Baker disappeared while walking her dog in Kettering in 1999 near the Kettering Recreation Center.
Tuesday’s decision sends the Lewis case back to state court, which has already ruled that Lewis must testify about what her client knew.
Baker’s grandmother, Pam Schmidt, believes Lewis may hold the missing piece to her granddaughter’s disappearance in February 1999.
Lewis represented Jan Franks, who was reportedly in a van that struck Baker. Franks is now dead. Since 2002, Lewis has fought to avoid testifying to what Franks may have told her in confidence about the missing girl.
On Tuesday, a federal appeals court sent the case back to state court, which has already ruled that Lewis must testify, something that may happen soon.
Montgomery County Prosecutor Mat Heck said, "You should also be aware that shortly before noon today, I received a telephone call from one of the attorneys representing Lewis that she will appear before the grand jury at a date that we will set."
Previous Stories: October 7, 2005: Gabriel Trial: Jury Returns Verdict October 7, 2005: Articles Related To Erica Baker Case October 7, 2005: Gabriel Trial: Jury Deliberating Gabriel's Fate October 6, 2005: Gabriel Trial: Van, Written Confession Focus Of Testimony October 6, 2005: Gabriel Trial: Van Focus Of Day 3 Testimony October 5, 2005: Gabriel Trial: Prosecution Wraps Day Two Of Testimony October 5, 2005: Gabriel Trial: Three Take Stand As Testimony Resumes October 3, 2005: Jury Seated As Gabriel Trial Begins October 3, 2005: Process Of Seating Jury Under Way In Baker Case June 21, 2005: Vigil Planned In Honor Of Erica Baker June 16, 2005: Hearing Held To Suppress Statements In Baker Case April 22, 2005: Federal Judge Issues Opinion On Beth Lewis Case March 2, 2005: Beth Lewis Case In Hands Of Federal Judge February 17, 2005: Erica Baker's Family In Court As Suspect Arraigned February 4, 2005: Inmate Indicted In Connection With Erica Baker Case February 4, 2005: Timeline Of Events In Erica Baker's Disappearance December 8, 2004: Erica Baker's Father Expresses Joy About Latest Development December 6, 2004: Deceased Woman's Husband Changes Mind December 3, 2004: New Developments In Erica Baker Case October 22, 2004: Rally Held For Erica Baker October 18, 2004: High Court Lets Ruling Stand In Erica Baker Case March 18, 2004: Court Rules In Erica Baker Case October 22, 2003: Supreme Court To Make Decision In Erica Baker Case October 21, 2003: Erica Baker Case