MELISSA NELSON
March 30, 2006

Associated Press

A special prosecutor investigating the death of a 14-year-old boy punched and kicked by guards at a juvenile boot camp removed the state's top law enforcement agency from the probe Thursday, citing concerns about e-mails sent by the agency's head regarding the case.

Mark Ober, Hillsborough County's state attorney, said an "independent law enforcement agency" would takeover for the Florida Department of Law Enforcement because he has concerns about recently disclosed e-mails sent by FDLE Commissioner Guy Tunnell.

Tunnell sent private messages to Frank McKeithen, a close friend and Bay County's sheriff. McKeithen's office runs the boot camp that the state is investigating in Martin Lee Anderson's death.

In the e-mails, Tunnell criticized those who questioned the effectiveness of the boot camp concept. Tunnell started Bay County's boot camp when he was sheriff. The e-mails with McKeithen and others also discussed FDLE's effort to withhold a video showing the guards' confrontation with the boy during a 30-minute encounter Jan. 5. He died a day later.

After two lawmakers asked to see the video, Tunnell wrote in an e-mail to department staffers: "Ain't gonna happen." The video was later released.

Ober, based in Tampa, said Hillsborough County Sheriff David Gee agreed to assist with the investigation.

"I have determined that it is in the best interest of this investigation that an independent law enforcement agency assist my office in completing this investigation," Ober said in a statement. His office declined further comment.

Tunnell offered Ober his agency's continued assistance and support.

"I express my regret for the unfortunate perception that has developed in recent days that may have caused there to be doubt about my personal integrity, and more importantly, that of my agency in regards to this critical investigation," he said in a statement.

Gov. Jeb Bush has said the e-mails, first reported by The Miami Herald, were inappropriate. He told The Associated Press he still has confidence in Tunnell, but he supported Ober's decision.

"Perception matters when you're dealing with sensitive investigations and the fact that Mr. Tunnell was the former sheriff of Bay County, then the e-mails, I think it was the right decision by Mr. Ober. It doesn't mean Guy has done anything wrong, it doesn't mean FDLE was derelict in its duties by any stretch of the imagination, that's completely false," Bush said.

Benjamin Crump, an attorney for Anderson's family, had said he believed Tunnell's e-mail exchanges compromised the investigation. He said that Ober's announcement was an encouraging sign for the family.

"I think it is a positive step on behalf of the governor and the prosecutor so that they can try and restore public confidence so people can believe the system is fair," Crump said.

Bush appointed Ober as special prosecutor for the case after the prosecutor for Bay County asked to be removed citing close ties with local law enforcement.

Medical examiner Dr. Charles Siebert ruled that Anderson died of complications from sickle cell trait, a common but rarely deadly blood disorder. He has repeatedly stood by his findings in the autopsy.

But a nationally known pathologist, Dr. Michael Baden, said after observing a second autopsy that Anderson likely was suffocated during the confrontation at the camp. Results of the second autopsy haven't been completed, but Ober's office has said that Anderson didn't die of natural causes.

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