IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS
STATE OF ARKANSAS PLAINTIFF
VS. NO. CR-93450
CHARLES JASON BALDWIN DEFENDANT
ORDER
Now on this 10th day of February, 1994, comes on to be heard the Defendant, Charles Jason Baldwin, appearing in person and by and through his attorney, Paul N. Ford; the State of Arkansas appearing by and through its prosecuting attorney, Brent Davis, and the deputy prosecuting attorney for Crittenden County, Arkansas, John N. Fogleman; that based upon the written motions filed of record, the statements and argument of counsel, evidence presented before the Court, from all of which the Court finds:
1. That there shall be no reference at the trial of this matter to Luminol testing conducted by the Arkansas State Crime Lab at the crime scene, nor the results thereof.
2. That the Defendant has filed a Motion in Limine herein requesting that the Court prohibit the State of Arkansas, its counsel, and witnesses from making reference to the fact that the three victims may have been sodomized. That after consideration of all issues presented before the Court, as well as the testimony of the medical examiner during the trial of Jessie Lloyd Misskelley, Jr., the Court denies the Defendant’s Motion in Limine. The Court specifically finds that the testimony on the issue of sodomy is relevant and that its probative value is not substantially out weighed by the potential prejudice created by said testimony. That the Court makes this finding having had opportunity to review a tape recorded phone conversation between counsel for the Defendant and Dr. Frank Peretti.
3. That the Court hereby grants the Defendant’s Motion in Limine with respect to a knife that was found in the Marion Public School Systems, as well as the testing of said knife at the State Crime Lab, and the results of said testing. Therefore, the Court hereby instructs the State of Arkansas in limine, that its attorneys nor witnesses shall make no reference to the existence of a knife found at the Marion Public School Systems, that said knife was submitted for testing at the Arkansas State Crime Lab, and the results of said testing.
4. That the Court grants the Defendant’s Motion in Limine with respect to the Defendant’s juvenile record. That the State of Arkansas, its attorneys, and witnesses shall make no reference to the existence of any juvenile record for the Defendant. In the event the State of Arkansas desires to introduce any evidence that pertains to the Defendant’s juvenile record, that the State of Arkansas must advise the Court thereof, and an in camera hearing will be held to determine whether or not the information which the State of Arkansas intends to introduce at trial is permitted under the Juvenile Code.
5. That the Court hereby grants the Defendant’s Motion in Limine to prohibit emotional displays and out-bursts during the trial. The Court is well aware that there are sensitive and emotional issues which will be presented at this trial which could result in an emotional reaction on behalf of either the victim’s family or the Defendant’s family. That counsel for the Defendant and counsel for the State of Arkansas is to encourage the witnesses and parties involved to control their emotions and not create an emotional display in the courtroom. The Court will not tolerate mass exits during the trial as said mass exits distract the jury from considering the testimony which is being presented at trial. That in an event such an occurrence would occur, an immediate recess will be granted by the Court.
6. That the Court hereby grants the Defendant’s Motion in Limine with respect to the issue of cult involvement until said time as the Court is convinced in an in camera proceeding that there is competent evidence to establish that the Defendant was involved in an occult and/or occultic type activities and/or that this crime is indicative of a ritualistic occult killing. That until said evidence has been presented to the Court, the State of Arkansas, its counsel, and witnesses shall make no reference to the Defendant’s involvement in an occult and/or occultic type activities or the fact that this is an occult killing. That in the event the State of Arkansas desires to elicit said testimony at trial, an in camera proceeding shall be held in order to determine that the proper foundation can be laid by the State of Arkansas.
7. That the Court hereby grants the Defendant’s Motion in Limine with respect to the content of the search warrant. The State of Arkansas shall be precluded from introducing at trial any statements which were attached to the search warrant as same are hearsay and inadmissible.
8. That the Court hereby reserves its ruling on the Motion in Limine filed by the Defendant with respect to a knife which was found in the lake behind his residence. That before the State of Arkansas, its counsel, or its witnesses shall make reference to said knife, an in camera hearing must be held in order to determine that there is competent evidence to establish that this knife could, in fact, cause wounds which were consistent with the type of wounds found on the victims.
9. That the Court hereby grants the Defendant’s Motion in Limine to prohibit testimony about a test and/or experiment to determine whether or not an individual located at the scene where the bodies were found could hear someone hollering for them outside of the woods. That said test and/or experiment does not meet the scientific requirements to be admissible as evidence, and accordingly the Court grants the Defendant’s Motion in Limine.
10. That the Court hereby denies the Defendant’s Motion in Limine with respect to three (3) sticks which were introduced as evidence during the trial of Jessie Lloyd Misskelley, Jr. The Court finds that at least one (1) of the three (3) sticks was used to conceal the victims clothing in the mud, and thus, it is relevant evidence. That the two (2) other sticks constitute relevant evidence based upon the testimony of the medical examiner which indicates that these types of sticks could have caused the type of injuries sustained by the victims. That although there is no evidence to establish that these sticks were in fact used for that purpose, said evidence is admissible, and the lack of evidence to establish that they were in fact the weapons used affects the weight of the testimony not the admissibility thereof.
11. That the Court hereby grants the Defendant’s Motion in Limine with respect to witnesses wearing pins in a show of solidarity. That no witnesses in this trial, whether a state witness or a defense witness, shall be permitted to wear said pins while a witness during the trial.
IT IS THEREFORE HEREBY CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the findings of this Court as set forth hereinabove are hereby specifically ordered as is set forth herein word for word.
IT IS SO ORDERED.
David Burnett (signature)
DAVID BURNETTE
CIRCUIT JUDGE
Approved as to Form:
John N. Fogleman (signature)
John N. Fogleman,
Attorney for the State of Arkansas
Paul N. Ford (signature)
Paul N. Ford,
Attorney for Defendant,
Charles Jason Baldwin
