Tuesday, December 11, 2007

Florida Boot Camp Case Goes to Jury

The Associated Press
Associated Press Writer
Oct 12, 2007
ABC News

Seven juvenile boot camp guards and a nurse either acted properly as
caretakers of a 14-year-old boy, or became frustrated and crossed a
line because he repeatedly refused to comply with their orders to run
laps around an exercise field.

Jurors in the manslaughter trial of the eight were to decide which
account of the teen's death was more plausible in deliberations set
to begin Friday.

Prosecutors say the eight neglected the boy by not meeting his
medical needs during an altercation captured on a surveillance camera
in the camp's exercise yard. They say the defendants killed Anderson
by covering his mouth and forcing him to inhale fumes from ammonia
capsules while striking him with their fists and knees.

"This case is about the failure of caregivers to provide Martin Lee
Anderson with the care that any prudent person would deem necessary
and essential to the well-being of a child," prosecutor Mike Sinacore
told jurors in closing arguments Thursday.

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

Prosecutors say the seven men and boot camp nurse Kristin Schmidt
continued to punish Anderson through compliance techniques even when
it became obvious something was seriously wrong the teen.

"They are manhandling this kid who is basically fluid in their
hands," prosecutor Scott Harmon said as he showed a segment of the 30-
minute video to the jury. "You may not hear anything coming out of
that video sound-wise, but that video is screaming to you in a loud,
clear voice, it is telling you that these defendants killed Martin
Lee Anderson."

The defendants saw Anderson as one of hundreds of juvenile offenders
who was simply refusing to comply with requirements when he collapsed
on his first day in the camp and wouldn't continue exercising,
defense attorneys said.

They say Anderson initially caught their clients' attention because
he used profanity.

"There was nothing to show that this was anything but a healthy, foul-
mouthed, out-of-control, young man who was malingering out on that
field," Jonathan Dingus, defense attorney for guard Henry McFadden,
told jurors.

Anderson died Jan. 6, 2006, when he was taken off life support, a day
after his altercation with the guards.

The defendants face as many as 30 years in prison if convicted of
aggravated manslaughter of child. Jurors could decide to acquit them
of manslaughter, but convict them of lesser charges including child
neglect or culpable negligence.

A defense attorney said convicting the guards would be like spitting
on troops fighting an unpopular war.

"They have not brought in one witness to say those tactics are
illegal. That those wrist bends, those knee strikes are improper,"
said Robert Sombathy, who represents guard Patrick Garrett.

If jurors found those tactics are wrong, every boot camp in the state
would be guilty of child neglect, he said. Florida ended its military
boot camp system last year because of the Anderson case.

Ashley Benedik, defense attorney for Schmidt, said the nurse did what
she could to assess Anderson's medical condition and that she could
not have foreseen Anderson was dying of an exertion sickle cell

Each of the defendants testified that ammonia capsules were used to
try to revive the boy. But Sinacore said they actually used the
capsules to try to force Anderson to comply with their demands to
keep exercising.

Sinacore told jurors that 16 minutes into the video, the men
continued to apply ammonia and use physical force on Anderson as he
became increasingly limp. Their actions continued for 10 more
minutes, he said.

"Physical force is applied in between and during the ammonia
applications even though (Anderson) clearly wants you to stop," he
said. "Finally medical action is taken when Martin Lee Anderson is in
a coma."

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