Jun 26, 2013 6:05 PM by Morgan Frances - MFrances@kristv.com
CORPUS CHRISTI - The man on trial for sexually assaulting a 5-year old family member took the stand today. Beau Baker doesn't deny he sexually assaulted his family member back in September; what he does deny is doing it knowingly.
The Defense Attorney, Keith Gould asked Baker, "What is the next thing you remember after going to bed at 11:30? Baker replied, "I remember waking up doing something disgusting."
The former Driscoll Children's Hospital Pharmacist told a nurse at the hospital about the sexual assault but now he claims he was sleepwalking and doesn't remember doing it.
"That morning, in the bathroom, she was in the restroom and I asked her what had happened," Baker testified, "and she told me that had I kissed her on the bottom and I asked her, 'Are you sure that's all that happened?' and she said, 'Yes.'"
Baker claims this isn't the first time he has acted out sexually while sleeping; he says the other times he's acted out it's been with his wife or girlfriend. Earlier today, Baker's brother testified he, too, has engaged in sexual acts while asleep but never knew Beau Baker did also. The victim testified Baker told her to lie still, that the incident was a secret and that Baker said not to tell anybody. He insisted he didn't remember saying anything of that sort, however, the prosecution wasn't buying it.
"I wanted to find Dr. Harper to get advice about what happened when I was asleep and see if that kind of thing has happened before that she's aware of," Baker testified. Prosecutor Kimberly Gonzales fired back, "To see if it made sense?" Baker said, "To see if she's had anything like that happen before." Gonzales pressed on, "Maybe feel her out to see if anybody would believe it?" Baker denied the accusation.
If convicted, Baker faces anywhere from 25 years to life in prison.