Sunday, October 14, 2007

Boot camp staff cleared of killing teenager

October 13, 2007
By Tom Leonard

Seven former boot camp guards and a nurse have been acquitted of manslaughter concerning the death of a 14-year-old boy who was hit and kicked in a videotaped altercation.

Martin's mother, Gina Jones (centre) stormed out of the courtroom after the verdict

An all-white jury took about 90 minutes to clear the defendants of killing Martin Lee Anderson, a black teenager who collapsed while running laps on his first day at the camp in Florida.

Prosecutors said the guards – who are white, black and Asian – neglected Martin by ignoring his medical needs and suffocated him by forcing him to inhale ammonia.

In the video, shown repeatedly during the trial in Panama City, Florida, the guards could be seen striking the boy with their fists and knees.

They also dragged him around the military style camp's exercise yard and forced him to inhale ammonia capsules in what they said was an attempt to revive him. The nurse stood by and watched.

Martin's mother, Gina Jones (centre) stormed out of
the courtroom after the verdict

The verdict came shortly after the publication of a US Congress report which catalogued widespread brutality, including the deaths of at least 10 children, in such camps.

Martin's mother, Gina Jones, stormed out of the courtroom after the verdict. The family had long sought a trial after they alleged that authorities initially tried to cover up the death in January 2006.

The incident sparked outrage and prompted Florida lawmakers to close down all military-style juvenile camps.

Acquittals in boot camp death ignite protests









October 13, 2007
By Brent Kallestad

TALLAHASSEE, Fla. — Justice was denied when the defendants in the Martin Lee Anderson manslaughter trial were acquitted in Panama City by a jury that needed only 90 minutes to decide, black lawmakers said Friday.

The acquittals ignited street protests in the capital that disrupted rush hour traffic.

By mid-afternoon, about 200 people — many from the historically black Florida A&M University nearby — were protesting the acquittals outside the Capitol, about 120 miles from Panama City.


Protestors walk arm in arm down a Tallahassee street
protesting the verdict in the Martin Lee Anderson case
on Friday.

The group then moved to a busy downtown intersection and sat down in the street, disrupting traffic.

"No justice. No peace!" they chanted.

The group first ignored pleas to not block traffic from two of the community's black leaders, Tallahassee Mayor John Marks and Florida A&M President James Ammons.

"I ain't going nowhere," responded Danyell Shackelford, a 23-year-old Florida State University student and Army veteran who served in Kuwait. "That's not what you sent me to war for."

But later, facing the prospect of arrests for blocking traffic, the protesters agreed to disband, but with a condition.

"Give them one week for the United States attorney to meet with us," FAMU student Phillip Agnew, 22, of Chicago told the protesters. "And give us a timeline for when some charges will be filed — or we will be back."

Black lawmakers in town for special sessions on a budget cut and property taxes, were upset that no blacks were included on the jury.

"All white jury. Why in Bay County?" asked Rep. Joyce Cusack, D-DeLand. "One of the most prejudiced areas in this state and I don't apologize for saying that. Here we are in the year 2007 that we still, we still are not treated fairly and with dignity."

Sen. Al Lawson, D-Tallahassee, echoed the comments.

"I didn't think that you could get a conviction in Bay County, and my assumption was correct," he said.

"It's almost if they've declared open season on black boys in Florida," state Sen. Frederica Wilson, D-Miami, said.

"Ninety minutes of deliberation for a child's life, a child who we saw beaten to death on videotape over and over again?" asked Wilson. "That's un-American. That is racist, discriminatory, bigotry."

However, officials from the Department of Justice in Washington and U.S. Attorney for the Northern District of Florida announced they were reviewing the state's prosecution.

"I certainly hope there will be another option," said Rep. Frank Peterman Jr., D-St. Petersburg. "A higher court of law will judge this case at another level (so) that we will get real justice that will happen really soon."

Gov. Charlie Crist said he had already been informed by the Justice Department that it plans to review the case.

The Legislature, with Crist's encouragement, agreed to pay Anderson's family $5 million earlier this year to settle civil claims.

"I don't know what type of message that Bay County is trying to send to the state of Florida and to the rest of the country, but certainly this is not justice," said Rep. Terry Fields, D-Jacksonville.

"Poor Martin, there's no justice for him," Wilson added. "I'm just hoping the federal government now will take over the case, do further investigation because his civil rights and everything else was abridged in this."

Acquittal Fits the Pattern in Boot Camp Deaths






October 12, 2007
By Patrick J. Lyons

It took only 90 minutes today for a jury in Panama City, Fla., to decide that the juvenile boot-camp instructors who beat, kicked and kneed a 14-year-old boy, Martin Lee Anderson, were not guilty of killing him. A nurse at the camp was acquitted as well.
Press reports have noted that the jury was all white and the boy was black, and suggested that there was a racial element to the decision. (Some of the defendants were white, some black, and one was Asian.)

There was also conflicting medical testimony presented at the trial, with some witnesses saying that sickle-cell disorder — and not the actions of the guards and the nurse, which were seen in court in surveillance videotape from the camp — was the main reason the boy collapsed and died.

Even so, the jury’s decision fit with a longstanding pattern: When a youth who has been sent to one of these programs dies or is badly abused, the odds are that no one will be held responsible.

Just this week, a federal government report came to that conclusion after studying hundreds of complaints of abuse, torture, horrific conditions and deaths at juvenile boot camps, as Diana Jean Schemo wrote in The New York Times on Thursday:

The report, by the Government Accountability Office, the investigative arm of Congress, examined the cases of 10 teenagers who died while at programs in six states, finding “significant evidence of ineffective management” and “reckless or negligent operating practices.” The report detailed evidence that teenagers were starved, forced to eat their own vomit, and to wallow for hours in their own excrement.

In one instance, a boy was so dehydrated that he ate dirt to survive, according to witnesses and an autopsy.

Investigators also found that owners and employees were seldom sent to prison, even when teenagers died in their care. Five of these programs are still in operation, some under new names or in other states.

The G.A.O. report, which refers to the boot camps as “residential treatment programs” for “troubled youth,” is posted in its entirety here (pdf) and summarized here (html).

As Ms. Schemo reported, the boot-camp industry has insisted for years that accusations of mistreatment and worse are, in the words of a trade group, “the noisy complaints of a few individuals.” (The trade group doesn’t call them boot camps, either, at least in its name: the National Association of Therapeutic Schools and Programs.)

The noise has sometimes made a difference. When past incidents, like the death of 16-year-old Aaron Bacon in Escalante, Utah, in 1994, broke into public view, some states moved to shut down the worst operators, step up oversight of the camp programs and improve conditions in them, and the Anderson case has spurred such an effort in Florida. But in other states, the camps remain completely unregulated, and critics say it is only a matter of time before the next Aaron Bacon or Martin Lee Anderson hits the headlines.

Guards, nurse acquitted of manslaughter in boot camp case







October 12, 2007
The Associated Press

PANAMA CITY, Florida: Eight former boot camp workers were acquitted of manslaughter in the death of a 14-year-old boy who was videotaped being punched and kicked. The scene sparked outrage and changes in the Florida juvenile system, but it took jurors just 90 minutes to decide it was not a crime.

Anger over the verdict was obvious outside the courtroom Friday, where bystanders screamed "murderer" at former guard Henry Dickens as he described his relief at the verdict.

Martin Lee Anderson died a day after being hit and kicked by Dickens and six other guards as a nurse watched, a 30-minute confrontation that drew protests in the state capital and spelled the end of Florida's system of juvenile boot camps.

"I am truly, truly sorry this happened. Myself, I love kids," said Dickens, 60. He added that Anderson "wasn't beaten. Those techniques were taught to us and used for a purpose."

The defendants testified that they followed the rules at a get-tough facility where young offenders often feigned illness to avoid exercise. Their attorneys said that Anderson died not from rough treatment, but from a previously undiagnosed blood disorder.

The boy's mother, Gina Jones, stormed out of the courtroom. "I cannot see my son no more. Everybody see their family members. It's wrong," she screamed.

"You kill a dog, you go to jail," said her lawyer, Benjamin Crump. "You kill a little black boy and nothing happens." He spoke outside court, which is across the street from the now-closed Bay County boot camp.

Anderson's family repeatedly sat through the painful video as it played during testimony. They had long sought a trial, claiming local officials tried to cover up the case. The conservative Florida Panhandle county is surrounded by military bases and residents are known for their respect for law and order.

The guards, who are white, black and Asian, stood quietly as the judge read the verdicts. The all-white jury was escorted away from the courthouse and did not comment.

Special prosecutor Mark Ober said in a statement he was "extremely disappointed," but added, "In spite of these verdicts, Martin Lee Anderson did not die in vain. This case brought needed attention and reform to our juvenile justice system."

The defendants would have faced up to 30 years in prison had they been convicted of aggravated manslaughter of child. The jury also decided against convicting them of lesser charges, including child neglect and culpable negligence.

Officials from the Department of Justice in Washington and U.S. Attorney for the Northern District of Florida announced they were reviewing the state's prosecution. Defense attorneys, however, said they considered a federal civil-rights case to be unlikely.

Aside from hitting Anderson, the guards dragged him around the military-style camp's exercise yard and forced him to inhale ammonia capsules in what they said was an attempt to revive him. The nurse stood by watching.

Defense attorneys argued that the guards properly handled what they thought was a juvenile offender faking illness to avoid exercising on his first day in the camp. He was brought there for violating probation for stealing his grandmother's car and trespassing at a school.

The defense said Anderson's death was unavoidable because he had undiagnosed sickle cell trait, a usually harmless blood disorder that can hinder blood cells' ability to carry oxygen during physical stress.

Closing Arguments Underway In Boot Camp Trial









(CBS4)

October 11, 2007


BAY COUNTY Closing arguments are underway in the trial of seven guards and a nurse charged in the manslaughter death of a boy at a Florida boot camp.

During his time before the jury, the prosecutor argued that the guards and nurse ignored common sense and good judgment in an altercation with 14-year-old Martin Lee Anderson. A 30 minute video tape of the altercation shows that guards repeatedly hit, kneed and dragged Anderson around after he collapsed while running laps at the camp. The nurse stood by watching.
Martin Lee Anderson's mother,
Gina Jones

Wednesday, Anderson's mother, Gina Jones, left the courtroom in tears as a camp guard described how he had hit the boy. Also, the judge in the case banned the boy's father from the courtroom after he made noises throughout the trial.

The case helped prompt Florida to close its juvenile boot camps.

The camps were designed to discourage juvenile offenders from becoming adult felons.

In Washington D.C., House panel has begun looking into charges of child abuse and neglect at residential treatment facilities, or boot camp facilities, across the nation.

Testimony is expected from parents whose children have died in boot-camp programs. The lawmakers will consider whether the privately run facilities should fall under federal regulation.

Boot Camp Trial - Day Six of Testimony - A Long Day in Court

WJHG News Channel 7
Oct 11, 2007
Reporter: Kristen Berset

Last Day of Boot Camp Testimony

Jurors in the Martin Lee Anderson boot camp case heard the final testimony Wednesday, including 2 key medical experts who say Anderson died of natural causes. It was another emotion packed day.

It was a day filled with drama at the trial of 8 former Bay County Boot Camp employees charged in the death of the 14 year old Anderson. Presiding Judge Michael Overstreet warned the audience several times about making comments and noises. He then ordered several out of the courtroom.

"There's been complaints that ya'll have been making noises through this trial. I've gotten them again this morning. I gave you a fair warning yesterday. Do Not return to this courtroom."

One of those banned from the courtroom Wednesday afternoon was Anderson's father, Robert Anderson. Earlier that morning Martin Anderson's mother, Gina Jones, left the court room sobbing as a former Drill Instructor described striking the teen's arm.

Defendant, Joseph Walsh the second, was taken to Bay Medical Center after suffering a panic attack. But after a short recess, the defense called it's key witness to the stand.

"Dr. Seibert what is Anderson cause of death?" “He died from complications of sickle cell trait."

Interim Bay County Medical Examiner Dr Charles Siebert performed the initial autopsy on Anderson the day after he died.

"Did holding ammonia to his nose and a hand over his mouth and forcing him to breath contribute to his death? No it did not"

Sieberts findings have been widely criticized, "It's about the truth. You are trying to protect your reputation - your career.” “No Sir, My reputation and career in this state is in the trash."

So much so the state asked for another autopsy performed by Dr Vernard Adams of Tampa. And after Adams reported that Anderson died from suffocation by the drill instructors, Dr. Siebert says he was asked to meet with Adams, state prosecutor Pam Bondi, the Anderson’s and their civil lawyer Benjamin Crump.

"As soon as I walked in they said so you ready to change your death certificate? I said not with the evidence I have seen, I'm not. Then discussion continued with Dr. Baden, Ms. Bondi and Mr. Crump and they told me it'll be okay. We'll just say you didn’t have all the information at the time."

But Dr. Siebert stood by his findings.

"If not for sickle cell trait would Anderson have survived the boot camp that day?” “ Yes"

And so does Sickle Cell expert Dr Randy Eichner from the University of Oklahoma.

"In your opinion did Martin Lee Anderson die as a result of sickle cell exertion collapse?" “Yes.”

”How certian are you?” “As close to 100% as you can be in medicine."

The testimony phase of the trial ended Wednesday night after a very long day in the court room.

Court resumes Thursday at 10 am for closing arguments.

MARTIN LEE ANDERSON: Boot Camp Trial Day 7

WMBB News 13 - Florida
Thursday, Oct 11, 2007

Martin Lee Anderson: Full boot camp trial coverage

Panama City, FL - Closing arguments take place today in the case against eight former boot camp employees.

Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck, Charles Helms, Henry McFadden, Kristin Schmidt, and Joseph Walsh are charged with aggravated manslaughter of a child after the January 2006 death of a juvenile offender.

Martin Anderson, 14, died the day after he collapsed during exercises on his first day at the Bay County boot camp. If convicted, the defendants face up to 30 years in prison.

The defense rested its case as testimony ended Wednesday night about 7:30 p.m.

After the defense rested, Judge Michael Overstreet told the jury they deserved some rest, so he said court would begin today at 10:00 a.m. Closing arguments are the only event scheduled.

Before closing arguments began, Judge Overstreet explained one of jurors had fallen ill, and attorneys had agreed he should be released to seek medical treatment. He also stated defendant Joseph Walsh, who had to be taken to the hospital after become sick yesterday, would not be in court today as a result.

Mike Sinacore began closing arguments for the prosecution. "By 1:52 a.m. January 6, 2006, Martin Lee Anderson was dead. But he really died January 5th. He died at the hands and under the care of the defendants," Sinacore told jurors.

He said this case isn't about Bay County versus Hillsborough County. He told the jury this is about the jury giving their best effort to reach a decision.

Sinacore then proceeded to show the jury clips from the surveillance video of the Anderson incident, including all three ammonia capsule applications the prosecution says helped suffocate the teen.

He also presented a timeline of the incident, along with some of the definitions of child neglect and culpable negligence.

Sinacore was still presenting arguments at 12:15 p.m. "It’s not a coincidence that right at the time ammonia had been applied for 5 minutes, after ammonia had been applied two previous times … that all those things combined, it just so happens that the culmination of one ammonia application after another was that Martin Lee Anderson happened to go into a coma after his first sickle cell collapse. If you don’t believe they didn’t contribute to the death, that’s what you have to believe," Sinacore told the jury.

Court broke for lunch at 12:45 p.m. and resumed at 1:45 p.m. Sinacore spoke for a few minutes, ending by asking the jury to consider all the evidence and find the defendants guilty as charged.

Bob Sombathy began speaking for the defense around 1:50 p.m. Sombathy pointed out that Dr. Vernard Adams, the Tampa medical examiner who says Anderson died from suffocation at the hands of the defendants, admitted under oath that the medical evidence did point to sickle cell collapse, but he used the video tape to come to his conclusion.

Around 2:30 p.m., Jonathan Dingus took over for the defense. "The doctors at Bay Medical and Sacred Heart didn’t even know he had it. If they didn’t catch it, how can you expect these men and this woman to know what exertional sickle cell attack is?" Dingus asked the jury.

Defense attorney Bob Pell, who repesents Walsh, began at about 2:45 p.m. He pointed out the contradictions between Dr. Adams' testimony and that of Dr. Randy Eichner, a hematologist and sickle cell expert who was the defense's last witness.

"Dr. Adams says it’s common sense, if you’re blocking part of the mouth, you’re blocking part of the airway. Dr. Eichner says take a deep breath through your nose, take a deep breath through your mouth. It’s the same volume... That’s a red herring. He could’ve run that with masking tape over his mouth and still gotten air," said Pell.

Schmidt's lawyer, Ashley Benedik, and Jim White also addressed the jury.

Waylon Graham, who represents Helms, then talked about the publicity surrounding the case.

Walter Smith and then Hoot Crawford ended closing arguments for the the defense. Crawford reminded the jury that justice could be served by a not guilty verdict. His closing arguments ended with a video showing clips from testimony given during the trial.

The prosecution was allowed the chance to present a rebuttal closing argument. Prosecutor Scott Harmon said the defendants are not the victims in this case.

"That 14 year old boy is never going to grow up, he's never going to do the thing everyone else has done," said Harmon.

Closing arguments ended around 7:00 p.m. The judge then dismissed the jury and asked them to return at 9:00 a.m. The jury will be given their instructions and allowed to deliberate.

Martin Anderson's father was present for closing arguments. Robert Anderson had been in a group of several people ordered out of the courtroom by the judge yesterday for making comments during testimony. Court officials say Judge Overstreet has allowed Robert Anderson to return to the courtroom for the rest of the trial, but he is the only one of the group allowed to do so.

Former Bay County Sheriff and former Florida Department of Law Enforcement Commissioner Guy Tunnell was in the audience today. Tunnell founded the boot camp in 1994 when he was sheriff. Tunnell resigned from the FDLE in April 2006 after it was revealed he made comments about civil rights leaders who were protesting Martin Anderson's death.