For the third time, a former Madera County Supervisor failed to show up for court on Tuesday.

81-year-old Harry Baker of Oakhurst is facing one count of lewd acts on a 13-year-old.

Baker was due in court Tuesday to enter a plea, after missing two other appearance due to illness.  However he was once again a no-show, and his attorney, Rick Berman blamed his absence on the fact that he was in an ambulance being taken to an undisclosed location.

Over the last month Baker is said to have undergone surgery to have a breathing apparatus put in his throat; he has also battled pneumonia.

Despite Baker's health problems, Berman has said he's determined to clear his clients name.

He has claimed that Baker is the victim in the case. He says gypsies set up Baker, recorded the encounter without him knowing and have extorted nearly $300,000 dollars from him over the past couple of years.

Baker is now expected back in court on November 17th.

Stay with KMPH and KMPH.com as we continue to follow this story.