March 18, 2006

JUVENILE JUSTICE: Boot-Camp Death May Unlock Funding

The death of Martin Lee Anderson could be the tipping point to help Florida's juvenile-justice programs receive more money and provide better care.

By Marc Caputo

Regardless of whether it will result in arrests or convictions, Martin Lee Anderson's death has left a legacy: It was a painful reminder that Florida's juvenile-justice system remains plagued by problems, lawmakers and others say.

State lawmakers are analyzing whether Florida should have juvenile boot camps at all, what kind of treatment they should provide and whether the budget for the Department of Juvenile Justice (DJJ) for next year is sufficient. Nearly everyone involved -- including lawmakers -- agrees that the $670 million to run DJJ is not enough to provide quality care.

''The death of Martin Lee Anderson has hit the juvenile-justice system in Florida like a thunderclap. It has drawn our attention more to what we're dealing with here,'' Bob Crowder, sheriff of Martin County, which runs the state's most successful boot camp, said Friday.

''There has been a lot of lip service, and support and encouragement, but it hasn't been reflected in the state's budget,'' Crowder told the House Criminal Justice Appropriations Committee, which is in charge of funding DJJ.

Neither Crowder nor the lawmakers blame Martin's death on a lack of money. The teen was kneed, punched and manhandled by Panama City boot camp guards hours before his Jan. 6 death, which is under investigation.

SECOND AUTOPSY

His death, blamed in the original autopsy on natural causes related to sickle-cell trait, cast a spotlight on the entire system, and led this week to a second autopsy. The Hillsborough County State Attorney's office said the second procedure showed the youth did not die of sickle-cell trait or other natural causes.

The head of the state's Democratic Party, Karen Thurman, said Friday that the party supports the effort of black lawmakers, who for weeks have been calling for the arrest of the guards and punishment for Dr. Charles Siebert, the Bay County medical examiner who performed the first autopsy.

For his part, Rep. Gus Barreiro, R-Miami Beach, the head of the House criminal justice appropriations committee, said Friday he'd like to call Siebert to testify. Barreiro said he also was receptive to Crowder's call to spend more, but the representative and advocates say they realize it will be tough to get much more.

They also note that Martin's death shouldn't have happened in the aftermath of the death of 17-year-old Omar Paisley. Omar died of a ruptured appendix in June 2003 after pleading with guards and nurses at the state's Miami-Dade Juvenile Detention Center for three days for medical care.

Two nurses have been charged with manslaughter and third-degree murder in that case. And more than two dozen DJJ officials were fired or resigned, including the agency's highest-ranking officials.

SHERIFFS' NEEDS

The No. 2 man at DJJ, Christian Caballero, told lawmakers Thursday that Gov. Jeb Bush has been ''committed'' to juvenile justice, noting that juvenile crime has decreased 18 percent since he took office in 1999 and that the governor just recommended $12.5 million more for treatment programs.

Of that, $1.5 million would be spent on the state's four boot camps. But Sheriff Crowder said it would take all of that just to keep his one camp running. He plans to close it in June because the state has historically shortchanged the program.

Meantime, the other sheriffs say they need more money to offer extensive counseling services like those at the Martin camp, where only 22 percent of kids commit new crimes within a year after graduation.

And what about the other 153 residential programs in Florida? DJJ has admitted it would cost about $100 million more to give them all they say they need. Legislators and Bush have been hesitant to increase spending, noting the state has myriad wants and needs, but limited money.

''We're at the breaking point. The juvenile justice system in this state is at the breaking point. We've seen almost no new money and costs keep going up and up,'' said Cassandra Jenkins, juvenile-justice advocate with the nonprofit Children's Campaign.

Jenkins, echoing Crowder, said the state shouldn't spend money on tax cuts in the face of the crisis. She said DJJ has failed to serve legislators -- and therefore the state -- by not giving lawmakers an accurate picture of how much it truly costs to provide good services.

Crowder, like the governor a Republican, said Bush has ''failed to provide the leadership'' on juvenile-justice issues.

Bush responded by noting the low crime rate and said that ultimately, it's the Legislature's duty to write up a state budget.

DEFENDING CAMPS

Polk County's sheriff, Grady Judd, stopped short of criticizing Bush -- but said DJJ has been an impediment at times to receiving more money. Judd said he's concerned that people are getting an inaccurate picture of boot camps because of what happened to Martin.

Judd said there are stories like that of 20-year-old Leonardo Suarez of Lake Wales, who told the committee that the Polk camp turned his life around when he was sent there. Suarez said the camp staff is like a second family. Shortly after he married, he took his new bride to meet the guards.

Judd and Crowder said their officers never use force on kids unless they're a threat to themselves or others. In contrast, videotape from the Bay Boot Camp shows up to eight guards manhandling Martin before his death.

Dr. Michael Baden, a career forensic expert from New York who was hired by Martin's family, observed the second autopsy and told the committee by telephone that ``all agreed there's no evidence of sickle-cell trait, no evidence of any natural disease.''

Baden said he thought Siebert, who attended the second autopsy, was reconsidering and was ''contrite.'' However, Siebert challenged that notion in a written statement released Thursday night.

While Baden said he didn't think there had been a cover-up, he did question the fact that the autopsy was performed by a local Bay County official, when the teen died in another county.

''You can't count on the local folks to do it,'' Baden said. ``Whether it's Dr. Siebert or somebody in New York state, if you have a death of someone in a correctional facility it's very hard for the medical examiner, for the local people, to come out with findings against the locals that they work with all the time.''

Sheriff Judd said he was offended by Baden's comments, which suggested police weren't ethical.