Traverse City Record-Eagle

Region

September 29, 2008

Judge dismisses charge against sergeant

BEULAH -- A fired Benzie County corrections sergeant might try to get his job back after a judge dismissed a criminal sex charge against him.

Benzie Circuit Judge James Batzer on Friday dismissed a single count of fourth-degree criminal sexual conduct against Craig Baker. Baker was suspended in April and later fired after allegations surfaced that he sexually assaulted a teen girl.

But the alleged victim said she lied about the incident in a signed affidavit, court filings show. Batzer granted a motion, made by defense attorney Brett Naumcheff, to dismiss the case based on lack of evidence.

The Benzie sheriff's department asked Michigan State Police for an investigation after hearing Baker allegedly assaulted the girl, then 14, at his residence during the winter of 2005. State police arrested Baker in April, and he was immediately suspended. A week later he was fired.

Baker was fired based on statements he made to state police and sheriff's administrators, Undersheriff Rory Heckman said.

Baker, 37, worked for the department since 1997. He couldn't be reached for comment, and Naumcheff didn't return calls for comment.

The department will defend its firing of Baker if he files a grievance seeking re-employment, despite Batzer's decision, Heckman said.

"We're convinced something still occurred," he said.

The sheriff's department expects Baker will try to get his job back, Heckman said.

Police Officers Association of Michigan representative Pat Spidell had yet to speak with Baker and wasn't sure if the union will work to get the job back, he said.

"We've got to review the court case and some other issues in our office before we make a determination," he said.

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