Baker has recently undergone throat surgery and Berman says for the most part, he is now unable to speak. In court Tuesday, Baker nodded his head to answer to the charges. Baker's breathing machine seemed to drown out the judge at some points and the power was turned off several times in order for him to hear the judge. Berman said the equipment made getting baker to court difficult. "We had to get an ambulance with AC currents so we can plug the breathing machine in. But we did it," said Berman.
Baker will be able to skip some routine court proceedings after signing a waiver Tuesday allowing Berman to appear on his behalf. His next court appearance is scheduled for January 6, 2010.