Sr., unlawfully gave investigators permission to search his son’s room, argued defense attorney Kenneth Hadley Monday in Jackson County Circuit Court. The younger Baker had been living in the house for about two weeks and paid no rent, according to a roommate’s testimony. Hadley hinted that drugs were involved in the crime. Circuit Court Judge Lorenzo Mejia made no ruling Monday on the motion to suppress evidence removed from the Ward’s Creek home. Detectives testified Monday that they seized a 2-foot-long "martial arts" sword and scabbard from a room Baker was fixing up for the baby. They also confiscated a Bible, a piece of blood-stained carpet and some bloody scraps of wood, said Lt. Dewey Patten, of the Jackson County Sheriff’s Department. Advertisement Prosecutor Beth Heckert argued that the door to the bedroom was open, and all items seized were in plain sight. Under state law, Ernest Baker Sr., who also had personal items in the same room, had authority to permit a search, she argued. Hadley moved to postpone Baker’s trial, set to open this week. The 14-day trial is now scheduled for Sept. 20. Hadley also has filed motions to limit Heckert from making particular arguments before the jury and to exclude illegal and involuntary statements or admissions made by his client. If convicted of the crime, Baker could be put to death. Heckert said she has not decided if she will seek the death penalty. Aggravated murder — Oregon’s only death-penalty crime — applies to several scenarios, including the murder of children younger than 14. Baker remains in the Jackson County Jail without bail. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback Student Loan Consolidation Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers home equity loans helzberg Distance Education Diamonds Slippers Student Loans afsa teleconferencing Memory Foam Mattress w2 forms Tatoo Fasa Advertisement s