Crist Wants $5 Million For Boot Camp Death Settlement
PANAMA CITY, FLA---Saying it was the "right thing to do", Florida Gov. Charlie Crist asked state legislators Wednesday to authorize a $5 million settlement to the parents of 14-year-old Martin Lee Anderson who died of suffocation at a Bay County boot camp last January, allegedly at the hands of sheriff's officers.
Crist told the legislators that it was "real important that the state do the right thing and I think the right thing to do is honor their more than reasonable request. Justice delayed is justice denied".
If the legislators approve the request, the settlement would be among the largest ever paid in similar cases in Florida such as to wrongly imprisoned death row inmates. The family sued the Department of Juvenile Justice and the Bay County Sheriff's office for $40 million but their attorney, Benjamin Crump, told Crist in a letter than a $10 million payment would be a fair resolution with the state paying half and Bay County paying the remainder.
"Although we can never replace this young life, I am determined to justly compensate the family for their loss," Crist told the legislators. He has said that he will encourage Bay County official to match the state's $5 million settlement.
Prior to Crist's request, Hillsborough state attorney Mark Ober who is acting as a special prosecutor in the matter, released an enhanced video which showed the guards striking Anderson with fists, pinning him down and holding a white cloth over his face. More than 20,000 pages of evidence which exists in the criminal cases against the guards was also released.
Seven former guards at the now closed Bay County juvenile boot camp and a nurse have been charged with aggravated manslaughter in Anderson's death.
If convicted, the eight defendants could face up to 30 years in prison.
The initial autopsy conducted by Bay County medical examiner Dr. Charles Siebert, former Pinellas County ME, determined that Anderson had died from complications from sickle cell trait, a blood disorder.
But Anderson's family refused to accept Siebert's finding and charged that a cover up existed in the boy's death. Siebert continues to stand by his original determination.
After a videotape surfaced showing guards hitting and kneeing Anderson at the military-style facility while he was being restrained, they had the boy's body exhumed. A second autopsy conducted by Dr. Vernard Adams determined that Anderson had died by suffocation at the hands of sheriff's officials who had shoved ammonia capsules up the boy's nose, blocked the boy's mouth and forced him to inhale the ammonia that caused his vocal cords to spasm, blocking his airway.
In an incident report, the guards said they used the capsules five times on Anderson in order to get his cooperation.
Anderson was in his first day at the camp on where he had been sent as punishment for a probation violation Jan. 5 when he complained of breathing difficulties during exercises as part of the entry process into the facility. He collapsed and died after being hospitalized. The guards had said in an incident report that they had used the ammonia capsules to keep Anderson conscious.
Reports from the Bay County Sheriff's office said that Anderson was being restrained because he had resisted attempts to get him to complete the exercise and for being "uncooperative."
Guy Tunnell, commissioner of Florida's Department of Law Enforcement, resigned in late April. Tunnell and the FDLE were removed from the case after Tunnell allegedly sent an e-mail to Bay County Sheriff Frank McKeithen, his successor, stating FDLE's intention to withhold the video which showed Bay County sheriff's officers beating the defenseless teen. There is also reportedly an e-mail by Tunnell to the Bay County Sheriff stating that FDLE would oppose the release of the video to media organizations. When two state legislators asked to see the videotape of Anderson's beating, Tunnell retorted, "Ain't gonna happen".
Ober was named special prosecutor by Gov. Jeb Bush.
The FDLE was removed from the investigation after Ober learned of the e-mails and after Tunnell had had several meetings with Bush.
Following the findings of the second autopsy, in conflict with Siebert's, Crist, then Attorney General, had asked the Florida Medical Examiners Commission to investigate autopsies conducted by Siebert that may have contained "fundamental flaws" and that Siebert probably should be suspended pending further review of the Anderson case.
Last August, the three member probable cause panel of the Florida Medical Examiners Commission found that Siebert was negligent in performing at least 35 of 698 autopsies and found that he should be placed on supervised probation for the remaining 10 months of his contract.
The panel had recommended suspension followed by probation but the full commission ruled that Siebert had to retain and pay for his own supervisor until his contract expires on June 27. He remains in his $180,000 a year job. 3-15-07
© 2007 North Country Gazette
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