Long Road To Appeal for Matt Baker - kcentv.com - KCEN HD - Waco, Temple, and Killeen

Waco attorney Stan Schwieger is the new man representing Matt Baker. Schwieger has 18 years of experience as an appeals lawyer, and now he has a clear purpose.

"I don't really care what anybody thinks whether the punishment it just or not. My question only as his attorney at this point is to ensure he got a fair trial," Schwieger said.

So did Matt Baker get a fair trial? KCEN Legal Expert Abel Reyna says yes.

"I think he got a fair trial, but again we're just talking about the time that opening statements were made until the time that the verdict that came in on punishment," Reyna said.

But Reyna says some pieces of evidence that were allowed into trial are questionable, like clips from interviews Baker did with news magazines. Schwieger said he didn't really follow Baker's trial. So figuring out if it was fair or not will take time.

"It's impossible to say. Even if I had stayed up with the trial it's impossible to say without a full examination of all the records in the case," Schwieger said.

One of three things could happen if the appeal is successful. Baker's conviction could be reversed, he could get a new trial or a new sentencing.

"Just in my opinion what I've seen I'm not sure they would happen in this case," Reyna said.

And part of that has to do with the damaging testimony given by former mistress Vanessa Bulls.

"He said he kissed her on the forehead, and either I don't know which one he said either give Cassidy a hug for me or give Cassidy a kiss for me. Then he said he got the pillow and put it over her face," Bulls told jurors during the trial.

Testimony that will come into play during Baker's appeal.

"If the courts find that the jury could have believed even a portion of that, they can base their appellate decision based upon that solely," Schwieger said.

And what about the comments made by Baker's own defense attorney Guy Gray after the sentencing?

"I don't think he's a religious man. I think he's a hypocrite," Gray told reporters.

Gray said about six weeks before the trial Baker actually told him he was lying about his affair with Vanessa Bulls.

"My 9-year-old granddaughter jumped on me and said I should have been able to figure it out earlier, but by the time I was able to figure it out it was too late to get off the case," Gray said.

Gray admits he had a hard time defending Baker. So are those comments grounds for an appeal? Schwieger says no. Because proving Gray was ineffective is hard to do in the 30-day appeal timeline.

"You have to investigate, you have to be able to present facts toward that, and those have to be done within the 30 day time period to file a motion for new trial so it is nearly impossible."

But was Gray's performance in court adequate? He says he did an acceptable job of defending his client. And Reyna agrees.

"You can look back and say 'oh you should have done this' but at that time, sitting in that chair hearing what was going on at that instance, he has the ability to make a claim of trial strategy," Reyna said.

So on what grounds will Baker file his appeal? His own lawyer isn't sure just yet.

"It'll be a question of once we review the transcripts and other papers before we can make that decision," Schwieger said.

The court has 120 days to give Schwieger the transcripts and documents from the trial. He will then comb through the paperwork to see if he can find an error that was harmful to Baker's case.

Only about one in 20 of all Texas convictions are overturned. Schwieger said if Baker's appeal is denied the Federal Court of Criminal Appeals in Austin may be next.

Reporter: Ashley Goudeau / Photographer: Terrance Snell