File Date: 01/21/2010
Judge: HALE R STANCIL
This is another Florida Case that was dismissed due to Legal Precedent set by a previous case. Clark Baker and OMSJ had no bearing on the outcome of this case whatsoever. Of course this does not stop Clark Baker from making overt, obvious lies about this case. Also, the court records show that the attorney of record was very afraid of the science of HIV coming into play. On several occassions Attorney Coleman tried to suppress the medical records and or blood records, but each time it was denied.
On 4-11-2011 Defense Attorney filed a motion to suppress the medical records and or blood records. This motion was denied on 4-15-2011. But I have to ask, if Baker and OMSJ is all about proving HIV tests are fraudulent and flawed, why so gung ho to suppress this information? They tried several more times and every time the motion was denied. It seems if Baker really has a leg to stand on here, he would be doing everything in his power to get this information introduced, not suppress it.
Attorney Coleman Discusses Legal Strategy/Admits “Technical Win”
In this article, the attorney for Chiacchia discusses the legal precedent set in previous case and how he used that case to get these charges dismissed.
The motion to dismiss, made by Chiacchia’s attorney, Baron Coleman of Alabama, was largely based on the definition of sexual intercourse. The statute under which Chiacchia, 47, was charged, uses the term sexual intercourse as a basis for the charge. In Florida, sexual intercourse is defined as a union of male and female sexual organs. Since the incident for which Chiacchia was arrested involved two men, Stancil ruled it did not qualify as sexual intercourse. A similar case, which was recently dismissed by the Florida Second District Court of Appeals in Lakeland, was used in arguments for dismissal in Chiacchia’s case. In that case, which involved two women, the court of appeals found the definition of sexual intercourse was narrowly defined as sex between a man and a woman. The June 10 decision overturned a lower court’s denial of a motion to dismiss.
This is just one more case that Baker is trying desperately to use to further his credibility. But like every other case I have listed at this site, it further proves his desperation not his credibility.