TRANSCRIPT OF TAPED CONVERSATION BETWEEN AUGUST C. BAXTER, ADDISON SANDEL BAXTER, BRANDT BAXTER, AND ERIC BAXTER (By telephone) ON 6/22/04.

BACKGROUND INFORMATION: Since Brandt (August's oldest son) had been unsuccessful in obtaining "permission" for his father to leave the house to meet in privacy with his family on the Sunday previous to this incident, the decision was made for Addison (August's former wife) to go with Brandt for another visit with his father but would wait in the car until Brandt could ask him if he still wanted to speak with Addison as he had requested.. Before doing so, she went by the police station to inform the Chief of the plan and that she expected verbal, if not physical, violence if Mr. Baxter tried to leave. Mr. Baxter does not know of the restrictions that have been placed on Eric and his mother for visiting him. Despite his impairments, he has not been interdicted and does not have a legal guardian. Consequently, he has the right to say who can enter his property and there was no legal reason why he should seek the permission of his former step-grand daughter, Senneca Peters, to speak to Addison. As soon as he was told she was waiting, he went to the car, expressing a great deal of pleasure and gave her a warm welcome saying they needed to go somewhere they could talk privately and suggested his favorite restaurant. The husband of Senneca, Erik Peters had followed closely behind Mr. Baxter and Addison turned to him and in a pleasant tone informed him that they were going to the restaurant but would return shortly. This statement resulted in a sustained argument between Mr. Baxter, Senneca, and Erik with Senneca screaming at Addison ("who the f*** do you think you are"--to which Mr. Baxter responded, "She's the person who designed and built this house and should be living here."). During the argument Mr. Baxter vehemently defended his right to leave if he wanted to, but he was finally forced (herded) back into the house by Erik, who, at one point told him harshly to "Go back in the house.! Get in the house, now!" After they had made numerous phone calls and Addison had called the Chief of police, who immediately dispatched a patrol car, he was allowed back outside although the argument continued until Mr. Baxter finally gave up, saying, "O.K.,O.K. I won't go. You've taken all the fun out of it!." After the patrol car arrived, Senneca and Erik ran to talk to the police officer which left Mr. Baxter free to enter the car. Whatever lies they told the police officer were never relayed to Mr. Baxter and his family, but must have been effective as Senneca was apparently never told she could not prevent either his leaving or his family staying if that was his wish. Certainly, she had no documentation to prove she had the right to do so or that he was incompetent, but she was apparently convincing.

Upon entering the car, Mr. Baxter immediately started talking about the important issues he had on his mind, the primary one being his unhappiness that Senneca and family were still there. He had originally voiced his objections to the arrangements to his son Eric before Eric was physically ejected from the house. Due to his hearing loss, a normal discussion with Mr. Baxter is rather difficult and because he is unable to process language quickly, short sentences must be used. Despite these communication problems, he immediately began the conversation in the car by asking for help in getting rid of Senneca and her family. The tape recorder was turned on as he was in the middle of the following sentence, but, for brevity, the transcript has been excerpted to exclude irrelevant conversation. However, the complete text and the approximately hour and a half tape recording is available to interested persons.

TRANSCRIPT OF TAPE:

Gus:................I don't know what the hell they (Senneca and family) are doing here or how long it is going to take to..........I thought they would be going to school in New Orleans..I don't mean N. O. I mean Florida.

Addison. You thought they would go to Florida?

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Brandt: There's the police.

Addison: It's the police, but it's O.K. We will just tell them that you are not going. (This was in reference to the fact that he had decided if it was going to create such uproar that he would not go and since they were now being allowed to talk in privacy it seemed unnecessary.)

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G. There ain't no point in... (seeing Senneca talking to the police.) What the hell?

A. Let me explain to you. Uh, uh, I was told that that if you want to go somewhere like you want to go to the restaurant.

G. Ah!

A. And they prevent you from going, that you have the right to go. They cannot tell you that you can't go to the restaurant.

G. That's what I always thought. I thought they were living here as a gratuity while they were going to school. (meaning, he thought he was doing them a favor exchanging a place to live for "taking care" of him.).....As far as waiting on me .........(voice trailed off).

.....

A. Sooo, would you want to talk to the policeman and tell them that.

G. Wellll, Yeahhhh, I'll talk to them.(with enthusiasm)

A. They are very, very nice. When Brandt told them that they wouldn't let you go to lunch yesterday.....you know, today is Eric's birthday. Did you know that?

G. Ohh! Ahhhh! (with delight)

A. And see, we dropped Eric downtown because he's not allowed to come to the house.

B. At the Pub. (meaning Eric had been dropped off to wait at the Pub where Gus wanted to go.)

G. By whom?! (with indignation, in reference to Eric being prevented from coming.)

A. By Senneca. Remember you signed the paper and this was a long time ago, two years ago. You signed a paper saying Eric couldn't come here without (the caretaker's) Senneca's permission..

G. Senneca!! I don't know what the hell she's got to do with it.

A. And well, I don't know either, but....

G. .. (Unintelligible mutter).....My idea was that they'll go to Florida and go to school, and if you are in good order and want this place I can't think of anything better than give it to you. (Motioning toward his home.)

A. Well, I would love to have it, but it really belongs to your kids I think.

G. My kids? (Suspiciously.)

A. Yes, our kids. (Motioning toward Brandt and holding up two fingers to represent our two children.)

G. O. K.!!!! (with enthusiasm) Well, brief them properly. (Meaning inform them he wants them to have the house.) These kids have got an ...........(referring to Senneca, et. al., apparently about to say something to the effect that they had an idea they were to get the house, as he had told Brandt the previous Sunday).......as far as "taking care" of me, what the hell do they do. I haven't slept in a bed for some years. Since they have been here I have been sleeping in that place downstairs, which is all right, I don't object to that. (with resignation)

A. You should be in your bedroom. (He had been moved out of the master bedroom which is now occupied by Senneca and her husband and forced to sleep in a chair.)

G. Well, that's no big problem. I should go talk to that policeman and tell him that whatever the business is it's my business. If I can.......

A. Here's the Chief of Police. Oh, he's nice! Oh, he'll talk to you.

G. Oh. (started to get out. door alarm sounds.) If I can set this up so you can take it over, that's fine. (Meaning legal documents regarding the house.) I wish those kids (the caretakers) would go the hell to Florida!!!! (He was watching Senneca interact with the police officer.)

A. Well, I've got some paperwork if you will sign it that will take care of these problems.. (Referring to prepared documents retracting his Power of Attorney and the letter forbidding Eric entry to his property.)

G. Yeah!!!! (with enthusiasm and looking around for the paperwork.)

A. We can do that, but we need witnesses.

G. They......

A. We need people. We'll see if the Chief will let you go downtown, and.....

G. What the hell do the police have to do with me going downtown?

A. Senneca won't let you go.

G. What the hell has she got to do with me going?

A. Well....you know Eric can't come. Did you know Eric stayed in Many six months trying to see you and he couldn't come see you. He was prepared, he came up here after Lou died prepared to stay with you here at the house (G. Yeah!) as long as you wanted him to.

G. Yeah! Yeah. (with enthusiasm)

A. You know he does his work on computers and so he can work here as well as in New Orleans.

G. Yeahl?

A. But Bob threw him out. You know that Bob actually threw him out of the house......

(This statement seemed to confuse him and he did not respond to it.)

G. Well. As far as I know Bob's got all the money. I don't know if I have any or not.

A. Well, he changed your bank account....

G. Huh! (with surprise)

A. He changed your bank account to Kansas. You know all your money is going to Kansas. Did you know that? (Referring to his military retirement pay.)

G. (Again, apparent confusion) Well, I've been trying to talk to Bob for a week to see if I could find out what that score is. (meaning whether he had any money.) He called down here a while ago and they went yap, yap, yap until I guess he hung up or...I'd like to talk to him and see what.....if there is any official score on that damn deal! (meaning, what has been done with his money.)

A. See they are keeping you away from Eric because Eric questioned some of the plans and everything and so that is why they threw him out and said he can't come back unless.........

G. What the hell! What authority have they got here?!

A. They think they have authority. They think they're your caretakers.

G. I don't know what damn authority! If they were looking after me.... they'd make some supper.

A. I hear you have pasta, spaghetti and pasta most of the time.....

G. Ahhhh......(with disgust)

A. And you never ate tomatoes before! (laugh--this was a running joke during their marriage as he hated tomatoes so much that he wouldn't sit down at the dining table if there were tomatoes )

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A. Anyway, I came over because Brandt said you wanted to see me.

G. Yeahhhh! (with enthusiasm)

A. And so I knew there would be problems. They would not let me see you. See, they stopped me.

G. Well......

A. And I went by to see the Chief of Police before I came here.

G. Yeahhh!

A. I told him what was going to happen, and I said I may be attacked (laughing), and you know I am not a fighter and he said well, go ahead and if they...I said, he said if they stop you and if he wants to go with you to a restaurant or whatever and they stop you, well call me and I'll send somebody out there.

G. Well.....!

A. So that's what he is doing.

G. Well, I hate to get into this police......shi...t...I'll go talk to them in a moment... and, anyway, in summary, if they'd go to Florida (speaking of Senneca and family)...I thought they were supposed to go there and go to school. Christ! They've been in school up here since they built the place. They oughta learn something eventually.

A. I hear Senneca graduated. Senneca graduated. But she's still here? Why is she still here?

G. Oh..oh...well...let's just talk. (Seemingly confused at hearing Senneca had graduated--probably had forgotten.)....I have ideas about staying around until mid January. (a suicidal reference) I don't know when my birthday is. That's the baby's birthday I think. (apparent reference to the baby living in his home.)

A. Your birthday is the 21st I think its the 21st of January. (an error-it's the 20th)

G. The 21st of January? Oh that's good to know.. I'll stay around until the 21st. (the date for his suicide. He had reportedly been making suicidal comments for some time.)

A.. Listen, you have to stay a long time because Eric has really suffered and he wanted so much to be with you and he had so many plans for you and he, he, he had an exercise program worked up for you. He had all kinds of things planned. He wanted to take you back to Italy. You know what he did? He called the mayor of that little town that you restored in WWII.

G. Yeahhh! (with excitement)

A. He called the mayor and told him he wanted to bring you back and they were going to have a big party for you. (laughed)

G. Ahhhhh! I, well, ....When I get rid of them, (referring to Senneca, et.al.) I might go to California and see the girls.(referring to his daughters by his first marriage who did not have all the facts and were consequently easily manipulated by Mr. Lewis ) My goodness, the girls are doing well! (enthusiastically)

A. They're doing well? Great!

G. Debbie ...I don't know if she is going to run for President. She's got a new....she's got a husband. Whatever her job is, she must be running the damn airport. (His daughter was/is an air traffic controller.) If you get her phone number......(meaning Debbie's phone number, probably intending to ask Addison to call her but interrupting himself to ask for Addison's phone number.)...by the way, send me in the mail, I get the mail .....(said in a conspiratorial tone as if to imply he would be the only person to see it) send me your phone number and address and that sort of thing and any other thing you might think of. and...(asking for the information because he no longer had his list of phone numbers)....I don't know what the hell the police are looking for me for.

A. (Laughing).. He's not looking for you. I told him that I was coming to see you, but they would not let me see you and he said if they won't let you see him and if you wanted to leave with me to go see Eric, Eric's waiting over here,

G. Ahhhhh! (excitement)

A. If you want to go see Eric and he said if they stop you, well, call me.

G. Well...

A. So, I called him. I hope you don't mind.

G. They take all the God damn fun out of it! (Referring to Senneca, et. al..) I'd like to......

A. There are so many things I'd like to....

G. I try to get them to go down here to this first restaurant (the Pub) and maybe the cheapest one in town and that old boy and I get along in there, he's an old sailor, and we get along fine. But, if we go to town with them, we go cross town, with three or four of their friends, to I guess the most expensive place in town..

A. Mariner's? The Mariner's? Out on the lake?

G. Yeah, it's on the lake. Now, that's where they all go if we go to eat, they'll go to the Mariner. And, I guess the food's all right, but I get more fun out of having a beer and drinking with somebody I can shoot the bull with, and so on. (expressing lonliness for a peer relationship--probably somebody to talk to.)

G. Well.....as far as I'm concerned, the sooner they go to New Orleans the better. I don't mean New Orleans, I mean

A. Florida......

G. Florida

B. Wherever they came from. (laughing)

G. Yeahhh! (laughing)

**********

G. They are looking after me all right....in my bed! (said with sarcasm).... Anyway, where the hell was I going? (meaning, conversationally) I'd like to talk to the police people for a second or two.

A. (aside to Brandt, Go tell the policeman.

B. He told me to wait in the car.

A. Oh, he did?

B. He asked me to wait in the car. Looks like they are about finished.

*************

A. He's going to come over here.

G. O.K......!

A. Let's wait until Senneca is gone and then we can talk to him.

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G. Oh well, as long as they are out here (the police officers), I'm going over to talk to that policeman before it gets too late. .

A. He's coming over here.

G. Huh?

A. He's coming over here

G. Ah haa...

A. (aside to Brandt) You think he's going to come talk to him..

B. Eventually. All these other people are showing up.

A. He's going to come talk to you.

G. Ah.....ha. goody, goody, ah ...ha, the sooner they go to Florida the better (meaning he thought the police could help him get the people out of his house.).

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G. I always... I now feed half of the God-damn student body in that place up there, but there....(interrupting himself).....I don't think there is anything in that so-called shop you'd be at all interested in. (meaning anything Addison would be interested in having)....They've carried away about everything, those kids, (unclear as to what "kids", but probably meaning Senneca, et. al.) carry away anything I guess they can take to a pawn shop. They got my ...I had my dad's old carpenter saw and I'll be God-dammed if that ain't gone. (Following the funeral of his mother, Mr. Lewis had distributed art objects and other community property owned by Mr. Baxter and his former wife who had left the things with him for safekeeping until she had a safe place for them.)

A. And they took my oxen yoke. Remember my oxen yoke? That were over the fire place? My oxen yoke? They're gone.

G. Oh.....(seemed puzzled and obviously struggling to remember, although several months ago he had missed them and told Brandt that if he ever found out who took them, he would get them back for her. They were made by her grandfather and left at his request to decorate the chimney.)

A. Oxen yoke? They're gone.

G. Oh well, I want to talk to that policeman.

A. Well, he's going to come. (However, neither he nor the Chief ever came to the car to talk to him.)

G. I think I told you all I know or think about the whole "schmeer". (Meaning he had covered all the issues he had wanted to talk to Addison about.) .....You could be living in there (motioning toward the house.). That's uh.....you designed it and you built it and you ought to be living in there.

A, Well, I had planned to. (Meaning when she built it while he was in Thailand she never expected to live elsewhere.)

G. Ahhhh.. (disappointment? ) I wish to hell they (Senneca, et.al.) would go to Florida or go some place. They are worried about, "now who is going to wait on you? or cook for you?" (mimicking Senneca) And... (voice trailing off).

A. There's a lot of places in the world that could cook for you..

G. Why, hell yes!

G. Erik (husband of Senneca) makes a supper meal out of ...he heats up something or mostly warmed up or hotted up beans and rice. And uh....shit, I can do my own cooking.

A. Would you like to talk to Eric? (offering him the cell phone)

G. Well...I don't know...Sure, just to say hello. (reluctance due to difficulty using cell phone.)

A. It's his birthday.

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G. If someone could come and give me a lesson in one of those damn telephones. Do I have to push anything?

A. No, just put it up to your ear.

G. Well....! Hey Eric? Well!! Thankee, thankee, thankee. I usually can't ...... I think the policeman is waiting out here to take me to jail or something of the sort.

A. (Laughs.)

G. Ah, well! (Laughs heartily) Ah there's good people around there (meaning the Pub where Eric is waiting.). Ah...yeah....ah, I think the guy who invented the telephone must have screwed up my brain. I can about half hear but I never know what is being said. Ah.. your mammy, your mammy and big brother are gonna have all the score on all about everything and all the rest. (referring to the information regarding the issues.) All right. I think the police are looking for me I better go talk to him. I might get arrested or hung or something, I don't know. Anyway, your mammy can tell you all about it (the house, etc.). I want to talk to this policeman (end of telephone conversation with Eric.)

*********

At this point, Gus left the car and went over to talk to the police chief since they had not come to the car to talk to him. By this time he was obviously relieved that he had been able to discuss the things he had on his mind and thought the problem would be taken care of. He was now, apparently, concerned only, with making peace. or he may have been fearful of Senneca's anger as, when he returned to the house he was saying, "Well, now I'll have to go in and get chewed out for causing all this trouble." In any event, in a 15 minute discussion with the Chief, he reportedly did not convey his unhappiness with his situation or his frustrations at not being allowed to leave and, since Senneca was apparently not told she had no right to stop him from leaving if he wanted to or that he had the right to invite anyone he wanted to his home, the man is still being held captive and basically incommunicado in his own home by people he does not want there. As stated previously, no explanation for the refusal of the police to intervene in this clear case of elder abuse has been given his family.

NOTE: He may have been right about getting "chewed out" as when Brandt called to talk to him a couple of days later, he told him that if he (Brandt) wanted to talk to him about anything important, he would have to see Senneca....a very different stance from his defiance on Monday and defense of his rights.