Just 2 Pages of Baxter's Testimony

Matt Westerhold
Mar 23, 2010

The Register news team has asked repeatedly, under the Ohio Revised Code public records law, for the invoices and expenses from attorney Margaret Cannon and retired judge Joseph Cirigliano Jr. for their work during the civil service hearings for fired police Chief Kim Nuesse.

I estimated their billable hours alone from the hearings would easily top $200,000. The entire cost of the Nuesse debacle that Matt Kline launched on city taxpayers likely already is approaching $1 million.

We also have asked for the opportunity to review and copy the transcripts of Erie County prosecutor Kevin Baxter's testimony that Cannon's firm used during the latter part of the prolonged hearing process.

These legitimate requests, under the ORC public records law, were not honored or handled by the city in any way resembling professionalism.

The attorney city law director Don Icsman hired to deal with this basic function had not even reviewed the public records law, in my opinion, or appear to have any understanding of it when he called me recently to discuss the requests.

But earlier this week I did receive a two-page photocopy of some of Baxter's testimony, and I thought I would share some highlights:

CANNON: Have you ever been investigated by the BCI (state Bureau of Criminal Investigation)?

BAXTER: You know, I think I have been.

CANNON: Could you tell us a little bit about that to the extent that there's public information?

BAXTER: Well, over the last 10 years, one reason, of course, is that unfortunately there was a fall-out in my family. It came about as a result of my mother's death, and a will contest and there was a lady by the name of Elsebeth Baumgartner who also more or less inserted herself in that unfortunate situation and made some very serious allegations. And when you're in that position that I'm in, you know, rightfully, wrongfully, but I would probably say rightfully, that someone outside here looks at those, not because of the credibility of the allegations, but simply because the allegations have been made. And, in fact, I knew it was going on because the editor of the paper was working at the Elyria Chronicle-Telegram years ago. Matt Westerhold called me ... and alerted me and indicated to me that the BCI had just been talking to him ... he assured me that he advised them that there was nothing to those allegations.   

Baxter did exactly as Cannon asked. He told "us just a little bit about it" and skated away whistling a happy song.

Baxter's memory of his conversation with me way back then is distorted and inaccurate, and his entire testimony at the hearings remains under wraps amid questions of credibility.

Meanwhile, state Attorney General Richard Cordray does his best to make sure the report of the estimated $100,000 BCI investigation of Baxter's alleged cocaine use never sees the light of day.





Baxter's credibility in this county is a big fat zero. All the negative things that were said about him and the Erie County Court system shows no one trusts them.

joe baumgartner

If you wanna hang out you've got to take her out, cocaine If you wanna get down, down on the ground , cocaine She don't lie, she don't lie, she don't lie COCAINE Credits to the great Eric Clapton Let's find out. There are depositions out there that will expose the truth. We just need to have them published. Then we will know the true meaning of falsification. Good evening, Joe

Julie R.

Wow! I didn't know there was a will contest after Baxter's mother's death. Does that mean the Probate Court ignored complaints from family members that the mother's Erie County attorney and Baxter were withholding and concealing her Will? Withholding and concealing a Will is a criminal offense. So is destroying a Will. The Erie County Probate obviously isn't aware of this law. So when was the (forged) Will filed? Two years after her death by Baxter's Sheffield Lake attorney buddies? Who was the (forged) Will signed by? Two honest and respectable Erie County attorneys and/or Erie County judges? Got some real serious issues going on in the Erie County Probate. No wonder Baxter said a forged Will is not a criminal offense.




Im wondering....I left a post last week blasting City Commissioner Dan Kaman for publicly saying that he is happy that people will be laid off from the city. I citicized him for VERY good reason. My post was removed because of personal attacks on Dan. Yet everyday I read Matt Westerhold blasting everyone from Matt Kline to well, anyone who doesnt believe the way he believes. Where were you Matt when Dan Kaman made these statements? I mean are you in agreement with him? Are you "happy" to hear that people may be losing their jobs? I didnt see any articles blasting Dan Kaman, OH WAIT, he is a Nuesse supporter thats why...Sorry Matt almost forgot. If there is ANYONE who sides with Kim, then they get a free pass from you and your cronies at the SR. I have to woneder how long THIS post will make it through the "Post Police". It is almost as thought Kaman, does not WANT to be re-elected by making these comments yet nothing from the register.....way to go, LET THE BIAS CONTINUE!!!


Also Matt, as for Matt Kline "launching" this trial, he did it because Kim felt she had the right to it and she did, so had he not "launched" you would have been all over him for that, so really no matter what, to you the only person who is right here is Kim herself, that about right Matt???


To joecitizen1: I believe Mr. Kamam said he was misquoted. (firelands411blogspot)

Nevertheless, why are you attacking Westerhold and the SR over the Nuesse case? What do you want them to print anyway----glowing reports on how the good 'ole boys were justified in spending a million dollars of taxpayer money to prove she was rightfully fired? How can they do that when every reason given was proven to be a lie? Face it, Mr. joecitizen, Sandusky is a laughingstock. Erie County's retired visiting judge scam at long last has turned into a laughingstock, too. But don't blame Nuesse. She was the VICTIM who deserves every penney she gets and then some!


To Julie R:

First off Kim Nuesse is NOT a victim!! Everything that is happening to her, she brought on herself. Second, Matt Westerhold is not being objective on this or anything else he has ever written. Matt is out to prove to Kim that he has some made up powers that can sway this trial in her favor...lol....if anything he has hindered any chances of her gaining a victory, by insulting the very judge that will make this decision. The entire SR staff has done nothing but attacked the entire city government with the exception of those who support Nuesse, i.e. Dan Kaman, who I have yet to hear say he was misquoted in anyway....Besides, why is it that when Dan Kaman says he was misquoted we are all supposed to drop to our knees and believe that he was misquoted, but when ever anyone who opposes Nuesse says they were misquoted for saying ANYTHING theyre liars?? So this is why I am so anti-westerhold...he has no defense..but nice try..


The Register ran a retraction saying they misquoted Kaman.


To joecitizen1: "Misquoting" a person means "to quote incorrectly". A "liar" is when "a person intentionly does not tell the truth". "Perjury" is a "voluntary violation of an oath: false swearing". You pick from the above, the people that testified, what was used in their testiomny. I am well aware of perjury that was committed in the Erie County Court system and nothing way done about it.

Julie R.

Sorry, joecitizen, but I speak from experience how CORRUPT Erie County is. In fact, maybe YOU should start to worry, especially since there are 2 Erie County judges that are part of Baxter's network. (and for the record it is NOT Tone or Delamatre)

I also know first-hand what low-down hyprocrites (and I do mean HYPROCRITES) two of the witnesses that testified against Nuesse are.

As for the SR insulting the judge that is to make the "decision" in the Nuesse case......first, I believe Cirigliano is making a recommendation, not a decision. Second, I don't know of anybody around that can't see right through Erie County's corrupt visiting retired judge scam. After all, they have been using it forever......all the way back to when Cirigliano "fixed" the Probate Estate of Mrs. Baxter.

Julie R.

To joecitizen1: Once again, I don't understand your comment that Matt Westerhold has hindered any chances of Nuesse gaining a victory........Why would a judge base a "recommendation" on a newspaper's opinion of the case? Aren't judges suppose to be UNBIASED and base their rulings on THE FACTS?


Hi guys,
I appreciate the concern which is been rose. The things need to be sorted out because it's not about the individual but it can be with everyone. Thanks
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I think that it's time for Matt Westerhold to file a Writ of Mandamus to the Supreme Court of Ohio so that the public can will have an opportunity to review the transcripts of Baxter's testimony.

Julie R.

Sure hope Erie County has some money left after the Nuesse case because they got ANOTHER lawsuit coming!


Hey Matt. Please do not give up just because the system is fighting you. I cannot believe all this conspiracy is going on. If everyone is clean, then what is the harm in letting everyone (taxpayers) know the truth. This cloak and dagger politics is supposed to be unacceptable. You know, like Obama says, "transparent." Why can we not see how tax dollars were spent during this entire hearing and during the BCI investigation? It is our money. They are supposed to be held ACCOUNTABLE. This is incredible. Why divert and hide everything? Why lie? People lie to cover up a WRONG. I need to know the truth. Is it out there?


To Julie R.:

I'm rather sure I know who you are speaking of about the up coming lawsuit. You're right, if we are speaking about the same issue, I'm sure Sams and the rest of the good ole boy network are in for a BIG SURPRISE!!!

John Doe

This just in: Kevin Baxter has filed a lawsuit in Erie County Common Pleas court against the Sandusky Register and Matt Westerhold.

Uhm...why didn't he just charge them with some criminal act like he did Elsabeth. Darn! Now there can be all kinds of evidence brought up at this trial!

It's going to get VERY interesting.

Julie R.

What a piece of scum Baxter is.

Julie R.

To OOSEVEN: My case has nothing to do with Sams and the SPD. It has to do with the scams this County pulled off to conceal fraud (and I do mean FRAUD) pulled off by my mother's attorney, some crook attorney from Lorain County, an insurance company and a Huron bank during the short time my mother was in a nursing home. Erie County didn't want it known because my mother's attorney was a retired Erie County judge.


YES!!!!!!!!!!!!!!!!!!!!!!! Now youve done it!!!!!


To: Julie R.....

Get a life..........


For some reason......We are unable to comment on Baxters suit against the Register. John Doe is right! For KB to win this suit, the things that have been written about him have to be disproven as being false or defamatory. The BCI will have to produce evidence to the contrary of cocaine usage, and everyone knows that he was investigated in his Mothers estate. Good job Matt, forcing Baxters hand. I just hope you don't turn out to be the "sacrificial lamb" in this whole mess. We all know this GOB system runs all the way to Columbus.........This is going to be very interesting.

Julie R.

Baxter and his terrorist buddies have had a lot of "sacrificial lambs" including Kim Nuesse.

Truth or Dare


Julie R.

Considering how tax dollars were used when old judge C. ruled in Baxter's favor in his mother's estate, I'm sure our tax dollars will be spent on this, also.


I wanted to comment on Baxters suit against the SR, but it no workee. I think you suckered him into this court battle to expose him. If so, good job! I like a fellow who thinks like that. And. Good Luck to ya.


Matt, make sure you get the Baxter brothers that were CHEATED out of the estate to testify on your behalf. I'm quite sure you won't have any problems getting people to come forward. Also I think it's great that the Register's attornies can object to the hand picked judge for a conflict of interest. I feel that this is just the tip of the iceburg with Baxter. Go get him Matt!!!