Harry Baker goes to trial, but it's not what you think

FRESNO, Calif. (KFSN) -- A trial has begun in the case of former Madera County supervisor Harry Baker, seven years after he allegedly molested a 13-year-old girl. It won't determine whether he's guilty of any crime, but age has become a big issue in the case.

At the age of 87, Harry Baker needs a wheelchair to move around. Headphones and a hearing aid help him listen, and at least a couple doctors say his mental health is slipping just as fast as the physical.

"There's a time frame about four years ago where there was a drastic change in his life as to his ability to reason, to think, and to cooperate and to follow directions and to take care of himself," said Allan Hedberg, PhD., a forensic psychologist Baker's attorneys hired to analyze him.

It was actually five years ago when Baker arrived to court in an ambulance to enter his not guilty plea to charges he committed lewd acts with a 13-year-old girl in 2007. The case has trudged along at a snail's pace ever since.

The latest delay comes in the form of a trial to determine whether Baker even understands what's happening in court enough to help in his own defense.

Two psychologists agree with his defense attorney, who says dementia has robbed Baker of his wits, especially when it comes to short term memory.

"(He) does not even appear to realize how severe his memory deficits are," said defense attorney Roger Nuttall.

But two other psychologists agree with prosecutors, who say Baker seems to have selective memory. For example, when asked for details of the criminal case against him, Baker told one psychologist he was set up by gypsies for blackmail band, and he only touched the girl's private parts because she asked him to check for lumps.

"Sure sounds like he has the capacity to present a rational defense," said prosecutor Becky Gong.

Baker's been out of custody for most of the time since he was charged with the crime. But about three months ago, a judge sent him to jail. Now, he could be headed to a mental hospital if the jury finds he is not mentally competent to stand trial. If he is, the case will move forward and he faces up to eight years in prison.