A Deerfield man charged with first-degree murder will re-enact the crime for jurors at his upcoming trial, the News-Sun is reporting.
Daniel Baker, 24, confessed to the April 1, 2010, bludgeoning murder of Marina Aksman of Vernon HIlls during a recorded interview with Lake County detectives in Montana a few days after the murder.
Baker's attorneys Ed Genson and Blaire Dalton unsuccessfully sought to suppress the statements. Baker also acted out swinging the baseball bat at Aksman's jaw area and knee on the recorded interview.
Jurors can view the video confession and the murder re-enactment if prosecutors play it at trial, Lake County Circuit Court Chief Judge Fred Foreman's ruled Monday.
Baker was of an "unsound mind" during the questioning, making such statements as being suicidal, that his mind was "breaking down" and that he felt "possessed," according to the motion and recorded confession.
"The court has no means of gauging these self-serving claims of his mental faculties," Foreman said in his ruling.
The judge did make a finding regarding the defense's allegation that Baker invoked his Miranda right to have an attorney present during the interview.
Baker stated that he would "feel more comfortable having my lawyer present" so he wouldn't "get in trouble (for) saying the wrong thing," according to the recorded interview.
The tape clearly shows the detective administering Miranda rights both before Baker said this and again after Baker made the comment, Foreman said. Baker also clearly articulated a willingness to speak with detectives.
"This remark came right after the defendant acknowledged each Miranda right ... under such circumstances, no reasonable police officer could have been certain what the defendant meant. Only after the defendant actually gave permission did the questioning continue," Foreman said.
Defense attorneys allege Baker was in a "deranged mental state" during the interview. Foreman addressed that allegation at Monday's hearing, stating Baker has been found mentally fit to stand trial.
"There has been no credible testimony regarding his (mental) state at (the questioning)," Foreman said.
Genson has said he intends to use the insanity defense. Insanity prevents a person from knowing right from wrong at the time of the offense.
Mental fitness is a separate issue relating to a defendant's ability to understand the charges against him or her and to work with his or her attorney.
Baker is in custody at Lake County Jail. He is due back in court June 29 before Judge Daniel Shanes, who is taking over the case because Foreman is now the circuit's chief judge.
