Traverse City Record-Eagle

Benzie County

November 3, 2009

Arbitrator upholds officer's firing

He was dismissed after allegation of sexual assault

BY ART BUKOWSKI

BEULAH -- An arbitrator upheld the firing of a Benzie County corrections officer accused -- but not convicted -- of sexually assaulting a teen girl.

Craig Baker, 38, tried to get his job back with the Benzie Sheriff's Department after a judge in September 2008 dismissed a single count of fourth-degree criminal sexual conduct. Baker, who worked for the department since 1997, was fired in April 2008, shortly after the allegations surfaced.

The sheriff's department asked Michigan State Police for an investigation after hearing Baker allegedly molested a girl, then 14, at his residence during winter 2005.

He was arrested and charged, but Benzie Circuit Judge James Batzer eventually dismissed the case because the alleged victim said she lied about the incident, court filings show.

Arbitrator Mario Chiesa said in his ruling that testimony collected for arbitration proceedings suggests Baker likely did improperly touch the girl, regardless of what she told police.

"The evidence presented at this hearing convinces me that the grievant did, indeed, have inappropriate sexual contact ... the court's dismissal of the charges does not influence or change this conclusion," Chiesa wrote.

Benzie Sheriff Rory Heckman is happy with the arbitrator's decision. He refused to reinstate Baker after Batzer's decision, citing his belief that something inappropriate occurred.

"I think it's important for our community to know that the sheriff's office is doing the right things, and that we're not tolerating any type of inappropriate ... conduct," he said.

Baker declined comment, and his attorney didn't immediately return a call for comment. Baker's union representative couldn't be reached for comment.

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