Murder Defendant’s Counsel Prepares For Trial Amidst LGBTQ Issues 

By D.C. Witness Staff - November 4, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A judge ruled on several motions as well as gender and sexuality conflicts before a jury trial that is set to begin this week. 

Sean M. Baker, 40, is charged with second-degree murder while armed for allegedly stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. 

During motions hearings on Oct. 28 and Nov. 4, DC Superior Court Judge Todd Edelman heard arguments from both the prosecution and defense on a motion to suppress statements and a motion to suppress tangible evidence by the defense. 

Baker’s defense counsel, John Fowler, told the court that the Metropolitan Police Department (MPD) inappropriately questioned Baker. 

Fowler said MPD officers interviewed Baker at her home and then detectives interviewed her at the police station, giving her the impression that she was a witness to the crime. He said the police did not read Baker her miranda rights before they began the questioning. 

Fowler also said Baker was interrogated by five to six members of MPD for several hours until they decided she was a suspect and formally placed her under arrest.

He said Baker was in an emotionally volatile state after the death of her partner and felt she could not leave the station even though she was not formally under arrest nor in police custody for the first two to three hours.

According to Fowler, detectives kept saying they were helping Baker, however they were coercive and did not let Baker know that she could leave. 

Fowler said Baker asked several times to go to the hospital to see her partner and was ignored by MPD. She also asked to go outside and smoke a cigarette, but MPD would not let her. 

Finally, in an attempt to get the attention of the police, Baker pulled the fire alarm in the interrogation room and asked to leave once police came into the room. 

“Bullshit is bullshit, don’t worry about what you told us before you’re either a cold blooded killer or a victim,” said an MPD officer according to Fowler.

Fowler said he filed the motion to suppress tangible evidence because the police only obtained a search warrant to look at Baker’s cell phone for communication between her and Wiggins.

Fowler said the search warrant did not give the prosecution authority to look at Baker’s internet searches and locational services.

The prosecution said web searches and locational data provided information on the relationship between the victim and Baker. Adding that there were threatening text messages between Baker and the victim. 

Judge Edelman denied the motion to suppress the statements. 

He said that Baker voluntarily went to the police station with MPD officers and was allowed to keep her phone and purse. Judge Edelman said Baker was not restrained, the officers never raised their voices, and she was allowed to sit in a padded desk chair as opposed to metal chairs in the interrogation room. 

“The manner in which the meeting was conducted would not have conveyed to a reasonable person they are under arrest,” he said.

Judge Edelman said he would make a decision on the motion to suppress tangible evidence before jury selection on Nov. 5. 

During jury selection, fowler also requested that Judge Edelman ask multiple questions to the jurors about their opinions on transgender people in order to maintain a fair trial.

However, the prosecutor raised concerns about asking potential jurors too many questions about possible transgender bias.

Judge Edelman told counsel that he would like to focus jury questions on gender identity as opposed to sexual orientation.

Judge Edelman also said he would allow the defense to brief the prosecution and jurors on the correct pronouns to refer to Baker before trial. 

A jury trial is set to begin on Nov. 5.