Man at center of controversial Bevin pardon hints at wrongful conviction lawsuit

LEXINGTON, Ky. (WDRB) – A man at the center of a controversial pardon spoke publicly for the first time about his conviction and release, insinuating that he would file a lawsuit against police investigators.

Patrick Baker was convicted of killing a man during a home invasion in Knox County in 2014. He was one of hundreds of people former Gov. Matt Bevin pardoned in his final days in office earlier this month. The pardon drew criticism nationally because Baker’s family contributed more than $20,000 at a political fundraiser for Bevin last year.

“Disbelief, I think,” Baker said of first learning of the pardon. "Still kind of disbelief I think. Kind of like a dream playing out I guess. Hopefully this will kind of die down and I can go about my life.”

During a press conference on Tuesday, Baker and his attorneys answered questions about the pardon and his subsequent release.

“Patrick is here today because DNA evidence clears him from committing murder, because eyewitness descriptions have never matched him,” said Chicago-based civil rights attorney Elliot Slosar. “What we think Mr. Bevin did here is justice at its best."

Slosar claimed that investigators failed to properly test DNA found on handcuffs left at the scene of the crime. One of Baker’s co-defendant’s in the case, Christopher Wagner, told police during the investigation that he and Baker were responsible.

“I am innocent,” Baker said Tuesday. “It's been a long journey. It's been rough.”

Slosar also attacked the credibility of the troopers who investigated Baker, saying they have been named in two federal wrongful conviction lawsuits and have “made startling admissions” of misconduct in unrelated cases, including giving false grand jury testimony and falsifying search warrant affidavits.

In the Baker case, Det. Bryan Johnson and Det. Jason York were told that the shooter had brown eyes and a tattoo on his bicep, according to Slosar.

“Mr. Baker has neither,” Slosar said. “These officers further developed evidence implicating an alternate suspect who matched the details provided by the eyewitnesses. The alternate suspect was never charged.”

Both Johnson and York remain troopers with Kentucky State Police.

“The Baker case was reviewed by our agency all the way through our command staff to the Commissioner level. Based upon that review, the results of which were sent to the previous governor’s office, we feel that this was a thorough investigation,” said KSP spokesperson Sgt. Josh Lawson.

Allegations of previous misconduct by detectives Johnson and York were brought up during Baker’s 2017 trial. Baker’s then-attorneys asked the judge to force prosecutors to turn over evidence of misconduct by the detectives in other cases, according to court records.

The defense attorneys claimed Knox County Commonwealth’s Attorney Jackie Steele, whose office prosecuted Baker, was “fully aware of the allegations of improprieties" of the detectives and had failed to turn the information over, as required.

“I think that it could have been used better,” Slosar said of the information that Baker’s original defense attorneys had. “I do think there was some destruction of evidence that the judge found to be in bad faith by Kentucky State Police officers.”

Baker’s attorneys indicated that Kentucky State Police leadership was aware of issues with York and Johnson. He said that extended to Justice Cabinet officials who investigating the possibility of a pardon.

Slosar and Baker were adamant that the political donation had nothing to do with Baker’s pardon, claiming they've been “victimized” since the pardon first became public.

“The family voted for Bevin originally, they've supported him throughout his election efforts,” Slosar said. “There is absolutely nothing inappropriate about the Baker family supporting Mr. Bevin's reelection efforts.”

Sen. Morgan McGarvey of Louisville and Rep. Chris Harris of Forest Hills in Pike County called on new Attorney General Daniel Cameron to appoint a bipartisan team of special prosecutors to investigate whether the political donations influenced Bevin’s decision.

“The two who are accused of being accomplices are sitting in prison for 50 years right now,” McGarvey said last week. “The person who pulled the trigger and killed another human being is free. That person's family raised $21,000 that went directly into the governor's pockets, and when he issued this pardon on his last day in office, he didn't notify the victims, the other defendants or the attorneys involved.”

Slosar did not commit to but hinted that they will file a wrongful conviction lawsuit on behalf of Baker in the near future.

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