The Morning Journal (Lorain, OH)
Attorney files counterclaim against convicted child rapist
An attorney being sued by a convicted child rapist filed a countersuit Dec. 18 against the man and his lawyer.
Attorney Anthony Baker filed his response to Devante Gibbs in Lorain County Common Pleas Court, as well as his counterclaim and a motion to join attorney Brian Darling to the case as well.
Darling filed Gibbs’ initial complaint against Baker on Dec. 13.
That suit claims Baker did not inform Gibbs of a possible plea agreement, which Gibbs believes would have helped him avoid the life sentence he currently is serving for raping a 2-year-old girl and dipping her into boiling water in an effort to hide evidence.
Gibbs fled justice before he was found guilty and was arrested a short time later in California.
In his response, Baker denied the allegations contained in the original complaint.
Baker also filed a counterclaim against both Gibbs and Darling saying Gibbs repeatedly became upset with him for relaying plea offers from the prosecution.
He wrote Gibbs “argued that attorney Baker was not ‘on his side’ and ‘did not have faith’ ” in him.
The counterclaim said on Oct. 29, 2015, Baker presented a plea agreement that would have seen Gibbs “beat(ing) the state to the grand jury,” on harsher charges, and Gibbs refused it.
The filing claims Gibbs and Baker met again the
next day and Gibbs repeated that he was innocent and would not plead guilty to any charges.
As Gibbs was re-indicted on harsher charges, he continued to refuse any plea offer.
Baker wrote it became apparent Gibbs wasn’t “evaluating the case ‘obstacles’ vs. ‘opportunities’” and was more concerned about being perceived as a child rapist and wanted to fight the case.
According to the filing, Gibbs also revealed information to Baker that “made it difficult or impossible,” for Baker to continue representing him and Baker requested to be removed from the case.
On Aug. 17, 2016, Darling was appointed to the case, the suit says.
The filing claims Darling never asked Baker about the proposed deals, nor reached out to him to discuss Gibbs’ allegations.
Near the end of the complaint, Baker wrote that Gibbs perjured himself at trial, and the testimony given by Gibbs at trial differed from what was told
to both Baker and Darling.
The suit claims Darling was negligent by failing to investigate Gibbs’ claims, “especially when he personally witnessed (Gibbs) commit perjury during the trial.”
It also claims Gibbs and Darling have “perpetuated a fraud and abused the judicial process,” for blaming Gibbs’ life sentence on Baker.
The suit requests $1 million, that Gibbs’ income and any money put on his books while incarcerated be paid to the victim and her mother and that Darling apologize in open court for filing the initial claim. It also seeks attorney fees, costs and punitive damages.
Darling said he had not reviewed Baker’s filing, but based on a brief summary supplied by The Morning Journal, he said it doesn’t sound like a proper counterclaim.
“I’m not familiar, nor have I experienced, a request for relief specific to an apology in open court under the civil rules,” he said,