A Virginia man accused of sexually assaulting two children at St. Paul’s School in the 1970s is questioning whether information gleaned from the attorney general’s recent criminal probe of the institution could bolster his defense.
Benjamin Baker, 64, of Falls Church, Va., says county prosecutors failed to review before his January trial the documents and witness testimony provided to a grand jury as part of the attorney general’s 14-month-long investigation of the prep school. Baker alleges in a recent court motion that the Merrimack County Attorney’s Office and Concord police “withheld and ignored” the existence of those materials in violation of his due process rights.
The trial ultimately ended in a hung jury. However, the felony-level sexual assault charges against Baker are still pending in Merrimack County Superior Court in Concord.
In recent months, defense attorney Christine List tried unsuccessfully to get the charges against Baker dismissed. While her motion failed, a judge is now requiring prosecutors to review the unredacted reports, supporting documents and witness testimony in the grand jury file as soon as possible, and to disclose any evidence that could be favorable to Baker’s defense.
The Department of Justice launched its investigation of St. Paul’s in summer 2017. It focused primarily on how the institution response to sexual assault and misconduct claims over decades, including whether the school endangered the welfare of children or broke the law that prohibits the obstruction of criminal investigations. The grand jury heard from dozens of witnesses from as far away as California and reviewed thousands of pages of documents.
Ultimately, Attorney General Gordon MacDonald chose not to prosecute St. Paul’s or its employees. In lieu of criminal charges, a settlement agreement was reached in September 2018 that provides for a three- to five-year period of government oversight of St. Paul’s to ensure its compliance with the state’s mandatory reporting laws.
In recent court filings, Baker’s attorney said she was unaware of the extensive investigation by the attorney general’s office until midway through the January trial.
Conversely, List said Baker informed her that St. Paul’s had commissioned Boston-based Casner & Edwards law firm in 2016 to conduct an independent investigation into claims of faculty-student abuse, spanning decades. The firm published in May 2017 its first public report and, later, two addendums that detail claims from a total of 67 victims against 20 named faculty and staff.
While List located the Casner & Edwards reports online, she learned only later that a Concord police detective had reviewed an unredacted version, which she said prosecutors did not disclose the existence of pretrial.
Concord police began their investigation of Baker in June 2017, less than a month after the first Casner & Edwards report was published. St. Paul’s administrators contacted the department upon learning about the allegations of abuse against Baker, both during his time as a student and after he graduated in 1974.
Under New Hampshire law, minors who were sexually assaulted by an adult have until age 40 to pursue criminal charges and until age 30 to file a civil lawsuit. However, there are exceptions to the rule. In this case, the clock on the statute of limitations stopped running when Baker left the state.
Baker, a star wrestler during his time at St. Paul’s, stands accused of sexually assaulting two brothers who were entrusted in his care. The boys’ father worked at St. Paul’s for decades and lived on campus with his family.
Baker could stand trial as early as this fall on one count each of aggravated felonious sexual assault and felonious sexual assault for alleged conduct involving one of the brothers.
An additional four counts of felonious sexual assault involving a different brother are still pending against him after the mistrial in January. Prosecutors could retry Baker at a later date.
Baker is out of jail on bail conditions and residing in Virginia.