By Zachary M. Raimi

Daily Staff Reporter

The U.S. government yesterday officially filed an appeal in the case of former University student Jake Baker.

The brief, submitted to the Sixth Circuit Court of Appeals in Cincinnati, appeals the case's June dismissal by a U.S. District Court judge in Detroit.

Neither Assistant U.S. Attorney Christopher Yates, who is handling the case, nor a spokeswoman for the U.S. Attorney's Office in Detroit would comment on the brief.

The defense will have at least a month to review and respond to the government's brief, Baker's attorney, Douglas Mullkoff, said yesterday.

Baker was suspended from the University last February after posting a story on the Internet that graphically detailed the abuse of a specific female University student. He was jailed for 29 days and was charged with five counts related to the interstate transmission of a threat.

Federal District Court Judge Avern Cohn dismissed the case against Baker this summer, saying there was not enough evidence for trial, and he defended Baker's free-speech rights.

The case gained national attention both for its bizarre nature and for its potential to set precedent. As the Internet has evolved in the last few years, lawmakers and citizens have been engaged in a debate over its regulation.

Mullkoff said he does not think the appeal will be successful. "The government is attempting to persuade an appellate court that a judge made a mistake," he said.

"We believe justice has been done," he added.

The appeals court is comprised of three judges. The government and Baker's defense will present oral arguments before the court, and the judges will decide if the case will go to trial.

If it does, the case will then shift back to U.S. District Court in Detroit. The appellate court's decision, however, could take months to reach.