Wesley Baker - Trial and Appeals

Trial and Appeals

Baker was convicted by a jury in the Circuit Court for Harford County on October 26, 1992, of first-degree murder, robbery with a deadly weapon, and use of a handgun in the commission of a felony. Four days later he was sentenced to death by the same jury as well as forty years in total for the other two charges. The conviction and sentence were upheld by the Maryland Court of Appeals. Lawrence was convicted of the same charges a year earlier and received life in prison plus 33 years.

There have been doubts raised that Baker was the shooter. The 6-year-old girl said that the shooter ran to the driver side of the car, while a member of the public said that Baker was sitting in the passenger seat. Tyson's blood was found on Baker, but police never tested the clothing of Lawrence. Fingerprints from Baker's right hand were found on Tyson's car, but Baker is right-handed, which lead the United States Court of Appeals for the Fourth Circuit to note in 2000:

"…one must wonder how it was possible for to hold the gun to Tyson's head and leave his fingerprints on the, especially in light of the fact that the incident took only a matter of moments."

The court also wrote that the evidence that Baker was the shooter "was not overwhelming." The court did decide to uphold Baker's conviction, however.

Baker received a stay of execution in 2002, days before he was scheduled to die, when Governor Parris N. Glendening imposed a moratorium on the death penalty in the state to allow a study by Professor Raymond Paternoster of the University of Maryland, College Park to be completed. Paternoster later found that the imposition of the death penalty in Maryland is racially biased. Paternoster found that prosecutors are 2.5 times more likely to seek the death penalty in cases where African Americans are accused of murdering Whites than in cases where Whites are accused of murdering Whites. It is 3.5 times more likely compared to cases where African Americans are accused of murdering other African Americans. There were also geographical issues, with some counties 13 times more likely to seek the death penalty.

Gary Christopher, who is Baker's lead attorney tried to use the study to get Baker's sentence overturned. The court denied the appeal on a procedural matter, but did cite a Supreme Court of the United States ruling that held that statistical analyses were not sufficient to show that individual cases were unfairly prosecuted.

On November 28, 2005, William Henry Keeler, Cardinal Archbishop of Baltimore, visited Baker in prison. It was the first time the Cardinal had visited a death row inmate. After meeting with him, Keeler made a personal plea for the governor to grant clemency and commute the sentence to life imprisonment without parole. Governor Robert L. Ehrlich Jr. lifted the moratorium when he was elected in 2003. Just prior to the execution, Ehrlich released a statement in which he said he had decided to deny clemency.