Susan Lynette Baker, 39, of Graysville, Tenn., was convicted of with felony first-degree murde in 2014 in the death of Clifford Carden, whose body was found floating in the Sequatchie River in 2011. She is appealing the conviction that resulted in a life sentence.The Graysville, Tenn., woman convicted of murder last year in the 2011 slaying of 55-year-old Clifford M. Carden Jr. will be in Sequatchie County Circuit Court on Monday on a motion for a new trial.
Susan Lynette Baker, 39, was convicted of felony first-degree murder and sentenced to life in prison after a March 2014 jury trial in Dunlap, Tenn. Her co-defendant in the case, Thomas Bryan Bettis, pleaded guilty in January to charges of facilitation to commit murder and facilitation to commit especially aggravated robbery and was sentenced to 25 years in prison.
Baker's attorney at trial and in the motion for a new trial, Dunlap attorney Sam Hudson, filed for the motion this month seeking a new trial in a hearing that will bring the presiding judge, Buddy Perry, out of retirement.
"The primary basis is the suppression of Ms. Baker's statement that was denied at the trial court level," Hudson said Thursday. "For various reasons brought out by our mental health expert during trial and at the suppression hearing, we're going to argue that it was an error not to suppress that statement."
A second major focus of the motion is the issue of Baker's intent to commit especially aggravated robbery either at or during the time of the slaying on Feb. 2, 2011, Hudson said.
"It's been our contention that the killing was a reckless killing and the way they conducted themselves afterwards was bad but it wasn't their intention to do that before the killing occurred," he said.
Assistant District Attorney Steve Strain, one of the prosecutors at trial, said Thursday his office would wait for Perry's ruling before deciding what to do next.
Perry already ruled during the trial on the issues raised in the motion.
"It's a necessary step in the appeals process," Strain said.
If Perry rules in favor of the motion, a new trial will be on tap.
"If the court denies it, we will file an appeal in the Tennessee Court of Criminal Appeals," Hudson said.
According to trial testimony, Baker fired the shot that killed Carden on a gravel road in Cartwright Gulf, then Bettis helped her dump his body under Pickett's Bridge off of East Valley Road. A man collecting cans discovered the body Feb. 3, 2011. Carden's burned car was found about 10 miles away.
Contact staff writer Ben Benton at bbenton@ timesfreepress.com or twitter.com/BenBenton or www. facebook.com/ben.benton1 or 423-757-6569.