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© St. Petersburg Times, published February 7, 2002
STARKE -- Boot marks found on the neck and abdomen of Frank Valdes could have been those of corrections Sgt. Charles A. Brown, but no one can be sure, a state expert testified Wednesday.
The marks, found during the July 1999 autopsy of Valdes, have become a signature element in the state's case against Brown and two other prison guards on trial on charges of second-degree murder, battery, official misconduct and other charges.
John C. Wilson, a Florida Department of Law Enforcement expert on fingerprints, shoe tracks and tire marks, said he examined 17 pairs of boots and determined that a pair belonging to Brown "could be" the ones that made the marks on Valdes' body.
The comparison was done using circular patterns from the sole of the boot, a size 14 with the brand name Magnum. The 17 pairs were taken from the homes of six guards who were on duty when Valdes was "extracted" from his cell on July 17, 1999, taken to the clinic at Florida State Prison and later found dead in another cell.
Medical experts have testified that Valdes, a 36-year-old death row inmate, was stomped to death. Also on trial is Capt. Timothy Thornton, who was in charge of Florida State Prison on the day Valdes died, and corrections Sgt. Jason P. Griffis. A fourth guard, Sgt. Andrew Lewis, initially was a defendant but was split from the case and will stand trial later.
According to testimony from a former guard, Brown was seen kicking Valdes during the cell extraction. But other testimony has indicated that Valdes was not seriously injured in that confrontation. Prosecutors contend his fatal injuries came during a beating at the hands of prison guards in the afternoon, but there is little testimony placing Brown near Valdes' cell then. In addition, defense attorneys seized on the uncertain nature of Wilson's findings. Under questioning Wednesday from Brown's attorney, Ted Curtis, Wilson conceded that the boot identification was not a sure match. He could not rule out the possibility that the prints might have come from one of three other guards whose boots were never examined. He couldn't tell the size, nor could he say the marks "probably" or "likely" belonged to Brown.
The boot evidence was the subject of considerable debate and legal wrangling. Earlier Wednesday, Circuit Judge Larry G. Turner of Gainesville initially decided the jury should not hear from Wilson, saying he was troubled that the marks could have been made by guards other than Brown. But after a strong push by prosecutors, Turner relented, saying, "I will trust the ladies and gentlemen of Bradford County to properly weigh the evidence."
Prosecutors planned to rest their case today after taking jurors on a second field trip to a prison. The jurors will see a prison expert detonate a chemical grenade like the one the defense says was used to try to subdue Valdes on the morning of the extraction.
Defense lawyers say Thornton threw such a grenade into Valdes' cell after Valdes threatened a corrections sergeant and refused to be handcuffed so guards could search the cell. When the grenade failed to go off, it became a weapon for Valdes and the justification for the extraction, according to the defense.
Prosecutors contend, however, that the grenade is a fabrication by guards who entered the cell to punish Valdes. They expect the demonstration to show that throwing the grenade into the cell was implausible, when all Thornton had to do was place it outside the cell bars.
Said Spencer Mann, an investigator for the State Attorney's Office: "It doesn't make common sense."
Earlier in the trial, the jury was taken to Florida State Prison to see Valdes' cell.