Daily Staff Reporter

The federal government plans to appeal a U.S. District Court judge's decision to dismiss the case against former University student Jake Baker.

Assistant U.S. Attorney Christopher P. Yates, who is handling the case for the government, is expected to submit a brief Tuesday, Baker's attorney Douglas Mullkoff said yesterday. The U.S. 6th Circuit Court of Appeals in Cincinnati will probably decide by spring if the case will go to trial.

Yates was out of town yesterday and could not be reached for comment.

Baker, 21, was suspended from the University in February after posting stories to an area of the Internet intended for sexual fantasies. One of the messages graphically depicted the abduction and rape of a female University student, whom he named. After being suspended, Baker was arrested and spent 29 days in jail.

The government indicted him on five counts related to the transmitting of threats on the Internet.

In June, Federal Judge Avern Cohn dismissed the charges against Baker, saying there was not enough evidence for trial.

The appeals court consists of a panel of three judges. The prosecution and defense will both have the opportunity to argue their case before these judges. If the court rules in favor of the prosecution, the case would shift back to the U.S. District Court in Detroit for a jury trial, Mullkoff said.

Mullkoff said he does not believe this will happen. "I think the government is grasping at straws," Mullkoff said.

A spokeswoman for the U.S. Attorney's Office in Detroit said yesterday, "The office has no comment at this time."

Earlier this week, Yates obtained approval from the U.S. Solicitor General's Office to appeal the case. No one from the office's criminal appellate division returned calls yesterday.