Katrina Baur (Photo courtesy Manitowoc County Sheriff's Office)
MANITOWOC, WI (WTAQ-WLUK) – The State Public Defender’s office is opposing Katrina Baur’s request to have her attorney replaced, saying doing so would be “inefficient and counterproductive.” But the attorneys Baur suggested say they could step into the case.
Baur, the mother of Elijah Vue, faces four charges – including chronic neglect of a child consequence is death – in connection with the treatment, disappearance, and subsequent death of the 3-year-old boy.
Her boyfriend, Jesse Vang, is charged with physical abuse of a child – causing death and hiding a corpse.
A two-and-half-week trial for both is scheduled to begin April 14, 2027.
Baur recently wrote the court, asking that her attorney, Amber Gratz, be replaced.
I understand attorneys must make strategic decisions and that disagreements alone do not justify appointment of new counsel. However, my request is not based simply on a disagreement. It is based upon a long-standing and complete breakdown of communication, together with my sincere belief that my defense has not be adequately investigated or prepared, despite my repeated requests over many months,” Baur said.
In a letter to the court, Kathy Pakes, director of the Assigned Counsel Division for the State Public Defenders, objected to the motion.
The State Public Defenders (SPD) has devoted substantial resources to this case over the past 20 months. A substitution of counsel at this late stage would be highly inefficient and counterproductive to the progress of the case,” she wrote.
Furthermore, SPD policy does not permit clients to select their specific attorney; rather, our policies and procedures dictate the appointment of successor counsel. To ensure equitable distribution of legal services, we do not prioritize clients seeking to replace their current attorney over individuals who are awaiting their initial appointment,” Pakes added.
Baur also suggested specific attorneys who could replace Gratz on her case: Amanda Riek and Kirk Obear.
Pakes objected to that idea.
“Furthermore, SPD policy does not permit clients to select their specific attorney; rather, our policies and procedures dictate the appointment of successor counsel. To ensure equitable distribution of legal services, we do not prioritize clients seeking to replace their current attorney over individuals who are awaiting their initial appointment,” Pakes added.
But, Riek and Obear told the court they could take over the case.
“Ms. Baur is aware that her indigent status does not entitle her to counsel of her choosing. That being said, we wish to inform the Court that Attorney Obear and I are ready, willing, and able to represent Ms. Baur should the Court grant her request for a change in counsel. We are happy to do so through the Public Defender’s Office and have informed them of such, or as a Dean Appointment through Manitowoc County. We have reviewed the Criminal Complaint, met with Ms. Baur several times, and blocked off the currently scheduled Final Pre-Trial and Jury Trial dates on our calendars,” the attorney said.
Although Pakes doesn’t refer to it specifically, sometimes it takes months for attorneys to be appointed.
If the Court finds it necessary to grant the request for a change of counsel, the SPD will proceed with our established process for identifying and appointing a successor. The Court may also appoint counsel at county expense, or grant Ms. Baur leave to retain counsel of her choosing,” she said.
Prosecutors have not commented on the motion.
The issue is expected to be addressed at hearing Monday afternoon. Pakes, Riek and Obear may all appear at the session.
Prosecutors allege Baur sent her son to live with Vang at his Two Rivers apartment for “disciplinary reasons.” Vang reported Vue missing Feb. 20, 2024, and an Amber Alert was issued.
Months later, on Sept. 7, a man preparing his land for hunting season found human remains on private property near the entrance of Camp Manitou, a Girl Scout camp. Those remains were positively identified as Vue’s.
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