Domestic Elder Abuse in Louisiana:
The Case of August Baxter

My late father, August Baxter, was an elderly and disabled man when, as his wife lay dying, his home was invaded by interlopers who appointed themselves to be his "caregivers". He was coerced into signing legal instruments he could not read and which were artfully designed to imprison him and rob him of his assets. His body was ultimately found in the lake behind his home, just days before a legal resolution seemed at hand. The manner of his death was classified as "undetermined", but his apparent drowning in two feet of water resulted from negligence, violence or the application of psychological abuse.

Throughout his long ordeal, family members reporting his exploitation, urgently warning of his endangerment and attempting to arrange the legal assistance he requested were subjected to acts of official reprisal and intimidation. State law defines elder abuse and criminalizes any failure to report it; it does not criminalize the actual commission of abuse or the misconduct* of corrupt investigating authorities. As a policy of civil rights, this simply means that one concerned for an abused elder's welfare is required to convene his own lynch mob. -Eric C. Baxter

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Terse History of our Reports to Various Officials
Summary 6/11/03
King Lear Plot Synopsis
King Lear Syndrome

The Loop of Futility:

La. RS 14§403.2: Any person having cause to believe that an adult's welfare may be adversely affected by abuse, neglect, or exploitation shall report to any local or state law enforcement agency. Any person who fails to report shall be fined or imprisoned.

Police Welfare Concern (June 22, 2002): "Eric Baxter came into the station requesting an officer to check on his father."

Extortion: Notice Forbidding Entry: (June 24, 2002): "Since you ... felt it necessary to bring the police... you expose yourself to criminal liability." (Extortion , Intimidating, impeding or injuring witnesses...)

Mr. Seemann's Personal Vendetta: An EPS (Elderly Protective Services) Investigation (Jan 20, 2003): "... a claim had been made by Eric Baxter that [the] investigation was not sufficient... Eric Baxter's games are over (Robert J. Seemann, EPS director)."  *new! Louisiana enacts criminal penalty for retaliation following my legislative testimony RS 14§403.2 D.(1)

Advocacy Center letter (July 19, 2004): "We encourage you to follow up with EPS or the police regarding these concerns."

Some Representative Documents:
Senneca's ("caregiver's") Authority (conspiracy to commit interstate kidnapping?)

Affidavit (June 22, 2004)

Transcript (June 22, 2004, "What the hell do the police have to do with me going downtown?")
 
A visit (Oct. 5, 2004)
 
Advocacy Center letter (Oct. 6, 2004) "... your father could not speak to me as he had recently [five years earlier] undergone a stroke... but if your father would like assistance, please have him call intake at his earliest convenience." I.e., my father could not reach an advocate for the elderly and disabled because he was elderly and disabled.

AG opinion 04-0297 "Whether R.S. 14:63.3 is properly used in retaliation against a person or persons reporting elderly abuse." (Jan. 20, 2005)

Last Chance (Another EPS "Investigation") (March 3, 2005) "RISK OF HARM: HIGH", "Rated as high risk only because perpetrators live with the elder.", "Elder’s caregivers and curator have agreed to adjust schedules so that the elder is never alone."

EPS policy: "Only when other efforts fail will EPS recommend referral... or seek judicial remedy to the situation." Only the EPS or DA may apply for an order to "enjoin the parties contributing to the abuse or neglect of the adult from continuing such acts (RS 14§403.2 F (1) (b))." 

Prescience: "Please be sure the police  look in the river."

Death (March 18, 2005)

Official "CYA" Letters

Opinion:

Probable Cause?

Toward a viable civil remedy: Contrary to the misguided and profoundly incompetent policies of the EPS, further elder abuse should be enjoined against when the abuse first occurs; the policy of allowing it to continue until "other efforts fail" merely results in needless suffering and death. Standing to file for protection from domestic elder abuse should extend to victim's family members and not lay exclusively in the hands of mindless and arrogant bureaucrats.

If you would like to support the creation of an elder abuse civil remedy or if you have been a victim of an EPS vendetta, please contact me at: baxterhomicidepoll@bellsouth.net