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This decision Wednesday -- after the judge allowed a key piece of evidence to be introduced in the case.
The evidence is a twenty minute video - secretly videotaped by two females at a Fresno hotel room back in 2007.
The judge agreed to enter it as evidence because it shows the interaction between the girl and 84-year-old /*Harry Baker*/.
Baker is accused of committing a lewd act against the minor.
The defense argues the whole thing was a set up -- part of a plan to extort money from an old man, but prosecutors insist he shouldn't have touched the girl inappropriately.
Defense attorney Rick Berman said, "He's shaking his head throughout this. He's saying no.
Prosecutor Becky Gong said, "He motions for Jane Doe to sit closer to him, to sit by him and taps on the bed for Jane Doe to sit closer to him."
The preliminary hearing wrapped up Wednesday afternoon. Baker is scheduled to be arraigned next month.
