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New autopsy blames guards in camp death

Contradicting a previous medical exam, the report says the boy died from suffocation at a state boot camp, not from a blood disorder.

By ABBIE VANSICKLE and ALEX LEARY
Published May 6, 2006

TAMPA - The results of a second autopsy show Martin Lee Anderson died of suffocation at a Panama City boot camp after he was forced to inhale ammonia fumes while someone held his mouth shut.

Hillsborough County Medical Examiner Vernard Adams blamed the 14-year-old's death on the actions of boot camp guards, contradicting another medical examiner who previously ruled the teen died of complications from a blood disorder.

Adams concluded the ammonia fumes caused the teen's vocal cords to spasm, shutting off his airway and killing him. Adams did not provide details about how the ammonia was used, but a pathologist who observed the autopsy has said guards forced a capsule up his nose.

The second autopsy, performed at the request of state officials, prompted strong reactions from lawmakers and the boy's family.

"It reflects what a lot of people that saw the tape would think," said Gov. Jeb Bush. "I'm not a doctor, but clearly, I think that asphyxiation was a more logical conclusion.''

Bush called the actions of the boot camp guards "deplorable."

"The truth is out,'' said Martin's mother, Gina Jones, 36. ""We all knew how Martin passed away. So I'm relieved and happy today. It's a beginning. Justice needs to be served.''

It's likely the debate over the teen's death is far from over. The criminal investigation is not yet complete, and no charges have been filed.

The Bay County medical examiner stood firm in his conclusions about the teen's death, publicly questioning Adams' findings. Bay County law enforcement officials remained silent on the matter.

The case has angered many in the state capital, including the governor, legislators from around the state and university students who have rallied in support of the teen's family.

"It's tragic, it's sad, it's horrific,'' said state Attorney General Charlie Crist.

The autopsy results came on the final day of the state legislative session, just hours before the Legislature signed off on its $71-billion spending plan, which eliminates boot camps in favor of a less militaristic approach.

"It's been a long journey. This family has been through so much ... losing a child, going through a second autopsy, having to endure a coverup ... just to get to a simple truth. A simple truth that we all knew the first day we saw that videotape,'' said Anderson family attorney Ben Crump, who appeared with the boy's parents at his office in Tallahassee.

Anderson collapsed and died on his first day at the boot camp run by the Bay County Sheriff's Office and the Department of Juvenile Justice. Questions about his death gained momentum when a videotape showed guards roughing him up at the camp. After the local medical examiner ruled the death natural, Bush appointed Hillsborough State Attorney Mark Ober to investigate the matter.

Rep. Gus Barreiro, who helped expose the scandal after seeing the video and then describing it to the news media, said the autopsy "brings some closure to this sadness.'' He echoed demands for swift action against those responsible.

"You have to send a strong and loud message across the state to people who deal with kids that if you do such a thing, there will be a consequence,'' said Barreiro, R-Miami Beach.

"It's tragic, it's sad, it's horrific,'' said state Attorney General Charlie Crist.

As state lawmakers questioned the motives and actions of officials in Panama City, Bay County Medical Examiner Charles F. Siebert Jr. called journalists throughout the state to defend his work.

He called Adams' findings "stunning."

"It was a little shocking," he said. "I had been hoping the delay in coming out with his findings was he was going to be agreeing with me."

Siebert maintains the teen died from complications of sickle cell trait, a blood disorder, possibly triggered by rigorous exercise and stress.

He said he ruled out suffocation because of the low level of carbon dioxide in Anderson's body. If the teen had suffocated, Siebert said, he would have had high levels of carbon dioxide in his system because he wouldn't have been able to breath out. Any "second year medical student" would have ruled out suffocation, he said.

He said he doesn't believe ammonia capsules contributed to the teen's death. The amounts contained in the pills are too small to cause that much harm, he said.

"A lot of the problems they had in the past were kids malingering or basically faking," he said. "It's an irritant to the nose, so that's how they can tell if they're faking."

Anderson's mother laughed when told Siebert was standing by his initial report. "Right now I just want to see the expression on his face. My baby was murdered in the boot camp and he tried to cover it up," she said.

So, does one autopsy trump another?

Ober's office declined to comment on the investigation, and Dr. Michael Baden, a well-known pathologist who observed the autopsy, could not be reached for comment. Siebert said he thinks the state Medical Examiners Commission could get involved to resolve the dispute.

The Bay County Sheriff's Office is not talking about the incident until Ober finishes the criminal investigation, sheriff's Sgt. Mark Tochterman said. Sheriff Frank McKeithen hopes the case is "coming to an end soon," Tochterman said.

If the guards are charged, there is a wide range of possible sanctions, legal experts said.

"I'd be surprised if (Hillsborough prosecutor) Mike Sinacore doesn't charge this as a felony murder,'' said Tampa defense lawyer Lyann Goudie, a former prosecutor.

Goudie said her thought after hearing the cause of death was that the charge would be second-degree murder because, while it showed "depraved indifference to human life,'' there was a question about premeditation. But, said Goudie, when she thought about it more, "and how many cops beat up on that kid,'' she reconsidered.

With felony murder, said Goudie, aggravated battery or aggravated child abuse doesn't have to be the cause of death. If the death occurs while it's happening, that's enough.

Defense lawyer Rick Terrana said he had no doubt there would be criminal charges.

"At the very least, manslaughter charges because of obvious culpable negligence,'' Terrana said. "But it could rise to second-degree murder or even felony murder if aggravated battery is involved.''

He added: "You can be sure of one thing. The state attorney will charge the highest offense possible.''

Times staff writer Meg Laughlin and researcher Caryn Baird contributed to this report. Abbie VanSickle can be reached at 226-3373 or vansickle@sptimes.com.

[Last modified May 6, 2006, 06:57:36]