Ober did not say if FDLE would be off the case entirely; his news release indicated he would have no further comment.

Martin's parents, who were in Tallahassee for a news conference during which they said they'd lost all faith in Tunnell, welcomed the news. Tunnell is a former Bay County sheriff and the boot camp's founder.

"I'm happy," Gina Jones, Martin's mother, said. "They're coming around, slowly."

In a written statement, Tunnell said he supported Ober's decision and pledged the FDLE's assistance, should it be requested. He said he stood by the ethics of his conduct - and that of his staff - in the investigation.

"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 wrote. "It is vitally important that the focus of this case remain where it must be - and that is to determine the cause(s) of the untimely and tragic death of Martin Anderson."

Tunnell unsuccessfully opposed the release of a video that shows seven guards punching and kicking the boywhile a nurse looked on.

His mother said hearing that Tunnell and McKeithen were seen together at a Panama City restaurant days after her son's death did nothing to alleviate her concerns.

"If Guy Tunnell was investigating Martin's death, what were he and the Sheriff talking about?" she asked. "Finishing covering up Martin's death?"

FDLE Spokesman Tom Berlinger said Tunnell was in Panama City for the funeral of a retired Bay County deputy, Joe Coram.

Later Thursday, members of Florida's panel of black lawmakers seized on the raging debate over Martin's death to request $5 million for health care and mental health programs for the children placed in Florida's juvenile justice system.

Sen. Anthony Hill, a Democrat who represents Jacksonville, said 10,000 young people are currently in the juvenile system. Martin's is the most famous death, he added, but four others have died in recent years.

"If we don't get these programs in place, and the funding in place," Hill said, "there will be another tragedy in Florida."

Hill and other lawmakers applauded Ober's decision as a first step towards getting justice for Martin, but said that there was still a ways to go.

Martin's parents agreed. They have called for the arrest of the guards and the nurse, but almost three months after their son's death, no one has been charged with a crime.

"I want the governor to do something," Robert Anderson said. "I'm pretty sure that if it was me doing this to his son, I would have been locked up."

OTHER JUVENILE DEATHS

You can also view the video-taped incident at the Bay County boot camp and post your opinions on our online forum.Four other juveniles have died in recent years while in the custody of the Florida Department of Juvenile Justice.

Shawn Smith, 13, died Oct. 30, 2001 while in the custody of the Volusia Regional Juvenile Detention Center

Daniel Matthews, 17, died May 31, 2003 while in the custody of the Pinellas County Juvenile Detention Center

Omar Paisly, 17, died June 9, 2003 while in the custody of the Miami Dade Regional Juvenile Detention Center

Contact Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com.