US v. Baker

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US v. Baker is related to several incidents regarding snuff stories that Jake Baker wrote while he was a student at the University of Michigan.

1 The Case
2 Timeline
3 Cites
4 External links

[edit] The Case

Baker was not prosecuted for the violation of obscenity, but he was prosecuted for six counts of communicating a threat over interstate lines. The FBI started the investigation into Baker at the request of University of Michigan authorities. Since the Internet is considered a form of interstate commerce under United States Code, the FBI recommended that Baker be charged with these crimes. For more background on Baker and the stories, please see Jake Baker

[edit] Timeline

January 20, 1995 -

DPS officers contact Baker. Baker waives his Miranda rights and admits to writing and posting the stories. DPS officers search Baker's room and account with his permission, finding an unpublished story and the e-mail conversations.

February 2, 1995 -

University President Duderstadt suspends Baker on the grounds that he is an immediate threat to the woman named in his story.

February 9, 1995 -

FBI arrests Baker on basis of his stories and e-mail to Gonda. Bail is denied on the belief that he is too dangerous to release, as determined by a judge. Baker charged with violating 18 U.S.C. s 875(c).

February 10, 1995 -

After a detention hearing, Baker is again denied bail by a different judge. A defense appeal for bail bond is denied. Probable cause hearing scheduled for 2/17/95. Baker's lawyer appeals no-bail ruling to 6th Circuit Court in Cincinnati, Ohio.

February 15, 1995 -

Baker indicted by grand jury, negating need for probable cause hearing.

February 17, 1995 -

Baker arraigned, pleads not guilty.

March 7, 1995 -

Baker's bond denied by 6th Circuit Court of Appeals in Cincinnati.

March 9, 1995 -

Baker released on $10,000 bond by Judge Avern Cohn.

March 15, 1995 -

Baker charge based on story dropped, Baker charged with 5 counts based on e-mail with Gonda.

June 21, 1995 -

Charges against Baker dismissed in a ruling by Judge Avern Cohn. Cohn cited lack of evidence that Baker would act out his fantasies.

July 19, 1995 -

Government files "notice of intent to appeal" the dismissal of the indictment. Government now has less than 7 months to appeal the ruling.

November 21, 1995 -

Government files appeal of dismissal. The United States Court of Appeals may take months to decide the case. If the appeal is successful, the case will be brought back to the District Court for trial.

August 16, 1996 -

6th U.S. Circuit Court of Appeals hears the government's appeal.

January 29, 1997 -

The 6th U.S. Circuit Court of Appeals upholds the dismissal of charges against Baker, ruling that the e-mail messages did not constitute a credible threat.