The Martin Anderson Verdict

Sue Carlton reports that no one in Panama City is surprised by the Martin Anderson verdict. Black Pastor Rufus Wood told Carlton, "I am disappointed. But not surprised." The all white jury took only 90 minutes to reach a verdict. Seven guards and a nurse were found not guilty.

FDLE chief Guy Tunnel and former Bay County medical examiner Charles Siebert were fired for their mishandling of the Anderson case. They were quickly hired by the Bay County State Attorney. The same office responsible from prosecuting the boot camps guards and nurse.

Tunnell went to great effort to keep the infamous videotape from going public. Siebert said Anderson died of Sickle cell trait. The Sickle Cell Disease Association of America ruled that the findings didn't pass the laugh test.

Doctor Willarda Edwards is president of the Baltimore-based association on sickle cell. She says her organization is emphatic that the death is unrelated to the sickle cell trait.

As she put it: "Attributing the death of this young man to sickle cell trait given the physical punishment he was put through does a disservice to the public and those in the sickle cell disease community."

Carlton reported other troubling factors from the trial.

As the manslaughter trial of the seven guards and the nurse played out in a Panama City courtroom, local Sheriff Frank McKeithen regularly seated himself on the right side, behind the guards and alongside their families.

The message was as clear as the blue-green waters of those Panhandle beaches not far away.

Siebert's medical credibility in Florida in in shambles. This man did an autospy on the very female Donna Reed. His report found Reed had "unremarkable prostate gland and testicles." Yet, the defense used him as their star medical witness.

Defense Attorney ripped Charlie Crist for interferring in Panama City business. Judge Michael Overstreet watched his Courttv interview and found it humorous. Overstreet removed Robert Anderson, Martin's father, from the court. He later allowed him back in.

“I don’t care who it is,” he said. “I don’t care who is watching. I have to follow the rule of law and the rules of this court. I don’t care about much else.”

The Justice Department is looking into filing federal charges. This is reminiscant of the Jim Crow era. Charges would have to be brought to federal court because no local court would find the defendant guilty.

Update: The Palm Beach Post has a fantastic op-ed on the Anderson verdeict.

Former Bay County Sheriff Guy Tunnell resigned as director of the Florida Department of Law Enforcement after bragging in e-mails to the current Bay County sheriff that he would block public release of the video and comparing Jesse Jackson to Jesse James and Barack Obama to Osama bin Laden. He quickly was hired by Bay County State Attorney Steve Meadows.

After the state Medical Examiners Commission voted to fire Bay County Coroner Charles Siebert, and the official overseeing his work said Dr. Siebert had a "lack of honesty and integrity," Mr. Meadows rehired him.

Voter Fraud Used For GOP Political Gain

The White House has had so many reports rewritten to suit their political purposes that it isn't even news anymore. This time it's the bogus voter fraud story they are pushing.

WASHINGTON, April 10 — A federal panel responsible for conducting election research played down the findings of experts who concluded last year that there was little voter fraud around the nation, according to a review of the original report obtained by The New York Times.

Instead, the panel, the Election Assistance Commission, issued a report that said the pervasiveness of fraud was open to debate.

Republicans have used the voter fraud cover story to make voting more difficult for monorites and the poor. This letter to John Ashcroft by members of Congress outraged that the Florida Department of Law Enforcement mysteriously unsolved voter fraud investigation. (No link.)

We are deeply disturbed by recent reports that raised concerns that an investigation being conducted by Florida Department of Law Enforcement officers was intimidating elderly members of Orlando's African-American community. The "visits", according to the police officers involved, were part of an investigation of voter fraud allegations that arose during the mayoral election in March of this year (2004.)

The winner of the election was Democrat Buddy Dyer. He was suspended as Mayor and later charges were dropped.

Special prosecutor Brad King dropped all charges against Dyer and three co-defendants -- campaign manager Patti Sharp, political consultant Ezzie Thomas and Circuit Judge Alan Apte.

Gov. Jeb Bush promptly lifted the suspension that barred Dyer, 46, from holding public office. City officials immediately scrapped plans for a special election two weeks from now, while candidates reacted with consternation at the newest twist in the increasingly surreal world of Orlando politics.

The FDLE statement said, "... it was determined that there was no basis to support the allegations of election fraud concerning these absentee ballots. Since there is no evidence of criminal misconduct involving Mayor Dyer, the Florida Department of Law Enforcement considers this matter closed." Yet, they questioned elderly blackvoters after releasing this statement. The head of FDLE, at the time, was Guy Tunnell.

Guy Tunnell is Back

I was recently tipped off about this in an email from Kevin Wood. Bad cops don't go away. They just get another job. Case in point is Guy Tunnell. Like a bad cold. He won't go away.

The next month, some black community leaders are upset to learn Tunnell has been hired as an investigator in the State Attorney's Office.

"If you were connected to some kind of investigation that was going on, you most certainly wouldn't be given until a job until it was resolved. In this case he was given a job before it was resolved. It looks like to me that represents a lack of respect for human life," says Rev. Woodrow Wilson, president of the Bay County Interdenominational Ministerial Alliance.

State Attorney Steve Meadows is forced to defend his newest employee.

"He's contributed greatly to the efforts in the State Attorney's Office. It would be inappropriate for me to discuss what particular cases he's working on, because we don't want to alert the potential defendants out there what his activities may be," says Meadows.

Six months after becoming an investigator with the cold case unit, News 13 wants to know if Tunnell is earning his $70,000 paycheck.

You may remember Tunnell tried to not allow the videotape of Martin Anderson's death to go public.

"Ain't gonna happen," Tunnell wrote in an e-mail to FDLE staffers about the request.

But one of the lawmakers who first saw the video said Tuesday FDLE should've stayed out of the Bay County troubles since the boot camp was conceived by Tunnell when he was sheriff there.

"I encourage the state attorney's office who is investigating this and I know the federal government is investigating this, to look at what potential cover up has been and all the potential players in it," said state Rep. Gus Barreiro, R-Miami Beach, adding that "from day one, there's been a big cover up on what happened to Martin Lee Anderson."

It did happen and Tunnell was forced to resign against his personal wishes. Black community leaders have good reason to fear Tunnell.

During a staff meeting, Tunnell reportedly referred to Jesse Jackson as "Jesse James" and referred to Sen. Obama as "Obama bin Laden".

Kevin Wood provides this additional background information on Tunnell.

The primary issue, among other issues of Bay County corruption, that John raised in 1993 was a scheme called Cash Register Justice involving a payoff scheme involving the state attorney’s office and local law enforcement, particularly Cedar Grove Police Department for mostly DUI cases, in which defendants made “contributions” to law enforcement or other agencies in the court system or elsewhere to have charges dropped or reduced. The Bay County Sheriff’s Office (BCSO), i.e. Tunnell, was also involved.

The Bay County Grand Jury condemned the practice and it was stopped, mainly because the courts in Florida had deemed the practice illegal.

Wood has a history with Tunnell.

Circa 1997 to 1998 I then became involved in the Sun Dancer matter where Tunnell authorized 18 or more deputies to attack the black business because, after meeting with white neighbors, those neighbors didn’t want a “black” business in their neighborhood. The extent of Tunnell’s conspiracy with neighbors and against the patrons and owner of the Sun Dancer is better detailed in the Judge Mickle order I sent you.

In the minds of Hess and Tunnell I was public enemy number one. As such, I have since been barred from the courthouse by Hess and this order has been enforced by Tunnell.

My initial interest was for community concerns, i.e. payoffs and civil rights violations, but when Hess and Tunnell turned that to retaliation against my family and I for my speaking out on these matters, it has become personal.

In 1998 my 12 year old daughter was sexually assaulted by an 18 year old. I was also running for Clerk of Court in Bay County at the time. My daughter was on a weekend visitation with my ex-wife’s family. Failing to supervise my daughter allowed the 18 year old to have access to her. In June 1999 my grandson was born a product of the assault. I had custody of both of my daughters and raised my grandson from diapers in 1999 through about 2003 when my daughters went out on their own. Both are now married, I have three grandchildren, and my older daughter is serving in Korea in the Air Force until next December.

Wood's story was written about at Citizens For Judicial Accountability.

Imagine being told you can't go into the courthouse -- even to attend your daughter's child-support hearing.

A Panama City man says that's what happened to him.

More than three years ago Kevin Wood was barred from the Bay County Courthouse by Judge Glenn Hess for inappropriate behavior and being a nuisance.

Now, because of Hess’’ court order, Wood must be escorted through the courthouse by a sheriff deputy when he has official business to conduct. Wood says he must make arrangements for a courthouse visit at least three hours in advance.

But Hess refused to allow Wood into the courthouse on June 27. That’’s when Wood asked to accompany his 16-year-old daughter to a child-support hearing for her 3-year-old son. "When we showed up at the front door of the courthouse,"" Wood says, ""we were confronted by two armed bailiffs."

Wood explains how Tunnel's office reslly didn't like him.

Instead of investigating who assaulted and caused the pregnancy of my 12 year old daughter, Tunnell authorized Lt. Janet Miller, wife of Tunnell’s second in command, Major W.E. Miller, to investigate me for getting my own daughter pregnant. Within hours of the baby’s birth, where I was the ONLY family member at the hospital to care for my daughter, Miller came to the hospital, threatened me with arrest if I entered my then 13 year old daughter’s room, closed the hospital room door, and forced me to stand outside the door and listen to my daughter crying and pleading with Miller that I had nothing to do with it for nearly a half hour. Miller then left I continued to care for my daughter and calm her down.

Tunnell is set to retire in 2008 and get his pension.

Mark Ober's Slight of Hand

It's amazing what some political pressure can do. Seven guards and a nurse have been charged for aggravated manslaughter of Martin Anderson. That's the good news. The bad news is people involved with covering up Anderson's death are not being charged. State Attorney Steve Meadows was reclused for deleting emails with information on the Anderson case. His replacement, Mark Ober, cleared him under pretenses that don't pass the B.S. test.

"Meadows routinely deleted all e-mail from his computer under the mistaken belief that the e-mail could be retrieved from a backup server if needed. Meadows did not attempt to hide information pertinent to the investigation."

Meadows wanted to save the email. That's why he deleted it. Does Ober expect anyone to truly believe that?

Guy Tunnell was also cleared of accusations that he tried to obstruct the investigation. This is the same Tunnell who emailed FDLE staffers and told them the release of the Anderson videotape "ain't gonna happen." Tunnell also played email tag with Bay County Sheriff Frank McKeithen. The latter was also cleared by Ober. Jeb Bush's chief of staff Mark Kaplan tried to have Tunnell not release the video. After Tunnell decided to do so.

Ober also cleared Dr. Charles Siefert.

"It is clear from the evidence, however, that Dr. Siebert acted in the good-faith belief that he had the authority to conduct the autopsy in this case as the medical examiner for the 14th District," Ober wrote in his letter to Bush.

Siefert ruled that Anderson died of sickle-cell trait. The Sickle Cell Disease Association of America publicly debunked Siefert's findings. A second autopsy found suffocation to be the cause of death. This cover up has gone all the way to the Governor's office. It's time for the FBI and an independent prosecutor to step in.

Guy Tunnell Resigns

The heat from the recent Martin Anderson protests got to be too much. Guy Tunnell officially handed his resignation to Jeb Bush. It seems bizarre that Tunnell would talk to the St. Petersburg Times about his job and later in the day decide to resign.

Earlier in the day, Tunnell discussed his job with a St. Petersburg Times reporter, saying he was disturbed at all of the criticism he has received, but he did not indicate he had any immediate plan to resign.

Tunnell said he did not believe he had any problem with the governor, but he indicated he was ready for retirement after spending more than 30 years in law enforcement. He did not return calls Thursday night.

The Times, Orlando Sentinel and the Associated Press could not get Tunnell to comment about his resignation. It seems strange that Tunnell would talk to the Times, decide to resign and then not grant interviews from the media all in the same day.

The Miami Herald gives a possible explanation for Tunnell's sudden departure.

Guy Tunnell abruptly ended his controversial run as head of Florida's Department of Law Enforcement on Thursday, days after sources said he made off-color remarks comparing black leaders who were to attend a Capitol rally to Osama bin Laden and Jesse James.

Tunnell submitted his resignation to Gov. Jeb Bush hours after The Miami Herald requested he comment on whether he likened U.S. Sen. Barack Obama to terrorist leader bin Laden and the Rev. Jesse Jackson to outlaw James during a meeting of Bush's agency heads Tuesday. One person in the room and another source who spoke with an agency head told The Miami Herald about his remarks.

This isn't the first time Tunnell has been accused off racism. Cindy Farr ran the Sundancer night club. Tunnell was accused of racially profiling the night club. Farr filed a lawsuit. The corporation Farr worked for dropped the suit. However, Judge Stephan P. Mickle wrote that Farr had legitimate grievances.

Tunnell also tried to withhold the release of the videotape showing Martin Anderson's beating.

"Ain't gonna happen," Tunnell wrote in an e-mail to FDLE staffers about the request.

Tunnell has been implication with corruption for years. Why was he appointed to the FDLE? Tunnell wasn't even on the list on candidates. How Tunnell leapfrogged over other candidates is a potential stories for an entrepreneuring reporter.

Email Is Troubling

Jeb Bush on the email exchange between Guy Tunnell and Bay County Sheriff Frank McKeithen. Tunnell told McKeithen that he had no interest of releasing the videotape of Martin Anderson's bootcamp beating.

"E-mail is a very difficult thing," Bush said. "It's a means of public communication and on matters that relate to investigations I think making sure that people stay focused and disciplined on these things protects the folks that are being investigated and is also more respectful for the people who are grieving."

Email certainly is troubling. Turns out Bush's chief of staff, Mark Kaplan, was trying to get Tunnell to withhold the video. I can't wait for Jeb Bush's next quote on the issue.

Guy Tunnell Update

The Chief of the Florida Department of Law Enforcement had to apologize for playing email tag with Bay County Sheriff Frank McKeithen. Tunnell wrote "ain't gonna happen" in regards to the chances that he would allow the videotape of Martin Anderson's beating be made public. What makes matters more problematic is that Tunnell and the FDLE were in charge of the investigation and the Florida Medical Examiners Commission. State Attorney Mark Ober removed the FDLE from the case.

''Due to comments expressed by FDLE Commissioner Guy Tunnell in recently released e-mails regarding the Bay County Boot Camp, I have determined that it is in the best interest of this investigation that an independent law enforcement agency assist my office in completing this investigation,''

Orlando Sentinel columnist David Porter noted that Tunnell's son Bradley was involved in a controversy with Corrections Secretary James Crosby.

Bradley Tunnell, who quit corrections, said Corrections Secretary James Crosby tried to pressure him to get his father's agency to back off the investigations.

Crosby was forced to quit by Gov. Jeb Bush. Bear in mind that Bradley Tunnell told the St. Petersburg Times that he got his job in 2004 after his father and Crosby chatted at a Tallahassee social gathering. Oh, I almost forgot to mention that Guy Tunnell served on the transition team that analyzed the Department of Corrections for Jeb Bush's second term.

There's nothing like nepotism in the good-ole-boy network.

Tunnell is the former head of the politically-powerful Florida Sheriffs Association. That also explains how a man who was not one of the 28 candidates for the FDLE position got the appointment. Columnist Michael Mayo thinks that might be why the 2 year (and running) investigation into Broward County Sheriff Ken Jenne is going nowhere. Sheriff Jenne made over $60 consulting for T&M Protection Resources Inc. Not a bad sum of money for a man already making $156,395-a-year.

FDLE spokesman Tom Berlinger said, "We don't work these cases like they have to be solved tomorrow." Apparently not.

Boot Camp Cover Up

Jeb Bush isn't happy about Florida Department of Law Enforcement Commissioner Guy Tunnell playing email tag with Bay County Sheriff Frank McKeithen. Bush didn't mention that Tunnell was coordinating their efforts to keep the video of Martin Anderson's beating from becoming public.

"Ain't gonna happen," Tunnell wrote in an e-mail to FDLE staffers about the request.

But one of the lawmakers who first saw the video said Tuesday FDLE should've stayed out of the Bay County troubles since the boot camp was conceived by Tunnell when he was sheriff there.

"I encourage the state attorney's office who is investigating this and I know the federal government is investigating this, to look at what potential cover up has been and all the potential players in it," said state Rep. Gus Barreiro, R-Miami Beach, adding that "from day one, there's been a big cover up on what happened to Martin Lee Anderson."

Mike Cazalas of the Panama City News Herald wrote about charges of racism against Tunnell. Cindy Farr filed suit against Tunnell. She alleged that Tunnell was harassing the black patrons at the Sundancer night club.

What gets interesting is that the County Commission offered legal advice to the residents around Sundancer and provided a sample lawsuit. The county voted to file its own lawsuit, with former Commissioner Carol Atkinson dissenting.

“They are breaking no laws,” she said at the time. “Bay County is not some Third-World country where businesses can be shut down willy-nilly.”

The club did shut down. Cindy Farr, the proclaimed owner, filed suit. It was dismissed because a corporation, not Farr, owned the club.

But U.S. District Court Judge Stephan P. Mickle wrote in an order dated May 18, 2000, that most of Farr’s complaints merited being heard by a jury.