BY TOM O'NEILL
The Cincinnati Enquirer
WILMINGTON -- Tracey Baker's attorney filed several motions Wednesday accusing Clinton County prosecutors of conflict of interest and unfair pretrial media leaks.
The trial of Mr. Baker, 33, is set for Monday in Clinton County Common Pleas Court. He is charged in the alleged coverup of the murder of Carrie Culberson of Blanchester. Mr. Baker's half-brother, Vince Doan, is serving a life sentence for the slaying of his former girlfriend, though her body has never been found.
A hearing will be today at 9 a.m.
Defense attorney Scott J. Frederick called for a change of venue from Clinton County and sanctions against prosecutor William Peelle and assistant prosecutor Rick Moyer, saying their filing of a supplemental evidence disclosure Monday made a fair trial impossible.
In that disclosure, prosecutors said they might call attorney David Bender to testify about two faxes to Mr. Bender in which Mr. Frederick suggests the possibility of a favorable divorce settlement for Lori Baker. She is expected to testify against her husband. Mr. Frederick late Wednesday acknowledged he received a phone message from the Enquirer Monday seeking comment but did not return the call. But he said of the evidence disclosure, "There's only been one side told. My concerns are the attack placed on myself, and two, there's no way my client can get a fair trial with what the prosecution has done. It's a deliberate attempt to get me removed from this case." He noted the court has not ruled on the admissibility of the faxes.
In his motion, Mr. Frederick wrote, "this insidious attack is a disgusting affront" and added, "If any "deal' has been offered to Lori Baker, it has been by threat of prosecution if she refused to get on the stand and tell what the prosecutor believes is the "truth.' " The alleged conflict of interest stems from a 1985 divorce proceeding in which Mrs. Baker was represented by Peelle & Peelle, the prosecutor's private law firm. The Bakers subsequently reconciled.
