>From Netwatcher http://www.ionet.net/~mdyer/baker.html 3/18/95 After hearing the preliminary evidence, the Michigan Grand Jury reviewing Jake Baker's case decided to indict Baker with 5 counts of transmitting a threat to injure or kidnap, in violation of 18 USC 875 (c). Each count carries fines and up to 5 years imprisonment. 3/10/95 Baker has been released on $10,000 bond on the condition that he not post articles to the internet. He may read and download material online, but cannot post. The terms of his release also call for him to receive a psychological evaluation. In releasing Baker, the Judge indicated that he did not feel that it was likely that Baker would carry through with the alleged threats made in the newsgroup article and e-mails. The Judge ordered that Baker's mother, Vilma Baker, take third-party custody of Jake. Mrs. Baker is to report any unusual behavior to the court. Baker is to avoid Ann Arbor, except to visit with his attorneys, and is to have no contact with students at the University of Michigan. After his release, Baker stated that it was "stupid" to have used the girl's real name in the article, but that, since he had been out of touch during his month of incarceration, he did not feel he had the proper perspective to make public comment. HISTORY: SUMMARY OF RELEVANT EVENTS January 9 --A University of Michigan alumnus, living in Moscow, saw the post and alerted University officials. February 2 --Baker was escorted from the campus on February 2, and suspended. February 3 --Baker and his attorney meet with school officials to ask that Baker be allowed to resume classes and his duties as a projectionist on the north campus. February 9 --A hearing is held on the UM campus. At approximately 1:00 p.m., prior to the scheduled hearing, Baker is arrested by federal authorities at the office of his attorney. Baker is taken before a magistrate, charged with Interstate Transmission of a Threat, in violation of 18 U.S.C. sec. 875, which carries a maximum prison term of five years. He is also accused of sending and receiving e-mail correspondence with an unnamed Canadian man, in which both describe their desire to kidnap and torture women. Baker is jailed overnight without bail, even though the prosecutor recommends bond be set. February 9 --Baker's mother and an Ann Arbor psychiatrist appear at the hearing on the UM campus. The psychiatrist and Baker's mother both testify that Jake is not a threat to anyone on campus. The psychiatrist characterizes the writings as "thoughts", with no plan of action. The psychiatrist also states that Baker is not delusional. Baker's attorney states that Baker has no criminal record. February 10 --U.S. Magistrate Thomas Carolson orders Baker held without bail, in spite of the prosecutor's request that bond be set at $100,000. Magistrate Judge Carolson stated that the posts were "more than just a story" and quoted the messages to the unnamed Ontario man as stating "Just thinking about it any more doesn't do the trick. I need to do it." The magistrate further noted that the correspondence involved where and how to carry out such an assault. A court affidavit of an FBI agent states that the messages between Baker and the Canadian man "described Baker's desire to commit acts of abduction, bondage, torture, mutilation, sodomy rape and murder of young women. Baker's mother, a high school English teacher, said after the UM campus hearing that her son chose the name from 200 names in a class, and picked the one he did simply because the woman's last name "is a sexual pun." Baker's defense attorney announces that he will appeal the denial of bail. February 10 --A U.S. District Judge, having read the e-mail correspondence between Baker and the Canadian man, upheld the ruling of the Magistrate Judge to hold Baker for trial without bail. Saying "I wouldn't want my daughter to be on the streets of Ann Arbor or Ohio with him in the condition I believe he is in at this time", Judge Bernard Friedman said that he was convinced that the female subject of Baker's story, whose identity Judge Friedman ordered kept secret, could not be protected from Baker unless he was jailed. At the hearing, Baker's attorney presented findings of a psychiatrist and psychologist, both of whom had spoken with Baker, who stated that Baker is not dangerous or mentally ill. The attorney also pointed out that Baker had cooperated with authorities, giving them his e-mail password as they searched for evidence. *Sidenote:* Last April, another UM student used a classmate's logon to post statements from an Organization for the Execution of Minorities, which threatened blacks, and criticized Latinos, Jews and gays.