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March 18, 2006

Pathologist: Teen couldn't breathe

Anderson probably died from lack of oxygen, Baden says

By Bill Cotterell

DEMOCRAT POLITICAL EDITOR

A pathologist who observed Martin Lee Anderson's second autopsy told a House committee Friday that the boy was probably "mostly brain dead" from lack of oxygen by the time guards at a Panama City boot camp put him on a stretcher.

Dr. Michael Baden, a New York physician who over the past 30 years has helped investigate hundreds of deaths of prison inmates and suspects in police custody, said the boy was healthy when he entered the boot camp. Pending the outcome of laboratory tests on more than 100 tissue samples taken Monday, Baden said he believed Anderson died because he could not breathe while being restrained and struck by officers. The incident was caught on the boot camp's security video system.

Rep. Gus Barreiro, R-Miami Beach, said it was "irresponsible" and "inexcusable" for the Bay County medical examiner, Dr. Charles Siebert, to insist that Anderson's death was caused by sickle cell trait. Visibly angered, Barreiro said he will call Siebert before the Senate Criminal Justice Appropriations Committee to justify his findings.

"It's clear to me that he died because of what happened on that video. He came into the boot camp healthy," said Baden, testifying by telephone from New York. "During the take-down and during the punishment phase, a number of things happened that caused bruises on his body. There were many blows to him."

Baden said he and State Attorney Mark Ober of Tampa, who was assigned to investigate the case by Gov. Jeb Bush, sat through the entire 12-hour second autopsy. He said he also consulted with Siebert, who cooperated in the inquiry.

"I stand behind my findings," Siebert said in a statement issued Thursday night. He said doctors sometimes disagree and that he welcomed "the opportunity to review the findings and conclusions of the second autopsy."

Barreiro said, "I would love to find out why he thinks the way he thinks" about his sickle-cell verdict.

"I want to ask him to come here. To me, it's irresponsible," he said. "For this individual, Dr. Siebert, to continue to say that is the cause of death for this young man, to me, is inexcusable."

Referring to the videotape of the Jan. 5 incident, Baden said guards held ammonia under Anderson's nose and put a hand over his mouth while restraining him after he refused to run laps with a juvenile troop. He said the boy was struck on his arms and legs and that pressure on his back after a "take-down" could have stopped his breathing.

"And remember, he's only 14 years of age, he's a child, he's 5-foot-11...." Baden said. "He looks like a rag doll, compared to the guards, who stand much taller than he is."

Black legislative leaders, the NAACP and the boy's parents have called for arrest of the guards involved in the incident. State Rep. Curtis Richardson, D-Tallahassee, has called for closing all juvenile boot camps in the state.

Baden said that after talking with Ober and other state officials, he does not believe there have been any attempts to thwart the investigation. He said he knew Anderson's family believes there has been a "cover-up" attempt.

"I don't think there's a cover-up," he said.

But unless the laboratory tests on tissues show otherwise, Baden said he believes the restraint and striking of the child doomed him before his limp body was put on a stretcher and taken to a hospital. He died the next day.

"With ammonia in his nose and hands over the mouth, and you can see that on the video, he can't breathe - he can't get oxygen," Baden said. "I think that when he leaves on that stretcher, he is already mostly brain dead. He's got a little bit of his brain that's functioning, but he's irreversibly brain-dead."

The Bay County boot camp is being shut down. But officials in some other counties believe they can play a key role, along with education, drug treatment and family counseling for teenagers.

Several sheriffs, boot-camp teachers and counselors and a couple of former boot-camp inmates from Polk, Manatee and Martin counties vouched for the system - which they said involves much more learning and counseling than calisthenics and discipline. Martin County Sheriff Bob Crowder said the Bay County incident will lead to reforms in training and standards throughout the system.

"The death of Martin Lee Anderson has hit the juvenile-justice system in Florida like a thunder clap," Crowder said.

"We have to learn lessons from this," Barreiro said.

ON THE WEB

To see the videotape of the guards hitting and restraining Martin Lee Anderson, go to www.Tallahassee.com.

Contact Bill Cotterell at

(850) 671-6545 or bcotterell@tallahassee.com.

 

Originally published March 18, 2006

 

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