This blog is designed to bring you up to date if you just tuned into the video stream. We have a reporter in the courtroom feeding this blog with a chronological listing of the trial's high points...
The video was then played and Dickens was asked to give his account of the day.
Dickens said he was smiling at a remark Martin had made. He said Anderson said he would do it tomorrow.
Dickens thought that Anderson was malingering.
He said it was less than 5 minutes from when Anderson said I’ll do it tomorrow that he called 911.
Dickens said a pressure point is when you try to touch a nerve to inflict some pain. He said it is a pain compliance technique.
He said he had his hand there for 14 seconds however he said when you go through training once the offender complies you release but you don’t remove your hand.
Dickens said he was talking to Anderson telling him that all he had to do was get up and walk. He said what he tries to do is to come in and speak with a soft kind voice. He said sometimes they will work better with another drill instructor because they may be mad at another.
Dickens said he asked Anderson to get up and walk. He said Anderson looked up and told him f*** you I’m not doing anymore. Dickens said he told him they don’t have cursing here and he kind of backed off and Anderson hung his head.
Dickens said he used it many times before and there were some offenders it would not phase.
Dickens said Martin Lee told me I won’t do and I would not do it.
Dickens said he heard every excuse in the book. He said one kid told me he had rigor mortis.
Dickens said he saw 3 instructors get punched in the face and a DJJ worker get punched in the face.
Dickens said he did call 911 and he said that at the same time they all had the same thought process. He said he did it without hesitation.
Dickens said he was taught defensive tactics by Hauck and at Gulf Coast Community College while obtaining his law enforcement certification.
Dickens said they would use ammonia capsules when an offender felt groggy.
Dickens said he was on the field that day but his role was limited because he had surgery 30 days before that. He said in fact his wife asked him not to go to work that day.
Defendant Henry Dickens is now on the stand.
Henry Dickens was hired at the Bay County Boot Camp in 1995 shortly after it opened. He went to work at the boot camp before retiring from the Navy where he served 30 years.
Dickens is being questioned by his attorney, Hoot Crawford.
Dickens was a drill instructor and had the rank of Sgt.
Dickens is a sworn law enforcement officer.
He said he went to the highest rank you can go in the Navy.
Dickens said he had a friend of his that talked to him about the Bay County Boot Camp and told him there were some kids that could surely use his helps.
He said he likes to turn kids lives around. He said they are our future, he’s not going to be here forever, somebody’s got to take over.
The court is on break for lunch until 1:15 p.m.
Defendant Henry Dickens is expected to testify next.
Dr. Charles Siebert who performed the second autopsy is expected to testify following that. Siebert is the interim Chief Medical Examiner of the 14th Judicial Circuit.
McFadden said his head drops. He said he wasn’t moving them at all. He said earlier there were times when he would feel resistance.
McFadden said the last conversation he heard was Anderson telling Dickens f-you or something like that.
He said Dickens then applied pressure behind the ears.
McFadden said pressure points are meant to get a response.
McFadden said he didn’t know if he responded.
McFadden said the nurse was gone at this time. He said she did not communicate to him that she was leaving.
He said shortly after that Hauck comes back and then he’s gone after that.
McFadden was asked about all the things that he had seen and heard. He was asked if he had not done anything to protect Anderson from harm. He said he did everything he could to protect Anderson.
McFadden was asked if he suggested to take Anderson somewhere to let him recover. He said no.
Last question from the defense.
McFadden was asked why he didn’t intervene. He said he didn’t see anything wrong.
McFadden was said at some point Anderson said I need to go to the hospital, I can’t do this.
He said he recalled Garrett telling him he needed to finish the run but he wasn’t sure if it was when Anderson said he needed to go to the hospital.
Prosecutor Mike Sinacore questioned McFadden while playing a portion of the video and it was turned off again.
McFadden agreed that Anderson’s legs were on both sides of the pole. He said he had one of his arms and Garrett had the other one and initiated the take down. He said he was taken by surprise by it.
McFadden said he could feel Anderson tensing up and before he knew it, he was down.
He was asked if Anderson posed a threat to them. He was then asked just because force is authorized if you have to use that level. He said no.
He said he agreed that you only use the amount of force necessary and you use good judgement and common sense.
McFadden said the nurse was asking Anderson if he took any drugs or smoked. He said another person was talking so the nurse had to talk louder.
McFadden said he didn’t hear Anderson threaten anyone. He said no.
McFadden said he did not fall on top of Anderson.
McFadden agreed he acknowledged that he had the authority to do what he felt was appropriate to protect a child.
McFadden said he had experienced no difficulties with Anderson that morning.
McFadden was asked if he was aware of the first use of force on Anderson. He said he heard on the radio about a use of force but his job was maintaining the fence. He said he didn’t know it was Anderson.
McFadden said he saw Anderson fall from a distance. He said he couldn’t say he saw him fall down, he saw him lay down.
McFadden said Anderson said I can’t breath, I can’t see. He said Walsh then applied an ammonia capsule. He said he reacted and inhaled the ammonia capsule. He said he held his breath to avoid it.
McFadden said he was alert, he said he seemed a little woozy, that was the only thing.
McFadden testified I don’t think anybody likes ammonia. He said Anderson did not run anymore after the ammonia application.
McFadden was asked if this was the first time he had saw anyone not get up and do what they are supposed to do after ammonia application. He said yes.
McFadden said they said something about a piece of sand in his eye. He said he asked Anderson if he heard him, he said once again nothing.
McFadden was asked if there was anything that made him think it was a medical emergency. He said no sir.
He said he helped get him on the gurney.
McFadden was asked if he did anything he thought would harm Anderson. He answered, no sir.
Judge Overstreet asked everyone on the second row behind the prosection, except Rev. Wood, not to return to the courtroom for being disruptive. That included Anderson’s father, Robert Anderson.
They were asked to watch the remainder of the trial at the courthouse annex and they were told not to return.
The Judge reminded everyone that if they are disruptive they will be asked to leave and he didn’t care who they were.
McFadden said he returned with water.
McFadden said he’s not moving, nothing when asked if Anderson was unresponsive at this point.
He said they pointed for the gate to be opened for the paramedics.
McFadden testified that he poured at the water because he was told to loosen his shoes, make sure there was nothing tight on him.
He said the nurse told them to go get the medical bag and he did.
Waylon Graham then asked if they could approach the bench.
They are no having a side bar.
The jury was asked to step outside.
It’s unclear what is going on at this point.
McFadden said that when they were walking with him, he was able to walk on his own power. McFadden said they did not drag him anywhere at any point. He said they wouldn’t do that because it would show he didn’t have any control of his body at all.
He said he went limp and Garrett went to get the nurse. He said he had saw kids do this during his other 2 intakes. He said at first it caused concern but he was still talking, he was still fighting with his hands.
McFadden testified that he was malingering, he didn’t want to do it at all.
He said the nurse told them she couldn’t get anything with him on the ground so that put him up against the pole. McFadden said they were securing him to protect the nurse.
McFadden said Dickens was talking to Anderson.
He said Anderson acknowledged the nurse and said mam.
He said he was still actively resisting at this point.
He said the nurse came in and checked the front of his chest.
McFadden testified that Anderson started tensing up and was told to relax. He said all of a sudden he was heading towards the ground. He said he braced himself and did not fall on Anderson at all.
He said Dickens was placing the hat on his head while he maintained control of Anderson. He said he was tensing and fighting and he was not responding, he just didn’t want to do nothing.
He said he was breathing and talking and there was nothing at that time that caused concern.
McFadden said the nurse explained to Walsh that Anderson was alright, his vitals were okay.
McFadden said Anderson wasn’t saying anything, he just don’t want to move, he’s limp.
He said at this point there was nothing to cause concern.
McFadden said he started to tense his arm so he bent his rest and told him to relax. He said a closed fist is a sign of aggression and that’s why he did it.
He said once he applied the pressure, he didn’t do it anymore.
McFadden was asked if he had any knowledge that Anderson had any physical problems. He said no.
McFadden said if he saw something he had the ability to call 911. He said he didn’t see anything.
He said Anderson was then sitting down against the pole and Walsh gave him some water and poured the rest on his face. He said he wiped the water off.
McFadden said he was still breathing normal and was still conscious.
He said someone noticed blood on Anderson’s shirt. He said he noticed it was from his arm. He said when the knee strike was done by Garrett he went done and scraped it on the telephone pole.
McFadden testified that he left at that point to take care of his arm.
He said he heard 911 being called and water being called for.
The video was then played.
McFadden said he had no contact with Anderson before. He said when he approached as a precaution he grabbed his arm and continued to secure it upon him going to the ground.
McFadden said that he knew Anderson was able to breath. He said he knew that because he was able to talk.
He said while they were talking to Anderson he was tensing his arms up. He said they secured him in case he decided to swing his arms, if he had something in his hands.
McFadden testified that Garrett did a take down. He said Garrett told him to stop tensing up to just relax. He said they counseled him. They told him he will continue the run, if you have to walk, walk.
Henry McFadden is now on the stand. McFadden was a drill instructor at the boot camp. He was in the military for 7 years before being employed at the boot camp.
McFadden was questioned by his attorney, Jonathan Dingus.
McFadden is a certified law enforcement officer. He was studying in January 2006.
McFadden said working at the boot camp was a first step in becoming a road deputy for Bay County.
McFadden said he learned defensive tactics from Hauck.
McFadden said he was at the low end of the chain of command.
McFadden said he had 3 intakes while he was there at the boot camp.
McFadden testified that he never saw anyone hurt by use of force.
McFadden said he was part of the welcome committee and conducted strip searches.
McFadden said Anderson had water to drink before the physical assessment. He said all of the kids had water. They made them drink whether they wanted to or not.
Enfinger was asked about his report he wrote.
He was asked about in the report where he says Walsh was unsuccessful in the ammonia capsule application. He said he wasn’t sure how long the application was. He said from what he saw Anderson was struggling too much and it didn’t get placed under his nose.
Enfinger was asked if when Anderson was taken to the ground by Garrett if that was a big action. He said yes, taking 3 people to the ground.
Enfinger said during the event he wasn’t concentrating on how much time anything was taking.
Enfinger was asked if he was there for all the ammonia use and all the hammer strikes. He said yes.
He said his focus of attention was on the quadrant of the body that he was securing.
He was asked if he saw Anderson’s physical decline on the field. He said yes.
Enfinger said the majority of the time he was confused. He said if it came across that he was concerned during direct examination he didn’t mean for it to.
Enfinger was asked if towards the end in the last 5-10 minutes if Anderson becomes completely helpless. He said no, I didn’t think so.
Enfinger agreed that Anderson was at their mercy.
Enfinger said that Anderson did state once that he could not breath but not throughout the whole incident.
Enfinger said he worked 10 intake days.
Enfinger said he didn’t believe he had seen and incident last as long as this one.
He said he wasn’t sure whether he had seen ammonia used 1 or 2 times.
He was asked if he had seen this amount of uses of force. He said he had seen this many but couldn’t put a time on it. He said he didn’t know if it was on intake day, he said I don’t think it was.
He said I never seen an incident where a young man ended up dead when asked if he had seen an incident like this before.
Enfinger said the thing that does stick out in his head was the period of time.
Enfinger was asked if he ever saw ammonia applied for 5 minutes. He said he wouldn’t consider it to be 5 minutes of continuous ammonia because they are passing it around and it was taken away and put back.
Enfinger was asked if he was suggesting to the jury that the other people were watching what was happening on the training field. He said no.
Prosecutor Scott Harmon then showed a portion of the video asking Enfinger questions regarding it.
Enfinger said when offenders complete their run they are instructed to put their hands over their head and walk around in a circle. He was asked if they were fully aware how important it is to let them recover. He answered true.
Enfinger said he lifted Anderson’s head up and his eyes were closed. He was asked if he was assisting him in standing up by grabbing his head. He said he was cradling his head in his hands.
Enfinger said he performed the first take down. He said Anderson was in an escort position. He said he was telling him to relax. He said he did not tell him to relax while ammonia was being applied.
Enfinger was asked if Anderson threatened the nurse when he was at the pole. He said he didn’t know if he did or not. He said Anderson pulled back when the nurse approached
him. He said all he recalled him saying to the nurse was no.
Enfinger said he wasn’t sure if he tapped somebody out or if he just saw an open spot. He said he was holding on to his arm.
He said Anderson tensed up and he couldn’t tell what he was about to do.
Enfinger said as Anderson was walking he had his thumb in the palm of his hand.
He said he didn’t think he posed any danger.
Enfinger testified that he balled his fists up and he told him to release them. He said he applied strikes to his forearms to try and get him to do so.
Anderson’s mother broke down and left the court room saying I can’t do this.
Enfinger says he wasn’t sure if he was in medical distress. He said when his hand hung down he became concerned.
He said there was another point where his head was hanging down. He said he told him to open his eyes and he looked at him and he wasn’t concerned at that point.
Enfinger said he went and got a breathing bag and came back. He said no one ever used it.
Enfinger was asked if at anytime he felt he needed to intervene. He said he never felt that. He said at anytime there was an emergency he could have called 911.
He said there were about 3 other drill instructors there. He said there were about 8 other eye witnesses. He said everyone had the same opportunity to call 911.
The defense then started the video tape.
Enfinger said he saw Anderson when he started to go down and he didn’t see any sense of danger. He said Anderson put his hands down and laid himself down.
He said he took Anderson down because he was not responding verbally. He said he took him down because he balled his fists and tried to pull his arms in.
He said the first thing he said when he took him to the ground was I told you, you need to relax.
Enfinger said he was trying to maintain control over Anderson.
Enfinger said someone tapped him out and he went away.
He said he was not upset at all, he wasn’t even counseling him.
He said for the most part he was there from start to finish. He said he couldn’t figure out what was going on.
Enfinger said he believed Anderson was speaking when he was on the ground and had said something about not being able to breathe.
He said when the nurse came in front of Anderson he was trying to get away from her. He said the nurse asked do you smoke, do you drink, do you do any drugs. He said she was probably speaking loud so she could hear him.
Charles Enfinger was a drill instructor at the Bay County Boot Camp. He worked there just shy of 3 years when the boot camp closed. He said he was at the bottom of the ranks.
The defense direct examination questioning was done by Attorney Walter Smith, a public defender.
Enfinger said one of the first things that offenders hear is how to address the staff at the juvenile detention center before they are being transferred to the boot camp.
Enfinger says the kids are also told not to close their fists because it is a sign of anger.
Enfinger said the offenders are told the procedure they need to use to get a drink of water.
He testified that he was not out on the field when Anderson began his laps.
Court is back in session.
Charles Enfinger is taking the stand. He was a drill instructor at the boot camp.
Court is on break until 10:05 a.m.
Before the recess Joseph Walsh testified.
Defendant Charles Enfinger is expected to take the stand next.
Walsh was once again asked to watch part of the video and was questioned.
Walsh agreed that he was alert at that time on the pole.
Walsh was asked if it was 100% a medical decision to apply ammonia. He said yes sir.
He said Martin did not appear to be fully alert.
Walsh was asked if he gave up after he tried to apply ammonia and got saliva on his hand. He said no.
Walsh said the nurse went off the field after that. He said she checked him again after she came back on the field.
Walsh was asked if he rubbed his chest. He said yes he laid his hand on his chest and tried to speak with him.
He said he was trying to motivate him. He said Martin told him he couldn’t do it.
Walsh said after the pressure point was applied that Martin got up. He said that he lifted his head. He said it was different than the response he got earlier.
Walsh was asked if Martin was far exceeding what most offenders do. He said some.
Walsh was asked if he filled in nurse on what was happening. He said no. He said he also did not tell Hauck.
Walsh was asked if it dawned on him at anytime that there could be something wrong with Martin. He said no at that time.
Walsh was asked if Martin posed any possible threat to the nurse when leaning against the pole. He said that Martin was resisting. He said he could possibly get away and cause a threat.
Walsh was asked what Martin did or said before the nurse yelled at him. He said he wasn’t sure. He said he didn’t know what she said.
Walsh said Martin was resisting and from his training use of force would have been appropriate at that time.
Walsh was asked if he intended to give him an ammonia capsule before he went to the ground. He said he wasn’t positive he was going to apply it at that time but he put it in his hand.
The video was then played briefly.
Walsh said Martin told him he couldn’t breathe prior to him applying the ammonia capsule.
Walsh was then questioned about his statement he gave and it was displayed on the screen.
Walsh agreed Martin didn’t say he couldn’t breathe well until he was on the ground.
Walsh said he had his hand below his mouth when he applied the ammonia capsule. He said he put pressure on his chin so he didn’t get bitten.
Walsh said at the end Martin applied the ammonia capsule. He said that he was holding his breath.
He was asked if that was an indication that he was alert. Walsh said no. He said he was going to continue to hold the ammonia until he breathed it in.
Walsh was asked if he was making a medical decision to apply some sort of first aid. He said he decided to apply a first aid device.
Walsh said he did not use the ammonia capsule to try and motivate Martin to finish the run.
Walsh was asked if he called the nurse over at that time. He said Martin got up so he didn’t feel a need to bring the nurse in.
Walsh said most of the time offenders respond to the ammonia capsules and finish the exercises typically.
Walsh was asked if it was possible that when Martin expressed this is bull **** that he is expressing fatigue. He said he was displaying negative behavior and was non-compliant, he said that was his interpretation.
Walsh was asked if Martin uttered any obscenities in the last two laps. He said that he didn’t struggle or fall, he purposely laid himself on the ground.
Walsh was asked if in his mind he concluded that he was faking as soon as he fell. He said he did not consider that there may be any kind of health problem.
Walsh was asked if he asked Martin what was wrong with him. He said no.
Walsh said at the fence he was asking Martin why he laid down. He said that he didn’t say anything. He said Enfinger then took him down to the ground.
Walsh was asked if he acknowledged he had full authority and power to take action. He said yes sir.
Walsh agreed that his decision to not to action was 100% his responsibility.
Walsh was asked if Martin had an attitude problem before cussing. He said he didn’t have any problems and hadn’t heard anything on the radio.
Joseph Walsh said it did appear that he was completely lifeless in the video. He said he was completely limp and this wasn’t the first time in the episode.
He said he applied the hammer strikes because Martin balled his fists up and was trying to pull his arms in. He said he told him to stop many times.
He said Martin appeared to have strength.
Walsh said he didn’t think that Martin was in physical distress.
Walsh said after the ammonia he got strength back in his body and became aggressive.
Walsh was asked to his knowledge if anyone knew Martin was in physical distress. He said no sir.
Walsh said he did not see anyone using ammonia capsules for the purpose of getting him to apply.
Walsh said if he would have thought a child was in trouble he would have called 911.
Walsh said he would never put a child’s life in danger.
Walsh said Martin was then walking and he fell forward. He said he did not go completely limp.
He said at this point Martin had run and resisted at least 3 times but he did not think he was in physical distress.
Walsh said he has seen offenders go completely limp like a rag doll.
He said that he didn’t assume that Martin was malingering so Garrett called the nurse. Walsh said they wanted to make sure whether or not he was malingering.
Walsh said the nurse checked his vital signs and they were all within normal range and there was no reason he couldn’t do what he was asked to do.
Walsh said he showed strength when he resisted.
Walsh said just because the nurse checked him out his responsibility was not relieved.
Walsh said he allowed Martin to sit on his knee and rest.
He said Martin resisted. He said use of force was then used because presence and counseling didn’t work. He said use of force was stopped because it worked.
Walsh said Dickens handed him another ammonia capsule. He said upon going to the ground Anderson appeared to be less aware of his surroundings.
He said the nurse came and checked on him again.
Walsh said he administered another ammonia capsule because his head was hanging down. He said he was not using it to make him comply.
Walsh said he has used ammonia capsules once or twice at the boot camp. He said he learned how to use them by watching others.
Walsh said the ammonia caplet was underneath his nose and Martin began to struggle with him. He said Martin held his breath and upon exhaling he spit on him but he didn’t know if it was intentional or not.
Walsh said Martin started resisting during the ammonia capsule being used so they used force again.
Walsh said during the entire period of time Martin did not get a strong whiff of ammonia. He said he threw the capsules over the fence.
The video was turned off.
He said it was habit to toss it over the fence to get it outside of the secured area. He said he didn’t put it in his pocket because it had saliva on it and he doesn’t know what kind of diseases the young men may have.
Walsh said Martin came to his attention again when he fell to his knees. He said from his perception he didn’t want to do the program. He said he did not think he was collapsing.
Walsh said when Martin fell to the ground he helped him up to his feet. He said Martin helped, they didn’t have to pick him up.
He said Martin appeared to be a little woozy, a little faint so he reached into his pocket for an ammonia caplet.
Walsh said he wanted him on his feet to keep his head above his heart.
Walsh said that Martin started to resist Enfinger. He says it happened when he took a hand off of him. He said Enfinger did a take down on him.
Walsh said he still appeared to be faint and he applied the ammonia caplet. He says when he did he began to struggle and hold his breath.
He said that Martin then opened his eyes wide and it appeared to help him.
Walsh said he was tapped by Garrett and disengaged.
He said that Anderson began to resist Garrett and he was taken to the ground once again.
Walsh testified that once the use of force worked it was stopped and was followed by more counseling.
Walsh said for a period of time he is given an opportunity to rest.
Walsh said it is consistent with the other counseling going on next to him.
Patrick Walsh said he first encountered Martin when they were getting ready to perform the push-ups and the sit-ups.
Walsh described Martin as being in good shape and said he looked like an athlete. He said overall he did well on the push-ups and sit-ups.
He said he didn’t see any problem with Martin before the run.
He said Martin came to his attention because he started using profanity.
He said that Sgt. Garrett was attempting to motivate Anderson and some others. He said Martin said this is bull ****.
Walsh said that profanity is not allowed.
Walsh said after he made the statement he was placed in an escort position against the fence.
Walsh said they explained to Martin not to speak unless spoken to and not to use profanity. He said Martin began to get angry, tense up, lock his jaw and balled up his first and attempted to pull his arm away.
Walsh said before he was taken to the ground they asked him several times to stop resisting.
Walsh said once Martin was on the ground he continued to resist, still balling his fists up and bringing his arms in.
Walsh said when he balls his fist up he can’t be sure he didn’t grab something off the ground. He could put sand in his hand or grab something off the field.
The video is now playing and Walsh is recounting the events of the day from his point of view.
Walsh said he applied behind the ear pressure points because Martin continued to ball his fists and pull his arms in. Walsh said if he gets his arm free he could punch him, start a fight or throw sand in his face. He said those things can happen very quickly.
Walsh said it is important to use the minimum force necessary. He said they went from presence to talking to him to a take down to a pressure point.
Walsh said the pressure point worked. He said Martin had his fist balled and the other drill instructor asked him to unball it and he did.
Walsh said they again discussed behavior.
Anderson’s mother left the court room.
Joseph Walsh was a drill instructor with the rank of Corporal at the Bay County Boot Camp and one of the first to respond to Martin Lee Anderson’s collapse.
Walsh said he went to work at the boot camp because he wanted to help young men. He was in the military for 10 years and left because he was diagnosed with Gulf War Syndrome.
Walsh has 2 daughters and a son.
Walsh testified that drill instructors are in charge of the platoons and their daily functions being kept on schedule.
Walsh is not a certified law enforcement officer or corrections officer. He said he received all of his training at the boot camp.
Walsh said he spent day one at the boot camp as an offender going through the same exercises and routine an offender would go through on day one.
He said he went through two weeks of training including defensive tactics training from Hauck. He said they were all applied to him during this time.
Court will be in session in just minutes.
Yesterday we heard from four of the defendants in the case including the highest ranking officers on the field that day and the nurse.
The video played a critical role in their testimonies. During the direct examinations they were asked to describe what was going on in the video. During cross examinations they were questioned about the video as well.
Today four more defendants are expected to testify starting with Joseph Walsh. Walsh was a drill instructor at the boot camp and one of the first to respond to Martin Lee Anderson’s collapse.
Court is dismissed for the day.
Defense Attorney Ashley Benedict cross examined Kristen Schmidt.
Schmidt was asked if she was nervous. She said a little bit.
Schmidt was asked if she was recalling what she saw from her vantage point.
Schmidt said she did not think ammonia capsules were harmful. She said she had never saw any ill effects.
Schmidt was asked if Anderson started running after she saw him on the ground. She said no. She said it had been at least 5 minutes to her observation.
Schmidt said she is watching up to 15 offenders on in take day. She said it wouldn’t be unusual for her not to see Anderson fall to the ground.
Schmidt said the drill instructors have first aid and CPR training. She agreed that ammonia capsules are a first aid item. She said she defers to them sometimes for their usage.
Schmidt was asked what was happening when she was shaking her head and talking to Anderson. She said she wanted to get across to Martin that she needed to know if there were any medical problems or if he ingested any drugs.
Schmidt was asked if there was a time that she thought she needed to intervene. She said no I did not.
Schmidt said she saw various things done by offenders that would make them seem like they were malingering. She said even when the doctor would see them, he would find nothing wrong with him.
Schmidt said she saw no signs or symptoms until they had to call 911. She said it was the first time they had to call.
Schmidt was asked if failure to respond to ammonia application was a possible symptom that there’s something wrong. She said yes.
Schmidt said she didn’t document uses of force. She was then asked about the first page. She said she does document them when she sees them. She then said she was focusing on Anderson.
Schmidt was asked if there was a take down and a knee strike in that time frame. She said she saw him being taken down but she was looking for signs and symptoms. She said she did not see him being struck by Garrett’s knee.
She said her focus was on his chest, him not being able to breathe.
She said she saw Anderson moving his legs on purpose. She said she didn’t see him have wobbly legs.
Schmidt was asked about the ammonia application not being in the report. She said she did not see ammonia being applied after Anderson was taken to the ground.
She said she did not do anything to help ammonia capsules being placed. She said she did hand an ammonia capsule to Sgt. Dickens.
She said she didn’t see him have any health issues at that time. She was asked if the ammonia was to get him to comply. She said they are not used for compliance.
She was asked if it was used for medical reasons. She says she was not right by the offender and she said there was no reason to question it.
Schmidt said he was talking and breathing fine after the ammonia was applied.
Schmidt was asked if he did not have alertness when the ammonia was applied. She said some time before she had asked Anderson where he was from and he was alert.
Schmidt said the drill instructors had to have seen something wrong to use ammonia.
Schmidt was asked if when she walked off the field she left the drill instructors without medical personnel. She said yes.
She said she did not leave the field to tell them that Anderson would not comply. She said she went to tell them that her assessments were normal.
Schmidt was asked if she viewed this as a non-compliant child. She said at this point yes.
She was asked if that’s what she told Hauck. She said no.
Schmidt was asked from what she saw that there was no question that this child was healthy. She said from all her experience at the boot camp there were no signs or symptoms.
Schmidt was asked if she could have had someone radio Helms. She said she didn’t know. She said it didn’t cross her mind.
Schmidt said on intake day they all have their assignments. She said it was not unusual for her to leave.
The prosecution asked Schmidt if she decided that something needed to be compromised that would be Anderson’s health. She said she didn’t see any signs or symptoms.
Schmidt said she was not yelling but she did raise her voice. She said she didn’t know what caused the take down. She said she knew when they used control techniques they had their reasons.
Schmidt said she didn’t see McFadden being pulled down on Anderson. She was asked if she might be concerned if she saw it but she did not see it.
Schmidt said Anderson was still in a control situation when she had left for 4 minutes. She said she did not ask the guards what happened in her absence.
She agreed the most important thing in medicine is to get a history.
She was asked if she would want to know if ammonia had been applied for that whole time. She said she wasn’t told and she was observing him. She said she would want to know.
Schmidt was asked if it was her responsibility to get information. There was a long pause and she said yes.
She also said she did not go up to him and assess him.
She said when she came back Anderson was saying he could not breathe or see. She was asked if someone can not see if that would cause concern about his health.
She was asked if she could intervene. She said if she’s sees signs and symptoms.
She agreed all she would have to do is say I want to take a look at him.
Schmidt was asked if she concerned having them release Anderson at that time. She said no, she saw no signs or symptoms. She said she did not think the strikes could have taken a toll on him.
She was asked if she saw the video many times. She said she actually avoided it.
She was asked about the final ammonia application. She said she knew Hauck had ammonia but did not know when he used it or for how long.
She was asked if it was important to see what was going on. She said she moved to the back and was listening for any words he said.
Schmidt was asked if she could have put herself in a better position to see what was going on. She said she thought it was a complete circle.
She said she did not see Anderson bucking back as in the video tape.
She said she heard voice and saw legs moving.
She was asked if she saw Anderson going up and down. She said no.
Schmidt said she never saw someone put their hand over Anderson’s mouth. She said a hand over a mouth is not correct. She would want to report it.
She says a hand over a mouth would reduce the ability to get oxygen.
Schmidt said she told the paramedics her medical observations. She said she did not tell them about ammonia being applied or how long it was applied. She said she did not tell them about strikes.
Nurse Schmidt was asked to watch a portion of the video.
Anderson’s mother left the courtroom.
Schmidt was asked about the medical progress notes that she made for Martin Lee Anderson.
She indicates her report refers to a use of force sometime after Anderson fell to the ground.
She was asked if she knew he fell during a run. She said no. When that happened she said she was observing the whole field.
She said it did not catch her attention at all that Anderson had fell.
The notes were written at 12:30 p.m.
She said she was not aware at the time of her notes that Anderson had fell during a run. She said she did not hear Lt. Helms tell paramedics that. She said she was there.
She said at the same time she was thinking about going out Sgt. Garrett was also waving her out.
She said the pulse rate was perfectly normal.
She was then shown the physical evaluation on Martin taken before exercise on the projector. She said she measured the pulse at 80. It was a resting rate. She said it was done to give her a baseline.
She was asked if the pulse rate being lower than his resting rate caused her concern. She said no because he had been lying on the ground for a minute.
She was asked if he had been running prior to the use of force. She said he was against the wall when she first saw him but she knew he had been running prior to that.
Schmidt was asked if she saw any time that Anderson was resting before she took the pulse rate. She said while he was against the wall and on the ground. She said in her experience she has experienced pulse rates go down in one minute to a minute and a half.
She was asked if she considered a use of force to be rest. She apologized and took a long pause and did not answer. The prosecution repeated the question in a different way. She said she would expect in a use of force the heart rate would elevate some.
She said the pulse rate did not cause concern.
In her notes it said that Anderson completed the exercises and was doing the run. She said she had to ask for his numbers but she did not know he had fallen during the run.
She was asked about asking Anderson where he was from and him stating clearly Panama City. She said it was correct she said that was an indicator that he was thinking clearly and concluded he was alert.
Schmidt was asked if Anderson was making threats to anyone. She said she was more interested in listening for shortness of breath. She said she did not hear him make any threats.
Schmidt said you have to look for signs or symptoms, you can’t just listen to words.
She was asked if a child is saying he can’t breathe and falling to the ground if she would consider giving him time to rest. She said no.
She said if someone becomes fatigued you would see signs or symptoms.
Schmidt was asked if having rag doll legs would be a symptom of a health issue. She said it could be a symptom of fainting or decreased alertness.
She was asked if it could be a symptom of anything making you weak in the legs. There was a long pause and she said it is a symptom of light headedness or fainting.
After Schmidt responded to the prosecutors questions that she didn’t understand several times a side bar was called.
Judge Overstreet then asked the jurors to leave the room.
Schmidt’s attorney was seen talking to her.
The attorneys approached the judge for another side bar.
Schmidt said she was ready to proceed with the cross examination.
The judge told her to listen carefully and take her time answering.
He said he was made aware that her blood pressure might be up.
The juror was asked to return.
Schmidt agreed the need for oxygen elevates during exercise.
Schmidt was asked if they needed to know the child’s physical abilities before they could get punishment, alternative training. She said yes.
She said it was her understanding that this is why they did the physical assessment.
She said it was her understanding was they could run at their own pace.
She was asked if she agreed that a child should not be forced to complete exercise if they had any physical problems. She said yes.
Schmidt said many kids have a difficult time doing the run. She said she’s seen them try to avoid it. She said a few get winded. She agreed that some have to walk.
She was asked a few times if there’s any doubt a child is having a problem you should assume they have a health issue unless it is clear they do not, is that correct? There was a long period of silence and she again said I don’t understand.
The prosecutor said he would move on.
Nurse Schmidt agreed that ammonia capsules were only to be used for medical purposes.
She said she wasn’t sure when the practice started of guards getting ammonia capsules themselves and not getting them from her.
She was asked if the proper way to administer the capsule was to break it and wave it a few inches under their nose. She said no. She said when she saw it used in the past they had it up to the nose.
She said she did not train them and did not have training. She said she used it once in her life.
She was asked if she could have brought in someone to train the guards on ammonia capsule use. She said they are in first aid kits and the public is not required training either.
She was asked if she agreed ammonia only be given if necessary for a child’s health. She said yes.
She was asked if a child does not respond to ammonia capsules it could indicate a child is having a health issue. She said yes.
Nurse Kristen Schmidt was asked if she was responsible for the health of every child at the boot camp. She said yes.
She agreed that she was the only person with medical training on the field.
She was asked if there was any doubt that a child is having physical problem or if he is faking it if she should air on the side of the child. She said yes.
Judge Overstreet said they are going to try and get through one more witness after Nurse Schmidt this afternoon. He told the jurors they would wrap up around 6:30 p.m.
Before they entered he told the audience he had received complaints about comments during the nurse’s testimony. He said this was the final warning and next time the person will be taken outside.
Court is back in session.
Nurse Kristen Schmidt is on the stand.
Cross examination is about to begin.
Schmidt became emotional just before the break when asked about the call she got saying Anderson had died.
Court is now in recess for 10 minutes.
When court resumes cross examination of Nurse Kristen Schmidt will begin.
The nurse said she clipped a hang nail during he health screening of Anderson.
She said Anderson received the highest health grade.
The nurse said she is looking over the entire area watching the offenders that are outside.
The nurse testified that she noticed two offenders up against that fence and that was something she would not interfere with and it’s something that occurs every intake day.
Nurse Schmidt testified that ammonia capsules are in the first aid kits.
She said she did not have training. She said she didn’t have much experience using them.
Schmidt said ammonia capsules didn’t have any side effects that she saw. She said she was no aware of any serious or life threatening injuries they could cause.
She said she began giving them to the guards because they didn’t want her to administer them because of concerns for her safety. She said she talked to the doctor and he cleared it because they are in a first aid kit that anyone can buy.
Schmidt testified that they had intakes about 3-4 times per year.
She said they had possibly 15 offenders already there and 15 coming in.
Nurse Schmidt says she does health intakes, checking height, weight, getting a pulse rate and asking offenders a series of questions to make sure they don’t have something that wasn’t already documented.
She said she’s heard at least one on every intake that says they have another illness. She says she checks them out and there’s nothing.
Nurse Schmidt testified prior to them coming in they were supposed to have a medical history that was not more than a year old, an EKG, a TB record and a psychological evaluation.
She said they reviewed them to see if there was any reason why the offender should not come to the boot camp.
Schmidt said if she saw anything she would bring it to the doctor’s attention. She said if it was not specific, they would call the parent for more information. She said she would also document it on the intake forms.
She said sometimes there were things that were not dis-qualifiers but they alerted her attention to check them out.
She was asked about if on any of the forms sickle cell was checked she would call a doctor.
Kristen Schmidt is a registered nurse. She said the Florida Department of Health has not revoked her license due to the charges.
Schmidt said before going to the boot camp she had primarily worked with elderly in psychiatric units.
Schmidt said she had not received any training in or heard of sickle cell trait prior to this case. She said he was not familiar with sickle cell disease.
Schmidt started at the boot camp a week or two after it opened. She said she felt the need to help juveniles. She said she enjoyed her job seeing the boys change their lives.
The nurse, Kristen Schmidt, is now on the stand.
Court is in recess.
Patrick Garrett is done with his testimony.
The nurse, Kristen Schmidt, is expected to take the stand next.
Prosecutor Scott Harmon asked Garrett if he had ever seen offenders go limp for 15 minutes. He said no.
He was asked if they reacted quickly to ammonia, if it took more than a few minutes. He said there hadn’t been any that took 15 minutes.
Patrick Garrett was asked by Defense Attorney Bob Sombathy if going limp is common.
He said yes. He says he has saw offenders go limp and get dragged around because they don’t want to do something.
Garrett was asked if he ever experienced anyone chocking.
He said he had experienced an offender who was chocking while he was eating. He said he was able to tell because of his actions. He said he could see it in his eyes. He said he had a gurgling, gagging sound.
Garrett said he never heard that from Anderson and never saw the look in his eyes.
Patrick Garrett was asked by Defense Attorney Bob Sombathy if going limp is common.
He said yes. He says he has saw offenders go limp and get dragged around because they don’t want to do something.
Garrett was asked if he ever experienced anyone chocking.
He said he had experienced an offender who was chocking while he was eating. He said he was able to tell because of his actions. He said he could see it in his eyes. He said he had a gurgling, gagging sound.
Garrett said he never heard that from Anderson and never saw the look in his eyes.
Court is back in session.
Cross examination of Patrick Garrett is underway.
Court is in recess for 15 minutes.
When court resumes, cross examination of Patrick Garrett will begin.
Patrick Garrett was asked if he was using ammonia capsules as punishment. He said no.
He said it was never his intention to harm Anderson. He said he didn’t see anyone harm Anderson and wouldn’t have allowed them to do so. During this time Garrett became emotional.
When Garrrett was asked what he would change about the day he said everything.
Patrick Garrett said all staff members were trained on all aspects of the camp including shooting video.
He said they purposely call on the control room to start video taping when there is an incident.
He said he called and told them to put the video tape on.
Patrick Garrett said he has never seen or heard of anyone being seriously injured by inhaling an ammonia capsule.
Patrick Garrett was a drill instructor at the Bay County Boot Camp.
He worked there for 6 years after serving 4 years in the army.
He is a certified law enforcement agent.
Sgt. Patrick Garrett is now on the stand.
Raymond Hauck was questioned about an information report he prepared for the Bay County Sheriff’s Office.
He said he gave a report 6-7 hours after it happened and had a good recollection of what occurred. Hauck said at the time of the report he knew that Anderson had been life flighted to Sacred Heart. He said he was not aware that he was declining.
In the report it says the nurse said Anderson was not compliant on the PT field. He said that she came to tell him that they were having difficulty with an offender and he was complaining of breathing. He agreed that Anderson was not complying.
He said when he got out there they had Anderson’s arms secured to the ground and Sgt. Garret was pouring water over his head.
Hauck said that he doesn’t think lying flat on the ground is not restrictive to breathing.
Hauck agreed that part of the policy is to keep the offenders properly hydrated.
Hauck said he did not see Anderson drink water.
He was asked about writing in his statement that Anderson was breathing heavily through his mouth. He said this was in response to the water being poured on him.
In his statement at that time he told the guards to bring him to his knees. He was asked if he was the highest ranking officer until Lt. Helms came out. He said yes sir.
Hauck said it was correct that he told him to get up and run and that Anderson said he didn’t want to run. In his statement he said Anderson told him he would run later.
Hauck said it was clear to him he could listen and respond appropriately.
In the report it said that he refused to breathe through his nose when he tried to give him an ammonia capsules. He said it was correct that he was trying to get a response from him. He said his words were kind of slow, like he was having a lack of alertness.
Hauck said he noted Martin had the ability to avoid breathing in the ammonia fumes. He said he doesn’t believe ammonia fumes burn.
He agreed that they were trying to get the effect of ammonia through his nose. He said he did use the term covering his mouth. He said at that time he told him all you have to do is get up and walk and I’ll stop the ammonia.
He said at that time he started to walk, he released the capsule. He said he then went to his knees. He said he asked him if he was ready to run and Anderson said he would do it later.
He said he left out of his statement that he held Anderson’s mouth while Sgt. Garrett applied an ammonia capsule.
He said he was trying to relay the information the best he could recall it.
In the statement he details Lt. Helms coming out to the field. It says that Lt. Helms instructed him to walk and secured his hand over Anderson’s mouth and applied an ammonia capsule.
The video is put on the projector and Hauck is asked questions about it.
Hauck was asked if in a situation like this if they are trained to keep their eyes on the subject. He said yes. He agreed they were keeping their full attention on Anderson.
Hauck was asked if he found out from anyone how long this was going on. He said he did not.
He was asked if he asked if he found out if they had used ammonia. He said no sir I did not.
He was asked if he had found out about hammer strikes or other uses of force. He said he did not.
Hauck said he got an ammonia capsule as a precaution and is telling the guards to lift Anderson to his knees.
Hauck was asked if he saw them lifting him. He said he saw his head hanging down and his body appearing to be limp.
He said he is now applying the ammonia capsule and Anderson is not breathing it in. He says Sgt. Garrett is securing his mouth.
He said he would agree that it started at 22:09 on the clock on the video. He was asked about it being 30-40 seconds later and still applying ammonia. He said I guess, that he didn’t recall the amount of time.
Hauck was asked what he was doing if he’s not applying ammonia when Anderson was sitting down. He said he believe he said that he was in his statement.
Hauck agreed that Anderson was leaned over and was being held up. He said he doesn’t believe though that they are completely supporting him or holding him up.
Hauck was asked if Anderson’s legs were flat and his head was going back. He said it appears that way.
The prosecution said we’re right at 2 minutes.
Hauck was asked if now Garrett is involved. He said now he is covering his mouth and Garrett is holding the ammonia capsule.
Hauck said he was watching him and giving him his full attention.
Anderson’s mother left the courtroom.
Hauck was asked if when he goes to the ground if hammer blows are being applied. He said yes.
He was asked if Anderson appeared to be limp. He said it looks like he is being very tense and active to him.
He was asked if that was because Lt. Helms applying an ammonia capsule. He said he believes that’s what was going on.
Hauck was asked if throughout the whole incident if Anderson was awake during him applying ammonia. He said no.
Hauck was asked what medical purpose was served by him applying ammonia during the section of video. He said he was responding but still showed a low level of alertness and was using the ammonia capsule to get a response so he would perk but up to a full level of alertness.
Hauck was asked if someone would have control of their body if they had a low level of alertness. He said he might have some level of alertness.
He agreed that the physical assessment started more than 20 minutes before that.
Hauck said it did not occur to him that Anderson was unable to comply.
Hauck said they explain to the offenders how to breathe if they start having difficulty. He said a mile and a half run can be considered a long run.
Hauck was asked if it occurred to him that something was wrong. He said no.
Hauck said he could have stopped and told the other drill instructors to back away. He said he could have asked the nurse to come over.
He was asked if he or one of the other drill instructors could have picked him up and assisted him in walking. He said they assisted him by giving him ammonia capsules. Hauck said the way Anderson was behaving he would not have gotten up and walked on his own.
He was asked if he could have gotten some water to him. He said he could have.
Hauck said they needed to get the physical assessment as quickly as possible. He said the offenders can simply quit.
He said one of the things they have to establish is that they are in control.
Hauck was asked how covering his mouth would help him walk. He said the ammonia capsule was supposed to help him with that.
Hauck agreed there is no policy for ammonia use. He said there are 2 in a first aid kit and that’s the baseline.
Hauck said he was always under the understanding that you hold the ammonia directly under the nose.
He said hammer strikes and knees blows are designed to get results and inflict pain on the nerves as well as pressure points behind the ears.
Hauck said ammonia was not used as a pain compliance tool.
Hauck was asked if it ever entered his mind that Anderson was suffering. He said he didn’t believe he had did anything that would cause suffering.
Hauck agreed that just because they can do something on the force matrix it doesn’t mean they have to.
He also agreed that are trained to use common sense and their own good judgement.
Hauck was asked about his conversations with Anderson. He was asked if he was using the same tone. He said it was not a harsh tone and he was not raising his voice.
He was asked if the other drill instructors were using the same tone of voice. He said no.
Court is now in recess until 12:40 p.m.
Cross examination of Hauck will begin at that time.
Hauck went through the video explaining his actions. He said he did not know anything was wrong until Anderson became unresponsive with Lt. Helms.
Hauck said he was in the administration area to pull up the mental health screenings on the computer and copy it to medical and mental health is notified if there are some that require further screening.
Hauck said he did not see Anderson do sit-ups, push-ups or being the run.
Hauck said the nurse notified him and Lt. Helms that there was an offender that was on the field that had complained of breathing and there was use of force and she had checked and his breathing and pulse were normal. He says the nurse asked him to come out and further assess the situation.
Hauck said he immediately put down his paperwork and started heading to the back. He said he stopped for a moment and looked at the camera to see what was going on. He said he saw him lying on the ground on his stomach. He said he went out the door and walked up to the offender and he was still lying in the same position.
Hauck said he bent over and observed Anderson’s breathing. He said it appeared to be normal.
He observed that Anderson had been sweating, but his skin did not appear to be clammy.
Hauck said he observed staff cooling him off by pouring water on the back of his neck and the side of the face. He said he saw him react to that.
Hauck said Anderson’s eyes were moving around, he said nothing appeared to be wrong.
He said after he had the staff bring Anderson to his knees he asked him some questions.
Hauck said he told Anderson he needed to follow the instructions of the drill instructors and he needed to get up and finish his run. He said he responded in a coherent way. He said he was not out of breath, his eyes were open.
He said his speech was slow. He said Anderson would drop his head. He appeared to be woozy.
He said Anderson told them he was tired and didn’t want to run anymore.
Hauck said his reaction was he needed to get up and follow the direction of the staff.
Hauck was asked why he didn’t just accept that he was too tired. He said they have experience with offenders who come in who linger and get a little exerted and still do their best. If they can’t run, walk and try to do their best.
Hauck said his impression was that Anderson was a little tired, a little woozy or he may have been malingering.
After he wouldn’t get up Hauck said he applied an ammonia capsule he got from the nurse. He said he cracked it open and placed it directly under his nose. He said he did it to make Anderson more alert.
He said he was not putting the ammonia under his nose to get a response not to get him to do what he wanted him to do. He said that Anderson did not inhale. He said his perception was that Anderson was doing it on purpose.
Hauck says he doesn’t recall how long he held the capsules under his nose. He said 10 seconds or it could have been longer.
Hauck said he doesn’t believe he inhaled it at all.
Hauck told Anderson to get on his feet. He said Sgt. Garrett come from behind secured him by the chin and cupped his hand over Anderson’s mouth so he would inhale it. Hauck said he put the ammonia capsule at his nose and he attempted to avoid it again.
At the time Hauck thought he was able to stand on his own. He was asked if he thought that why the staff was escorting him. He said it was an attempt to keep him controlled.
He said his eyes were open and moving around at that point. He said he was still talking.
Hauck said the conversation was pretty much the same as before.
The second time he said Anderson did get on his feet and take a couple of steps. He said he went back to his knees and was struggling to get up again and Sgt. Garrett took an ammonia capsule under his nose.
Hauck said he used one ammonia capsule.
Hauck said when Garrett used the ammonia capsule he was cupping his hand over his mouth and was instructing Anderson to get up and walk. He said at that point Anderson was holding his breath and trying to turn his head to avoid inhaling the ammonia capsule.
Hauck said the bottom of his hand was on his chin and his hand was over his mouth. He said his fingers were together or apart depending on how Anderson was reacting.
He said they were not successful in getting Anderson to breathe through his nose.
At that point he said Anderson went down to his knees. He said he was looking at him trying to make an assessment. He said he realized he wasn’t doing any good so he backed away and observed. He said Lt. Helms was there on the field at that point.
He said it was about 5 minutes before the ambulance was called after he entered the field.
He said the nurse was on the field close by watching.
He said when Lt. Helms was working with him and he became unresponsive he thought there might be a medical problem. He said Lt. Helms laid him down and called the nurse and 911 was called at that point. He believes the nurse told them to call 911.
Hauck then went to notify Capt. Thompson. He advised him that 911 had been called. He said he did not advise him at that time that ammonia capsules had been used.
Hauck said it scared him to death, he didn’t know why Anderson was unresponsive.
After Anderson was taken away Hauck said he had to take care of the business of the day. Hauck said he was instructed to secure the video tape.
Hauck was then shown a portion of the video. He walks up with the nurse. Hauck goes through what he is doing in the video as he has testified earlier.
Anderson’s mother leaves the courtroom. She has left several times when the video has been played.
Hauck said a red dot signifies an offender who may be more likely to be violent. He said that they were notified that Anderson had a red dot, he was a gang member and had past violence in their history.
He was asked if they treat those people any differently. He said no. He said he would treat all offenders with care.
Hauck testified that he had been there for 30 something intake days.
He said on intake day they would be more likely to see someone linger and hear excuses.
Hauck testified that he had been there for 30 something intake days.
He said on intake day they would be more likely to see someone linger and hear excuses.
Hauck said all activities at the boot camp are taped 24 hours a day to record incidents that go on inside the program. He said it is for everyone’s protection.
He said tapes that have incidents are kept for an indefinite period of time and others are kept for 30 days.
He said everyone is aware they are being recorded. Hauck said that he knew if he mistreated a child it would likely be captured on video tape.
He said that if DJJ wanted to review the tapes they could and they did so from time to time.
Hauck said he never tried to hide video tapes.
Hauck said the use of ammonia is not use of force.
Hauck said there is no written policy on the use of ammonia. He said he was not sure how the practice began. He said no one has taught him how to use ammonia capsules.
He said they are used for someone who is experiencing faintness and to raise alertness.
Hauck testified that ammonia capsules are not used to make offenders comply.
He says he has used ammonia capsules at the boot camp. He said he never used them to make an offender comply with a directive.
He was asked if he ever said to Anderson do this or do that or I’m going to apply an ammonia capsule. Hauck said no.
He said he was not aware of any injuries or deaths caused by ammonia capsules.
Hauck says he trained all the guards on use of force techniques from the beginning except for Lt. Helms and Dickens. He says he did their recertification.
He testified that DJJ reviews the recertifications and they are done annually.
SGM Raymound Hauck testified that on the first day employees arrive at the boot camp they are put through a first day similar to that of an offender. He said every staff member does this.
He said he’s never seen ammonia capsules used on the drill instructors during orientation because he never remembered one passing out or fainting.
SGM Raymond Hauck was the second in command on the day that Martin Lee Anderson collapsed.
He is now testifying.
He became a sworn in law enforcement officer about 5 years ago.
He started working at the boot camp in 1994.
Defense Attorney Waylon Graham asked Lt. Helms what he would have done differently. Helms said he wouldn’t have had Anderson in the program.
Lt. Helms was asked if the red dot affected how Anderson was treated that day. He said he was not singled out.
Helms said he presumed him to be possibly a violent kid.
Helms was asked what Anderson could have done. He said he could have walked, finished the run, something along the lines that the nurse could have evaluated him for.
Helms said he was not trying to get Anderson to comply.
Helms was asked if he had told the paramedics about all the times that Anderson had fainted. He said no. He also said he didn’t tell them how many times he applied ammonia or for how long. He also said he didn’t tell them that he covered his mouth.
Lt. Helms said shortly after someone stepped in front of the camera he stopped applying the ammonia capsule.
Helms was asked if he brought in the nurse before applying a second ammonia capsule. He said no because he got a reaction. He said he had no clue there was anything wrong with Anderson and that’s why he applied an ammonia capsule a second time.
Helms said he put his mouth over Anderson and applied an ammonia capsule. He said that’s when he noticed he stopped trying to hold his breathe.
He was asked if he ever saw Anderson have signs of life after that. He said he was breathing. He said he never saw him become awake again. He said he never saw him open his eyes.
Questions continue about the report written by Lt. Helms the day after Anderson died. Helms acknowledged that he knew the FDLE was investigating at the point he wrote the report.
Helms agreed that the report should be a professional form.
Helms said he had no excuse for the form. He said the first thing on his mind was the well being of kid, the last thing on his mind was the incident report.
Helms said he wrote on the report that he covered Anderson’s mouth and did not indicate that his hand was under his chin.
Helms was asked if he gave Anderson a new ammonia capsule. He said no he took it from Sgt. Garrett.
He was asked if he put it was Sgt. Garret’s capsule in the report. He said no.
Helms said he used the same capsule again.
Prosecutor Mike Sinacore then played a portion of the video.
He then asked if Helms had 2 hands around his mouth. He said he had one covering his mouth and the other holding the ammonia capsule. He said his hands were butting up one against the other.
In the report it said that the defendant stood up and fell. He then went through the series of events as played on the tape. He agreed with the prosecution’s assessment.
Helms said it was an information report and he wrote all he could remember. He said that’s all he could remember when he talked to the paramedics and the doctors.
Helms said at that point he didn’t believe he was in medical danger. He said when he got up and took some steps that was a positive thing.
Helms said he can’t explain why he had such a violent reaction with an old ammonia capsule only covering his mouth.
Court is back in session after a 15 minute break.
Lt. Helms is still on the stand under going cross examination from Prosecutor Mike Sinacore.
So far the cross examination has focused on discrepancies in a report on the death written by Lt. Helms. Helms said it was written the following day after he had stayed the night at the hospital with Anderson and he didn’t have time to get the order of events together in his mind.
Helms has also faced questioning about the use of ammonia for medicinal purposes and why he was called to the field.
He was also asked about his ability to call the guards away from Anderson and try to talk to Anderson as the ranking officer on the field.
Court is in recess for 15 minutes.
Lt. Helms was asked further questions about his report. He said a lot of things were happening really fast and there are some things that are not in the exact order.
In the report it states Anderson spoke while he was applying ammonia. He said it was actually when he first walked on the field.
He said he did not have time in his mind to get the sequence of events in his head. He said he was still in a state of shock about what happened and he was trying to figure it out.
Helms said Anderson never fainted in his presence. He said that he did see him collapse.
Helms said in his report that he observed Anderson faint. He was asked about this and he said faint and collapse mean about the same to him. He said he became unresponsive.
Helms was asked if Anderson was at a point where ammonia could have been applied without anybody touching him.
Helms was asked if he had the option of getting the drill instructors to release Anderson when he collapsed. He said he never recalled that happening but he could have.
Helms agreed that Anderson would not have been able to run away or hurt anyone with the number of drill instructors.
Helms was asked if another option would have been for everyone to step back and allow Anderson to breathe. He said yes.
Helms was asked if the number of drill instructors surrounding Anderson could be causing him anxiety. He said no.
Lt. Helms was asked if he asked any of the guards how many times ammonia was applied. He said he was trying to access the current situation because he did not have the time to access what has happened. He said as far as he didn’t know ammonia was not harmful.
He said the only thing he heard Anderson say was I can’t do this anymore or I’ll do it tomorrow. He said he heard it as he was walking on to the field. He was asked if someone had his hand over Anderson’s mouth, he said he didn’t believe so.
Helms was asked if he found out how many times Anderson had been taken to the ground. He said no.
Helms said he didn’t know how long the situation had been going on. He said knows now that it had been going on for more than 20 minutes.
Helms was asked if he talked to Anderson. He said no, there were other people talking to him. He said he didn’t understand how he could stop that.
Helms was asked if he could have told the other guards to be silent so he could talk to Anderson. He said he could have.
Helms was asked if they were yelling at Anderson to get him to comply. He said they were trying to talk to him.
He agreed there was a lot of loud commanding going on during the incident.
Helms was asked if he had the nurse reassess him before he applied ammonia. He said no.
Helms said as soon as the ammonia was removed Anderson would stop responding.
He said at that point they are not trying to get him to run. He said he had a short period of time to evaluate the situation based on kids faking it in the boot camp, the nurse saying his heart and respiratory rates were at a normal rate.
Helms said knee strikes and hammer strikes do not cause critical or life threatening injuries.
He said he does not dispute that Anderson’s bruising was caused by the guards.
He agreed that wrist impressions can cause injury.
Helms said that pressure points cause pain and can also caused bruising.
Helms was asked if on the box for ammonia if it said you were supposed to be careful about ammonia application. He said yes that’s what they did if that’s what it said.
He agreed that it did not say place it on the nostrils or place it on the skin.
Helms said ammonia is never used for compliance. He said it should not be used just for medicinal purposes. He said it should be used for a could who is fainting or if he is faking it.
Helms said it does cause discomfort.
Helms was asked if the use of force policies authorizes ammonia being used as force. He said it does not.
Helms said it is entirely possible that they are physical distress when they give them an ammonia capsule.
Helms said it did happen that force and ammonia were used at the same time in the Anderson case.
Helms was asked if a child had fainted if there would be a need to use force. He said no.
Helms was asked if Anderson was struck if he struggled to not inhale the ammonia. He said yes.
Helms said that you want to block the mouth to the point the offenders have to breathe through their nose.
Helms said you cup the hand over the mouth and spread his fingers while putting pressure on the jaw so that his fingers are not bitten.
Helms said he did not recall seeing ammonia used in any other program.
Helms said the use of ammonia goes back to when he first started but he doesn’t know who started it.
Helms said he never went to DJJ to tell them how they were using ammonia capsules but they were aware they were being used. He was asked if DJJ was aware that ammonia capsules were being given to instructors on intake day. He said no.
Helms said he kept the policy manual up to date. He also said it is correct that nothing in the manual addressing the use of ammonia. He was asked if he could have put it in the manual? He said he could have.
Helms was asked if he presumed that every child that entered the boot camp was going to harm him.
Helms said on most occasions he has to presume that they are in danger, they could be hurt or other staff members could be hurt. He said he doesn’t presume that every child will hurt him but you can’t take it for granted.
Helms was asked about giving a child a benefit of a doubt. He said he doesn’t give anyone the benefit of a doubt.
Helms said no. They are convicted felons.
He was asked if he would use force because he wouldn’t give them the benefit of the doubt. He said no.
Court is in session.
Cross examination of Lt. Helms will soon begin.
Yesterday Helms testified that it took about 3.5 minutes from him entering the field to realize something was wrong and an ambulance was called less than a minute later. Helms said he never left Martin Lee Anderson’s side until he was life flighted to Pensacola. He said he then drove over to Sacred Heart and he was there when Anderson died.
The State rested their case yesterday morning.
The defense talked about their six defenses in their opening arguments.
Afterwards, the defense called two witnesses. The second was the first of the defendants to testify in the case, Lt. Charlie Helms. Helms will be back on the stand this morning for cross examination.
The defense expects all of the defendants to testify today.
Sgt. Raymond Hauck is expected to testify next. Hauck was second in command the day Martin Lee Anderson entered the boot camp.
Court is dismissed for the day.
Cross examination of Lt. Helms will begin first thing in the morning.
Defense- Waylon Graham
Witness- Lt. Helms
Helms is now at the screen explaining what his account of the day.
Helms says he was behind the staff members trying to look in. He said he saw ammonia capsules being applied to the offender.
Anderson’s mother left the room upset.
Helms said at this time he did not see any signs of distress.
Helms said he went behind because he saw the offender turn his head and he said he realized he was not getting the full affect of the ammonia. He says he took the capsule Sgt. Garrett was using. He said it had already been broken up.
Helms said he was trying to cupped his hand over the mouth and give chin support in case he rose up. He said he left his fingers open so he didn’t completely close the airway.
Helms said he put his hand down because Anderson tried to rare back twice. He said he had no reason to believe he was in a medical emergency. He said he was responding to the ammonia and he was taking steps. He said he had encountered this before and the offender could get up and finish his exercise.
He said he attempted to reapply an ammonia capsule a second time and he didn’t try to fight it and was unresponsive, he was no longer holding his breath. Helms said he told the guards to just lay him down.
He said he saw some sand in his eye and told the nurse to come check him. He said the nurse checked the pulse and he believed she used a flash light. He said he believed they looked at each other and said call 911. He said it was about 3.5 minutes from when he was on the field that he recognized a problem and it was about 4:45 from the time he arrived that they called 911.
Helms said he put his hand on his stomach area and he shook him back and forth and was talking to him. He said there was sweat on his forehead but he was cold. He said this is where they went into care mode. He said he instructed Enfinger to go and get some water.
The nurse is doing something but Helms was not sure what.
Helms said he was constantly trying to talk to Anderson.
He said at this point they said they need to call 911. He said Sgt. Dickens radioed in to the control room to call 911.
He said the first thing they did was turn him over on his stomach in case there was any obstruction to the mouth, it would come out.
He said an officer had 2 cups of water and another officer had brought some. Helms said he poured water on Anderson’s head to see if he’d get a response but he says he did not.
He said another officer was straightening Anderson’s legs.
Helms said he remained by Anderson, constantly talking to him. He said he did not put his knee on his back or chest. He said you would certainly not do that when a kid is in crisis.
Helms said he believed the nurse was listening for respiratory sounds, making sure he was still breathing.
Helms said the nurse continued to report his pulse and respiratory rates as normal.
Helms said with shock you want to constantly maintain contact.
He said he was telling him it was going to be alright, we’re going to get you to the hospital.
Helms said it took about 5 minutes for EMS to respond and he stayed with him the whole time.
He said he was concerned about shock and commanded them to remove his shoes and loosen restrictive clothing.
He said he was not allowed to go on the life flight, he may have left Anderson’s side for one bathroom break.
Helms said they always try to get in touch with the parent first but if it comes down to it they will handle it.
Helms said he wasn’t sure if someone contacted the parent but he said he’s sure they did because they arrived at the emergency room.
The defense turned the video off.
He said he stayed with Anderson because you never leave one of your soldiers, you never leave one of your troops.
He told the doctor at Bay Medical that Anderson collapsed and they had used ammonia. Helms said he didn’t tell the doctor about hammer strikes or knee strikes or anything that happened before he came on the field.
Helms went back to the boot camp and told him he was driving to Pensacola to meet the youth at Sacred Heart.
Helms said he talked to the doctor at Sacred Heart.
Anderson’s mother returned to the courtroom.
Helms said he asked the doctor at Sacred Heart if ammonia capsules could do this. He said he was told absolutetly not. He said he didn’t believe it, this kid came in here healthy, he was in great shape. He said he was trying to figure it out.
Helms said while he was at Sacred Heart FDLE asked some questions and took some pictures of Anderson in his bed. He asked them to accompany him in talking to the family.
He wanted to question the family about anything. He wanted to know if there was just something they missed that they didn’t know about. They said no he didn’t have allergies.
Helms asked about drug use they were not aware of. He said he went back to his room and stayed with him the entire night.
Helms said a doctor came in and talked to the family about removing him from life support. He said he was dumb founded. He said he was in perfect health. He couldn’t believe it.
He said the family came in to give their permission to remove him from life support.
Helms said he was there when he passed away.
Helms said he never lost a man at the boot camp or seriously injured.
Helms said he did not attempt to hurt Anderson.
Defense- Waylon Graham
Witness- Lt. Helms
Helms said on intake day you would see a kid stagger and go to the ground. He said you would go over and talk to them. He said you could use the ammonia capsule or try and pick them up.
Helms said you would come the hand over the mouth and break the capsule in front of the nose. He said you would hold their chin to keep them from trying to turn away and fight and resists and to keep them from raring back.
Helms said capsules were never used for punitive reasons.
He said usually for a kid who was fainting or pretending to pass out you’d see them hold their breath and you’d have to do it for some seconds to get a reaction.
Helms said it was not in a manual. They knew how to use them because the instructions were on the box. Helms was shown a box of ammonia capsules used at the boot camp.
Helms read the instructions out loud to the jurors. He said they followed the instructions.
Helms was asked if he saw any young man harmed by ammonia capsules. He said no. He said no one made an attempt to hide the use of ammonia capsules.
Helms said everyone at the boot camp knew they were being filmed.
Helms was asked if there was any attempt to hide ammonia from visitors who come on the first day. He said no.
He testified that the nurse is there to make sure there is anything that they need to be made aware of.
Helms said they think anyone who comes there is ready for the boot camp.
Helms said he could rely on the nurse and he believed his men could rely on her.
He said most of the time she would come right out, other times they would have to call her.
He said she usually carried a stethoscope.
Helms said drill instructors accompanied offenders to the nurse’s office.
Helms said they had a duty to the nurse to make sure she was not in harm’s way.
He says they have had offenders attempt to move towards the nurse and they have had to take them down.
Helms stepped down and demonstrated the escort position on Graham. He said to his knowledge he had never had an offender harmed in the escort position. He said its not a use of force.
Helms also said that ammonia capsules are not a use of force and they are not required to do a report.
Helms said he was on the field for a good portion of the training that morning. He said the next guy down would assume the field and training would continue.
Helms said he was on the telephone and he saw the nurse come outside of his office and he said she indicated there was a problem on the PT field and she needed some assistance. He said he was two others leave with her so he finished his conversation and then walked out to the field.
Helms said he heard Anderson say something to the effect that he wasn’t going to do it or he’ll do it tomorrow.
Helms said he walked around to the back to see what was going on.
Helms asked the nurse about his condition and was told his heart beat and respiratory rate were normal.
Helms said Anderson’s eyes were opened and they were moving around.
He said he didn’t know who was talking to him but he knew someone was.
The defense is now playing the video so that Helms will explain what’s going on from his perspective.
Court is back in session.
Waylon Graham is continuing to question Lt. Helms.
Court is on break for 10 minutes. Judge Overstreet says they will continue with the witness when court resumes and then they will conclude for the day.
Defense- Waylon Graham
Witness- Lt. Helms, Bay County Boot Camp
Lt. Helms is the first defendant to take the stand. He worked at the boot camp from its inception in 1994.
Helms said he was a drill instructor in the military and was honorably discharged.
Helms talked about the military backgrounds of the other defendants in the case.
Helms testified that they relied on military background experience combined together to put the boot camp together.
Helms was the second in command at the time of the incident.
He said he went back to school to get his law enforcement certification. He also went through the field officer training program. He became a sworn law enforcement officer.
Lt. Helms said he ran the boot camp on a day to day basis with Sgt. Raymound Hauk.
He said known gang members would direct violence to guards, other offenders and workers. Helms said he learned they had to separate opposing gang members.
Helms said in classrooms you had to try and separate them in different sections of the classroom.
Helms said for offenders to do anything they had to raise their hands so you could see there was nothing in their hand and they would have to be recognized and give the appropriate response and command to speak.
Helms said there were many reasons that boiled down to safety of those in the classroom.
He was asked about the concern for a pencil getting out. He said it could be used as a weapon.
He said drill instructors were responsible for safety.
Helms testified that anytime there was an incident they would sit down and try and figure out how to keep it from happening again.
He said they had to be concerned about violence everyday.
Helms talked about how they have to account for plastic flat wear show it to the drill instructor, throw it away and then go back to their seat.
Lt. Helms said the concerns continued outside. He said wash outs under the fence were a concern as an escape risk.
Helms said the sand is soft sand with shells, glass and trash in the sand. He said as it is packed down, trash will come up.
Helms said they also have things thrown over the fence.
He said there was never a time they could not be concerned about safety issues.
Helms was asked to discuss the dot system. He said they designed it for their program. He said a red dot indicated gang related or violence. Yellow was a kid they didn’t have to worry too much about, things that didn’t involve violence or gang activity. He testified that a blue dot indicated that the kid had used a weapon in a crime.
He said they were constantly trying to get as much information as they possibly could from DJJ.
He said they would affix a dot based on information they had. Helms said Anderson had gang activity and violence in his background in his mental health screening. He says they put a red dot on his file.
Helms testified that they would affix a red dot on the kid’s binder. He said another dot would be put on the outside of the door at the top.
Helms said the program worked very well for them.
He said on intake day they would have a list and would have a dot by their name.
Helms testified that the purpose of the medical screening was to try and find anything that had not been discovered in the previous processes.
He said they would look for things that would be automatic excluders from coming to the boot camp program. He said Florida Statute indicates the offenders must be physically and mentally capable of completing the intent, confrontation program.
Helms said the program was very strenuous. They did exercise in the morning and afternoon and as sanctions for inappropriate behavior.
Helms testified that there were times when they were more strict at the Bay County Boot Camp than DJJ.
He said the last thing they were trying to do was to keep people out who would be harmed.
Helms testified that they never lost an offender at the boot camp.
He says there was one instance where someone was injured. They said there was a kid who had a previous injury. He blew his knee out on the first day and then told them he was hit by a watermelon truck.
Helms said if anything was checked yes they would evaluate it and then separate the offender and request a transfer.
Helms was asked why they should be concerned about a closed first. Helms answered that the first day they have to establish control. He said it is important because anything can be used as a weapon.
Helms was asked about the number of guards around the offenders. Helms said it’s not just a show of force. He says officer presence is part of the use of force matrix. He said they learned they need to always call for back-up. He said they’d never had a kid hurt using the technique and it seems to work.
Helms was asked why they put the offenders up against the fence. He said it would be easy to take him to the ground if needed. He said that he is trying to avoid more force or a greater amount of force.
Helms said the ultimate goal is for offenders and staff not to be hurt.
He said this is part of their training and it is approved by the Sheriff’s Office.
Helms was asked about the technique of taking the offender to the ground. He said it’s a lot softer on the ground than against the fence. He said you want to hold his arms and legs. He said he was trained to do that through the Sheriff’s Office and it is part of the training manual. Helms said the technique works.
Helms demonstrated for the jury what a hammer strike is. He said it’s used to strike a nerve to open their fists. He said commands are given to open their fists at the same time as well. The said it is done on the forearm between the wrists and elbow. He said he learned that through criminal justice standards of training through the FDLE and at the boot camp.
Helms said he never had an offender injured by that technique.
Helms then left his seat to demonstrate a knee strike for the jury using Graham. He said there are sometimes two purposes, to take a kid down to the ground easier or as distraction technique. He said he was taught this at Gulf Coast Community College and at the boot camp. Helms said the knee strike worked when applied appropriately.
Helms testified that he never had an offender hurt through those techniques. He said they are designed to prevent injury.
Helms said they received more training in use of force than road deputies.
Helms said the first day is the most important of the whole process, just like the first 30 days. He said they have to establish they are in charge. Helms said most of the time they would not take a kid who came late unless DJJ forced them ot.
Helms said it is shocking incarceration. He said the first thing they do is look them in the eye and put their hands on them and ask them to say sir, yes sir when responding.
Helms said he would like to take credit but they are under directives from DJJ.
Helms was asked about the physical assessment they perform on the first day. He said it consisted of sit-ups, push-ups and a mile and a half run.
Helms was asked about proper hydration training from his military experience. He said he brought that to the boot camp. He said the offenders were put in a line, their cups were filled, they had to drink it and go back into the line again. If they wanted more water they could get back in line and get more.
Helms said they could request more water. He said there was a cooler on the PT field.
Helms said to his knowledge no one tried to prevent offenders from getting water.
Helms said they had water fountains available.
Helms said instructors would count the number of laps each offender did. He said if they couldn’t run the distance they would be allowed to walk. He said that didn’t mean they would like it they would certainly try to motivate them to run.
Helms testified that the boot camp had been video taped as long as he could remember. He said they wanted to make sure to catch everything that happened on the PT field. Helms said on occasion depending on the incident it was sent to DJJ if the person in charge felt it was inappropriate.
Lt. Helms said when they tried to get out of shape kids to exercise the number of excuses would be outrageous.
Lt. Helms, the first defendant to testify, is now on the stand.
Prosecution- Scott Harmon
Witness- Capt. Thompson
Thompson was asked about the tag out procedure. He said they didn’t use it much. He was asked about the statements he gave earlier indicating they had used it a lot. He said over the years, yes.
Harmon asked Thompson about the section of the use of force policy variables to consider to decide on when to escalate or deescalate force. He was asked if this was another example of where the instructors were given the opportunity to use their common sense. He said yes.
Thompson was asked about sickle cell and him testifying that it is on the screening form. He said that would disqualify them. Thompson was shown the facility entry health screening. He agreed it is a form filled out by the nurse on the first day.
Harmon displayed the form on the screen. He was asked about it being designated as sickle cell disease, Thompson said that is correct on this form.
Thompson was asked if he had heard of sickle cell trait before January 6, 2006. He said he couldn’t say that he had.
Thompson was asked if he had the option of sending the juvenile back to court if they did not cooperate on the first day. He said he could have tried it but it had never been done.
Thompson agreed that the nurse was there to help watch over the boys, to make sure they were medically safe. He was asked if she had the ability to stop any conduct that was harmful. Thompson said yes.
Capt. Thompson said that before this incident he didn’t know that the nurse was providing ammonia capsules to the guards. He said the nurse told him on intake day she would just release the capsules to the instructors. He said he never gave the order.
Capt. Thompson was asked if he knew ammonia was being applied in the way it was before this case with the hands over the mouth and the capsules next to the nose. He said no he did not.
He said since his statement he has recalled the use in this manner on at least one occasion but it is not typical.
Thompson was asked if he recalled in his statement that he stated “I’m not sure where that came from” as far as guards putting their hands over the mouth.
He said on the day he gave the statement he had no notes and did the best he could. He was asked how much notice he received. He said he wasn’t sure.
He said that Lt. Helms told them they put hands over mouth to make sure they breathe ammonia.
He said he was not well aware of hands being put over the mouth before this case. He was asked why it wasn’t well known? Capt. Thompson said it wasn’t used a lot.
He was asked whose responsibility it was for them to tell him about hands being used over the mouth. He said he did have a discussion with Lt. Helms before this case.
Thompson was asked if it was his understanding that ammonia was used only when it was medically necessary. He said yes.
Thompson was asked if he knew any reason to use an ammonia capsule on an alert person. He said he wouldn’t see any need.
Thompson was asked if he authorized ammonia capsules were being used as a compliance tool. He said no and said if he had known he would have put an end to it.
Defense- Robert Pell
Thompson was asked if ammonia was ever used as a compliance tool at the boot camp. He said no, not to my knowledge.
Defense- Waylon Graham
Thompson was shown screening documents for Anderson by Graham and how sickle cell was identified on each one.
He said DJJ used the more broad definition of just sickle cell.
The boot camp identified it as sickle cell trait.
Another form said sickle cell anemia.
He was asked if any of those had been checked yes, prior to arrival he probably would have been disqualified from the program or he would have went for further testing.
He said Florida Statute requires screening for them to be successful in the program.
Defense- Ashley Benedict
Thompson agreed that the nurse was not trained in use of force.
Thompson said that his understanding was that the guards were getting the ammonia from the nurse and not that she was giving them to the guards on intake day.
He was asked if there was a difference. He said it would indicate to him she had to because they didn’t have them.
Defense- Waylon Graham
He was asked if generally speaking if out on the field if it’s Lt. Helms program. He said yes. He agreed he is not on the PT field that day.
Defense- Ashley Benedict
Thompson said he signed off on all purchases made by the nurse including ammonia capsules.
Prosecution- Scott Harmon
Thompson was asked if he would defer the purchasing to the nurse for the most part. He said yes.
Court is now in session after a brief break.
The jury is now seated.
Capt. Thompson is still on the stand.
Court is now in afternoon break until 3:30 p.m.
Defense- Walter Smith
Witness- Capt. Thompson
Thompson said he heard a 911 situation on the training field with a youth and he left his office. He said by the time he got out he heard the ambulance. He said his concern was to direct them to the right location.
He said after that he attempted to contact his supervisor at the Bay County Sheriff’s Office to tell them about the incident but he was unavailable. He said he drove over to Bay Medical.
Capt. Thompson said when he got there Lt. Helms was there in the room with Martin. He said he stood at the nurse’s station outside the door so they could do what they had to do to figure out what was wrong. He said he was there until they transported Martin. He was there when his mother and father arrived.
Capt. Thompson said he then returned to the boot camp and had contacted his supervisor.
He said that at a meeting with Bay County Sheriff Frank McKeithen, the Sheriff decided to conduct an investigation. He said internal affairs and criminal investigators with the Sheriff’s Office and later FDLE investigators showed up.
Capt. Thompson was asked if he was aware of the video tape. He said yes but he wasn’t sure who got custody of it.
Thompson said he has seen the video tape but did not on the first day.
Thompson said the Sheriff had questions about the use of force and the use of ammonia.
There were several objections to questions. The judge sustained them.
Defense- Attorney Robert Pell
Pell displayed the use of force matrix on the projector.
Capt. Thompson went to the projector to describe what an officer looks for.
He said if an offender gave active physical resistance the highest level of force would be an intermediate weapon. He said intermediate weapons are not used at the boot camp.
Capt. Thompson said that the instructors are taught appropriate and inappropriate techniques during their training.
Prosecution- Scott Harmon
He was asked about the boot camp motto, saving lives, one child at a time. Thompson agreed that it was an important part of the boot camp.
Thompson agreed that the camp was a paramilitary type of camp not a military camp.
Thompson was asked about the mission statement of the boot camp in the Florida Statute. Maturity, motivation and self control. He said it was very similar.
Thompson was asked if he would agree that as part of the use of force matrix that the instructor was to use the least amount of force necessary to get the results they were looking for.
Thompson agreed that with the use of force policy they should also use common sense.
He asked if at some point that it becomes obvious that they can’t comply anymore if they should not use force. He said if it becomes obvious yes.
Thompson agreed that the boys who come through the boot camp they are then responsible. He says that’s one Lt. Helms went because he was acting as the parent.
He was asked just like parents you all were expected to protect Anderson. He said yes.
Capt. Thompson was asked about intake days being called all hands on deck. He said that was correct but he would not call it a show of force.
Thompson was asked about a stop procedure where someone observes once use of force begins. Thompson said he never heard of it.
He was then asked about his statement he gave last year. He was asked if he testified about a stop procedure for the nurse and supervisors. He said he may have used their terms.
Capt. Thompson said it’s a tag out, yes.
He said the nurse had the authority to stop what was happening in the field if she felt there was a medical issue.
Capt. Thompson was asked about the tag out where one drill instructor can put his hand on another and they back up. He said they could do so.
The jury was excused.
Thompson was asked about meeting Martin and his mother, Gina Jones
Thompson said he was called by Emerald Bay Academy to see if it would be possible to get Martin into the camp early before the intake day. Thompson said the intake day had been postponed. He told him that was not possible. He recommended that the parents contact him to see if they could assist with Martin’s conduct at school.
Thompson said Jones told him she was upset with Martin and had to leave work to go to the school. He says she was concerned.
Thompson said Jones and Martin came along with his sister to the boot camp.
Thompson says Jones was agitated at Martin.
He said based on the disciplinary actions that every day or every other day he was getting in trouble at school. She asked about getting him in early.
He said that Martin didn’t participate in the conversation.
Thompson said he asked to talk to Martin alone. He said he told him if he wasn’t careful he could get another charge and would have to go somewhere other than the boot camp. He says Martin did not talk. He said he was listening.
Thompson did not recall passing on any information.
Prosection objected on the basis that it was here say and the objection was sustained by Judge Overstreet.
The jury is now b
Prosecutor Scott Harmon began questioning Dickens.
Dickens agreed that ammonia could have strong fumes that would cause a reaction.
Dickens said most of the time ammonia gives a pretty quick response. He said sometimes you get a violent head reaction, sometimes you do not. He said they hold the chin so they don’t get the violent reaction.