Monthly Archives: August 2011

Shan Ortiz Case

August 28, 2011 Leave a comment

Case: Shan Ortiz

State: Florida

County: Pinellas

Case Number: CRC1115758CFANO

Charge: Sexual Intercourse While Having HIV

Charges Dropped Due to Legal Precedent, Not Baker’s Organizations

This case, just like the Lenny Love Case, is another perfect example proving that Baker is lying about being beneficial or even being involved whatsoever.  The charge in this case was “Sexual Intercourse While Having HIV.”  A previously appealed case highlighting the legal definition of “sexual intercourse” in Florida is the reason HIV Charges were dismissed in the Case of Shan Ortiz.

An appellate court in Florida has ruled that the state’s HIV disclosure law can only be used to charge heterosexuals.  The judges found that because the law referenced ‘sexual intercourse’ that it could only be applied to heterosexual activity since intercourse is only defined as “the penetration of the female sex organ by the male sex organ.”

Impact On Shan Ortiz Case

The ruling has already had an impact on a case in Treasure Island, where the Pinellas-Pasco State Attorneys office threw out a case against a gay man (Shan Ortiz) charged with failing to disclose his HIV-positive status to his partner of four years.
But his former lover says that doesn’t change the fact that the man had failed to disclose his HIV status, reports 13 News.
“I found out after we broke apart that he was, in fact, HIV positive for 20 years,” the alleged victim said. “It’s harmful to somebody’s health and you’re putting other people’s life at risk. And you can’t play God.”

This case was dismissed by legal precedent and proves that Baker was not involved nor was any of his dubious organizations.  If Baker wants to continue this charade, he needs to put up some proof of exactly how his organizations have been involved and exactly what they accomplished.  For some reason Baker refuses to do so.

Lenny Love Case

August 25, 2011 Leave a comment

Case:  Lenny Love                                                                                                                                      Case Number:  C/11/CRA/19831                                                                                                          Common Pleas Case Number:   B 1104307                                                                                                 State:  Ohio                                                                                                                                                 County:  Hamilton

Science And Evidence Prove Clark Baker Lying Again

This is the perfect case to prove that Clark Baker is not only lying when he claims that his OMSJ and/or HIV Innocence Group were involved in this case, but it also proves that the very science that Baker claims he uses to get HIV Criminal charges dismissed, actually worked against him in this case.  See also the cases of Jose Alex Perez and Daniel Hay Lewis.

Source:

  •  A physical examination of Love revealed that he is not HIV positive.
  •  Hamilton County Prosecutor Joe Deters said the baby was examined at Children’s Hospital for possible injuries consistent with Love’s statements, but the baby did not exhibit any injuries.
  • Deters said his office also asked the court to order a mental evaluation of Love, and nothing in the court clinic evaluation supported Love’s claims that he had abused the baby.
  • Deters said that since there was now no basis for the charges, the Hamilton County grand jury ignored them on Friday.
  • The Department of Jobs and Family Services and appropriate mental health authorities have been notified about Love’s statements and condition, Deters said.
  • “I am relieved that the baby is fine and that this incident was the fabrication of a mentally unstable person. We always take these allegations seriously and must be absolutely positive that the incident did not occur,” Deters said in a news release.

 Deranged Man

The charges were dropped because a mentally deranged man lied  not only about raping his own 6 month old child, but also because HIV Tests proved he was NOT HIV+ (just like Jose Alex Perez and Daniel Hay Lewis.)  However, these facts did not stop another mentally deranged man from posting the lie that his “organization” was involved and helped to get the charges dropped by proving that HIV Tests are fraudulent.  I have saved a download of Baker’s HIV Innocence Group webpage as of August 25, 2011 just in case he tries to delete this case from the webpage.

Jerome Walker Case

August 18, 2011 Leave a comment

Case: Jerome Walker                                                                                                                             State: Ohio County: Montgomery
Municipal Case Number:  2011-CRA-005516                                                                                     Criminal Case Number: 11CR1906
Charge: 4 Counts Felonious Assault

The more I delve into the research of these cases, the more clear I become as to how Baker can make such specious claims.  For instance, in the case of Jerome Walker, a 33 year old man who is definitely HIV+ per HIV test results (the ones Clark Baker claims are fraudulent) gave HIV to a 15 year old boy.  Again, this is proven per HIV test results (the very same tests Clark Baker claims are fraudulent.)

Clark Baker claims that HIV Charges were dismissed in August 2011.  This is not true.  A grand jury indicted Mr. Walker on 4 counts of felonious assault which is the Felony Charge in the state of Ohio.  If you were only to research theMunicipal charge, it would appear as if the Grand Jury dismissed the charges on June 27th, (but only if you were trying to fool others.)

Charge Charge Description Amended To Amended Description Finding
2903.11B1.F2 FELONIOUS ASSAULT Dismissed
06/24/2011
9:52AM
 * Also, WITHOUT PREJUDICE ON 6-23-11 INDICTMENT RETURNED BY THE GRAND JURY
06/24/2011
9:52AM
 End of New Disposition Entry by ACJ
06/24/2011
9:52AM
 New Disposition (Ref No 4) for Count 1 of 2903.11B1.F2 entered, as follows:
06/24/2011
9:52AM
 * Indigent Application Fee Amount to be Transferred to Common Pleas Court
06/24/2011
9:52AM
 End of New Disposition Entry by ACJ
06/27/2011
10:40AM
 R – Termination Entry Dismissed Direct Indictment returned by Grand Jury 6-24-11.pdf (imaged)
However, if you are so sure the Mr. Baker is not being completely honest (and commit an entire blog and hours of your time), you might research his claims a bit further.  I called the Montgomery County Clerk in Ohio at 937-225-4536 and was given the Felony Indictment Case Number of 11CR1906.  And this websitewhich lead me to find that Mr. Walker was CONVICTED of 2 of the 4 Felonious Assault Charges and sentenced to spend 2 Years in Confinement!
This does not exactly jibe with the information found at Mr. Baker’s site which states that “All HIV Charges Dismissed Aug. 2011”.  I could further point out that Mr. Baker even got the month wrong.  It was actually July 28, 2011 when Mr. Jerome Walker was CONVICTED of 2 counts of Felonious Assault with 2 Years of Confinement.  Mr. Baker was only 3 days off, perhaps I should give him the benefit of the doubt since I nailed him on his other egregious lies?!  NAH!

Cordlin Comer Case

August 4, 2011 Leave a comment

Case: Cordlin Comer 
Case Number: 2010-FY-0002103 Grand Rapids , Michigan 
Charge: 2 Counts Aids-Sexual Penetration w/ Uninformed Partner

 The Words Get In The Way (Of The Truth) 
This case is interesting for many reasons.  First it is the only case of the 25 listed at Baker’s HIP/HIG site in which Baker even attempts to provide a morsel of proof that his organization has actually been beneficial to the outcome of a case, much less provided any help at all.   Anyone who has ever read any of Clark Baker’s many blogs (from Ex Liberal In Hollywood, to OMSJ, to CWBPI) or any of his so called “investigative reports” knows that he is extremely pedantic to say the least.  He may be prolific with words, but he is not quite as forthcoming with actual facts.  The cases Baker claim to have been involved with however, is quite a different story.  Not once, until now, has Baker uttered one word or supplied one iota of proof as to how his organization has been involved in any of these cases.

“Sample Affidavit”
For this case, Baker provides a letter from Mr. Comer’s Defense Attorney, Mr. Kerchoff, that alludes to some mysterious “Sample Affidavit” that was “instrumental” in getting this case resolved.  The fact that Baker does not provide the actual “Sample Affidavit” gives me pause.  Hopefully it will be a part of the Court Documents when I get them.  However, from the sound of Mr. Kerchoff’s letter, it would appear as if this “Sample Affidavit” strengthened his case considerably.  Unfortunately, the facts do not bear this out.

Plea Deal Rejected…No, Wait, Accepted
In January, the County Prosecutor offered a plea deal to decrease the charge from two counts to one.  The defense attorney rejected the plea. 
“AssistantKentCountyProsecutor Kevin Bramble said his office was willing to charge Comer with one charge of a person with AIDS having sex with an uninformed party that would have included both victims.  (snip)  Comer’s attorney Jeffrey Kirchhoff said his client was rejecting the offer because they are still awaiting medical records in the case.” 
Three months later, in April, Defendant Comer accepted the exact same deal offered in January.  Not only that, he pleaded guilty.
“Monday – the same day he was slated to go to trial – Comer accepted a plea offer and pleaded guilty to one count.”
It appears that the Medical Records the attorney was waiting for, along with Baker’s mysterious “Sample Affidavit” did not do one bit of good!  The County Prosecutor did not offer a better plea deal than what was offered months before.  And the Prosecutor got a conviction.  If Attorney Kerchoff was hoping the Medical Records could be manipulated as Clark Baker claims is one of his main tools in these cases, that would appear to be a big dud here as in the cases of Jose Alex Perez and Daniel Hay Lewis I have previously discussed at this site.
Interesting Twist
If Attorney Kirchoff was truly happy about the outcome, it would have to be that his client did not receive more jail time.  I doubt he could count a victory in which his client accepted the exact plea deal offered months before and a client that pleaded guilty.  However, the judge may have gone easy on the jail time since the victim married the defendant and bore him a child!
– A man who pleaded guilty to having sex with a woman and not telling her he has AIDS is now the victim’s husband and the father of her child.      
– In the courtroom was his wife there to support him. She also happened to be the victim he pleaded guilty to potentially exposing to HIV. 
– Neither the bride-victim, nor the groom-defendant wanted to make a statement.  
-Judge George Buth revealed that Comer had married the victim and the two of them had a child together.

Conclusion

How can Clark Baker credibly claim to have aided in the “resolution” of this case when the defendant pleaded guilty to the original plea deal offered even after all evidence was accounted for?  None of Baker’s “winning strategies” that he boasts about at his HIP/HIG site helped to generate a better outcome for this defendant than the County Prosecutor had offered in the beginning of this case.  Quite simply, Baker has once again claimed victory for a case he was not active in and for which he offered nothing productive, especially regarding his AIDS Denialist “Strategies”.