Judge: No more electronic monitoring for fired Fairview Twp. cop
- Ex-Fairview Twp. officer Tyson Baker has been free on bail for 18 months awaiting trial.
A federal judge has ruled that fired Fairview Township cop Tyson Baker, charged in federal court with theft, no longer has to submit to electronic monitoring as part of his bail conditions.
On Wednesday, U.S. Middle District Senior Judge Sylvia Rambo issued an order granting defense attorney Jack McMahon's request, filed Monday.
The former officer's trial is set to begin Sept. 11.
Baker, 42, has worn an electronic monitoring ankle cuff for 18 months, according to McMahon.
The ankle cuff "limits the defendant even on his own property," the attorney wrote in his motion, which argued Baker has complied with all bail requirements for the 18 months he's been on supervised release.
Baker has just found a new job, as a business development manager with Green Trail Solutions, according to the motion.
"Electronic monitoring creates difficulties in this new job (and with) just simple tasks around the defendant's own property," McMahon wrote. "Electronic monitoring, with this new job opportunity, makes it very difficult to dictate a schedule to probation of when or where defendant has to be for work."
McMahon also wrote, "Electronic monitoring is not making anyone safer, it is simply making life more difficult for defendant in his new job."
Previously on lockdown: In April, Rambo agreed to ease Baker's bail conditions. He had been on "24-hour-a-day lockdown" at his home awaiting trial on his federal theft charges.
In response to another defense motion to modify bail conditions, Rambo returned Baker to home detention, meaning he is restricted to his house and yard but can leave for work, medical appointments, church, his children's school and extracurricular activities, attorney visits, court appearances and court-related obligations.
She had ordered him to be on 24-hour lockdown at his home after his proposed plea agreement fell apart when Baker declined to admit guilt to one of his offenses.
McMahon's March 30 motion argued the lockdown was a "punitive order" that happened immediately after Baker scuttled his plea agreement.
Sentencing scuttled: A March 1 filing by McMahon states that Baker initially pleaded guilty to two counts of his federal theft indictment because of his "simple desire to get it over with and move on" and not because he's guilty.
Baker had a plea agreement in place with federal prosecutors until Jan. 17, when Rambo — responding to a letter from Baker in which he failed to accept responsibility in one of the thefts — insisted in open court that he clearly admit guilt before she would sentence him. When he declined to do that on one of his two counts, she presided as Baker said he was withdrawing one of his two guilty pleas to theft.
He was expected to be sentenced at that Jan. 17 hearing. Instead, Rambo instructed the U.S. Attorney's Office to decide whether to take Baker to trial or simply agree to let him be sentenced on one felony count of theft of government property.
'Package deal': On Feb. 3, Baker's former attorney, Jay Abom, filed a motion asking that Baker be allowed to withdraw his remaining guilty plea, arguing the two-count plea agreement was "a package deal."
McMahon's March 1 brief in support of Abom's motion states that Baker wants to take his case to trial.
"Defendant's original plea agreement was motivated not so much as an admission of criminality but more motivated by the simple desire to get it over with and move on," McMahon wrote.
Rambo granted the defense request, meaning Baker will now face trial on the two theft counts as well as other original charges that would have been dismissed as part of a plea agreement. They include destruction, alteration or falsification of records in federal investigations and destruction or removal of property to prevent seizure.
He was charged after a fellow Fairview Township police officer became a confidential informant for the FBI and worked with the agency to investigate Baker.
According to Assistant U.S. Attorney William Behe, Baker talked with the informant in the spring and summer of 2015 about stealing money from drug traffickers driving through Fairview Township.
Behe has said Baker and the confidential informant stole and shared $2,000 cash that the informant skimmed during a drug raid at a township home in November 2015. The informant turned over his share to the FBI.
Then on Dec. 16, 2015, the FBI set up a sting in which an FBI agent posed as a drug trafficker driving through Fairview Township. The plan was for the informant/officer to pull over the agent and alert Baker, according to Behe.
$15K worth of bait: The undercover agent posing as a drug trafficker carried $15,000 cash and 400 inert OxyContin pills, Behe said.
A short time after Baker was called to act as backup, he was contacted by the FBI and told the "trafficker" was under federal investigation. Baker was instructed by the FBI not to search the vehicle, according to court records.
Despite that, Baker had the vehicle towed to a nearby garage where he searched it without a warrant and took $3,000 cash and a hidden camera he found inside, although Baker missed at least one other hidden camera, according to Behe.
Baker never submitted as evidence any of the cash or the camera that he removed, Behe has said.
Fairview Township Police placed Baker on paid administrative leave in December 2015. Township supervisors fired him Feb. 29, 2016.
— Reach Liz Evans Scolforo at firstname.lastname@example.org or on Twitter at @LizScolforoYD.