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Judge allows child neglect boot
camp verdict September 4,
2007
By David Angier
Circuit Judge Michael Overstreet
said the state is allowed to ask jurors to convict the boot camp
defendants of child neglect if the manslaughter charge is not
proved.
Former boot camp drill instructors
Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck,
Charles Helms Jr., Henry McFadden Jr. and Joseph Walsh II, along
with former camp nurse Kristin Schmidt, face charges of aggravated
manslaughter of a child and 30 years in prison each if convicted as
charged.
Child neglect is a third-degree
felony punishable by five years in prison.
They're accused of culpable
negligence in the death of boot camp inmate Martin Lee Anderson, 14,
who died Jan. 6, 2006, after collapsing during his initiation into
the camp.
Overstreet met with the lawyers in
the case last week to discuss numerous motions both sides filed in
preparation for trial. He made oral rulings at the time, then
submitted a written order late Friday.
The defense had asked Overstreet to
prohibit Tampa Assistant State Attorney Mike Sinacore from asking
jurors to consider lesser offenses besides manslaughter if the main
charge wasn't proved. Sinacore specifically wanted child neglect
included as an option and said if the judge ruled against him he
would file a separate count against the eight defendants so jurors
would have to consider it as another charge.
The defense said this was a
homicide case and no lessers besides those associated with
Anderson's death should be on the verdict form. The defense wants
only two options, aggravated manslaughter of a child and not guilty.
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