-Caveat Lector-
>From http://www.aim.org/publications/weekly_column/2002/06/06.html
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Baxter Case Crucial Clue Concealed
By Reed Irvine
June 6, 2002
The Sugar Land, Texas police have finally disclosed the evidence that they say
proves that Cliff Baxter, the former Enron vice chairman, killed himself in the wee
hours of the morning of January 25. They assert that there was never any credible
evidence to support any other conclusion. One of the ten items of evidence they
listed was that drugs found in his body were consistent with a prescription that he
had just had filled on January 23. One of those drugs, Ambien, is a sleeping tablet
that has hypnotic effects. The instructions were to take one 10 mg. tablet and go to
bed immediately. Baxter presumably took one on the 23rd and one on the 24th, but
the police found that five were missing from the bottle on the 25th.
Those who don’t go to bed right after taking Ambien may experience a hypnotic
trance, making them easily controlled by others. If Baxter was in such a state, he
could have been given three more Ambien tablets, making it impossible for him to
drive a car. That would pull the rug from under the suicide scenario.
The police say Baxter’s DNA was on the flap of the sealed envelope in which the
suicide note was found. But if he was drugged with Ambien, those controlling him
could have smeared his saliva on the flap, creating what would be viewed as
conclusive proof of suicide. Ambien could also explain how he might have been
maneuvered into assisting in his own murder. The police say the gunshot residue
indicates that Baxter fired the gun, but it indicates only that his hands were near the
gun when it was fired or in contact with it after. If he fired the gun it is so
unlikely that
both hands and the gun would fall onto his lap that it should have been seen as an
effort to disguise a murder.
The police say that about two minutes elapsed after a constable "spotted Baxter
driving alone in his car" to when the time the constable discovered him in his car with
"a single gunshot wound to the head with his hands lying in his lap holding a
handgun." That comes close to making the constable virtually an eyewitness to the
shooting, but it is not what the police told reporters on Jan. 25. According to the
Houston Chronicle, they said that the constable first noticed the car on a routine
patrol and checked it out when he saw it parked in the same place about 15 minutes
later. He saw the body with a head wound. That account didn’t say how long the car
had been there, when the shot was fired or who fired it.
The police say there are "indications" that Baxter wrote the suicide note, but they
don’t say what they are. The expert at the Department of Public Safety who
compared it with known samples of Baxter’s handwriting did not conclude that he
wrote it. It was printed entirely in block letters, and she told me that "block letters
don’t have a lot of individuality." If he wrote it, his fingerprints should be on it.
Apparently they were not. That is evidence that he did not write it.
Mrs. Baxter’s intense but unsuccessful effort to keep the note from being made
public generated suspicion that she knew it was forged. She signed an affidavit
saying that it "consisted entirely of intimate, personal information pertaining to
family
relationships" and should not be made public. That was false. There had to be
another reason why she didn’t want it to be seen. A friend of Baxter’s who had
received letters from him for many years said that Baxter always wrote to him in
longhand. He could not believe that Baxter printed the note.
The police say they have proof that the gun belonged to him and that it was the
weapon that fired the shot that killed him. But that does not prove that Baxter fired
it.
The stumbling block for the police is the quantity of the Ambien found in his blood.
The toxicology report gave the quantity of a pain killer he had taken, but it did not
give the quantity of the most important drug—Ambien. The medical examiner’s
toxicology group probably calculated the quantity but dropped it from the report to
avoid embarrassing their boss, Dr. Joye Carter, who had hastily declared the death a
suicide. Her bosses, the Harris County commissioners, haven’t responded to
requests that they order Dr. Carter to release the figures. Apparently they don’t want
to embarrass her or the police.
Reed Irvine can be reached at [EMAIL PROTECTED]
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