A Virginia man whose first sexual assault trial ended with a hung jury last month could be back in Concord as early as this fall to stand trial on different charges in a related case.
Benjamin Baker, 64, of Falls Church, Va., is accused of sexually assaulting two sons of a faculty member at St. Paul’s School in the 1970s. The first case ended in a mistrial in mid-January after jurors were unable to reach unanimous verdicts on four counts of felonious sexual assault, involving one of the boys. Baker has yet to stand trial on additional counts of felonious sexual assault and aggravated felonious sexual assault for alleged conduct involving the other brother.
During a hearing in Merrimack County Superior Court in Concord last week, attorneys scheduled jury selection in that second case for Sept. 22. The trial will move forward in Concord later this year if Baker chooses not to enter into a plea agreement by Sept. 1 with county prosecutors to resolve the two felony charges.
Additionally, the four sexual assault charges at issue in the first trial are still pending against Baker, court records showed Friday. The Merrimack County Attorney’s Office has the option to retry that case at a later date, to dismiss the charges altogether or to consider them as part of a broader plea offer with Baker should negotiations take place over the next several months.
Deputy County Attorney George Waldron, who is prosecuting Baker, could not be reached for comment Friday about the office’s plans moving forward.
The Concord Police Department began its investigation of Baker in June 2017 when St. Paul’s administrators first learned of the abuse allegations and reported them. As part of that investigation, Concord police detectives traveled to Virginia in August 2018 to interview Baker at his home.
Police allege the abuse of the brothers occurred both while Baker was a student at the prep school and after he graduated in 1974.
The boys’ father, who worked at St. Paul’s for decades and lived on campus with his family, told jurors during the January trial that Baker had a close relationship with his family. Baker would babysit his children and attend cookouts and birthday celebrations at their house. The father said he also attended Baker’s home wrestling meets on the Concord prep school’s campus.
The victim, now in his 50s, gave emotional testimony about two occasions when he said Baker assaulted him. The first time was when Baker was visiting his family on a break from college and the boy was in eighth grade.
He described another incident the following year when Baker was visiting campus again and the victim was in his first year at St. Paul’s as a student. He testified that Baker came into his dorm room and began assaulting him.
During the day-long trial, Baker also took the stand in his own defense.
Baker is out of jail on bail conditions.