Questions for Baxter

Matt Westerhold
Mar 23, 2010

Dear Kevin:

Thank you for agreeing to review and answer our questions about inaccuracies in the Murman statements attributed to you. We talked with a number of participants who were not interviewed by the Murman investigators, and, after reviewing your statement, the Murman report, the Nuesse response, the Darden report and other documentation, we compiled these questions for you.

Baxter statement

• “The U.S. Attorney, unaware of the chief’s failure to coordinate with local officials, cooperated to a point by opening investigations.” Were these DEA, or DEA-related cases? Please detail local cases on file with U.S. attorney since Aug. 1, 2006, and provide case and report numbers and any available documentation.

• Did the U.S. Marshal’s office invite all local law enforcement agencies to participate in Operation Falcon? Is this fugitive roundup a “wasteful and disruptive stunt,” as described in the Murman report? Which agencies chose to participate? Please explain.

• In your statement you say McClung and Nuesse “both wanted to disband the drug task force.” Did other police chiefs express similar thoughts or support for this position, or come to support this position? Please explain.

• Are there corrections to the statement timeline on task force tax initiative, election, support for drug task force, closed-door meetings, when officers were pulled from task force, etc.? Please explain.

• Murman statement indicates you complained that Nuesse “started taking many cases to the U.S. attorney.” Were these DEA-related cases? Please explain and provide details and reports of each case.

• Specifically, about the McGovern “child abuse” case: Were errors discovered in how the arrest warrant was issued, coded or otherwise created or errors with the warrant radius status? Where did these errors, if any, originate? The child’s mother reported the rapes in August. McGovern, a truck driver from California, eluded Huron police when they tried to question him. Federal marshals arrested McGovern in December after requesting the warrant radius be corrected. What, if anything, does this case have to do with the Nuesse probe? Please address concerns about timeline, problems with the warrant, and the sheriff office’s failure to attempt to serve it.

• Please provide information, details and reports of second rape suspect involving a (about) 13-year-old victim where charges were dropped in 2007 when the suspect was located about two years after warrant issued.

• In Murman statement you recall both the (1) U.S. attorney meeting and the (2) meeting with school officials as “educations” for Chief Nuesse. This point, others in your statement, and your general descriptions of these two meetings differ from recollections of the other meeting participants. Please explain.

• In Murman statement you said Nuesse “should have” brought any gang concerns to your attention. Is that required by statute? Please explain. Did she attempt to do this without success or feedback from your office? Was she referred to Barlyski and did Barlyski return her calls? Please explain.

• You describe Barylski as the local “gang expert.” Please provide documents and information on credentials related to her proficiency. Please also provide approximate number of cases, with case numbers, during the past five years that included gang specification charges.

• You state you had not “heard back” from Nuesse about the drug forfeiture fund. Didn’t the police chiefs, through the Firelands chiefs association, resolve this rather quickly with a framework for distribution prior to Nuesse’s suspension? Was it finalized shortly thereafter? Current status of drug forfeiture funds? Was it Chief Nuesse who pushed for distribution of these funds initially? Please explain.

• “Baxter was of the opinion Chief Nuesse, rarely, if ever got input from other city or county government officials before she acted and as a result she has made numerous questionable decisions.” Please provide detailed list of questionable Nuesse decisions, and any impact or potential impact these decisions had. Nuesse, and others, have said the department accomplished several outreach goals in the past two years, including improved relations with schools and school officials, local religious leaders and church members, other police chiefs, and state and federal law enforcement agencies in addition to minority groups. Have there been improvements along these lines, and, if so, how does that square with your statement?



Looks like PC's season is over and Perkins goes on....Better luck next year, at least he supports a winner


Port Clinton = 1 and done. It's just too bad they couldn't handle their business tonight and got overmatched by Fostoria. Cellier didn't have that follow-through up much tonight either. Nice win for the Pirates and good luck Friday.


hey malf how does it feel to have red hair and be gay? wow what a combo u should just go kill urself man! get a life man cuz i knows urs sucks but its alright man! y dont u and oh wait u aint go no friends nevermind! and please go and shave them red pubics u got going on!!!!!!!!!!!SBC CHAMPS 1 and done for PC great season PC...NOT


i forgot...go shovel bodi's driveway!


Good luck Perkins!! Your old Hartung friends are cheering for you all the way!!! Keep on Believing in yourself!! I bet you guys have all sorts of Big Ten schools scouting you!!! You simply ARE the best!!! We love you!!!!


I went to Port Clinton and I think the entire school especially Malafara is gay. Millinger looks lik a mentally handicapped version of Jason Celliers. And Kyle Gonya is the coolest guy alive.


I play with Joey Malfara and i think he has some type of disease...he's always staring at me in the shower and I see his arm moving back and forth, i get kinda scared


My mnembndufb aHGBG JGust Hallock is besttietb b in tehwib w leaugeba iwetrsn i would twihink. Holla


I am truly disturbed by the comments left on this page. The players on Port Clinton worked hard to achieve what they have and you kids from Perkins, Port Clinton, Oak Harbor, or wherever need to put this nonsense to an end. I know the players on this team very well and to rip them apart is wrong. Good Luck to All-areas teams in the tournament, hope everyone the best.


Fostoria owned Port Clinton last night and it truly disturbed me how disrespectful some PC students were to myself and the other students.


thanks for all your hard work and putting this man behind bars


what did the port clinton students do that disrespected you and your fellow students? From what i saw they didnt do anything wrong.


Excellant season Pirates.


Matt's on his way to a great career, good job Joe & Kim....and Matt, You too Dan!


I wish the perkins girls the best of luck, ill be cheering you on when your down in columbus.




Congrats to the Perkins team, they played a very good game. It was fun to watch, you played very well everyone. Nice buzzer beater Bravard!!:)

Lady Lex is a rough team, and you proved to everyone that it wouldnt stop you from your goal's.

Cya at state ladies.


I agree that the girls have worked really hard this season. They really came together as a team. But maybe haveing freshman on varsity was to big of a strech, but i think they handled it very well. GOOD SEASON LANDYS


Well, districts are here and is Perkins playing? No. Fostoria owner the Pirates! I guess the whole SBC is overrated, except SMCC!


I believe the speedway in New York is called OSWEGO, there's no 'T' in it.


good for him! wont be long and he'll be at the JAKE!


Not so fast. The jump from AAA to the show is a big jump. Maybe in a few years. We will see............


Good Work!!! Stephanie---Loved seeing your picture in the paper. The article was also excellant reading (what a swimmer) you are. Keep up the good work!

Thanks to the paper for allowing the article to be on-line.

Aunt Janet