The excerpts below are taken from a "contract" and e-mail messages recounting my late father's "caregivers'" legal theories concerning their "authority" to isolate and imprison him. Below that is some wishful-thinking codified as law.

 

Senneca’s "Authority"

From Senneca's Purported "Contract" June 2002?: "Mrs. Senneca Peters and her family shall have full and free use of the Baxter home.  Further, she shall have full authority over visitors, hours of visitation, dates of visitation by any and all who should visit... She may grant or refuse visitation and travel as she deems in the best interest of Col. Baxter."

Gus Can Not Have Guests

Dec. 8, 2002: "Senneca is his primary caregiver. Gus pays her to do that. Thus she is responsible. She isn't just a kid from down the block who is baby sitting. She is responsible to him for him--not to me, the girls, the boys, etc. To that end she and Gus have a contract that spells out her responsibilities. (On file with his lawyer, Dee Hawthorne.) Running the household is her responsibility--contractually. When I visit, I'm her guest, not Gus'. She has all the heavy lifting to do. If everyone (but particularly you, me and the girls) want to help lift, great; but we have to be careful of coaching....(So if Senneca says that Eric may visit only when she is there, then that's that...)"

Oct. 25, 2004: "Who spends time in the house? That is Senneca's call. She has authority to control the agenda, Gus's schedule and who visits."

"Ingrate" Gus

Apr. 7, 2004: "Of course he got Level III care from my mother. She had nothing to do but tend to her patient. What he gets from Senneca who is in school and has a 2 year old is Level II. (She doesn't read to him as mom did and she isn't a good cook, and golly she is only 21!) How do I know? He bitches incessantly about it all (not uncommon of many his age) to the point that Jan is about ready to have him walk home for being an ingrate. She is really steamed. What he doesn't grasp is that if he isn't careful he could loose (sic) his 'home care' ticket and he would be looking a level II care facility, probably in California. (I don't suppose that Gus ever had the best 'feel' for the opposite sex, but that is just a guess...) Any way (sic), his hard head is not make (sic) life any easier for himself."

"Stashing" Gus

Sept. 4, 2004: "Dee had a long conference this morning with the lawyer who will handle this [the interdiction], so things are moving, ..I spoke with the lawyer this evening and let him know that time was really and (sic) issue because of Addie and Eric. (Which he knew.) We are concerened (sic) that we could have a repeat of the last incident. Brandt called (apparently just to visit) and Gus wanted Brandt to tell Eric and Addie to come see him. (Gus thinks that Eric lives in town and he wants him to take him to the hardware store...) So, I had Senn & Eric (sic) call Brandt had (sic) tell him that Gus had forgotten that he would be visiting in California and that Brandt shouldn't plan a trip. Maybe that will work. But if we end up with a potential second confrontation, we may need to stash* Gus with you until the interdiction is finished. Is that a possibility in event of emergency? After the interdiction it won't matter.
 
 
Conditions Facilitating the Work of the Influencer - from The Case of the Evil Nurse, Margaret Singer

1. Isolation

Isolation is set into motion by the manipulator by controlling as closely as possible all avenues of communication to and from the intended victim. The manipulator desires to create and convince the potential signer [of legal documents] of the existence of a pseudoworld. In other words, the manipulator creates a big myth that is supported by the surrounding events and conditions that the manipulator is able to put into place. The Evil Nurse and her collaborators used such tactics as sending family, friends, and neighbors away, censoring the mail, and controlling phone calls. The Evil Nurse effectively cut off outside information and support from coming to Ms. Rose [victim]. Simultaneously, she made others feel that Ms. Rose did not want to see or talk to them. Thus, Ms. Rose was walled away from incoming information and could send none out. The Evil Nurse, aided by the renegade lawyer and the accountant, became the sole source and channel of information from and access to the broader world. They were the "gatekeepers" controlling both incoming and outgoing information. The deceitful control and manipulation of information puts the victims in these situations at a great disadvantage.


 
 

THE LAW

14§403.2. Abuse and neglect of adults…
    For the purposes of this Section, the following definitions shall apply:

    A(1.1) "Abuse" is the infliction of … mental injury on an adult by other parties, including … such means as … isolation, exploitation or extortion of funds … to such an extent that his health, self-determination, or emotional well-being is endangered.

(7.1) "Isolation" includes:
  (a) Intentional acts committed for the purpose of preventing, and which do serve to prevent, an adult from having contact with family, friends, or concerned persons… (d) Intentional acts which restrict, place, or confine an adult in a restricted area for the purposes of social deprivation or preventing contact with      family, friends, visitors, or other concerned persons…
SUBPART D. KIDNAPPING AND FALSE IMPRISONMENT

§44. Aggravated kidnapping

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity, in order to secure a release of the person under the offender's actual or apparent control:

(1) The forcible seizing and carrying of any person from one place to another; or

(2) The enticing or persuading of any person to go from one place to another; or

(3) The imprisoning or forcible secreting** of any person.

Whoever commits the crime of aggravated kidnapping shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

Amended by Acts 1980, No. 679, §1.

§44.1. Second degree kidnapping

A. Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is:

(1) Used as a shield or hostage;

(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony;

(3) Physically injured or sexually abused;

(4) Imprisoned or kidnapped for seventy-two or more hours, except as provided in R.S. 14:45(A)(4) or (5); or

(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.

B. For purposes of this Section, kidnapping is:

(1) The forcible seizing and carrying of any person from one place to another; or

(2) The enticing or persuading of any person to go from one place to another; or

(3) The imprisoning or forcible secreting** of any person.

C. Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

Acts 1989, No. 276, §1. §45. Simple kidnapping

A. Simple kidnapping is:

(1) The intentional and forcible seizing and carrying of any person from one place to another without his consent.

(2) The intentional taking, enticing or decoying away, for an unlawful purpose, of any child not his own and under the age of fourteen years, without the consent of its parent or the person charged with its custody.

(3) The intentional taking, enticing or decoying away, without the consent of the proper authority, of any person who has been lawfully committed to any orphan, insane, feeble-minded or other similar institution.

(4) The intentional taking, enticing or decoying away and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian, with intent to defeat the jurisdiction of the said court over the custody of the child.

(5) The taking, enticing or decoying away and removing from the state, by any person, other than the parent, of a child temporarily placed in his custody by any court of competent jurisdiction in the state, with intent to defeat the jurisdiction of said court over the custody of the child.

B. Whoever commits the crime of simple kidnapping shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than five years, or both.

Amended by Acts 1962, No. 344, §1; Acts 1966, No. 253, §1; Acts 1980, No. 708, §1.

14§46. False imprisonment

False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority.

Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.

* stash tr.v.  To hide or store away in a secret place.
**secrete - tr.v.  To conceal in a hiding place; cache.