A re-sentencing for a 20 year old Loogootee man, who was convicted of first degree murder in Fayette County in 2011, has been resent for November 10th following a motion from the defense to continue the matter. The re-sentencing hearing for Clifford W. Baker was originally set for July 7th in Fayette County Court before issues arose with the availability of a mitigation witness for the defense and the hearing had to be re-scheduled for Monday, August 29th. On Wednesday, Fayette County State’s Attorney Joshua Morrison was informed the defense would be filing a motion to continue as they appear to have found an expert witness.
And with the issue having to come back for the unexpected re-sentencing due to the ruling by the Supreme Court, Morrison says he hopes to get the re-sentencing done as soon as possible to provide some sort of closure again for the victim’s families.
At the time Baker was found guilty nearly five years ago for first degree murder in the deaths of Michael Mahon and Debra Tish in their Loogootee home, was under the age of 18—but was sentenced as an adult to life in prison without the possibility of parole. However, a Supreme Court decision found it unconstitutional to have someone who, at the time, was under the age of 18 to not have the possibility of parole. So, Baker must now be re-sentenced although his convictions remain in place.