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Boot Camp Trial Day 4 - Updated 8:10 pm
 
Monday, Oct 08, 2007 - 05:00 AM Updated: 10:37 PM
 
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By Tuquyen Mach

Panama City, FL - Testimony resumed Monday in the trial of eight former boot camp employees, and for the first time the defendants are telling their side of the story.

They're charged with aggravated manslaughter of a child after the January 2006 death of a juvenile offender.

If convicted, Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck, Charles Helms, Henry McFadden, Kristin Schmidt, and Joseph Walsh face up to 30 years in prison. 

The prosecution wants to prove the defendants were culpably negligent in Anderson's death.

Court resumed at 8:30 a.m.  The first witness called was Andy Anderson, a contract monitor for the Department of Juvenile Justice.  He stated there was nothing in the boot camp policy manual regarding the use of ammonia capsules for non-medical purposes, but he also stated the use of ammonia capsules was not considered a "use of force" issue.

The second witness was Dr. Shairi Turner, the medical director for the Department of Juvenile Justice.  She answered questions about her own investigation into the Anderson incident, including her conversation with the camp nurse, Schmidt, about what had happened.

Turner testified according to her notes from the conversation Schmidt did not say ammonia capsules had been used on Anderson or that the guards had covered his mouth at times. She also said sickle cell trait is not a disqualifying factor for participation in DJJ programs.

On cross examination, Turner admitted some of the programs may have had stricter policies regarding sickle cell trait that she was not aware of.

Court recessed, then the attorneys returned to deal with some legal matters without the jury present.

The state rested their case around 10:30 a.m. 

The defense then made a motion for a judgment of acquittal on the charge of aggravated manslaughter of a child, because they say there's been no evidence given that this was a "willfull" action. 

Prosecutor Mike Sinacore and Defense Attorney Walter Smith argued the point in front of Judge Michael Overstreet. Ultimately, Judge Overstreet denied the motion, saying he must consider the evidence and testimony presented in a light most favorable to the state.

Upon the jury's return to the room, defense attorney Walter Smith then gave his opening statement.  He says he expects every defendant to testify.  Smith says that day was just a day at the office for the defendants, and they never intended to abuse or neglect Anderson.

"[They say] Martin Anderson was about a week shy of his 15th birthday and still a kid. He wasn't a kid in the eyes of the people at the boot camp. He was a six foot, 168 pound, physically-fit adult felony offender. That's what he was in the eyes of the people at the boot camp, and that is the approach they had to take with him and any other offender at the boot camp, not because that's what they wanted to do, but because that's what the law required them to do," Smith told the jury.

Court then recessed for lunch just after noon.  Proceedings resumed at 1:30 p.m.

Prosecutor Mike Sinacore objected to having Captain Mike Thompson be considered a use of force expert. Defense attorney Walter Smith said Thompson would mainly testify that none of the actions of the guards were out of the ordinary. The judge ruled Thompson would keep his answers contained to a certain set of parameters and not give his opinion.

Sinacore also objected to any mention about the boot camp and specific success stories, which he said wouldn't be relevant since the boot camp itself wasn't on trial. The judge said he wouldn't rule on that unless it came up in testimony.

The defense then called its first witness, Captain Mike Thompson, who was commander at the Bay County Sheriff's Office Boot Camp when Anderson entered the program.

A line of questioning about a meeting Thompson had with Anderson's mother and Anderson when she said she wanted to put him in the program was rejected by the judge for lack of relevance to the case.

Thompson said the boot camp's health form asks if the offender has sickle cell, sickle cell disease or sickle cell trait.  All of those boxes on Anderson's were checked no.  Thompson said if any had been checked, Anderson probably would've been disqualified from the program.

Attorney Waylon Graham then called his client, Lt. Charles Helms, to the stand just after 4:00 p.m.  He was the highest ranking officer on the field the day Anderson collapsed while running at the camp.

Helms testified about general procedures at the boot camp and his role there.  He also recounted what happened on January 5, 2006, using the videotape to give his testimony.

"From the time that I walked into the frame to the time that I actually recognized that this is not normal, is 3 minutes and 26 seconds," Helms said.  He said it was about 75 seconds later when he gave the order for someone to call 911.

Helms said he didn't leave Anderson's side from the time he got in the ambulance going to Bay Medical Center until doctors life-flighted Anderson to a hospital in Pensacola.  "It's one of my kids. I'm responsible. I'm the officer in charge. I've been in the military for a long period of time. You never leave one of your soldiers. You never leave one of your troops," said Helms.

Court wrapped up for the night around 6:30 p.m. Helms will take the stand again for cross examination at 8:30 a.m. Tuesday.  The other defendants are also slated to testify.

Bay County medical examiner Dr. Charles Siebert will likely testify on Wednesday. He ruled Anderson died a natural death from complications of sickle cell trait.

A sickle cell expert from Oklahoma is slated to be the defense's last witness.

The jury was originally supposed to get the case on Friday, but it's possible they may begin deliberations on Thursday.

Stay tuned to wmbb.com and News 13 for the latest on the trial.  You can watch live streaming video by tuning to digital channel 13.2 or clicking on the link below.

Full Boot Camp Trial Coverage >>