Crime - Sacto 911

Rape trial of ex-Sacramento cop continues with DNA evidence

Gary Baker, left, stands with his attorney, Linda Parisi, during an arraignment for the fired Sacramento police officer in the Sacramento County courthouse in  in December 2012.
Gary Baker, left, stands with his attorney, Linda Parisi, during an arraignment for the fired Sacramento police officer in the Sacramento County courthouse in in December 2012. Sacramento Bee file

Former Sacramento police officer Gary Baker’s DNA matched that found on his alleged victim’s clothing and in her apartment, crime lab analysts testified Tuesday, but analysts said other lab tests also found evidence that could possibly be from three to four other men.

Angelynn Shaw, a DNA analyst in Sacramento County’s crime lab, testified Tuesday in Sacramento Superior Court that she tested DNA samples extracted from nylon stockings worn in 2010 by the woman identified in court as “Jane Doe,” as well as samples from the woman’s former husband and from Baker. The former husband was quickly eliminated, Shaw said, but Baker’s DNA matched the nylon sample.

Shaw said she tested DNA typing for the ‘Y’ or male chromosome and found “at least three contributors,” but that the result “could be an artifact,” or false reading, Shaw said. Shaw’s testimony was part of a nearly two-day examination of DNA evidence by crime lab experts.

Baker is accused of rape for alleged sexual attacks against the elderly south Sacramento woman in 2010 and 2012. The woman has suffered from aphasia – a condition that leaves a person largely unable to speak or comprehend spoken or written words – since a 2009 stroke.

After initially denying it, Baker has since maintained that he had a casual, consensual relationship with the then 75-year-old woman. Prosecutors and family who testified earlier say the woman described her attacks and alleged attacker despite her aphasia, relying on broken words, gestures, photos and words scrawled on paper. She lived alone in an apartment without supervision at a south Sacramento seniors complex.

Baker faces 10 counts including allegations of rape, forcible oral copulation, assault with intent to commit rape and burglary at trial before Judge Eugene Sawtelle. Baker, a 22-year veteran officer, was dismissed from the Sacramento Police Department and arrested in December 2012 after an internal investigation linked him to three off-duty incidents in November 2010, and in 2012.

Tuesday’s testimony focused on three groups of witnesses: the criminalists who analyzed DNA from the 2010 and 2012 incidents, the investigators who spoke with Doe’s family and tried to communicate with her; and the detective whose December 2012 interview of Baker led to his arrest.

On Monday, Shaw colleague criminalist Megan Wood testified that she had worked on the 2010 and 2012 cases, testing for enzymes found in bodily fluids. Wood said one battery of tests found Baker’s DNA profile to be consistent with the stockings’ DNA profile and was “included rather than excluded” from several other samples. Other samples matched those swabbed from a mattress..

Baker counsel Linda Parisi suggested the DNA evidence showed Doe remained sexually active.

On the witness stand Tuesday, Sacramento police investigators called to Doe’s Florin Road-area apartment in 2010 and 2012 recalled how Doe communicated to them in repetitive words and phrases and their difficulty understanding her.

“It was a challenge communicating with her. There were definitely difficulties,” said Sacramento Police Detective Andrew Newby, who interviewed Doe in October 2012.

Darrell Smith: 916-321-1040, @dvaughnsmith

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