TAMPA - A nurse and seven drill instructors, charged in the death of a 14-year-old who collapsed at a Panhandle boot camp, will have a hard time avoiding prison, several local attorneys surmised when asked about the case.

"I think it would be very foolish of them to go to trial," said Clearwater lawyer Bjorn Brunvand.

If Brunvand were representing the nurse or any of the instructors, he said he would recommend entering plea agreements with prosecutors. If convicted of aggravated manslaughter in Martin Lee Anderson's death, each faces up to 30 years in prison.

At first glance, several factors seem to help the defense:

•An initial autopsy concluded Anderson died of natural causes, complications of sickle cell trait. It took a second autopsy to conclude Anderson suffocated when instructors stuffed ammonia capsules up his nose.

•With eight defendants, many are likely to blame one another.

•Not all the defendants physically touched Anderson.

Far outweighing any factors that might aid the defense is a surveillance video, widely distributed in state and national media, the local attorneys said. The tape shows drill instructors using force on Anderson while the nurse watches.

St. Petersburg lawyer Pat Doherty said that if the case does go to trial, it is possible defense attorneys will mention the conflicting autopsy reports.

"The initial findings are so improbable, you're going to have a hard time with that," he said. "People all over the country said, 'What? You beat the hell out of him and he died of sickle cell?' "

At least one lawyer, already representing a drill instructor, scoffed at Doherty and Brunvand's theories.

Waylon Graham, who represents former boot camp Lt. Charles Helms Jr., said prosecutors have to prove gross negligence to convict on a manslaughter charge. Minor acts of negligence will not result in a conviction. Gross negligence, he said, is akin to speeding 100 mph through a school zone.

The videotape, he said, shows one instructor using a "karate-type" maneuver to Anderson's forearm while trying to force Anderson to unfist his hand. A second instructor uses his knee on Anderson's thigh to force him to the ground, Graham said. No one kicked or punched Anderson, he said. No weapons were used.

The tape does not show the beginning of the confrontation, Graham said, where Anderson acts belligerent, curses at the instructors, refuses to exercise and balls his fist.

Most importantly, Graham said, the drill instructors were working under the instruction of the nurse, Kristin Schmidt. Had she done her job - assessing Anderson's condition - the instructors would have known Anderson was in danger, Graham said.

Doherty, however, cautioned against a defense strategy that involves admitting any of them was negligent.

"That's a dead-bang loser: to point the finger at someone who is on trial with you," Doherty said.

Usually that is true, Graham said, but not in this case.

"Here, I think, it was pretty straightforward that these seven guards took the advice of this one nurse," he said. "She checked the kid out and said his vitals were normal, he was not in medical distress, and he was faking."

Tampa defense lawyer Steve Crawford suggested the nurse might have the easiest defense.

"Obviously, the ones that are caught on videotape actually pummeling the young man are going to have a much more difficult time than those standing on the sides," he said. "The most obvious example is the nurse who appears to be standing off to the side with her hands on her hips and at no time during the videotape ever touches the child."

Graham again disagrees.

"That was part of the problem," he said. "She was hands-off and not doing her job."

The attorney for the nurse was in trial on another case most of Wednesday and did not return calls.

The Bay County case is being prosecuted by the Hillsborough County State Attorney's Office because of conflicts of interest in the Panhandle.

All seven drill instructors - Helms, Patrick Garrett, Joseph Walsh II, Charles Enfinger, Henry McFadden, Jr., Henry Dickens and Raymond Hauck - and the nurse, Schmidt, turned themselves in to authorities. Each is free on $25,000 bail. Arraignment is scheduled for Jan. 18.

Benjamin Crump, the Anderson family attorney, said the family hopes for a quick prosecution and prison time for all eight defendants.

"They understand it's going to be a battle," he said. "There's no guarantee of a conviction in Panama City. But I think there's enough evidence there to support a conviction."

WFLA News Channel 8 reporter Samara Sodos contributed to this report. Reporter Thomas W. Krause can be reached at (813)259-7698 or tkrause@tampatrib .com.

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