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Friday, Jan. 18, 2008

Prosecutor seeks to revoke bail for football player charged in assault

BELLEFONTE — Penn State defensive tackle Chris Baker is a “danger to himself and to the community” and should be jailed pending trial on charges he was involved in an apartment invasion in April and an alleged assault in October, according to the Centre County District Attorney’s Office.

Assistant District Attorney Steve Sloane filed a motion to revoke Baker’s bail Friday, two days after an aggravated assault charge against Baker was sent to county court for trial.

Baker, 20, of Windsor, Conn., is charged with beating and stomping on a man outside of a fraternity party at the HUB-Robeson Center on Oct. 7, an incident police say involved as many as 15 other Penn State football players.

At the time of the Oct. 7 incident, Baker was awaiting trial on charges stemming from an April 1 invasion and assault of an apartment at the Meridian II in State College. He is charged with burglary and criminal trespass, both felonies, and misdemeanor counts of simple assault, criminal mischief and disorderly conduct in that incident.

With two assault cases pending against Baker, Centre County District Attorney Michael Madeira said it is “our duty” to bring this to the attention of a judge. Baker was freed on $50,000 unsecured bail following his first arrest.

“The defendant’s continued unwillingness or inability to avoid violent criminal assaults with multiple assailants upon complete strangers while out on bail, demonstrates that, despite the court’s order to the contrary, the defendant has violated the conditions of his bail bond,” Sloane wrote in his motion.

But Baker’s attorney, Karen Muir, said her client is innocent in both cases and scoffed at the suggestion the player is a threat to anyone.

“I have not yet seen the motion and reviewed it, but if the district attorney is so concerned about the safety of the citizens of Centre County, why didn’t they file the motion on Oct. 7 when this allegedly happened?” Muir said.

The attorney said she is ready to pick a jury Feb. 4 and defend Baker on the charges stemming from the Meridian II invasion.

The District Attorney’s Office has additional decisions to make, including whether anyone else will face charges in the HUB assault.

Sloane is meeting with Penn State police about the investigation into the assault, and Madeira said decisions on additional arrests could be made as early as next week.

Despite witnesses telling police and testifying they saw as many as 15 members of the Penn State football team beat and stomp a man outside of Heritage Hall in the HUB, only Baker and linebacker Navorro Bowman stand accused. Baker and Bowman are charged with a felony count of aggravated assault and misdemeanor counts of simple assault, harassment and disorderly conduct.

In court documents filed against those two players, Penn State police named defensive lineman Phil Taylor as a “participant” in the assaults but he has not been charged. At the preliminary hearing for Baker and Bowman Dec. 5, commonwealth witnesses surprised prosecutors by identifying Taylor, who was sitting in the audience with several teammates.

Sloane said the problem he has is that the witnesses against Taylor are individuals who also could face charges and therefore could invoke their rights under the Fifth Amendment not to testify. Pete Bosak can be reached at 235-3928.

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