Martin Anderson: Every-Docket-Item-06004016cfmg - State of Florida vs. Schmidt, Kristin Anne

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06004016CFMG - STATE OF FLORIDA vs. SCHMIDT, KRISTIN ANNE

SUMMARY
Judge: OVERSTREET, MICHAEL C
Case Number: 06004016CFMG
Case Type: Criminal Felony
Status: CLOSED
Uniform Case Number: 032006CF004016XXGXMX
Clerk File Date: 11/28/2006
Status Date: 11/29/2007
SAO Case Number:
Total Fees Due: 0.00
Agency: STATE ATTORNEYS OFFICE
Agency Report #: M OBER
Custody Location: RELEASED
PARTIES
TY PE
PA R TY NA ME
DEFENDANT
SCHMIDT, KRISTIN ANNE
PLAINTIFF
STATE OF FLORIDA
A TTO R NEY
CHARGES
COUNT
DESCRIPTION
LEVEL
DEGREE
PLEA
DISPOSITION
DISPOSITION DATE
AGGRAVATED MANSLAUGHTER OF A CHILD (78207 3)
ACQUITTED
10/12/2007
EVENTS
D A TE
EVENT
~
JUDGE
L
L O CA TI O N
R ES U L T
10/12/2007 11:30 AM
ACQUITTED
OVERSTREET, MICHAEL C
CRTHOUSE 2ND FLOOR - WEST
Not Assigned
10/12/2007 8:00 AM
JURY TRIAL
Not Assigned
10/11/2007 8:00 AM
JURY TRIAL
Not Assigned
10/10/2007 8:00 AM
JURY TRIAL
Not Assigned
10/9/2007 8:00 AM
JURY TRIAL
Not Assigned
10/8/2007 8:00 AM
JURY TRIAL
Not Assigned
10/5/2007 8:00 AM
JURY TRIAL
Not Assigned
10/4/2007 8:00 AM
JURY TRIAL
Not Assigned
10/3/2007 8:30 AM
JURY TRIAL
Not Assigned
10/3/2007 8:00 AM
JURY TRIAL
Not Assigned
10/2/2007 9:00 AM
TRIAL MANAGEMENT
Not Assigned
9/26/2007 8:00 AM
JURY TRIAL
Not Assigned
9/25/2007 8:00 AM
JURY TRIAL
Not Assigned
9/24/2007 8:30 AM
JURY TRIAL
Not Assigned
9/4/2007 3:30 PM
PRETRIAL
NO INFORMATION
8/30/2007 8:30 AM
MOTION HEARING
Not Assigned
8/30/2007 8:30 AM
PRETRIAL
Not Assigned
6/19/2007 3:30 PM
PRETRIAL
Not Assigned
6/6/2007 9:00 AM
PRETRIAL
Not Assigned
3/20/2007 3:30 PM
PRETRIAL
Not Assigned
2/22/2007 3:30 PM
PRETRIAL
Not Assigned
11/29/2006 2:00 PM
FIRST APPEARANCE
COSTELLO, DEDEE S
CRTHOUSE 1ST FLOOR
Not Assigned
CASE HISTORY
CA S E NU MBER
12001683TR
CHA R G E D ES CR I PTI O N
DRIVER NOT WEARING A SEATBELT
CA S E S TA TU S
CLOSED
D I S PO S I TI O N
PAY FINE
O U TS TA ND I NG A M O U NT
0.00
NEXT EVENT
A L ER TS
CASE DOCKETS
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D A TE
11/29/2007
ENTR Y
CASE CLOSED
11/29/2007
CLOSED FOR OTHER REASON
11/29/2007
ORDER APROVING PAYMENT OF ATTY FEES/COSTS/REL. EXP.
11/20/2007
REOPENED FOR OTHER REASON
11/20/2007
...APPOINTED COUNSEL
18
11/20/2007
DEFT'S MOTION TO EXCEED STATUTORY CAP FOR COURT-...
10/12/2007
CASE CLOSED
10/12/2007
ACQUITTED SEQ: 1
10/12/2007
DEFENDANT APPEARED PRES W/ATTY FOR JURY TRIAL SEQ: 1
10/12/2007
VERDICT OF NOT GUILTY SEQ: 1
10/12/2007
DEFENDANT ENTERED PLEA OF NOT GUILTY SEQ: 1
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D A TE
ENTR Y
10/12/2007
DEFENDANT FOUND NOT GUILTY BY JURY OF PEERS
10/12/2007
SURETY BOND 2512612337 RELEASED 25000.00
10/12/2007
OVERSTREET MICHAEL C (DIV G)
10/12/2007
ACQUITTED SET FOR 10/12/2007 AT 11:30 IN CCW/ , JDG:
10/12/2007
JURY INSTRUCTIONS
10/12/2007
JURY SEATING CHART
10/12/2007
JURY PAYMENT INFORMATION
10/12/2007
VAULT LIST
10/12/2007
WITNESS/EVIDENCE LIST
10/12/2007
VERDICT FILED
10/12/2007
MINUTE SHEET
10/12/2007
COURT CLERK MINUTES
10/11/2007
PROSECUTOR: MICHAEL C. SINACORE ASSIGNED
10/11/2007
MINUTE SHEET
10/11/2007
COURT CLERK MINUTES
10/10/2007
MINUTE SHEET
10/10/2007
COURT CLERK MINUTES
10/9/2007
MINUTE SHEET
10/9/2007
COURT CLERK MINUTES
10/8/2007
MINUTE SHEET
10/8/2007
COURT CLERK MINUTES
10/5/2007
MINUTE SHEET
10/5/2007
COURT CLERK MINUTES
10/5/2007
10/5/2007
JURY TRIAL SET FOR 10/12/2007 AT 08:00 IN CCW/ , JDG:
10/5/2007
10/5/2007
10/5/2007
10/5/2007
10/5/2007
10/5/2007
10/5/2007
10/5/2007
10/4/2007
MINUTE SHEET
10/4/2007
COURT CLERK MIUTES
10/3/2007
JOINT EXHIBIT LIST-AMENDED
10/3/2007
MINUTE SHEET
10/3/2007
COURT CLERK MINUTES
10/2/2007
STATE'S WITNESS LIST
10/2/2007
STATES FOURTH MOTION FOR ORDER IN LIMINE-PARTIES HAVE RESOLVED ISSUE TODAY-NO RULING DONE AT THIS TIME
10/2/2007
JOINT EXHIBIT LIST
10/2/2007
DEFENSE EXHIBIT LIST
10/2/2007
STATE'S EXHIBIT LIST
10/1/2007
10/1/2007
10/1/2007
10/1/2007
10/1/2007
CORRESPODENCE
9/27/2007
..FOR ORDER IN LIMINE
9/27/2007
MOTION FOR REHEARING ON THE STATES FOURTH MOTION..
9/27/2007
NOTICE OF HEARING
9/26/2007
PROCESS OF JURY SELECTION
9/26/2007
MINUTE SHEET
9/26/2007
COURT CLERK MINUTES
9/26/2007
9/26/2007
9/25/2007
MINUTE SHEET
9/25/2007
COURT CLERK MINUTES
9/25/2007
9/25/2007
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9/25/2007
JOINT STIPULATION OF FACTS
9/25/2007
JOINT STIPULATIONS REGARDING EVIDENCE
9/24/2007
MINUTE SHEET
9/24/2007
COURT CLERK MINTES
9/24/2007
9/24/2007
9/24/2007
STATE'S AMENDMENTS TO TRIAL WITNESS LIST
9/21/2007
TRIAL MANAGEMENT ORDER
9/21/2007
...LESSER CHARGE OF "CULPABLE NEGLIGENCE"
9/21/2007
ORDER GRANTING DEFT'S MOT FOR JURY INSTRUCTION ON THE
9/21/2007
...SINGLE INFORMATION
9/21/2007
DEFT'S MOT RE MULTIPLE DEFT'S BEING CHARGED IN A...
9/20/2007
...ATTORNEY TO RETAIN EXPERT FOR TRIAL
9/20/2007
DEF MOTION FOR ORDER TO AUTHORIZE DEFENSE...
9/20/2007
...LESSER INCLUDED OFFENSE OF "CULPABLE NEGLIGENCE"
9/20/2007
MOTION FOR DEF'S PROPOSED JURY INSTRUCTION ON THE...
9/20/2007
JDG: OVERSTREET MICHAEL C (DIV G)
9/20/2007
TRIAL MANAGEMENT SET FOR 10/02/2007 AT 09:00 IN zzz/,
9/20/2007
...CONFERENCE FOR 10/2/07 @9:00AM IN CHAMBERS
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9/20/2007
ORDER SCHEDULING CASE MANAGEMENT AND CHARGE...
9/19/2007
STATE'S MOT FOR IN CAMERA REVIEW OF RECORDS UNDER SUBP
9/12/2007
..PROPSED JURY INSTRUCTIONS
9/12/2007
ORDER RELATING TO STATES AND DEFENDANT'S..
9/5/2007
...ON FORESEEABILITY REQUIREMENT
9/5/2007
MEMORANDUM IN SUPPORT OF DEF'S REQUEST FOR INSTRUCTION
9/5/2007
DEF'S MOTION TO SEAL BILLING RECORDS
8/31/2007
...TO DEFENSE MOTIONS IN LIMINE
8/31/2007
STATE'S NOTICE OF AUTHORITY RELIED UPON IN OPPOSITION
8/31/2007
...MOTIONS FOR ORDER IN LIMINE
8/31/2007
STATE'S NOTICE OF AUTHORITY RELIED UPON IN SUPPORT OF
8/31/2007
ORDER ON STATE'S AND DEFENDANT'S MOTIONS IN LIMINE
8/30/2007
AMENDED INFORMATION FILED
8/30/2007
..PRE-EXISTING MEDICAL CONDITION-HELD FOR RULING
8/30/2007
DEF'S OBJECTION TO STATES PROPSED JURY INSTRUCTIONS..
8/30/2007
..HIMICIDE-HELD FOR RULING
8/30/2007
DEF'S PROPOSED JURY INSTRUCTIONS RE: EXCUSABLE.....
8/30/2007
..MANSLAUGHTER OF A CHILD-HELD FOR RULING
8/30/2007
DEFENSE PROPSED JURY INSTRUCTIONS RE: AGGRAVATED..
8/30/2007
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8/30/2007
DEF'S DICKENS MOT TO ALLOW ISSUANCE OF SUBPOENA DUCES TECUM W/O DEPOSITION TO CLERK OF JUVENILE CRT-JUDGE ORDERS THAT DEF CAN GET COPY OF
TRANSCRIPT OF HRG FROM COURT REPORTERS, NO SUBPOENA NEEDED.
..W/O DEPOSITION TO LIFE MANAGEMENT-GRANTED
8/30/2007
DEFS HAUCKS MOT TO ALLOW ISSUANCE OF SUBPOENA DUCES..
8/30/2007
..HOMICIDE LESSER INCLUDED OFFENSES-HELD FOR RULING
8/30/2007
DEF'S MOT IN LIMINE RE: JURY INSTRUCTIONS ON NON..
8/30/2007
..PROCEDURES OF OTHER BOOT CAMPS-GRANTED BY COURT
8/30/2007
DEFS MOT IN LIMINE-REGARDING EVIDENCE CONCERNING..
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8/30/2007
DEFENSE MOTION IN LIMINE AS DIRECTED TO ISSUE OF CORPORAL PUNISHMENT-NEITHER STATE OR DEFENSE WILL CALL
8/30/2007
..PLEADINGS FOR RULINGS
8/30/2007
STATES MOTIONS IN LIMINE 1 THRU 9-SEE ATTACHED...
8/29/2007
DEFT'S ADDITIONAL WITNESS LIST
8/29/2007
DEFT'S EXHIBIT LIST
8/23/2007
STATE'S NINTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S EIGHTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S SEVENTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S SIXTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S FIFTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S FOURTH MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S THIRD MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S SECOND MOTION FOR ORDER IN LIMINE
8/23/2007
STATE'S FIRST MOTION FOR ORDER IN LIMINE
8/23/2007
...PROCEDURES AT OTHER BOOT CAMPS
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8/23/2007
DEF HAUCK'S MOTION IN LIMINE: EVIDENCE CONCERNING...
8/23/2007
...DUCES TECUM WITHOUT DEPOSITION TO LIFE MANAGEMENT
8/23/2007
DEF HAUCK'S MOTION TO ALLOW ISSUANCE OF SUBPOENA...
8/23/2007
JDG: OVERSTREET MICHAEL C (DIV G)
8/23/2007
MOTION HEARING SET FOR 08/30/2007 AT 08:30 IN CCW/ ,
8/23/2007
NOTICE OF HEARING - 8/30/07 8:30AM - ALL PENDING MTNS
8/23/2007
...JUVENILE COURT
8/23/2007
...DUCES TECUM WITHOUT DEPOSITION TO CLERK OF...
8/23/2007
DEF DICKENS' MOTION TO ALLOW ISSUANCE OF SUBPOENA....
8/23/2007
DEFS' PROPOSED JURY INSTRUCTION RE: EXCUSABLE HOMICIDE
8/23/2007
...MANSLAUGHTER OF A CHILD
8/23/2007
DEFS' PROPOSED JURY INSTRUCTION RE: AGGRAVATED...
8/23/2007
...DIRECTED TO ISSUE OF "CORPORAL PUNISHMENT"
8/23/2007
DEFS' MOTION IN LIMINE RE: EVIDENCE AND TESTIMONY...
8/23/2007
...NON HOMICIDE LESSER INCLUDED OFFENSES
8/23/2007
DEFS' MOTION IN LIMINE RE: JURY INSTRUCTIONS:...
8/23/2007
STATE'S PROPOSED JURY INSTRUCTIONS
8/16/2007
8/16/2007
STATE'S ADDITIONAL DISCOVERY
7/30/2007
NOTICE OF TAKING DEPOSITIONS
7/25/2007
7/23/2007
DEFT'S JOINT WITNESS LIST
7/18/2007
SECOND AMENDED UNIFORM ORDER SET CAUSE FOR TRIAL & PT
7/9/2007
STATE'S TRIAL WITNESS LIST
7/9/2007
ADDITIONAL DISCOVERY
7/6/2007
7/6/2007
PRETRIAL SET FOR 08/30/2007 AT 08:30 IN CCW/ , JDG:
7/6/2007
...AND PRETRIAL WITH AMENDED DEADLINE SUMMARY
7/6/2007
AMENDED UNIFORM ORDER SETTING CAUSE FOR TRIAL...
6/28/2007
DEFT'S RECIPROCAL DISCOVERY RESPONSE
6/21/2007
....(JURY TRIAL)
6/21/2007
UNIFORM ORDER SETTING CAUSE FOR TRIAL AND PRE-TRIAL...
6/21/2007
RESPONSE TO DEMAND FOR RECIPROCAL DISCOVERY
6/19/2007
6/19/2007
6/19/2007
6/19/2007
6/19/2007
6/19/2007
6/6/2007
..ORDER ALREADY ORDERED BY COURT.
6/6/2007
..MOTION AND THE COURT ORDERS TO FOLLOW THE PROTECTIVE
6/6/2007
STATES MOTION FOR ORDER TO SHOW CAUSE-STATE WITHDRAWS.
6/6/2007
6/6/2007
6/6/2007
*FAXED* MOTION FOR PROTECTIVE ORDER
6/6/2007
*FAXED* MOTION FOR ORDER TO SHOW CAUSE
5/25/2007
ADDITIONAL DISCOVERY FILED
5/25/2007
NOTICE OF TAKING DEPOSITIONS (JUNE 27, 2007)
5/25/2007
NOTICE OF TAKING DEPOSITIONS (JUNE 22, 2007)
5/16/2007
...JULY 2, 2007 (PAGES 9 &10)
5/16/2007
...JUNE 7, 2007 (PAGES 7 & 8)
5/16/2007
...JUNE 6, 2007 (PAGES 5 & 6)
5/16/2007
...JUNE 4, 2007 (PAGES 3 & 4)
5/16/2007
...MAY 22, 2007 (PAGES 1 & 2)
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5/16/2007
NOTICES OF TAKING DEPOSITIONS...
3/22/2007
...DISCOVERY(SUBJECT TO PROTECTIVE ORDER)
3/22/2007
ORDER APPROVING COSTS FOR PAPER COPY OF ADDITIONAL...
3/22/2007
...ADDITIONAL DISCOVERY (SUBJECT TO PROTECTIVE ORDER)
3/22/2007
MOTION FOR ORDER APPROVING COSTS FOR PAPER COPY OF...
3/20/2007
WAIVER OF RIGHT TO SPEEDY TRIAL FILED @
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3/20/2007
NOTICE OF WAIVER OF PRESENCE OF DEFENDANT
3/20/2007
3/20/2007
3/20/2007
STATEMENT OF PARTICULARS
3/7/2007
3/5/2007
...PAPER COPY OF DISCOVERY
3/5/2007
...DEF'S MOTION FOR ORDER APPROVING COSTS FOR A...
3/5/2007
JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO...
2/28/2007
...RELATED EXPENSES
2/28/2007
ORDER APPROVIING COSTS FOR CD-RS AND DVDS AND...
2/28/2007
...OF DISCOVERY
2/28/2007
AMENDED ORDER APPROVING COSTS FOR A PAPER COPY...
2/28/2007
...REVIEW" TO THOSE PERMITTED BY THE ORDER
2/28/2007
...ENTITLED "DISCOVERY DOCUMENTS FOR IN CAMERA...
2/28/2007
PROTECTIVE ORDER RELEASING DOCUMENTS ON EXHIBIT...
2/28/2007
...STATEMENT OF PARTICULARS
2/28/2007
ORDER GRANTING DEF'S COLLECTIVE MOTION FOR...
2/28/2007
DEMAND FOR ADDITIONAL DISCOVERY
2/26/2007
...PAPER COPY OF DISCOVERY
2/26/2007
AMENDED MOTION FOR ORDER APPROVING COSTS FOR A...
2/26/2007
...CD-RS, DVDS AND RELATED EXPENSES
2/26/2007
MOTION FOR ORDER APPROVING COSTS FOR DISCOVERY OF...
2/22/2007
2/22/2007
2/22/2007
..PART IN THE CHARGE.
2/22/2007
..INDIVIDUALS CHARGE IS AGAINST THEM AND THE DEF'S ..
2/22/2007
..AS TO EACH INDIVIDUAL DEFENDANT AND STATE WHAT EACH.
2/22/2007
..COURT GRANTS MOTION-THE STATE HAS 30 DAYS TO RESPOND
2/22/2007
ORAL TENUS MOTION FOR STATEMENTS OF PARTICULARS-..
2/22/2007
...DISCOVERY
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2/22/2007
MTN FOR ORDER APPROVING COSTS FOR A PAPER COPY OF...
2/22/2007
NOTICE OF DISCOVERY AND BRADY DEMAND
2/22/2007
WRITTEN PLEA OF NOT GUILTY
2/22/2007
NOTICE OF APPEARANCE OF COUNSEL FILED
2/22/2007
2/22/2007
STATE'S RESPONSE TO DEFENDANTS' MOTIONS FOR...
2/22/2007
ORDER APPOINTING SEPARATE COUNSEL
2/22/2007
DEFENSE ATTY: BENEDIK ASHLEY STONE ASSIGNED
2/20/2007
2/20/2007
STATE'S RESPONSE TO DEFENDANTS' MOTIONS FOR...
2/7/2007
CERT OF CONFLICT & MTN FOR APPTMT OF COUNSEL
1/31/2007
STATE'S AMENDED DISCOVERY RE PAGE NUMBERING
1/31/2007
...IN CAMERA REVIEW
1/31/2007
STATE'S AMENDED DISCOVERY RE DOCUMENTS FOR...
1/31/2007
STATE'S NOTICE OF DISCOVERY RE WITNESSES, ETC.
1/31/2007
APPROVED FINANCIAL AFFIDAVIT
1/29/2007
UPDATED FINANCIAL AFFIDAVIT
1/26/2007
...AFFIDAVIT.
1/26/2007
...ATTY COURT APPOINTED WITHOUT UPDATE FINANCIAL...
1/26/2007
ORDER GRANTING VERIFIED MOTION TO WITHDRAW. NO...
1/23/2007
VERIFIED MOTION TO WITHDRAW
1/18/2007
OVERSTREET MICHAEL C
1/18/2007
1/18/2007
ORDER GRANTING MOTION TO MODIFY BOND
1/16/2007
AMENDED DISCOVERY
1/16/2007
AMENDED DISCOVERY
1/16/2007
NOTICE OF DISCOVERY
1/10/2007
MOTION TO MODIFY BOND
12/20/2006
NOTICE OF DISCOVERY
12/8/2006
...AND SIGNED BY JUDGE ELLINOR)
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12/8/2006
ORDER GRANTING MOTION TO MODIFY BOND (DATED 12/7/06...
12/8/2006
STATE'S RESPONSE TO DEF'S MOTION TO MODIFY BOND
12/7/2006
...TRAVEL TO AL FROM 12/6/06 UNTIL 12/9/06.
12/7/2006
ORDER GRANTING MOTION TO MODIFY BOND TO GRANT...
12/6/2006
DEFENSE ATTY: APPLEMAN JIM ASSIGNED
12/5/2006
OVERSTREET MICHAEL C
12/5/2006
12/5/2006
WRITTEN WAIVER OF PRESENCE
12/5/2006
NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY
12/5/2006
WRITTEN PLEA OF NOT GUILTY AND DEMAND FOR JURY TRIAL
12/5/2006
NOTICE OF APPEARANCE
12/4/2006
11/30/2006
SURETY BOND 2512612337 OPEN 25000.00
11/29/2006
CASE UNSECURED
11/29/2006
BOND SET @ $25,000
11/29/2006
AFFIDAVIT OF INSOLVENCY FILED
11/29/2006
JDG: OVERSTREET MICHAEL C
11/29/2006
FIRST ARRAIGNMENT SET FOR 01/18/2007 AT 13:30 IN CCW/
11/29/2006
JDG: COSTELLO DEDEE S
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11/29/2006
FIRST APPEARANCE SET FOR 11/29/2006 AT 02:00 IN CO1/ ,
11/28/2006
FILED SEQ: 1
11/28/2006
ARREST SEQ: 1
11/28/2006
BENCH WARR EXECUTED BAY COUNTY SHERIFF By
11/28/2006
SWORN COMPLAINT SEQ: 1
11/28/2006
PROSECUTOR: MARK A. OBER ASSIGNED
11/28/2006
JUDGE OVERSTREET MICHAEL C ASSIGNED
11/28/2006
CASE FILED WITH CLERK
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On January 5, 2006, the victim

age 14, was committed to the
custody of the Department of Juvenile Justice, and placed in the Bay County Boot Camp
program in Bay County, Florida. On the morning of January 5, 2006, the victim
underwent a physical assessment consisting of two minutes of push-ups, two minutes of
sit-ups, and a run of approximately 1.5 miles. After completing approximately two-thirds
of the run, the victim fell to the ground. This occurred at approximately 0909 hours. The
victim was restrained by the guards at the boot camp, and was subjected to multiple uses
of force, including take-downs, knee strikes to the legs, hammer strikes to the forearms,
wrist compressions, and pressure point applications. Drill instructors at the boot camp
forced the victim to inhale ammonia, and covered the victim's mouth while doing so. At
least three separate episodes of forced ammonia inhalation occurred, two lasting over 50
seconds and one lasting in excess of five minutes. The victim became unresponsive
during the last forced application of ammonia. An ambulance was called at 0931 hours.
The defendant was transported by ambulance to Bay Medical Center, and was later
transported to Sacred Heart Hospital in Pensacola. The victim was unable to be revived
through emergency medical care . The victim was pronounced dead on January 6, 2006,
at O152 hours, at Sacred Heart Hospital.
Dr. Charles Siebert, the Medical Examiner for the 14th District, in Panama City,
performed an autopsy on January 6, 2006. Dr. Siebert found that the victim died a
natural death due to complications of sickle cell trait. A second autopsy has been
performed by Dr. Vemard Adams, the Medical Examiner for the 131tiDistrict, in Tampa.
Dr. Adams found that the victim died from suffocation due to occlusion of the mouth
combined with forced inhalation of ammonia . The autopsies and medical evidence have
been reviewed by other medical experts who have found that the victim's death was
caused by oxygen deprivation.
The defendant and co-defendants were working at the Bay County Boot Camp on
January 5, 2006. All defendants were caregivers for the victim and were responsible for
his well being while he was in the custody of the Bay County Boot Camp. All defendants
through culpable negligence failed to provide the victim with the care necessary to
maintain the victim's physical and mental health, and failed to make reasonable efforts to
protect the victim from abuse or neglect by other boot camp personnel. All defendants
had contact with
between the time he fell at approximately 0909 hours
and the time 911 was called at 0931 hours. All defendants were involved in the fatal
incident by covering the victim's mouth and forcing inhalation of ammonia or assisting
others in doing so. All defendants had the opportunity to protect the victim from
prolonged oxygen deprivation and failed to do so. lbrough their culpable negligence, all
defendants caused the death of
The incident was captured and recorded on videotape. The defendant and codefendants have admitted to their participation in the incident and can be identified on the
~~~
.,. ."
IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY
STATE OF FLORIDA,
Plaintiff,
INFORMATION CHARGING:
vs.
Count I:
Henry Dickens
Black/Male, DOB 10/27 /46 ,
SSN
Defendant,'
Charles Enfinger
White/Male, DOB 03/11/73,
SSN
Defendant, '
Aggravated Manslaughter
of a Person Under 18
782.07(3) & 827.03(3)
1st Degree Felony
Case No.:
O-f-4o
I l, (!Fl)(_
(!rO
SEALED
Defendant,
Raymond Hauck
SSN
Defendant, '
SEALED
I tt
Defendant,
SEALED
-q .. ;
Defendant,
Kristin Schmidt
White/Female, DOB 09/19/53,
SSN
'
Defendant,
Joseph Walsh II
White/Male, 07/05/71,
SSN
Defendant, '
__________
:,
,-
"1
O,r-.
_____:!
IN THE NAME AND BY AUTHORITY OF THE ST A TE OF FLOR1DA:

Mark A. Ober, State Attorney for the Thirteenth Judicial Circuit of the State of Florida,
assigned to discharge the duties of the State Attorney for the Fourteenth Judicial Circuit
of the State of Florida pursuant to Executive Order 06-36 and Amended Executive Order
06-37, prosecuting for said State of Florida, in the name of and by the authority of the
State of Florida, in the County of Bay, under oath, informs the Court that
Count I
SEALED
Raymond Hauck,
SEALED
Henry Dickens, Charles Enfinger,
, Kristin Schmidt , and Joseph Walsh II, on or about the 5th day of
SEALED
January, 2006, within the County of Bay and the State of Florida, being caregivers of
a person under the age of eighteen, did cause the death ofby culpable negligence, without lawful justification or excuse, by
neglecting
by failure or omission to provide
with the care, supervision or services necessary to maintain his physical or mental health
that a prudent person would consider essential for the well-being of a child, or by failure
to make a reasonable effort to protect
from abuse, neglect, or
exploitation by another person, in violation of 782.07(3) and 827.03(3), Florida
Statutes, contrary to the form of the statute in such cases made and provided, and against
the peace and dignity of the State of Florida.
of the State of Florida pursuant to Executive Order 06-36 and Amended Executive Order
06-37, under oath, states that the allegations set forth in the INFORMATION are based
on facts that have been sworn to as true, under oath, by material witnesses, and which, if
true, would constitute the offense(s) therein charged, and this INFORMATION is filed in
good faith.
Sworn to and subscribed before me this 2th
day of November, 2006, by Mark A. Ober ,
who is personally known to me .
~~~~~~~.~,.,\,A~'''''',:
l~'-"'tE._'liift:-.
Robin
M Menendez
tl~/1
MYCOMMISSION#
00243351
EXPIRES
..,. .....ef/}
August
20,2007
',,:;~
.t;,,'
BONDED
THRU
TROY
FAININSURANCE;
INC
ark'-.Ober
State Attorney
Florida Bar #230804
800 E. Kennedy Blvd.
Tampa, Florida 33602
(813)272-5400
Executive Assignment 06-36 &
Amended Executive Assignment 06-37
1~1..
'
F
t:- J
q. ~-i!.....u~---------------ZOOb
1'.JQ
v L,, o
j;J__
~......... day of
Received this Warrant this ...
..........
!.J.U.:{
...,AD.
'I
". )
1\
I~
'0 n 2
t
l,J
In County Court
fjt..i,RC'...,::-,
.~7,TL
ru~:-:;;oF; ,t~OURTBay
County, State ofFlonda
BAYCOU:1i r. ,LORIOA
20~7xecuted
it on the ..i?.f.'
day of ......
!I.a
.....................
.
STATE OF FLORIDA
A.D. 20/1Jf.. by arresting the within named
vs
./1rlsfin .....
S:-~i.
m~dj- ............
..
and having.4.f.:.now before the Court, to be
dealt with according to law, this.~y
of
...........
!V.rJ...V...
........................
, A.D. 20~.&
WARRANT
At:>~tJ.:~
~i;>s-.)
D-tu "
Cf\~s~Wt-"ifl-
v t-?or;.i2.
$3. 'tbA
w-:tt=
1'-1-3
G:,- bk,
11-a.g-.01-
r'
..
'
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::;>:::~_;
i )
,SA-0 ~ t!).OOb- Dl>1'D-3t.,
. ')
STA TE OF FLORIDA
COUNTY OF BAY
To all and singular the Sheriffs or Constables of the State of Florida:
on the
WHEREAS,iti
a ;rtN, GLr>'l-:rA
fD~P.
~~
P..).}.;MV , A.D. 2006, in said County and State one:
day of
::'.J{.2-~1
has this day made oath that one ~~f.l1,)
At1tJ{. Sc.1f-t.tr:D1
,Km-mJ A.tu,..Ji_
did commit the crime of aggravated manslaughter of a
person under 18, as defined in section 782.07(3) and 827.03(3) Florida State Statutes.
Contrary to Florida Statute 782.07(3) and 827.03(3), and against the peace and dignity of the State of
Florida.
These are therefore to command you forthwith to arrest the said
J(e...-13:-rnJ
~;Jfc
Y!.~ r
and
bring him before me to be dealt with according to law.
Given under my hand and official seal, this
--'"'-'~-
'ACERTIFIED
TRUE
COPY
HAROLD
BAZZEL,
CLERK
OFTHECIRCUIT
COURJ
ay.~~--.\
F)eputy
Clerk

'
rTATE OF FLORIDA,
Plaintiff,
INFORMATION CHARGING:
vs.
Count I:
henry Dickens
Black/Male, DOB 10/27/46,
S,SN-,
of a Person Under 18
782.07(3) & 827.03(3)
1st Degree Felony
I'
:
Defendant,
Gharles Enfinger
'White/Male, DOB 03/11/73,
~SN
,
Defendant,
Case No.:
0.e-40
I lp Cf:l}L
GO
,,
Defendant,
'.
Raymond Hauck
SiSN-,
I i
-- ,.,
- :'11)
,,.-~
2:
0
Defendant,
istin Schmidt
hite/Female, DOB 09/19/53,
m
.. N
<:
co '
1,:t
/,'f't
$~N-,
Defendant,
-------------
'
OaA ,'
'
,.
Defendant,
Joseph Walsh II
White/Male, 07 /05/71,
--1
r-
~ THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA:

I
r,ssigned to discharge the duties of the State Attorney for the Fourteenth Judicial Circuit
pf the State of Florida pursuant to Executive Order 06-36 and A.mended Executive Order
P6-37, prosecuting for said State of Florida, in the name of and by the authority of the
State
of Florida, in the County of Bay, under oath, informs the Court that
I ;
Count I
Hauck,~
Charles Enfinge-aymond
, Kristin Schmidt, and Joseph Walsh II, on or about the 51 day of
uary, 2006, within the County of Bay and the State of Florida, being caregivers of
, a person under the age of eighteen, did cause the death oby culpable negligence, without lawful justification or excuse, by
qeglecting
by failure or omission to provide
with the care, supervision or services necessary to maintain his physical or mental health
that a prudent person would consider essential for the well-being of a child, or by failure
t<bmake a reasonable effort to protect
from abuse, neglect, or
~~ploitation by another person, in violation of 782.07(3) and 827.03(3), Florida
~tatutes, contrary to the form of the statute in such cases made and provided, and against
fhe peace and dignity of the State of Florida.
i.
Nfark A. Ober, State Attorney for the Thirteenth Judicial Circuit of the State of Florida,
a~signed to discharge the duties of the State Attorney for the Fourteenth Judicial Circuit
the State of Florida pursuant to Executive Order 06-36 and A.mended Executive Order
~~-37, under oat!).,states that the allegations set forth in the INFORMATION are based
e~facts that have been sworn to as true, under oath, by material witnesses, and which, if
iitue, would constitute the offense(s) therein charged, and this INFORMATION is filed in
good faith.
?if
S:W
orn to and subscribed before me this 2?1h
Ii
ql~yof November, 2006 , by Mark A. Ober,
#ho is personally known to me.
~~~~~~!\;..~
--~\iri~rlt~
RobinM Menendez
I-r1;;/
=*!MvcoMM1ss10N,00243351EXPIREs
ff;'~
, i?
":/t.,\t,''
August20,2007
BONDED
THRU
TROYFAININSURANC!;
INC.
~Ober
State Attorney
Florida Bar #230804
(813)272-5400
Executive Assignment 06-36 &
Amended Executive Assignment 06-37
cJi
..........
BK# ____
~'--~-'-,/"""--'-yl'~=.....;~=--=,~'---
STATEOF FLORIDA
Ii
IN THE COUNTYCOURT
IN AND FOR BAYCOUNTY
Vs.
t/{,ulb'_;)
FIRST
APPEARANCE
RCrP 3.130, 3.131
QS"c~/?:?/~
;'f~ffi)
o~./-c2?:-t2<e
'
You,
Having been arrested
are informed that a complaint has been made charging you with the below listed offenses and a copy of the
charging document(s) is now provided to you. You have a right to remain silent, and if you do not remain
silent anything you say may be used as evidence against you in Court. You have a right to be represented by a
lawyer, and if you want one and cannot afford to hire one, a lawyer will be appointed for you at no cost to you.
You have a right to communicate with your lawyer, family or friends, and if you desire to do so reasonable means
will be provided for you to do so. If formal charges are not filed against you within 21 days of your arrest, you
will then have the right to demand a hearing to determine whether there is probable cause to detain you on any
felony charge that remains against you. You may give up the right to be represented by a lawyer at this first
appearance hearing and still insist upon the right to legal representation at future proceedings.
or had explained to me my rights outlined above and I acknowledge receipt of a copy of this form.
not) able to hire a lawyer and I (do) (do not) want a lawyer appointed for me at this time.
(\_
Arrestin
Agency
OBTS#
.6r:!2o
: ~,a~
CHARGE
~~ y)'){i
~0/J u~~ea~/)
'II
~ ~n~~
(Defendant
DATE/TIME
BOND
d zr:D~
ii
f~~-=~i!i;f~,~e~w~L--~
1-l]-Or
Sy'
~y
-0
COUNT~
1
{~--
( ) If you are released from custody, you will return

) Returnable to First Appearance on__________
, not picked up by authorities.
) To report to Pre-trial Release office immediately upon release from CCA.

All Circuit and County Court appearances will be at the date and time indicated above in the Bay County Courthouse,
Panama City, Florida.
The foregoing was voluntarily and knowledgeably signed in my presence after full explanation of the defendant's
rights. Having examined the necessary proof at a non-adversary probable cause hearing, I find probable cause
(does) (does not) exist for detaining the defendant pending further proceedings.
The following conditions of bail are always applicable: (1) Do not contact the
proper pre-trial discovery; (2) Do not violate the law.
t\-~-O(e
(Date)
Mee Prtg. rev 08.03-189
BK#____,,,t:2i~lj1""-/~~,/___::-5'(....::::~::::..:::~~~;__
~
STATEOF FLORIDA
Vs.
,-,,
:J
IN THE COUNTYCOURT
IN AND FOR BAYCOUNTY
,_) ('/)/))/$
1itUlbJ2
FIRST
APPEARANCE
RCrP 3.1.30, 3.1.31
IJ~l{:]tv)Q,St/5/}2,,@;
o(l--2?:-o<e
You,
Having been arrested
are informed that a complaint has been made charging you with the below listed offenses and a copy of the
charging document(s) is now provided to you. You have a right to remain silent, and if you do not remain
silent anything you say may be used as evidence against you in Court. You have a right to be represented by a
lawyer, and if you want one and cannot afford to hire one, a lawyer will be appointed for you at no cost to you.
You have a right to communicate with your lawyer, family or friends, and if you desire to do so reasonable means
will be provided for you to do so. If formal charges are not filed against you within 21 days of your arrest, you
will then have the right to demand a hearing to determine whether there is probable cause to detain you on any
felony charge that remains against you. You may give up the right to be represented by a lawyer at this first
appearance hearing and still insist upon the right to legal representation at future proceedings.
I have read or had explained to me my rights outlined above and I acknowledge receipt of a copy of this form.
I (am) (am not) able to hire a lawyer and I (do) (do not) want a lawyer appointed for me at this time.
(Counselfor defendant at first appearance)
Arresting
Agency
~------
OBTS#
(Defendant)
DATE/TIME COUNT~
7
l-l]-01~
,A/119/
AJ<..:.s~.'lL)
---~--
BOND
i. ;;JJArr)
______
;...._
,
'
'
r- .,
( ) If you are released from custody, you will return to Court~

( ) Returnable to First Appearance on__________
"=:"---~
i not picked up by authorities.
( ) To report to Pre-trial Release office immediately upon release from CCA.
'
:::_,,.
~
:1
All Circuit and County Court appearances will be at the date and time indicated above in the Bay County Courthouse,
Panama City, Florida. - :..
The foregoing was voluntarily and knowledgeably signed in my presence after full explanation of the defendant's
rights. Having examined the necessary proof at a non-adversary probable cause hearing, I find probable cause
(does) (does not) exist for detaining the defendant pending further proceedings.
The following conditions of bail are always applicable: (1) Do not contact the
proper pre-trial discovery; (2) Do not violate the law.
I2
~tlJ()~ t\-;l=l-0(-e
McC Prtg. rev 08.03-189
(Date)
(Judge)
L,,;cj
+.h
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,,._IN'--'T'-'-H""E...,,C:.:.:.IR"C"'U.:..:.IT.e..::ICc:Oc::U.:..:.NT.,__Y'--'C...,0::.:U:.,cR,.,_T..,,O.,__F..,_T,..,,HE=--------JUDICIAL
CIRCUIT
INANDFOR
COUNTYFLORIDA
STATEOFFLORIDA vs.
CASENO.
Defendant/Minor
Child
APPLICATION
FORCRIMINAL
INDIGENT
STATUS
M SELF-REPRESENTED
ANDSEEKDETERMINATION
OFINDIGENCE
STATUSFORCOSTS
Noticeto Applicant:Theprovisionof a publicdefender/court
appointed
lawyerandcosts/due
processservicesarenotfree. A judgment
andlienmaybe imposedagainstall realor personal
property
youownto payfor legalandotherservicesprovidedonyourbehalfor on behalfof thepersonforwhomyouaremakingthisapplication.Thereis a $40.00feefor eachapplication
filed.
againstyouat theconclusion
of thiscase. If youarea parent/guardian
If theapplication
feeis notpaidto theClerkofthe Courtwithin7 days,it willbeaddedto anycoststhatmaybeassessed
adult.theinformation
containedin thisapplication
mustincludeyourincomeandassets.
makingthisaffidavitonbehalfof a minoror tax-dependent
1. I have
(Donotincludechildrennotlivingat homeanddo notincludea workingspouseor yourself.)

dependents.
2. I havea takehomeincomeof S
paid ( ) weekly ( ) bi-weekly( ) semi-monthly( l monthly( ) yearly

(Takehomeincomeequalssalary.wages.bonuses.
commissions.
allowances,
overtime.
tipsandsimilarpayments.
minusdeductions
requiredby lawandothercourtordered
supportpayments)
( l monthly( l yearly:(Circle"Yes"andfillin theamountif youhavethiskindof income.otherwise

circle"NoJ
3. I haveotherincomepaid( ) weekly() bi-weekly( l semi-monthly
SocialSecuritybenefits
..........................Yes $
No
Veterans'benefit............................... Yes $
No
No
Childsupportor otherregularsupport
Unemployment
compensation
................. Yes $
UnionFunds........................................Yes $
No
fromfamilymembers/spouse
......... Yes $
No
Workerscompensation
.......................... Yes $
No
Rentalincome
................................. Yes $
No
No
Dividends
or interest...
.......................Yes $
No
Retirement/pensions
............................. Yes $
No
Otherkindsof incomenotonthelist......Yes $
No
Trustsor gifts........................................Yes $
4. I haveotherassets:(Circle"ves"andfillin thevalueof theproperty,
otherwise
drcle"NoJ
Cash................................................. Yes $
No
Savings
................................................Yes $
No
Bankaccount/s)
................................... Yes $
Stocks/bonds
.........................................Yes $
Certificates
of depositor
*Equityin Realestate(excluding
homestead)
Yes $
No
moneymarketaccounts
.................Yes $
"includeexpectancy
of aninterestin suchproperty
*Equityin Motorvehicles/Boats/
...............Yes $
No
Othertangibleproperty
No
No
No
5. I havea totalamountof liabilities

anddebtsin theamountof $
f,"'!'
6. I receive:(Circle"Yes"or "No")
Tern ora Assistance
for Need Families-Cash
Assistance...............
...\'
:'1
....
Yes
Yes
Yes
Supplemental
SecurityIncome(SSI).................................................................... ..
7. I havebeenreleased
on bailin theamountof$
Cash
Surety
Postedby: Se~
Family
No
No
No
Other
A personwhoknowingly
providesfalseinformation
to theclerkorthecourtin seekinga determination
of indigentstatusunders. 27.52.F.S.commitsa misdemeanor
of thefirstdegree.
is true and accurateto the bestof my
punishable
as providedin s. 775.082,F.S.or s. 775.083.F.S. I attestthat the informationI haveprovidedon this Application
knowledge.
Signed this
Date ofBirth
JY
day of
N() tJ
,20 0~
.. __../
J{/{-i-,;
---Ic?(~.
~-
Signature of Applicant for Indigent Status
9-/9- S-3
Print Full Name

Address, P O Address, Street, City, State, Zip Code
Phone number:
Drivers License or ID Number
NOTICE: If the applicant is determined by the clerk to be Not Indigent, you may seek judicial review at your next schedu~ed court appearance.
CLERK'S DETERMINATION
Based on the information in this Application, I have determined the applicant to be ( ) Indigent
) Not Indigent purs?~t to s. 27.52, F.S.
The Public Defender is hereby appointed to the case listed above until relieved by the Court.
Dated this
day of
, 20
Clerk of the Circuit Court
i_;j
(
-,
"''
..~
INTHE.,CIRCUIT/COUNTY
COURTqFTHE
!!:7-
IN ANDFOR
0-1,Le-,
.,7X
JUDICIAL
CIRCUIT
COUNTY,FLORIDA
TATEOF FLORl~A vs.
CASENO.
Q/- 2'.6ij
{/t2/u--
le!endant/MlnorChild
APPLICATION
FORCRIMINAL
INOlGENtSTATUS
~
_
1?iw SEEKING
THEAPPOIN1MENT
OFTHEPUBLICDEFENDER
.
OR
I HAVEA PRIVATE
A1TORNEY
ORAMSELF-REPRl:SENTED
OFINDIGENCE
STATUS
FORCOSTS
~otlceto Applicant:Theprovision
of a pubHc
defender/court
appointed
lawyerandQOsls!due
processservicesereriotfree. Ajudgment
andBenmaybe Imposedagainstanreal01parsonlll
provldijdonyourbehalforonbehallof ihepersonforwhomyouaremakingthisappftcatlon.
Therels a $40.00feeforeachappllqition
filed.
propertyyouownto payforlegalandotherservices
If \heappUcatloil
fee ls notpaidtotheClarkoftheCourtwithlil-7
days,i\ willbeaddedto anycosmthatmaybe assessed
agalns\yolJ
atIhaconclusion
ofthiscase.JIyouarea p_!lrent'guai'dlan
makingthisaffidavitonbehalfol a minororlax-dependent
adult.thalnfonnation
contained
Inthisappftcation
mu~Include.your
ll'lcome
andassets.
1. I have __J._dependents.(DonotIncludechildren
notlivingathomeanddonotlnciudea working_
spouseoryourseN.J
2. I have a take homelncameof$
Q
paid () weekly I}b~wQekly( ) semi-monthly() monthly{'"'}
y,,._'e"'"'arly,...,._--.-~-~~~~~~...:....--.
~~~=(Takahomeincome
equalssalary,wages,bonuses,commissions,
allowances,
overtime;
tipsandsimilaf.
payments,
minusdeductions
requiredbylawandothercourtordered
supportpayments)
3. I haveothe~lncom~paid() weekly() bl-weekly( ) seml-i:nonthly

() monthly()
SocialSecurity
benefits
...........;1......:.. ;- Yes $
Unemployment
compensation..u1:a1.t..P.!
Yes $ 4,,,
UnionFunds
........................................
Yes $
.
Workerscomp!)nsation
.........................Yes $:
. f.Mirern1mVP.!11)Slon!!_
............
,........
,.....,.., y~~-$
Trustsorgifts
..............................
:..- .....Yes $
4a.
illy:
{Cfrcle"Yet' andfillIntheamount
H~ havethiskindofinoome,
olheJWise
elf?~'7"01
. Veterans'behefit............................_ Yes $
Vi_o
ChTid
supportor otherregularsupport
-:.,
. fromfamilymembers/spouse
......... Yes $
IJi9}
RentalIncome
.........:....................Yes $
.
~
e(
--
1_~
.
. _q_lvi~~n~~-~~Jn~!~~b::.:~::::":.::".":":"Y~~
L_ ... -- --... --~- .
@.. ,.
Oifierliln;jsol1ii~meno\onlnellsl.....Yes $
'Sf;
J'/t'f.A t
t~ f
f"d l!r ....

/ ..f'r
.1
,l-.
t"
l,c..ir,/,
-~
~ ,,1:J
9 (,.
(.r
4. I haveother assets:(Circle"yes"~ndnu
InIhava/ue
of theproperly,
otherwise
circle"Noj
.
1
Cash.......~
.........................................
Ye;r$ ,t,(). <J/1
No
Savings
..............................................
,. Yes $""
Bankaccount(s)
...................................
Ye!} $.aQ
No. Stoc1c&'bond11
.........................................Yes $---,---~Certificates
ofdepositor . .
*EquityIn.Realeslata(excluding
homestead)
Yes $
moneymarketaccounts
.................Yes $
.
5J~
*Includeexpectancy
of anInterest
In sllchproperty
vehlcle'S/Boatsf
...............Yes
$ IT(I <i. Ci O
'No
.
*EquityIn Motor
O\hertanglb'eproperty / '/ f 'i 11;.7, J,..r ,v , IJ,..,--;Ji,.:
'
/ '"'
'<' S"
@:
.~r .
s:I havea total amountof llablli6esand.debtsIn theamountof $ /J
==
~
( No)
--'
4i,., J,,
6. lreceiye: (Circle"Yes"or"Nd')
Temporary
Asslslance
lorNeedyFamllies-Cash
~!stance ......................;......., .......:.:...........:........................................................... Yes
Poverty-related
veterans'
benerits.
..........-............................................... ................................................................................ Yes
Supplemenlal
Security
lnc:ome
"(SSq
..................... ............................................................
..........................;................................ Yes
7. I havebeen
releasedon ballIn the amountof $ 5; i -,.,,
a (. ,;"
.
. .Cash_,_
Surety__
Postedby: Sell __
. ~.
.H<\
Other
~
.
Family__
o1
Apersonwhoknowingly
provides
ialselnlormation
to.th~clerkorIhacourtInseeking
a d!=!termln~tion
ol lndlgentstatusunders. 27.52,F.S.commits
a misdemeanortlieflrstdegree,
. punishableas p"rovided
In s. 775.082,.
F.S.ors. 775.003,
F.S. I attest that the l"(lfortnatlon
I have providedon this Application
Is \rue and accurllte to the ti~st
knowledge.
.
/
. edthi s o,"") O
S1gn
J
.1/-/f- ;(}5,
20
~:
./ 7
/>/
---:.. ./
//a,..._.,i::_'.~;,..-
/" - '7. :/
-/7:--;;4-m-,,.~.
Signature of Applicant for.Indigent Status
..
)f-,-':.-,r
..
/~
PJ::intFullName/j/Lv.,.;
Sc /{.m < c:~
Date of Birth
i Is f }1 , i:2 1- r gJ f'~o
Drivers License or ID Number
7 '?
'Q"' ,
'2
a)
C/
x L
/ j .
Ju,.<, av-r
...-,-
of rr
Le1/
.,,.)
0c
/_:/
. } '-''
/,2d
C-
,,
t/([
Address,PO Ad~_!, Str:et; ei~, State,Zfp Code.,..;- . . '

Phonenumber: ,-131 - O::c--tY
i (";;,,,/;/t'r//
(L
../
NOTICE: If the applicant is determined by the clerk to be Not Iniligent, you may seek judicial rev:lew at your _nextscheduled court appearance.
__
___
....:Basedon the informationin thisApplication,1have determinedthe applicantto be ( ) Indigent { ) Not Indigent ptirsuant to s. 27.52,F.S.
The Public Defenderis herebyappo~ted to the case listed
Dated this ____
day of ____
__, 20 __
im:ove
unt_ilrelieved by the Cowt.
Clerk of the Circuit Court
This form was completed with the assistanceof
----Final approval by Toe Florida Supreme Court on June30, 200S
Clerk/DeputyClerk/Otherauthorizedpe
Pagel ofl
POWER
, ~ ~~:~:::?:,~:~up
OF ATTORNEY
POWERNO.
Fairmont Specia!ty
Insurance
Company'
10777 Westheimer
Road. Suite 500 (77042)
P.O. Box 2607 - Houston, Texas 77252-2807
(713) 954-8100
(713} 943-8389
FAX
POWER
AMOUNT
KNOVv ALL MEN BY THESE PRESENTS that The Fairmont Specialty Insurance Company, a corporation
duly organized and e~ ti g[l~he
laws of the S
f Delaware and
by the authority of the resolution
adopted by the Board of Directors at a meeting duly called and held on December
19, 1995,
h
s
olut~o
amended
or
rescinded, does constitute and appoint and by these presents does make, constitute and appoint the named agent its~rue
nd la
e -i~a
t n in its name, place
rney-in-F
ct is
ited to appearance
bonds
and stead, to execute, seal and deliver for and on its behalf and as its act and deed, as surety, a bail bond only. Autho
f
c A
y other condition
imposed by
and cannot be construed
to guarantee defendant's
future lawful conduct, adherence to travel lin,itation,
fines, restituti
n,
ents or penalties,
a court not specifically related to court appearance.
This power of Attorney is for use with Bail Bonds only. Not valid if used in connection
with Federal Bonds or hnmigration
Bonds. This power void if altered
or erased, void if used with other powers of this company or in combination
with powers from any other surety company, void if used to furnish bail in excess
of the stated face amount of this power, and can only be used once.
The obligation of the company shall not exceed the sum of
...* "'TWE::r.n FJu'E THou~, M-JI. r .._-:.LLARB" .., ..
and provided this Power-of-Attorney
is filed with the bond and retained as a part of the court records. The said Attorney-in-Fact
is hereby authorized to insert
in this Power-of-Attorney
the name of the person on whose behalf this bond was given.
IN WITNESS
proper
Bond
Amount
Defendant
Charges
__
No.
City _
THE
V-
FAIRMONT
and its corporate
2.
__
Court ___
Case
\VHEREOF,
for the purpose
/7
LJ
INSURANCE
affixed
COMPANY
this
2DAY 9
has caused
of
these
presents
to be signed
by its duly
authorized
officer,
ot::..
JI\/ o\(
MONTH
YEAR
C>
/.5_,,-,.
r
,,_"'-'
____
..__,_.__,_
'----'-
SPECIALTY
seal to be hereunto
/'1
/ F ,,,...
F'7-=-_""'
__ 'AJ,,_.1:::;.
____
-1
a._..,.G-e:"-=---'-m___c_~
__ S~l~--Av'---'-_&-_#_re._~_-_
--e.cc._.c../...c...~C-4.-~t'_r
____________
(!)
t,
QQ
"'I' (1/'1
e/='n1G-:
_,_~_.,.~:.LJ.c.=.=,e~7?1~A:'----'C
............
=-c-~--I--.-
If rewrite,
origin
Executing
agent
StaEI
o ~../ n 1./
(
NOT
VALID IF USED IN FEDERAL
COURT
.? (Ju~,.
APPEARANCE
~3
/<.f{S-/.::l~/
POWER#
SEND ALL COURT
BOND
TO:
STEELE BOYS' BAIL BONDS

1003 11.L.K. Jr. Blvd. Suite. A
Panama City FL 32411
(151)215-2111
37
TRANSFER
BOND EXECUTED
FOR:
0 e;o 0/ ~ e~/J?G-
ARREST#
FOR FURTHER
STATE OF FLORIDA
k;t<IS//;._;
ACTION
C. E. PARISH
vs
ON THIS BOND CONTACT
GENERAL
AGENCY,
P.O. Box 1747 1452 West CR 48 Bushnell,
Sellm/Pr
.,,,.,J,,,J
INC.
FL 33513-0090
In The
--------~t?-~o<~C~~;.;;...,...r~'Z"-:'-------~Court
Court Room ---~C--s../.~"-:!C,==-"'u:>aL.-c-T.__

____
_
Time
NOTICES
_________
-------'/'---=c:.-'....;;;;c'--"6"'-'~~4=--o<c----
_..;;.6:;...._~-+---------County
STATE Op'FLORIDA
KNOW ALL MEN BY THESE PRESENTS:

That we, the above captioned
defendant,
as principals,
and FAIRMONT
SPECIALTY
INSURANCE
COMPANY,
a Delaware Corporation, as surety are held and firmly bound unto the Governor of
the State of Florida, and his successors in office, the said principal, in the sum of $ -Z-.s..S:.1.;....
d._,.,o"--""'o,e....._
__________
_
and the said surety for a like amount, for the payment whereof well and truly to be .i.ade we bind ourselves, our heirs,
executors, administrators
and assigns firmly by these presents.
Signed and sealed this
;l..9
day of
Alov
c
~ A.D., 20 C~
The condition of this obligation is such that if the said principal shall appear on
/P
~ ...~ J {--'
20 ~
at the next Regular or Special term of the above court and shall submit to the said court to answer @lf'alie
of --==-----===----6JG:G:: /)?A::JSLA:Y
6:lt:~
PE
&: (?ff r<-.L>2
ahd shall submit
;
full force
to orders and process of said Court and not depart the same without leave, then this obligation to fi~ void, else to remth\n
-n
!::?;
and virtue.
~n
K"M~X~~Mb,,.
TAK~.. . . EFORE
By .
FAIRMONT
~ ~ r<1
\.,~~~enff
NeLch
SPECIALTY
,;.;:AL)~
en
D.S.
INSURANCE
FAIRMONT
SPECIALTY
COMPANY
10777 Westheimer
Road, Suite 500 (77042)
P. O. Box 2807 - Houston, Texas 77252-2807
(713) 954-8100 (713) 954-8389 FAX
>
CL
(.)
ta:
::::,
0
(.)
Case Number
Defendant
~Bond
Amount
<
c.S'c~ID7
OF BOND
25,;
I examined
the records
Do D
Date of Discharge-------------
day of------------
Person
20 _______
(LS.)
Power No.
2.'7 .vov/
~&to-/.ZC.
d .(
/ Z33
20 __
and found that the bond with corresponding
of record by reason of the following
___________________
Date
day of--------------
of----------------
has been discharged
fl~
71
court
This is to certify that on or about the ___________
number
COMPANY
P.O. BOX 1747, BUSHNELL,

FLORIDA 33513-0090
(352) 793- 7775 I FAX (352) 793-9572
OF DISCHARGE
S"l>/, C/CA?
r
K~t.57r.,.J
4
,.LJC.o
INSURANCE
(LS.)
FAIRMONT SPECIALTY
INSURANCE
COMPANY
C.E. PARISH GENERAL AGENCY, INC.
M.L.K. Jr. Blvd. Suite. A

(818)211 2508
CERTIFICATE
'l.)
Nev-i'..i=X:cT)(SURETY}
SEND TO: --at..,e-.ie-.itH!

......
1"""0"",
...
s .......
, ....
A+llt-1"""0
...
1...
Ds-10u
):>
rendering
disposition
power
----------------
decision------------------
Witness my hand and official seal this----------Title. _______________________
..
IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA, IN AND FOR BAY COUNTY
STATE OF FLORIDA,
Plaintiff,
Case No.: 06-4016 CFMG
Judge Overstreet
V.
KRISTIN ANNE SCHMIDT,

Defendant.
~:2o
-<-;:::;t'O
MOTJON TO MODIFY BOND
s:=
'...ns";::i
-o
.- -i---i
S; n
rn
COMES NOW the Defendant, KRISTIN ANNE SCHMIDT, by and ~hgh

;:,,-:o
.-\
t'e!9
--
heiA
undersigned attorney, and files this Motion to Modify Bond and as grounds therefore states:
1.
Defendant has been charged with Aggravated Manslaughter of a Child and was
given a bond amount of $25,000.00.
2.
The bond currently states that Defendant may not leave Bay County, Florida.
3.
Defendant has a child who currently attends college in the State of Alabama and is
transferring to Gulf Cdast Community College in Bay County. Defendant is
responsible for the trartsportation and requests that the restriction or travel outside
of Bay County, pursuant to the bond that is in place now and that she be allowed
to travel for the purposes of transporting her child from school in the State of
Alabama back to Bay County, Florida.
4.
Defendant is a resident of Panama City Beach, Florida, Bay County, Florida
5.
Defendant is not a flight risk or a danger to the community.
WHEREFORE, the Defendant, KRISTIN ANNE SCHMIDT, respectfully
requests the Court to release her on any reasonable conditions the Court deems necessary.
--~
-------------~----
---
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile to the
Office of the State Attorney, 1-813-214-1976 on this
7"~ay
of December, 2006.
APPLEMAN & SHEPARD, LAW OFFICES, P.A.
UDOLPH C. SHEPARD, JR.
Florida Bar Number 417270

436 McKenzie Avenue
P.O. Box 880
Panama City, FL 32402-0880
Telephone: (850) 230-5550
ATTORNEY FOR DEFENDANT
Assistant State Attorney ___
- -------------------
IN THE CIRCUIT COURT, FOURTEENTHJUDICIAL CIRCUIT OF THE STATE OF

STATE OF FLORIDA,
Plaintiff,
('")
Case No.: 06~6
CFNIG
Judge Overstr~~~
~
v.
c,0:::0
c::
-r. S:!
-r. :, CJ
KRISTINANNE SCHMIDT,
("")
<~CP
Defendant.
:::~;.:
::::J-N
'
<J"I
-0
#
.D
COMES NOW the undersigned attorney on behalf of the firm APPLEMAN

& SHEPARD,
LAW OFFICES,
P.A., and gives this Notice of Appearance on behalf of Defendant, in the above
styled cause and requests that all future pleadings and a copy of the Charging Documents,
Indictment or Information be forwarded to the address given below.
I HEREBY CERTIFY that a copy hereof has been furnished by Facsimile to the Office
of the State Attorney, 1-813-274-1976, on this ~y
oi.tk'c:.
,2006.
APPLEMAN & SHEPARD, LAW OFFICES, P.A.
--.4""'1\/ICKenzieAvenue
P.O. Box 880
Telephone: (850) 230-5550

a~
.-
ci
STATE OF FLORIDA,
Plaintiff,
a:>I""\
~~::t:
Case No.: 06-401~G

- 'o
Judge Overstreet ?::.~
V.
-<.-;::'
(.1)
~~s~
::..-~
::-;:_c-,rr,

Defendant.
cJ'\
-o
::..:.
or
cc:
;,,-::o
-I
..._,
;,-
-.D
WRITTEN PLEA OF NOT GUILTY AND DEMAND FOR JURY TRIAL
COMES NOW the defendant, KRISTIN ANNE SCHMIDT, by and through the
undersigned attorney, and files this, her written plea of not guilty, waives arraignment, and
requests that this cause be set for trial. This plea shall not waive Defendant's right to raise any
and all procedural motions, objections or defenses to the charges filed herein.
of the State Attorney, 1-813-274-1976, on this
...f1fa~.
APPLEMAN
& SHEPARD,
2006.
LAW OFFICES, P.A.
on
43 McKenzie Avenue
P.O. Box 880
Telephone: (850) 230-5550

STATE OF FLORIDA,
Plaintiff,
Judge Overstreet
v.
Defendant.
~
c-,
'
us
-<:;:;CJ
C,
NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY:~S-~

-r-i
Snrn
COMES NOW the Defendant, KRISTIN ANNE SCHMIDT, by and t~h
De(i,idant's
?-I
undersigned attorney on behalf of the firm APPLEMAN & SHEPARD, LAW OFFICES, P.A.,
.D
andgives
notice of intent to participate in discovery pursuant to Rule 3 .220, Florida Rules of Criminal Procedure,
and requests that all discovery documents, tapes, photos, and any other evidence required by Rule 3.220
be forwarded to the undersigned attorney within fifteen (15) days of the date of this request and that the
State of Florida continue to provide updated, supplemental discovery throughout these proceedings.
Defendant further requests that neither the prosecutor nor personnel of the prosecutor advise
persons having relevant information or materials to withhold same, to refuse to discuss this matter with
defense counsel, or to otherwise impede defense counsel's investigation of this case.
of the State Attorney, 1-813-274-1976, on this_~
of December, 2006.
APPLEMAN
& SHEPARD, LAW OFFICES, P.A.
436 McKenzie Avenue

P.O. Box 880
Telephone: (850) 230-5550
:~
...:.:

STATE OF FLORIDA,
Plaintiff,
v.
Case No.: 06-4016 Gi'MG

Judge Overstreet CD
>~
-<~:I:

Defendant.
n
0:::oJ:.>
c:-rio
Z:-;
--Cl
:<~ ro
a::
c:::a
111r
CJ
-n
I
en
rn
n
,
_ ,
....
rn
============================================================-=
:j_~
1J 0
~-N
::;Jnrn
WRITTEN WAIVER OF PRESENCE
c;g
":I
>~-i
..
The Defendant, KRISTIN ANNE SCHMIDT, through her undersigned attorney,enters

her written waiver of presence in accordance with Florida Rules of Criminal Procedure 3 .l 80(a)
and waives presence at any hearing on any motion in the above-styled cause.
CLIENT
of the State Attorney, 1-813-274-1976, on this
~ of December, 2006.
APPLEMAN
& SHEPARD,
LAW OFFICES, P.A.
436 McKenzie Avenue

P.O. Box 880
Telephone: (850) 230-5550
;~
DATE: 12/06/2006
TO: JIM APPLEMAN
436 McKenzie Avenue
Post Office Box 880
NOTICE TO APPEAR
Re:
State of Florida
-vs- KRISTIN ANNE SCHMIDT
Case No. 06004016CFMG
Charge(s} AGGRAVATED
MANSLAUGHTER
OF A CHILD
You are hereby

scheduled
for:
This
notified
that
PRETRIAL
the
above
styled
is your NOTICE TO APPEAR ON 03/06/2007
before
the Honorable
case
at
has been
13:30
pm
OVERSTREETMICHAELC in Courtroom
of the CNTY CRT HSE 2ND FL, PANAMACITY FL 32401

If this
office
can be of further
Honorable HAROLDBAZZEL
Clerk of Circuit
and County
assistance
please
advise.
Court
NOTICE REGARDINGTHE AMERICANSWITH DISABILITITES ACT OF

1990. In Accordance with the Americans With Disabilities
Act, If you are a person with a disability
who needs any
accomodation
in order to participate
in this proceeding,
you
are entitled,
at no cost to you, to the provision
of certain
assistance.
Please contact
Jennifer
Wells at (850) 747-5327
within 2 working days of your receipt
of this NOTICE TO
APPEAR; if you are hearing
impaired,
call 1-800-955-8771;
if
you are voice impaired,
call 1-800-955-8770.
DATE: 12/06/2006
TO: KRISTIN ANNE SCHMIDT
2329 JOAN AVE
PANAMACITY FL 32408NOTICE TO APPEAR
Re:
State of Florida
Charge(s)
AGGRAVATED
MANSLAUGHTER
OF A CHILD
You are hereby

scheduled
for:
This
notified
that
PRETRIAL
the
above
styled
before
the Honorable
case
at
has been
13:30
pm

If this
office
can be of further
Clerk of Circuit
and County
assistance
please
advise.
Court

Act, If you are a person with a disability
who needs any
accomodation
in this proceeding,
you
are entitled,
of certain
assistance.
Please contact
Jennifer
Wells at (850) 747-5327
within 2 working days of your receipt
of this NOTICE TO
impaired,
call 1-800-955-8771;
if
call 1-800-955-8770.
DATE: 12/06/2006
TO: STEELE BOYS BAIL BONDS INC
1003 N MLK JR BLVD SUITE A
PANAMACITY FL 32401
NOTICE TO APPEAR
Re:
State of Florida
Charge(s)
AGGRAVATED
MANSLAUGHTER
OF A CHILD
You are hereby

scheduled
for:
This
notified
that
PRETRIAL
the
above
styled
before
the Honorable
case
at
has been
13:30
pm

If this
office
can be of further
Clerk of Circuit
and County
assistance
please
advise.
Court

who needs any
Act, If ;you are a person with a disability
accomod~tion
in this proceeding,
you
are entitled,
of certain
assistaice.
Please contact
Jennifer
Wells at (850) 747-5327
within 2 working days of you~ receipt
of this NOTICE TO
impaired,
call 1-800-955-8771;
if
call 1-800-955-8770.
IN THE CIRCUIT COURT, FOURTEENTH .nJDICIAL CIRCUIT OF THE STATE OF

STATE OF FLORIDA,
Plaintiff,
v.

Judge Overstreet

Defendant.
ORDERGRANTING
MOTIONTOMODIFY.
BOND
THIS CAUSE, having come before this Honorable Court upon Defendant's Motion to
ModifyBond the Court having reviewed the motion, file and being otherwise fully informed,it is
hereby,
ORDEREDAND ADJUDGEDthat the Motion to Modify Bond is GRANTED.

.
Defendantshall be allowed to travel outside of Bay County,Florida for the purpose of transporting
her child from college in the State of Alabama back to Bay County for residency. Said dates
beginningWednesday,December 6, 2006 in the afternoon until Saturday, December 9, 2006.
DONEANDORDEREDin Chambers,Bay CountyCourthouse, Panama City, Florida,on

this~ofDeccmbet,
2006.
~
CBAEL C. OVERSTREET
Circuit Judge
Coplesto:
Jim A.pplemfl1'1,
Elq.
MikaFl11acor,
Esq.__
-<Al..,...
er
;:~C:,
Clqk's Certificate
ofService
.
......,
c:,r
';:x~
,,
Z:-;C"
c-,
I
i~~ s
-~o
iis
::>::5
-F.
I herebycertifythata true copy of the foregoingwas provided to the parti4 ~ a~e byrn
U.S. Mailon this
day of December,2006.
.-:;=;~
0
-t
Deputy Clerk/JudicialAssistant
Appleman & Shepard Law Offices, P.A.

Post Office Box 880
Panama City, FL 32402

Telephone: 850-230-5550
Fa.asimile:850 ..215-4909
FacsimileCover Sheet
To:
Judy / Judge Albritton
From:
Leslie / ,Jim Appleman
Fax Number:
914-6454
Date:
December 6, 2006
Number of pages:
5+ cover
Re:
State v. Schmidt, Kristin
Com men.ts:
Please see the attaebed documents that you

spoke to Mr. Applemanabout. Thank you.
'Theinformationcontainedin thisfacsimile messageis attorney privileged and confidential

informationlntende.dforthe addresseeonly. lfthe readerof this message is not the intended
recipient,you are herebynotiftedthat any dissemtnation.distributionor copyingof thts
communicationis strictly forbidden. If you havereceivedthis communicationin error,please
not(fyus immediatelyat the number listed above.
' ,.
ffliCOft
IN THE.CIRCUIT COURT OF THE

FOURTEENTHJUDICIAL CIRCUIT,
IN AND FORBAY COUNTY,STATE
OFFLORIDA
STATE OF FLORIDA
Case No.: .. ~6-4016CP'MG
v.
.Judie Overstreet .
KRISTINSCHMIDT
STATE'S
RESPONSE
TQ DEFENDANT'S
MOTION
BOND
.
.
. TOMODIFY
THE STATE OF FLORIDA,by and throughthe undersignedAssistantState
Attorney,h~rebyresponds to the Motionto ModifyBo~d.filcdby Defendant~stin

Schmidt, ~ough counsel, on Decc~ber 4, 2006. .
l.
A condition of the Defendant'sbond in this case is the Defendantmay not leave
BayCounty.
2.
The State ~as discusied'this matter wi~hJim Applem.ari,

Esq., counsel for th~ .
Defendant.
3.
The State has been advi,ed that the Defendantis requestingpermissionto depart
Bay Countyon December 6, 2006, and return to Bay CoutJ.tyon 'December9, 2006. The
.
...
'
'
purposefor the Dcfen48.ntleavingBay Countyonthose datesis for the Defendantto.

travelto Alabama
toassist her child relocatefrom Alabama
tQ Bay County.
3.
The State has no .objection to the Court grantingpermissi~n for the Defendantto
leave Bay County on December6, 2006, and to return to Bay Countyon December9,
2006,for the limited purpose of traveling.toAlabama and assiatingherchild in moving
fromAlabamato Bay County.

4.
The State requests that the pennission
toleave Bay County be limited to
December6, 2006 through Dcccmbei:9, 2006, and be limited to thi p~
discussedin
this response. The State obj~ctsto any other modificationsor c~ceptio~sto the
conditionsof bond.
. .
'
I HEREBYCERTIFYthat a copy of the foregoinghas been furnis~d ?Y

facsimile and by mail to Jim Appleman,counsel.fordefendant Kristin S~hmidt,436
. Mcl{enzie~venue, Panama City; Ft 32402~0880,on this
~ day of December~~006.
MARKA.OBER
STATB A 'ITORNEY
'
c ac C.Sinacore
Assistant State Attorney
f1orida Bar #0868523
..
,,
--------------
~--
...
. -'
FLORIDAt IN AND FOR BAY COUNTY
STATE OF FLORIDA,
Plaintiff.
Case No.: 06-1016CFMG

Judge Overstreet
v.
KRISTINANNESCJIMIDT,
Defendant.
MOTION
TOMODIFYBOND
COMES NOW the Defendant, KRISTIN ANNE SCHMIDT, by and through her
undersignedattorney, and files this Motion to Modify Bond and as grounds therefore states:
1.
Defendanthas been chargedwith AggravatedManslaughterof a Childand was

given a bond amountofS25,000.00.
2.
The bond currently states that Defendantmay not leave Bay .county,Florida.
3.
Defendant has a child who currentlyattends college in the State of Alabama and is
transferring to Ou1fCoast CommunityCollege in Bay County. Defendan:tis
responsiblefor the transportationand requeStsthat the restric;ion ot travel outside
of Bay County, putSuantto the bond that is in place.now and tha.tshe be allowed
. to travel for the purposes of transportingher child from ichool in the State of
Alabama back to Bay County, Florida.
4.
Defendant is a resident of Panama City Beach, Florida.Bay County, Florida
5.
Defendantis not~ flight risk or a danger to the community.
WHEREFORE,
the Defendant,KRISTINANNESCHMIDT,respectfully
requeststhe Court to release her on any reasonable conditions the Court deems necessary.
..
..
'
CERTIFICATEOFSERVICE
I HEREBY CERTIFY that a copy of the foregoinghas beenfurnished by facsimile to the
Officeof the State Attorney, l-813-274-1976 on this
. ,LJ~.
.
-~ day of December, 2006.
APPLEMAN& SlmeAIU>,
LAW
omc&s, P.A.
.LEMAN
....._~_,l:l,Mllr.q,wiBar
No.: 0154440
lJ'DOLPR
C. SHEPARD,JR.

436 McKenzie Avenue
P.O. Box 880
Telephone:(850) 230-S550
ATTORNEY
FORDEFENDANT
----
AssistantStateA.ttorne;y
---------------
IN THE CIRCUIT COURT OF THE FOURTEENTHJUDICIAL CIRCUIT,

IN AND FOR BAY COUNTY, STATE OF FLORIDA
STATE OF FLORIDA
Case No.:
v.
Judge Overstreet
06-4016 CFMG
KRISTIN SCHMIDT
------------'
STATE'S RESPONSE TO DEFENDANT'S MOTION TO MODIFY BOND
THE STATE OF FLORIDA, by and through the undersigned Assistant State
Attorney, hereby responds to the Motion to Modify Bond filed by Defendant Kristin
Schmidt, through counsel, on December 4, 2006.
1.
A condition of the Defendant's bond in this case is the Defendant may nozjeave
c:it;,=.
BayCounty.
~,-,'~\
C:
2.
:.
g-:'
~
I
~~~-~
r~-
. -- o rn
The State has discussed this matter with Jim Appleman, Esq., cotmselfor tire
'4-...I
-,~, _..:.:,--J
Defendant.
1
0
_.;r~l
n Pl
'.'.:'.01-
CJc
:P ;:o
3.
l:':J
.-
.,---
The State has been advised that the Defendant is_requesting permissioh to depiut
Bay County on December 6, 2006, and return to Bay County on December 9, 2006. The
purpose for the Defendant leaving Bay County on those dates is for the Defendant to
travel to Alabama to assist her child relocate from Alabama to Bay County.
3.
The State has no objection to the Court granting permission for the Defendant to
leave Bay County on December 6, 2006, and to return to Bay County on December 9,
2006, for the limited purpose of traveling to Alabama and assisting her child in moving
from Alabama to Bay County.
4.
The State requests that the permission to leave Bay County be limited to
December 6, 2006 through December 9, 2006, and be limited to the purpose discussed in
\..
V
this response. The State objects to any other modifications or exceptions to the
conditions of bond.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by

facsimile and by mail to Jim Appleman, counsel for defendant Kristin Schmidt, 436
McKenzie Avenue, Panama City, FL 32402-0880, on this
~ day of December, 2006.
MARK A.OBER
STATE ATTORNEY
'
c ae C. Sinacore
Florida Bar #0868523

STATE OF FLORIDA,
Plaintiff,
v.

Judge Overstreet

Defendant.
ORDER GRANTING MOTION TO MODIFY BOND

Modify Bond the Court having reviewed the motion, file and being otherwise fully informed, it is
hereby,
ORDERED AND ADJUDGED that the Motion to Modify Bond
is GRANTED.
Defendant shall be allowed to travel outside of Bay County, Florida for the purpose of transporting
her child from college in the State of Alabama back to Bay County for residency. Said dates
beginning Wednesday, December 6, 2006 in the afternoon until Saturday, December 9, 2006.
DONE AND ORDERED in Chambers, Bay County Co .....w01.v ..
~..
this --1:__
day of December, 2006.
Circuit Judge
Copiesto:
Jim Appleman, Esq.
'\
Mike Finacore, Esq. __
Clerk's Certificate of Service
I hereby ce7
U.S. Mail on this
that a 1rue copy of the foregoing was provided t

day of December, 2006.
..
<
--...L~~'--L.~~~~~.......,.
IN THE CIRCUIT COURT OF THE FOURTEEN JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR BAY COUNTY
CRIMINAL JUSTICE DIVISION
STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
NOTICE OF DISCOVERY
THE STATE OF
written
Request
Criminal
for
Discovery,
Procedure,
Procedure,
the
Florida
to
charged
or
presented
names
have
any
at
Category
to
and
trial
the
Rule
under
A Witnesses
to
of
thereto
to
90.404
pursuant
to
Florida
be
any
(2)
3.220
persons
may
or
defense
counsel's
Florida
Rules
of
information:
all
which
to
Rule
following
addresses
F.S.
response
3. 220 (b) ( 1) ( i),
information
defenses
in
pursuant
furnishes
Pursuant
1.
FLORIDA,
are
Rule
Rules
known
relevant
similar
as
3.220
fact
of
Criminal
to
the
State
to
the
of
offense
evidence
to
be
follows:
(b) (1) (A) (i),
F .R.CR. P.:
Steven Adamczyk
108 Kristine
Blvd.
Panama city,
Florida
'
..
,.
32404
("9
a,r-
Dr. Vernard
Adams
Hillsborough
County Medical
401 South Morgan Street
Tampa, Florida
33602
:t>r"l
"'<,;;ox
Examiner
C"):;K.)>
oO::o
c:"Yl;e>
,--N
)>
!i-:IN
C")fl'I
-er-
\~
n
N
:<6,m
"'lli:::l>
Dr. Jeffrey
Appel
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
""4
,,
......
'I
~.
-
-
\A
Dr. Julie
Bayham
Sacred Heart Hospital
5151 N. 9th Avenue
Pensacola,
FL 32504
Brenda Booher
Bay Regional
Detention
450 East 11th Street
Panama City,
Florida
Center
32401
Vickie Burnett
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg. Suite #206
Tallahassee,
Florida
32399-3100
Sgt. Koren Colbert
Bay County Sheriff's
3 4 21 N. Hwy. 7 7
Panama City,
32405
Kristen
Cortiz
FDLE
2237 w. 24th Street
Panama City,
Florida
David Cruel
502 David Avenue
Panama City,
Florida
Roy Davilla
5617 Adalee Road
Panama City,
Florida
Office
32405
32404
32404
Chantelle
Dishman
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Dr. Wayne Duer
Hillsborough
County Medical
Tampa, Florida
33602
Examiner
Detective
Leon Evans
Office
3421 N. Hwy 77
Panama City,
FL 32405
Department
Dr. Jason Foland

5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
5153 North 9th Avenue
Pensacola,
Florida
32504
Tommy Ford
FDLE
2237 w. 24th Street
Panama City,
Florida
32405
Dr. Sam Gulino

Hillsborough
County Medical
Tampa, Florida
33602
Dr. Bruce Goldberger
Rocky Point Labs
4800 s.w. 35th Drive
Gainesville
Florida
Examiner
Department
Examiner
Department
32608
Kathy Hanley
Bay County School Board
6410 Cherry Street
Panama City,
FL 32404
Dr. Laura Hair
Hillsborough
County Medical
Tampa, Florida
33602
Richard Hall
21043 N.W. Josephine
Lane
Altha,
Florida
32421
Robert Hall
FDLE
2237 w. 24th Street
Panama City,
Florida
Sgt. Bethany Harris
3421 N. Hwy. 77
Panama City,
Florida
32405
Office
32405
Stanley
Heaton
208 N. Harris
Avenue
Panama City,
Florida
32401
Matt Herring
FDLE
2237 W. 24th Street
Panama City,
Florida
32405
Amber N. Hunter
3913 Pisa Drive K-5
Panama City, Florida
32405
Dr. Jennifer
Jenkins
5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
Pensacola,
Florida
32504
Antonio L. Jones
1914 Frankford
Avenue
Apt. #803
32405
Dr. Jacqueline
Lee
Hillsborough
County Medical
Tampa, Florida
33602
Beverly Moniz
FDLE
2237 w. 24u Street
Sgt. Steve Nagy
3421 N. Hwy. 77
Travis W. Perry
912 McKenzie Avenue
Examiner
32405
Office
32405
32401
Timothy Petrucci
223331 S. Spring Creek Road
Estacada,
Oregon
97023
Chelsea Pollock
Bay Medical Center
615 North Bonita Avenue
32401
William C. Reynolds
1606 W. 1ou Court
32401
Tom Ring
FDLE
2237 W. 24u Street
32405
Department
Adam P. Rogers
156 Hill Drive
32404
Jane Schachle
FDLE
1301 N. Palafax Street
Pensacola,
Florida
32501
Anita Segers
Bay Medical Center
32401
Dr. Charles F. Siebert
District
14 Medical Examiner's
3737 Franklin
Avenue
32405
Office
Ronald K. Slocum
7730 s. Mccann Road
Southport,
Florida
32409
Capt. Jim Stanford
3421 N. Hwy. 77
Capt. Mike Thompson
3421 N. Hwy. 77
Office
32405
Office
32405
Dr. Shairi Turner

Department of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Nicky Vickers,
SRO
3421 N. Hwy 77
Inv. Mark Walton
3421 Hwy. 77
Office
32405
Office
32405
Dr. Cynthia Lewis-Younger

Medical Toxicology
Consultants
9210 Florida
Palm Drive
Tampa, FL 33619
Detective
Mike Gibson
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Harry Hoover
Hillsborough
County Sheriff's
2008 8th Avenue
Tampa, Florida
33605
Detective
Charles
Keene
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Steve Lewis
Hillsborough
County Sheriff's
7202 Gunn Highway
Tampa, Florida
33625
Gloria
Porter,
State Attorney's
800 E. Kennedy
Tampa, Florida
Office
Office
Office
Office
Investigator
Office
- 13th Judicial
Blvd.
33602
Detective
Jason Van Brunt
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Office
Sergio Connelly
(Juvenile)
917 East Buchanan Avenue
Orlando,
Florida
32809
Latray Davis (Juvenile)
Juvenile
Offender
309 Rec Park Road
Madison, Florida
32340
Matthew Dunlap (Juvenile)
8700 Fowler Ave., Lot 12
Pensacola,
FL 32531
Andrew Fuller
(Juvenile)
201 Beulah Avenue
Panama City,
Florida
32404
Zachary Hendrix
(Juvenile)
261 N. Celery Avenue
Jacksonville,
Florida
32220
Circuit
Colby Jones (Juvenile)

406 S.E. Main Street
Havana, Florida
32333
Darrington
Lovely
2219 U Street
Pensacola,
Florida
(Juvenile)
32505
Michael Manis (Juvenile)

34389 Orchid Parkway
Dade City,
Florida
33523
Samuel Melvin (Juvenile)
2961 Cricket
Lane
Bonifay,
Florida
32425
Kyle Merritt
(Juvenile)
4424 Pandora Road
Marianna,
Florida
32448
Wendell Mincey (Juvenile)
142 North East 119th Street
Cross City,
Florida
32628
Ethan Robertson
(Juvenile)
3737 Aladdin Terrace
Jacksonville,
Florida
32323
Daniel Roman (Juvenile)
1498 w. Ponderosa
Road, Road
Fort Walton Beach, Florida
32547
Aaron Schwartz
(Juvenile)
7606 Jenkins
Circle
Tallahassee,
Florida
32310
Jamal Taylor
1617 Elberta
Tallahassee,
(Juvenile)
Drive
Florida
32304
Davareous White (Juvenile)

1701 Hamilton Avenue
Panama City,
Florida
32401
Tedrick Williams
(Juvenile)
4116 Cowan Drive
Tallahassee,
Florida
32305
Justin
Whithers
(Juvenile)
613 Sea Oats Drive
Destin,
Florida
32541
Category
B Witn
pursuant
to Rule 3.220
F .R.CR.P.:
Lt. Michael Allen
Polk County Sheriff's
Office
455 N. Broadway Avenue
Bartow, Florida
33830
Carla Alvarez
5151 N. 9th Avenue
Pensacola,
Florida
32504
Andy Anderson
Justice
2737 Centerview
Drive
Knight Bldg, Suite #206
Tallahassee,
Florida
32399-3100
Robert Anderson
c/o Benjamin Crump, Esq.
Parks & Crump
240 N. Magnolia Drive
Tallahassee,
FL 32301
Dr. Thomas Andrew
White Mountain Forensic Consulting
109 Woodland Drive
Contoocook, New Hampshire 03229
Dennis Arnold
Bay Medical Center
32401
Ann Bacher
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. C. Glen Bailey
Bay Medical Center
32401
Josh Balkom
Emerald Bay Academy
1515 June Avenue
32405
Jill
Barry
5151 N. 9th Avenue
Pensacola,
Florida
32504
Services
(b) (1) (A) (ii),
Victor
Battle
Battle
Memorial Funeral
Home
1123 N. Cove Blvd.
Panama City,
Florida
32401
Michael Bostic
Bay Regional
Juvenile
Cedar Grove, Florida
Detention
Center
32405
Sgt. Robert Bowden

Manatee County Sheriff's
Office
14490 Harlee Road
Palmetto,
Florida
34221
Kimberly Bryant
AIRHeart Regional
#37 Sheriff
Drive
Santa Rosa Beach,
Air Ambulance
FL 32459
Joseph Bullock
Emerald Bay Academy
1515 June Avenue
Panama City,
Florida
32405
Chris Caballero
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Beth Carr
Department
of Juvenile
Panama City,
Florida
Justice
32401
Steve Casey
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Charles
Chervanik
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Dr. Ben Clark
5151 N. 9th Avenue
Pensacola,
FL 32504
John Criswell,
Chief
Department
of Juvenile
Justice
Bureau of Quality
Control
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
William Crowell
2713 Cocoa Avenue
32405
James Deas
508 Airport
Road
Suite C
32405
Lt. Karen DeMarchi

Martin County Sheriff's
800 SE Monterey Road
Stuart,
Florida
34994
Office
Laura Demeter, RN
5151 N. 9th Avenue
Pensacola,
Florida
32504
Michael Dobbs
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. John Downs
917 Guisando de Avila
Tampa, FL 33613
Judith
Dzadek
Bay Medical Center
615 N. Bonita Avenue
32401
Dr. Samir Ebid

2202 State Avenue
Suite #302
32405
Cassie Elliott,
RN
Bay Medical Center
32401
Carolyn Floyd
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
10
Paul Green
Emerald Bay Academy
1515 June Avenue
Guerrero
Olokee Street
32405
Frank
6704
Natalie
Hager
722 Joan Avenue
32404
32404
Bo Hall
5151 N. 9th Avenue
Pensacola,
Florida
32504
Heather Hart
450 East 11~ Street
Karen Harvell
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
32401
Examiner's
Office
32504
Dr. David Hathaway

Honeywell NASA Marshall
Space Flight
Post Office Box 240011
Huntsville,
Alabama 35824
Officer
Oscar Harrington
Bay Regional Juvenile
Detention
4529 East Business
Highway 98
32404
Carol Hawthorne
American Medical
4914 W. Knox
Tampa, FL 33634
Center
Response
Judy Haynes
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Cpl. Terrance
Henderson
Detention
2744 Ravenwood Court
32444
Lynn Haven, Florida
Tamika Herbert
2531 Johnson Drive
Lynn Haven, Florida
Center
Detention
Center
32444
11
Center
Sharon Holler
5151 N. 9th Avenue
Pensacola,
Florida
32504
Christopher
Hood
Space Flight
Huntsville,
Alabama 35824
Diane Houser
Bay Medical Center
32401
Cpl. Eddie Mae Hubbard

Detention
810 Harrb Avenue
32401
Center
Monica Hudlow, RN
5151 N. 9th Avenue
Pensacola,
Florida
32504
Chuck Jeter,
RN
AIRHeart Regional
#37 Sheriff
Drive
Santa Rosa Beach,
Air Ambulance
FL 32459
Joyce Johnson
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Gina Jones
Parks & Crump
Tallahassee,
FL 32301
Cpt. Lloyd Jones
Stuart,
Florida
34994
Cpl. Sylvester
Jones
1410 East 9~ Street
Melinda Keiffer
Ramsden Air Force
Germany
Office
Detention
Center
32401
Base
12
Center
Lt. Kimberly Klein

Pinellas
County Sheriff's
Office
14400 49ili Street
N
33762
Clearwater,
Florida
Richard Kline
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Sgt. Richard Koester
Bay Regional
Detention
450 East llili Street
Jeff Martin
District
1 Medical
5151 N. 9ili Avenue
Pensacola,
Florida
Center
32401
Examiner's
Office
32504
Steve J. Martin
8513 Adirondack
Trail
78759
Austin,
Texas
Richard L. McAlister
1940 Sherman Avenue #410
32405
Herman McBride
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Janie McGeorge
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Don McKay
Bay Regional Detention
Center
32401
Sheriff
Frank McKeithen
Office
3 4 21 N. Hwy. 77
32405
Linda Milton
Records Custodian
5151 N. 9th Avenue
Pensacola,
Florida
32504
13
Dr. Andrea
District
1
5151 N. 9th
Pensacola,
Minyard
Medical
Avenue
Florida
Examiner's
Office
32504
Delores Nelson
Bay Medical Center
32401
Cpl. Raymond O'Brien
Detention
6939 Roadrunner
Road
32466
Youngstown, Florida
Sgt. George Pridgen
8911 Summer Circle
Detention
Center
Center
32404
Felicia
Reed
Bay Medical Center
32401
Sgt. Earl Rouhlac
3922 Trino Way
Debra Sasser
Department
of Juvenile
105 Black Shear Drive
Terry
Detention
32401
Justice
32401
Sasser
3404 W. 19~
Panama City,
Street
Florida
32405
Anthony Schembri,
Secretary
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Carla Seaborn
Bay Medical Center
Lt. Robert Shirley
450 East 11~ Street
32401
Center
32401
14
Center
Ronald K. Slocum
7730 s. Mccann Road
Southport,
Florida
32409
Jeffrey
Steiber
District
1 Medical
5151 N. 9~ Avenue
Pensacola,
Florida
Examiner's
Office
32504
Lorene Thomas
Department
of Juvenile
505 East 11~ Street
Panama City,
Florida
Justice
32401
Allison
Turner
Custodian
of Records
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. Patricia
Turner
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Shelley
Vogt
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Lisa Ward
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
Ms. Pasha Waters
Bay Regional
Detention
450 East 11~ Street
Panama City,
Florida
Center
32401
Kelsey Welsh
District
14 Medical
Examiner's
3737 Franklin
Avenue
Panama City,
Florida
32405
Dr. Barbara
Wolf
70 Danley Drive
Ft. Myers,
Florida
Office
33907
Casteldera
A. White
2905-U Minnesota
Avenue
Lynn Haven, Florida
32444
Terrance
Winters
Everett
Middle School
608 School Avenue
Panama City,
Florida
32401
15
Lt. Joseph Wright

Detention
Apt. #91
905 West 26th Street
Lynn Haven, Florida
32444
Margaret Yon
6515 Smith Road
Jonathan
Bouchard
2625 Taylor Road Apt.
Center
32404
C
32401
Trummell Brown(Juvenile)
9930 River Williams
Place
Tallahassee,
Florida
32305
Taylor Dunn (Juvenile)
1133 Abraham Street,
Apt. B
Tallahassee,
Florida
32304
Shawn Mahoney (Juvenile)
210 Pine Street
Fort Walton Beach, Florida
32548
Dominique Neal (Juvenile)

121 Live Oak Lane
Quincey, Florida
32351
Christopher
Williams
2502 B. Halton Street
Tallahassee,
Florida
(Juvenile)
F-134
32310
16
Category
F.R.CR.P.:
pursuant
C Witnesses
to
Rule
3.220
(b) (1) (Al (iii),
Eber Brown
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg. Suite
#206
Tallahassee,
Florida
32399-3100
Steve Bushore
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg. Suite
#206
Tallahassee,
Florida
32399-3100
Christopher
Crews
23534 N.W. Lamont
Fountain,
Florida
Road
32438
Nancy Guyott,
RN
5151 N. 9th Avenue
Pensacola,
Florida
32504
Benjamin
Logue
2908 Canal Drive
Panama City,
Florida
Stephen
A. Master
1439 2nd Street
Southport,
Florida
2.
State's
counsel
A)
B)
Below
is
inspect,
Pursuant
Procedure,
compliance
Procedure.
32409
a list
possession
to
32405
of
or
control
copy,
test
the
information
which
will
and
be
material
produced
Rule
3.220(b)
(1) {B),
Florida
Rules
Statements
by persons
whose
names are
with
Rule
3 . 2 2 0 (b) ( 1) ( i) , Florida
Rules
defense
of
Criminal
furnished
in
of Criminal
Documents numbered
1 through
24,224.
3 .220 (b) (1) (C),
Florida
Rules
of
recorded
and/or
oral statements
of the
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A
6
for
the
and photograph:
to
YES.
See Discovery
Pursuant
to
Rule
Procedure,
written,
within
17
Criminal
accused.
of force
reports,
interviews.
Also
see
C)
Pursuant
Procedure,
defendants.
to
Rule
written
3. 220 (b) (1) (D),

recorded
and/or
Florida
Rules
oral
statements
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A".
D)
Pursuant
Procedure,
accused.
to
Rule
recorded
of
of
Criminal
the
co-
of force
reports,
interviews.
Also
3.220(b)(l)(E),
Florida
Rules
of
Grand Jury minutes
containing
testimony
see
Criminal
of the
NONE.
E)
to
Rule
Pursuant
Procedure,
tangible
the accused.
3.220(b)(l)(F),
papers
or objects
Florida
obtained
Rules
of
Criminal
from or belonging
to
3.220(b)(l)(G),
or
information
Florida
provided
Rules
by a
NONE.
F)
Pursuant
Procedure,
informant.
to
Rule
material
of
Criminal
confidential
NONE.
G)
Pursuant
to
Rule
3. 220 (b) (1) (H),
Florida
Procedure,
electronic
surveillance,
pursuant
Florida
Statutes,
of the premises
of which the
and documents
relating
thereto.
Rules
of
Criminal
to
Chapter
934,
accused
was a party,
NO.
H)
Pursuant
Procedure,
documents
to
Rule
3 .220 (b) (1) (I),
whether
there
has been
relating
thereto.
Florida
any search
Rules
of
or seizure
Criminal
and any
NONE.
I)
Pursuant
Procedure,
physical
experiments
YES.
John
Dr.
and
and
to
Rule
3.220(b)(l)(J),
reports
or statements
by
or
mental
examinations
or comparisons.
Florida
Rules
of
Criminal
experts,
including
results
of
and
of
scientific
tests,
See reports
of Dr. Charles
Siebert,
Dr. Vernard
Adams, Dr.
Downs (CV and Report),
Dr. Thomas Andrew (CV and Report),
Wayne Duer, and Dr. Bruce Goldberger,
and Steve Martin
(CV
Report).
Also see sworn statements
by Dr. Charles
Siebert
Dr. Barbara
Wolf.
18
J)
Pursuant
to
Rule
3.220(b) (1) (K),
Florida
Rules
of
Criminal
Procedure,
tangible
papers or objects
intended
for use at hearing
or trial
which were not obtained
from or belonged to the accused.
YES.
Videotape
of orientation
from Bay Boot Camp.
Video
Flight
and incident
5, 2006,
of incident
enhanced at Honeywell NASA Marshall
Center
(3 enhanced videos on DVD).
Recorded
interviews
of defendants.
Recorded
interviews
of witnesses
Transcripts
of recorded
PAR reports
Recording
written
(see
collected
Space
reports).
interviews.
Bay Boot Camp Use of Force
Video
January
Log.
by defendants.
of 911 Call.
from Bay Regional
Detention
Center
January
5, 2006.
Still
image of Martin Anderson from Bay Regional
Detention
Center
video January
5, 2006. (Identification
made and signed by Robert
Anderson).
Still
image of Martin Anderson from Bay Regional
Detention
Center
video January
made and signed by Gina
Jones).
Photographs
of Bay Boot Camp.
Ammonia Inhalant
Box
Paper towels and seroquel

Detention
Center
pills
collected
from Bay Regional
Videotapes
of physical
assessments,
orientation
and training
(prior
to January 5, 2006), collected
from Bay County Boot Camp.
Policies,
including
BCSO Use of Force
CJSTC Standards,
and PAR Policy.
Medical
Policy,
Records.
X-Rays.
Photographs
Autopsy
of Martin
Anderson
at hospital.
photographs.
19
Behavioral
Matrix,
Audio recordings
of Criminal
hearings
February
15, 2006,
Justice
February
DJJ/BCSO Boot Camp Contracts,

(Documents on CD-ROM)
3.
Pursuant
Procedure,
the
possession
to
following
or control
to the offense
in
for
or
is
defense
him to
inspect,
within
the
the
addresses
of
witnesses
at
the
the
all
defense.
included
in
of
of
Criminal
the
State's
the
accused
Charles
as
Siebert.
any information
this
the
(iii)
to
Rule
to
contained
your
request
even
if
response
State
not
furnished
Rule
of
Florida
(i)-(iii)
In addition
have
Discovery
defense
a written
this
3.220(d)
been
State
numbered
documents
are
20
and
and permit
and material
Florida
Rules
list
case
Rules
of
of
Criminal
of the
expects
within
State
(2),
expects
above,
to
counsel
names and
to
seven
call
days
as
after
of Florida.
Florida
Rules
a disclosure
of Rule 3.220(d)
to the
Florida
counsel
Florida
by the
by the
of
information
pursuant
(1),
expects
of
State
(xi).
3. 220 (d)
to
disclosure
documents
control
or hearing
the
all
whom defense
list
Pursuant
to
through
of Florida
trial
to
disclose
and
witnesses
corresponding
Discovery
guilt
to you pursuant
and photograph
3.220(b)
in subsections
8.
within
that
convenient
possession
State
the
be
will
test
of the witness
Procedure,
to
State
Pursuant
7.
is
by Dr.
provided
mutually
copy,
State's
Procedure,
forth
the
Procedure
receipt
Rules
the
be advised
materials
At a time
6.
Florida
above.
counsel,
Criminal
to negate
statement
please
deemed
noted
5.
(2),
information
tends
and sworn
other
discovery
specifically
3.220(b)
and QA Reports
charged:
In addition,
reports
DJJ Correspondence
material
which
YES. See report

4.
Rule
Appropriation
Committee
23, 2006 and March 17, 2006.
within
of
of
Criminal
the
fifteen
items
days
set
after
of Florida.
be advised
of the
following:
and are
available
for
numbered
1 through
copying
24,224.
by
The
following
documents
607
1256,
available
are
by
Use
Reports,
Force
contracts,
DJJ
numbered.
in
statements
testify.
(See
use
listed.
police
reports
and
been
Jenks
attorney
32402;
furnished
Avenue,
P.O.
for
James
to
Patrick
H. White,
Avenue,
Panama
City,
Kristin
Schmidt,
at
Florida
32402,
via
U.S.
Panama
Garrett,
Jr.,
436
at
this
interviews,
reports,
CD-ROM have
see
law
sworn
Boot
Camp
not
been
enforcement
statements,
All
"A".
Attachment
the
may
foregoing
attorney
for
City,
Florida
P.O.
Box
for
32401;
McKenzie
mail,
on
are
1 through
of
witnesses
of
attorney
Florida
documents
statements.
reports,
see
Crawford,
Box 1103,
sworn
accused,
force
documents
be
and
witnesses
called
to
documents).
a copy
Hoot
other
in
QA reports
the
Documents
SAO investigator
and
additional
and discovery
I HEREBY CERTIFY that

has
of
review:
transcripts
Reports,
of
Also
report
camera
All
reports,
records,
and
and
in
Included
Office
correspondence
witnesses
listed
autopsy
medical
PAR reports
interview
defense.
Sheriff's
Regarding
for
17273-17431.
the
FDLE reports,
County
reports,
and
copying
Hillsborough
of
be submitted
3789-4443,
for
24,224
will
and
Avenue,
19th
day
430,
Notice
Henry
32402;
Panama
Hauck,
Jim
Appleman,
Box
of December,
Respectfully
at
at
Florida
229 McKenzie
attorney
880,
748
Sombathy,
City,
Panama
2006.
submitted,
MARK A. OBER
STATE ATTORNEY
C. SINACORE
SISTANT STATE ATTORNEY
FLORIDA BAR #0868523
21
Discovery
Dickens,
Robert
Raymond
P.O.
of
for
City,
ATTACHMENT"A"
Regarding
PAR reports,
and interview
statements
of the accused,
use of force
witnesses
reports,
listed.
see law enforcement
sworn statements,
Also,
refer
Interview
by Robert
Hall.
Interview
by Robert
Hall.
by Robert
Hall.
recorded
to the following
reports,
interviews,
discovery
documents:
Sgt.
Henry
Dickens
98-113
DI Charles
63-77
Sgt.
Patrick
Enfinger
Garrett
133-146
Interview
4551-4554
PAR Report.
5850-5852
PAR Report.
Sgt.
Major
Raymond Hauck
38-39
Statements
made to Robert
Mark Walton.
114-126
Interview
4558-4560
Information
Report.
4567a-4568a
Information
Report.
4633a
CCC Daily
Report.
4635a-4637a
Inspector
General's
Incident
Report
Form.
4817-4819
Inspector
General's
Incident
Report
Form.
12797-12798
Information
16696-16700
DJJ
22717-22740
regarding
Sworn statement
by Capt. Jim Stanford
explaining
incident
while viewing video.
22253-22254
Sworn statement
by Mark Walton regarding
Hauck
explaining
use of ammonia on Martin Anderson.
by Robert
Hall,
Bethany
Harris
and
Hall.
Report.
Incident/Complaint
22
Forms.
Hauck
22332;
Sworn statement
by Capt. Thompson regarding
notifying
him of use of force and collapse.
22339
Sworn statement
by Chantelle
Dishman regarding
information
stated
by Sgt. Major Hauck on call to DJJ
hotline
reporting
incident
with Martin Anderson.
23107-23109
DJ: Ray McFadden
Interview
78-97
NUrse
Kristen
Hauck
by Robert
Hall.
Schmidt
157-178
Interview
by Robert
Hall.
413-416
Interview
by Robert
Hall.
417-421
Interview
by Robert
Hall.
4542-4547
Nurse's
notes.
4569a-4574a
Nurse's
notes.
23
13216-13218
Interview
22366-22369
Sworn statement
by Captain Thompson regarding
questioning
Schmidt about the use of ammonia at
boot camp.
Sworn statement
interview
with
23510-23530
Cpl.
Joseph
by Bay County
Sheriff's
by Dr. Shairi
Schmidt.
Walsh
42-62
Interview
by Robert
Hall.
392-399
Interview
by Matt Herring.
4549
PAR Report
4555-4557
Information
4657-4659
PAR Report.
4564a-4566a
Information
4821
PAR Report
5848-5849
PAR Report.
(page 2 of 2).
Report.
Report.
(page
1 of 2).
24
Office.
Turner
regarding
the
phone
IN THE CI~CUIT COURT, FOURTEENTH JUDICIAL CIRCUIT OF Tii

~~~ibF
1001J~NI O P J SB
STATE OF )fLORIDA,
Plaintiff,
H'FOl ['1 B,\ZffL

CLER~:oF c1Rcu11souf
T
BAY COUHlY. Fl [!\ll}M

Judge Overstreet
V.
KRISTIN AnJNESCHMIDT,
Defentlant.

COMtS NOW the Defendant, KRISTIN ANNE SCHMIDT, by and through her
undersigned ajttorney,and files this Motion to Modify Bond and as grounds therefore states:
1.
Defendant has been charged with Aggravated Manslaughter of a Child and was
given a bond amount of $25,000.00.
2.
The bond currently states that Defendant may not leave Bay County, Florida.
3.
Defendant needs to meet with David Fugett, Attorney at Law, who is representing
her in civil issues related to this case, Attorney Fugett's office is located in
Pensacola, Florida. A specific date has not be set pending the outcome of this
, motion. Defendant will advise undersigned attorney and all required parties once
a date is set, but would request that she be permitted to meet with Attorney Fugett
whenever he see necessary to discuss matters of her case and will notify all
required parties on each date.
4.
Defendant also requests permission to travel to Montgomery, Alabama to handle

matters involving her daughters financial situation at school. Defendant has
advised because of recent employment set backs, there are financial issues that
l need to be addressed. Defendant has not set a date to travel to Alabama pending
the outcome of this motion, but will keep all required parties informed of the
dates.
4.
Defendant is a resident of Panama City Beach, Florida, Bay County, Florida
5.
Defendant is not a flight risk or a danger to the community.
WHEJffiFORE, the Defendant, KRISTIN ANNE SCHMIDT, respectfully
requests the Court to allow her to travel to meet with Attorney David Fugett in Pensacola, Florida
to discuss her,civil matters and to travel to Montgomery, Alabama to address the matters
involving her aaughter's schooling.
I HEQEBY CERTIFY that a copy of the foregoing has been furnished by facsimile to
the Office of the State Attorney, 1-813-274-1976 on this4
APPLEMAN
~ of January, 2007.
& SHEPARD,LAW 0FFICES,P.A.
RUDOLPH C. SHEPARD, JR.

436 McKenzie Avenue
P.O. Box 880
Telephone: (850) 230-5550
Michael Sinacore, ASA ----

CASE NO.:
STATE OF FLORIDA
06-4016CF
vs.
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
HENRY DICKENS
CHARLES ENFINGER
RAYMONDHAUCK
06-4016CFMF
06-4016CFMG
06-4016CFMH
~
JOSEPH WALSH II
NOTICE OP DISCOVERY
THE
written
STATE OF
Request
Criminal
for
Discovery,
Procedure,
Procedure,
Florida
the
to
charged
or
presented
names
have
any
at
Category
F.R.CR.P.:
to
and
trial
the
Rule
under
A Witnesses
Steven Adamczyk
108 Kristine
Blvd.
Panama city,
Florida
to
of
thereto
to
90.404
pursuant
to
Florida
be
any
(2)
3.220
persons
may
or
defense
counsel's
Florida
Rules
of
information:
all
which
to
Rule
following
addresses
F.S.
response
3. 220 (b} ( 1) ( i),
information
defenses
in
pursuant
furnishes
Pursuant
1.
FLORIDA,
are
Rule
.Rules
known
relevant
similar
as
3.220
fact
of
Criminal
to
the
State
to
the
of
offense
evidence
to
be
follows:
(b) (1} (A) (i),
c)
......
c:;r-
>
32404
Dr. Vernard
Adams
Hillsborough
County Medical
Tampa, Florida
33602
c.:: \
~t
__,
-<:c:JoX;:-';
C:)
Examiner
C)
::J
~~,.<~
-~'.:.:!
rn
~:
c. -......
t-..J
,-:) ~-/
Dr. Jeffrey
Appel
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
-;
)>
(/1
.c
r-
~Ef;:
,--,-;
Dr. Julie
Bayham
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
FL 32504
Brenda
Booher
Bay Regional
Detention
Panama City,
Florida
Center
32401
Vickie
Burnett
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Sgt.
Koren Colbert
Bay County
Sheriff's
3421 N. Hwy. 77
Panama City,
32405
Kristen
Cortiz
FDLE
2237 w. 24th Street
Panama City,
Florida
David Cruel
502 David Avenue
Panama City,
Florida
Roy Davilla
5617 Adalee
Panama City,
Road
Florida
Office
32405
32404
32404
Chantelle
Dishman
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Dr. Wayne Duer
Hillsborough
County Medical
Tampa, Florida
33602
Examiner
Detective
Leon Evans
Office
3421 N. Hwy 77
Panama City,
FL 32405
Department
'
Dr. Jason
Foland
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
32504
Pensacola,
Florida
Tommy Ford
FDLE
2237 W. 24ili Street
Panama City,
Florida
32405
Dr. Sam Gulino

Hillsborough
County Medical
Tampa, Florida
33602
Rocky Point
Labs
4800 S.W. 35ili Drive
Gainesville
Florida
Examiner
Department
Examiner
Department
32608
Kathy Hanley
Bay County School
Board
6410 Cherry
Street
Panama City,
FL 32404
Dr. Laura Hair
Hillsborough
County Medical
Tampa, Florida
33602
Richard
Hall
Lane
Altha,
Florida
32421
Robert
Hall
FDLE
Panama City,
Florida
Sgt.
Bethany
Harris
3421 N. Hwy. 77
Panama City,
Florida
32405
Office
32405
Stanley
Heaton
208 N. Harris
Avenue
Panama City,
Florida
32401
Matt Herring
FDLE
2237 W. 24th Street
Panama City,
Florida
32405
r
Amber N. Hunter
3913 Pisa Drive K-5
Panama City,
Florida
32405
Dr. Jennifer
Jenkins
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
Pensacola,
Florida
32504
Antonio
L. Jones
1914 Frankford
Avenue
Apt. #803
Panama City,
Florida
32405
Dr. Jacqueline
Lee
Hillsborough
County Medical
Tampa, Florida
33602
Beverly
Moniz
FDLE
2237 W. 24~ Street
Panama City,
Florida
Sgt. Steve Nagy
3421 N. Hwy. 77
Panama City,
Florida
Travis
W. Perry
912 McKenzie Avenue
Panama City,
Florida
Timothy
Petrucci
223331 S. Spring
Estacada,
Oregon
Examiner
32405
Office
32405
32401
Creek Road
97023
Chelsea
Pollock
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
William
C. Reynolds
1606 W. 10~ Court
Panama City,
Florida
32401
Tom Ring
FDLE
2237 W. 24~
Panama City,
32405
Street
Florida
Department
Adam P. Rogers
156 Hill
Drive
Panama City,
Florida
32404
Jane Schachle
FDLE
1301 N. Palafax
Street
Pensacola,
Florida
32501
Anita
Segers
Bay Medical
Center
615 North
Bonita
Avenue
Panama City,
Florida
32401
Dr. Charles
F. Siebert
District
14 Medical
Examiner's
3737 Franklin
Avenue
Panama City,
Florida
32405
Ronald
K. Slocum
7730 S. Mccann Road
Southport,
Florida
Capt.
Jim Stanford
Bay County
Sheriff's
3421 N. Hwy. 77
Panama City,
Florida
Capt.
Mike Thompson
Bay County
Sheriff's
3421 N. Hwy. 77
Panama City,
Florida
Office
32409
Office
32405
Office
32405
Dr. Shairi
Turner
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahassee,
Florida
32399-3100
Nicky Vickers,
SRO
Bay County
Sheriff's
3421 N. Hwy 77
Panama City,
Florida
Inv. Mark Walton
Bay County
Sheriff's
3421 Hwy. 77
Panama City,
Florida
Office
32405
Office
32405
Dr. Cynthia
Lewis-Younger
Medical
Toxicology
Consultants
9210 Florida
Palm Drive
Tampa, FL 33619
Detective
Mike Gibson
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Harry Hoover
Hillsborough
County
Sheriff's
2008 3th Avenue
Tampa, Florida
33605
Detective
Charles
Keene
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Steve Lewis
Hillsborough
County Sheriff's
7202 Gunn Highway
Tampa, Florida
33625
Gloria
Porter,
State
Attorney's
800 E. Kennedy
Tampa, Florida
Office
Office
Office
Office
Investigator
Office
- 13th Judicial
Blvd.
33602
Detective
Jason Van Brunt
Hillsborough
County
Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Office
Circuit
Category
F .R.CR.P.:
B Witnesses
pursuant
to
Rule
3.220
Lt. Michael
Allen
Polk County
Sheriff's
Office
455 N. Broadway
Avenue
Bartow,
Florida
33830
Carla
Alvarez
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Andy Anderson
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg,
Suite
#206
Tallahassee,
Florida
32399-3100
Robert
Anderson
c/o Benjamin
Crump,
Esq.
Parks
& Crump
240 N. Magnolia
Drive
Tallahassee,
FL 32301
Dr. Thomas Andrew
White Mountain
Forensic
Consulting
109 Woodland
Drive
Contoocook,
New Hampshire
03229
Dennis
Arnold
Bay Medical
Center
615 North
Bonita
Avenue
Panama City,
Florida
32401
Ann Bacher
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. C. Glen Bailey

Bay Medical
Center
615 North
Bonita
Avenue
Panama City,
Florida
32401
Josh Balkom
Emerald
Bay Academy
1515 June Avenue
Panama City,
Florida
Jill
Barry
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32405
32504
Services
(b) (1) (A) (ii),
Victor
Battle
Battle
Memorial
Funeral
Home
1123 N. Cove Blvd.
32401
Panama City,
Florida
Michael
Bostic
Bay Regional
Juvenile
Cedar Grove,
Florida
Detention
32405
Sgt. Robert
Bowden
Manatee
County Sheriff's
14490 Harlee
Road
Palmetto,
Florida
34221
Kimberly
Bryant
AIRHeart
Regional
#37 Sheriff
Drive
Santa Rosa Beach,
Air
Center
Office
Ambulance
FL 32459
Joseph
Bullock
Emerald
Bay Academy
1515 June Avenue
Panama City,
Florida
32405
Chris
Caballero
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Beth Carr
Department
of Juvenile
505 East 11~ Street
Panama City,
Florida
Justice
32401
Steve Casey
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahassee,
Florida
32399-3100
Charles
Chervanik
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Dr. Ben Clark
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
FL 32504
John Criswell,
Chief
Department
of Juvenile
Justice
Bureau
of Quality
Control
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
William
Crowell
2713 Cocoa Avenue
Panama City,
Florida
32405
James Deas
508 Airport
Suite
C
Panama City,
32405
Road
Florida
Lt. Karen DeMarchi

Martin
County
Sheriff's
800 SE Monterey
Road
Stuart,
Florida
34994
Office
Laura
Demeter,
RN
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Michael
Dobbs
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. John Downs

917 Guisando
de Avila
Tampa, FL 33613
Judith
Dzadek
Bay Medical
Center
615 N. Bonita
Avenue
Panama City,
Florida
32401
Dr. Samir Ebid

2202 State
Avenue
Suite
#302
Panama City,
Florida
32405
Cassie
Elliott,
RN
Bay Medical
Center
615 N. Bonita
Avenue
Panama City,
Florida
32401
Carolyn
Floyd
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
10
Paul Green
Emerald
Bay Academy
1515 June .Avenue
Panama City,
Florida
Frank
Guerrero
6704 Olokee
Street
Panama City,
Florida
Natalie
Hager
722 Joan Avenue
Panama City,
Florida
Bo Hall
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
Heather
Hart
450 East
llili
Panama City,
Street
Florida
Karen Harvell
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
32405
32404
32404
32504
32401
Examiner's
Office
32504
Dr. David Hathaway

Honeywell
NASA Marshall
Space
Post Office
Box 240011
Huntsville,
Alabama
35824
Flight
Officer
Oscar
Harrington
Bay Regional
Juvenile
Detention
4529 East Business
Highway
98
Panama City,
Florida
32404
Carol
Hawthorne
American
Medical
4914 W. Knox
Tampa, FL 33634
Center
Response
Judy Haynes
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahasiee,
Florida
32399-3100
Cpl.
Terrance
Henderson
Bay Regional
Juvenile
Detention
2744 Ravenwood
Court
Lynn Haven,
Florida
32444
Tamika Herbert
Bay Regional
Juvenile
2531 Johnson
Drive
Lynn Haven,
Florida
Center
Detention
Center
32444
11
Center
Sharon
Holler
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Christopher
Hood
Honeywell
NASA Marshall
Space
Post
Office
Box 240011
Huntsville,
Alabama
35824
Diane Houser
Bay Medical
Center
615 N. Bonita
Avenue
Panama City,
Florida
Flight
32401
Cpl.
Eddie Mae Hubbard
Bay Regional
Juvenile
Detention
810 Harrb
Avenue
Panama City,
Florida
32401
Monica
Hudlow,
RN
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
Chuck Jeter,
RN
AIRHeart
Regional
#37 Sheriff
Drive
Santa
Rosa Beach,
Center
32504
Air
Ambulance
FL 32459
Joyce
Johnson
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahassee,
Florida
32399-3100
Gina Jones
c/o Benjamin
Crump,
Esq.
& Crump
Parks
240 N. Magnolia
Drive
Tallahassee,
FL 32301
Cpt.
Lloyd Jones
Martin
County
Sheriff's
800 SE Monterey
Road
Stuart,
Florida
34994
Cpl.
Sylvester
Jones
Bay Regional
Juvenile
9ili Street
1410 East
Panama City,
Florida
Melinda
Ramsden
Germany
Keiffer
Air Force
Office
Detention
Center
32401
Base
12
Center
Lt. Kimberly
Klein
Pinellas
County
Sheriff's
Office
14400 49lli Street
N
Clearwater,
Florida
33762
Richard
Kline
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahassee,
Florida
32399-3100
Sgt.
Richard
Bay Regional
lllli
450 East
Panama City,
Koester
Detention
Street
Florida
Jeff
Martin
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
Steve
J. Martin
8513 Adirondack
Austin,
Texas
Center
32401
Examiner's
Office
32504
Trail
78759
Richard
L. McAlister
1940 Sherman
Avenue
Panama City,
Florida
#410
32405
Herman McBride
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#200
Tallahassee,
Florida
32399-3100
Janie
McGeorge
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Don McKay
Bay Regional
450 East
lllli
Panama City,
Detention
Street
Florida
Center
32401
Sheriff
Frank McKeithen
Bay County
Sheriff's
Office
3421 N. Hwy. 77
Panama City,
Florida
32405
Linda
Milton
Records
Custodian
Sacred
Heart
Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
13
Dr. Andrea
District
1
5151 N. 9th
Pensacola,
Minyard
Medical
Avenue
Florida
Examiner's
Office
32504
Delores
Nelson
Bay Medical
Center
615 North
Bonita
Avenue
Panama City,
Florida
32401
Cpl.
Raymond O'Brien
Bay Regional
Juvenile
Detention
6939 Roadrunner
Road
Youngstown,
Florida
32466
Sgt.
George
Bay Regional
8911 Summer
Panama City,
Pridgen
Juvenile
Circle
Florida
Center
Detention
Center
32404
Felicia
Reed
Bay Medical
Center
615 North
Bonita
Avenue
Panama City,
Florida
32401
Sgt.
Earl
Rouhlac
Bay Regional
Juvenile
3922 Trina
Way
Panama City,
Florida
Detention
Center
32401
Debra Sasser
Department
of Juvenile
105 Black
Shear
Drive
Panama City,
Florida
32401
Terry
Sasser
Panama City,
Florida
32405
Justice
Anthony
Schembri,
Secretary
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Carla
Seaborn
Bay Medical
Center
615 N. Bonita
Avenue
Panama City,
Florida
Lt. Robert
Shirley
Bay Regional
Detention
llili Street
450 East
Panama City,
Florida
32401
Center
32401
14
Ronald
7730
K. Slocum
s. Mccann Road
Southport,
Florida
Jeffrey
Steiber
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
32409
Examiner's
Office
32504
Lorene Thomas
Department
of Juvenile
Justice
32401
Allison
Turner
Custodian
of Records
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. Patricia
Turner
5151 N. 9th Avenue
Pensacola,
Florida
32504
Shelley
Vogt
5151 N. 9th Avenue
Pensacola,
Florida
32504
Lisa ward
Bay Medical Center
32401
Ms. Pasha Waters
Bay Regional
Detention
Panama City,
Florida
Center
32401
Kelsey Welsh
14 Medical
Examiner's
District
3737 Franklin
Avenue
32405
Panama City,
Florida
Dr.
Wolf
Drive
Myers, Florida
Office
Barbara
70 Danley
Ft.
33907
Casteldera
A. White
2905-U Minnesota
Avenue
Lynn Haven, Florida
32444
Terrance
Winters
Everett
Middle School
608 School Avenue
32401
15
\
Lt. Joseph
Wright
Bay Regional
Juvenile
Lynn Haven,
Florida
Margaret
Yon
6515 Smith Road
Panama City,
Florida
Jonathan
Bouchard
2625 Taylor
Road Apt.
Panama City,
Florida
Detention
Apt.
#91
32444
Center
32404
C
32401
16
Category
F .R.CR.P.:
pursuant
C Witnesses
to
Rule
3.220
(b) (1) (A) (iii),
Eber Brown
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Steve Bushore
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight
Bldg.
Suite
#206
Tallahassee,
Florida
32399-3100
Christopher
Crews
23534 N.W. Lamont
Fountain,
Florida
Road
32438
Nancy Guyott,
RN
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
Benjamin
Logue
2908 Canal Drive
Panama City,
Florida
Stephen
A. Master
1439 2nd Street
Southport,
Florida
2.
State's
counsel
A)
B)
Below
is
possession
to
inspect,
Pursuant
Procedure,
compliance
Procedure.
32405
32409
a list
of
or
control
copy,
test
the
information
which
will
and
be
material
produced
for
the
defense
and photograph:
Florida
Rules
Rule
3 .220 (b) (1) (B),
by persons
whose
names
are
Statements
3 .220 (b) (1) (i),
Florida
Rules
with
Rule
to
YES.
See Discovery
Pursuant
to
Rule
Procedure,
written,
within
of
Criminal
furnished
in
of Criminal
Documents
numbered
1 through
24,224.
3.220(b)(l)(C},
Florida
Rules
of
recorded
and/or
oral statements
of the
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A".
17
Criminal
accused.
of force
reports,
interviews.
Also
see
C)
Pursuant
Procedure,
defendants.
to
Rule
written
3 .220 (b) (1) (D),

recorded
and/or
Florida
Rules
oral
statements
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A".
D)
Pursuant
Procedure,
accused.
to
Rule
recorded
of
of
Criminal
the
co-
of force
reports,
interviews.
Also
Florida
Rules
of
3. 220 (b) (1) (E),
Grand Jury minutes
containing
testimony
see
Criminal
of the
NONE.
E)
Pursuant
to
Rule
Procedure,
tangible
the accused.
3. 220 (b) (1) (F),

papers
or objects
Florida
obtained
Rules
of
Criminal
from or belonging
to
Florida
provided
Rules
by a
NONE.
F)
Pursuant
Procedure,
informant.
to
Rule
material
3. 220 (b) (1) (G),

or
information
of
Criminal
confidential
NONE.
G)
Pursuant
to
Rule
3. 220 (b) (1) (H),
Florida
Procedure,
electronic
surveillance,
pursuant
Florida
Statutes,
of the premises
of which the
and documents
relating
thereto.
Rules
to
accused
of
Criminal
Chapter
934,
was a party,
NO.
H)
Pursuant
Procedure,
documents
to
Rule
3.220(b)(l)(I),
whether
there
has been
relating
thereto.
Florida
any search
Rules
of
or seizure
Criminal
and any
NONE.
I)
Pursuant
Procedure,
physical
experiments
to
Rule
3. 220 (b) (1) (J),
reports
or statements
by
or
mental
examinations
or comparisons.
Florida
Rules
of
Criminal
experts,
including
results
of
and
of
scientific
tests,
YES.
See reports
of Dr. Charles
Siebert,
Dr. Vernard
Adams, Dr.
John Downs (CV and Report),
Dr. Wayne Duer,
and Dr. Bruce Goldberger,
and Steve Martin
(CV
and Report).
by Dr. Charles
Siebert
and Dr. Barbara
Wolf.
18
J)
Pursuant
Procedure,
or trial
to
Rule
tangible
which were
3.220(b)
(1) (K),
papers
or objects
not obtained
from
Florida
Rules
of
Criminal
intended
for use at hearing
or belonged
to the accused.
YES.
Videotape
of orientation
from Bay Boot Camp.
Video
Flight
and
of incident
enhanced
Center
(3 enhanced
incident
interviews
of
defendants.
Recorded
interviews
of
witnesses
of
Bay Boot
Camp Use of
PAR reports
Recording
Video
recorded
written
of
from
5,
2006,
at Honeywell
NASA Marshall
videos
on DVD).
Recorded
Transcripts
January
(see
collected
Space
reports).
interviews.
Force
Log.
by defendants.
911 Call.
Bay Regional
Detention
Center
January
5,
2006.
Still
image of Martin
Anderson
from
video
January
5, 2006.
(Identification
Anderson).
Bay Regional
made and
Detention
Center
signed
by Robert
Still
image of Martin
Anderson
from
video
January
5, 2006.
(Identification
Jones).
Bay Regional
made and
Detention
Center
signed
by Gina
Photographs
Ammonia
of
Bay Boot
Inhalant
Box
Paper
towels
and
Detention
Center
Videotapes
(prior
to
Camp.
seroquel
of physical
January
5,
pills
collected
assessments,
2006),
collected
Policies,
including
BCSO Use of
CJSTC Standards,
and PAR Policy.
Medical
from
orientation
and training
from Bay County Boot
Force
Policy,
Records.
X-Rays.
Photographs
Autopsy
of
Martin
Anderson
at
photographs.
19
Bay Regional
hospital.
Behavioral
Camp.
Matrix,
Audio recordings
hearings
February
of Criminal
15, 2006,
Justice
February

(Documents
on CD-ROM)
3.
Pursuant
Procedure,
the
possession
to
the
or
in
for
or
specifically
5.
defense
to
time
the
of
witnesses
of
7.
in
State
the
the
the
Discovery
defense.
photograph
(iii)
of
Criminal
the
State's
the
accused
as
of
Florida
expects
whom
hearing
list
Rule
of
Florida
(i)-{iii)
In addition
to
have
Discovery
the
been
Florida
case
this
by the
and
and
Florida
not
and
permit
material
Rules
of
and
within
of
of
Criminal
the
names
and
call
as
to
seven
days
after
Florida.
Rules
disclosure
of
3.220(d)
of
of
Florida
within
of
Criminal
the
items
fifteen
days
set
after
Florida.
be advised
20
if
Florida
expects
State
(2),
State
are
of
Rules
list
of
numbered
documents
to
request
even
counsel
pursuant
counsel
above,
your
information
a written
expects
by the
State
defense
(1),
Rule
to
(xi).
3.220(d)
of
contained
response
defense
furnished
to
pursuant
all
through
Siebert.
information
the
to
control
3.220(d)
disclosure
documents
to
and
and
any
this
convenient
Rule
State
in
test
witnesses
subsections
8.
of
Charles
you
included
disclose
or
that
to
will
trial
corresponding
be
to
witness
by Dr.
provided
to
3.220{b)
Pursuant
Procedure,
within
guilt
2006.
QA Reports
Rules
is
the
be advised
possession
all
at
receipt
and
Florida
negate
State
copy,
Pursuant
addresses
to
statement
mutually
the
Procedure
Procedure,
the
above.
State's
6.
the
noted
inspect,
Criminal
forth
sworn
materials
deemed
At
the
(2),
information
tends
please
is
counsel,
within
and
other
discovery
him
report
In addition,
reports
3.220(b)
material
which
Correspondence
Committee
March 17,
charged:
See
4.
Rule
following
control
offense
YES.
to
DJJ
Appropriation
23, 2006 and
are
numbered
of
the
following:
available
1 through
for
copying
24,224.
by
The
following
documents
607
1256,
available
are
by
Use of
Reports,
Force
DJJ
numbered.
reports,
testify.
police
(See
and
use
and
has
been
for
Charles
Florida
furnished
Avenue,
Joseph
Florida
at
Walsh
32401,
via
II,
at
U.S.
of
interviews,
reports,
statements.
CD-ROM have
see
sworn
law
witnesses
Boot
Camp
not
been
enforcement
statements,
"A".
Attachment
the
All
may
Deputy
attorney
Florida
on this
foregoing
4th Street,
be
Avenue,
12th
Notice
Public
P.O.
and
witnesses
called
of
to
Defender,
Box 580,
and
P.O.
attorney
Panama
City,
, at
Robert
Pell,
Box 651,
day of January,
Respectfully
attorney
Panama
2007.
submitted,
MARK A. OBER
STATE ATTORNEY
ASSISTANT STATE ATTORNEY

21
Discovery
for
32401;
514 Magnolia
mail
reports,
Smith,
Dingus,
City,
of
documents).
115 East
Jonathan
Panama
B.
on
are
1 through
SAO investigator
sworn
additional
a copy
Walter
Enfinger,
32402-0580;
527 Jenks
for
to
documents
documents
accused,
force
and discovery
the
see
other
in
QA reports
Also
report
reports
of
Documents
transcripts
and
of
review:
All
Reports,
records,
listed.
camera
reports,
statements
and
in
Included
Office
correspondence
witnesses
in
autopsy
medical
PAR reports
interview
defense.
Sheriff's
Regarding
for
17273-17431.
the
FDLE reports,
County
listed
and
copying
Hillsborough
contracts,
be submitted
3789-4443,
for
24,224
will
City,
ATTACHMENT "A"
Regarding
PAR reports,
and
statements
use
interview
of
of
force
witnesses
the
accused,
see
sworn
statements,
reports,
listed.
Also,
refer
law
to
enforcement
recorded
the
following
reports,
interviews,
discovery
documents:
Sgt.
Henry
Dickens
98-113
DI Charles
by Robert
Hall.
Interview
by Robert
Hall.
by Robert
Hall.
Enfinger
63-77
Sgt.
Interview
Patrick
Garrett
133-146
Interview
4551-4554
PAR Report.
5850-5852
PAR Report.
Sgt.
Major
Raymond Hauck
38-39
Statements
made
Mark Walton.
114-126
Interview
4558-4560
Information
Report.
4567a-4568a
Information
Report.
4633a
CCC Daily
Report.
4635a-4637a
Inspector
General's
Incident
Report
Form.
4817-4819
Inspector
General's
Incident
Report
Form.
12797-12798
Information
16696-16700
DJJ
22717-227
22253-22254
40
to
Robert
by Robert
Hall.
Hall,
Bethany
Harris
and
Report.
Incident/Complaint
Forms.
Sworn statement
by Capt.
explaining
incident
while
Sworn statement
explaining
use
Jim Stanford
regarding
viewing
video.
by Mark Walton
regarding
Hauck
of ammonia on Martin
Anderson.
22
Hauck
22332;
22339
23107-23109
Sworn statement
by Capt.
notifying
him of use of
Sworn statement
by Chantelle
information
stated
by Sgt.
hotline
reporting
incident
DI Ray McFadden
Interview
78-97
Nurse
Kristen
Thompson
force
and
by Robert
Hall.
Sclunidt
157-178
Interview
by Robert
Hall.
413-416
Interview
by Robert
Hall.
417-421
Interview
by Robert
Hall.
4542-4547
Nurse's
notes.
4569a-4574a
Nurse's
notes.
23
regarding
collapse.
Hauck
Dishman regarding
Major Hauck on call
with Martin
Anderson.
to
DJJ
13216-13218
Interview
22366-22369
Sworn statement
by Captain
questioning
Schmidt
about
boot camp.
23510-23530
Cpl.
Joseph
by Bay County
Sworn statement
interview
with
by Dr.
Schmidt.
Sheriff's
42-62
Interview
by Robert
392-399
Interview
by Matt
4549
PAR Report
4555-4557
Information
4657-4659
PAR Report.
4564a-4566a
Information
4821
PAR Report
5848-5849
PAR Report.
(page
Hall.
Herring.
2 of
2).
1 of
2).
Report.
Report.
(page
24
Thompson regarding
the use of ammonia
Shairi
Walsh
Office.
Turner
regarding
at
the
phone

FILED
lDulJANI b A 11:51.J
STATE OF FLORIDA
CASE NO.:
vs.
06-4016CB'MWLO /L~ZZ'!
Cl.ERK OF Cli1CUIf co1.rnr
BAYCOUNTY. Fl iii\ IO,\
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARRETT
RAYMONDHAUCK
CHARLES HELMS, JR.
HENRY MCFADDEN, JR.
KRISTIN SCHMIDT
JOSEPH WAL$H II
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFME
06-4016CFMF
06-4016CFMG
06-4016CFMH
AMENDEDDISCOVERY
THE STATE OF
written
Request
for
Criminal
Procedure,
previously
provided
Please
documents
are
not
Discovery,
in
will
available
the
this
to
furnished
Avenue,
P.O.
the
attached
copying
attorney
for
32402;
Avenue,
Schmidt,
32402;
Enfinger,
James
Patrick
until
City,
436
Walter
B.
at
115
McKenzie
East
of the
City,
3.220
counsel's
Florida
Rules
of
to
discovery
(2
of
discovery
at
P.O.
32401;
.;venue,
Deputy
4th
Street,
for
Jim
P.O.
Public
P.O.
pages)
review.
by the
These
documents
court.
foregoing
Amended Discovery
for
Dickens,
Henry
Florida
attorney
Florida
Smith,
defense
amendment
camera
attorney
Panama
Jr.,
in
approved
a copy
Garrett,
H. White,
Panama
at
1103,
Rule
list
for
to Hoot Crawford,
Box
to
to
case:

been
response
following
be submitted
for
in
pursuant
files
refer
that
FLORIDA,
Box
32402;
430,
Robert
Panama
Raymond Hauck,
at
attorney
Box
Panama
Defender,
Box
580,
attorney
Panama
748 Jenks
Sombathy,
City,
Appleman,
880,
at
has
Florida
229 McKenzie
for
City,
for
City,
Kristin
Florida
Charles
Florida

FILED
lDulJANI b A 11:51.J
STATE OF FLORIDA
CASE NO.:
vs.
06-4016CB'MWLO /L~ZZ'!
Cl.ERK OF Cli1CUIf co1.rnr
BAYCOUNTY. Fl iii\ IO,\
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARRETT
RAYMONDHAUCK
CHARLES HELMS, JR.
HENRY MCFADDEN, JR.
KRISTIN SCHMIDT
JOSEPH WAL$H II
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFME
06-4016CFMF
06-4016CFMG
06-4016CFMH
AMENDEDDISCOVERY
THE STATE OF
written
Request
for
Criminal
Procedure,
previously
provided
Please
documents
are
not
Discovery,
in
will
available
the
this
to
furnished
Avenue,
P.O.
the
attached
copying
attorney
for
32402;
Avenue,
Schmidt,
32402;
Enfinger,
James
Patrick
until
City,
436
Walter
B.
at
115
McKenzie
East
of the
City,
3.220
counsel's
Florida
Rules
of
to
discovery
(2
of
discovery
at
P.O.
32401;
.;venue,
Deputy
4th
Street,
for
Jim
P.O.
Public
P.O.
pages)
review.
by the
These
documents
court.
foregoing
Amended Discovery
for
Dickens,
Henry
Florida
attorney
Florida
Smith,
defense
amendment
camera
attorney
Panama
Jr.,
in
approved
a copy
Garrett,
H. White,
Panama
at
1103,
Rule
list
for
to Hoot Crawford,
Box
to
to
case:

been
response
following
be submitted
for
in
pursuant
files
refer
that
FLORIDA,
Box
32402;
430,
Robert
Panama
Raymond Hauck,
at
attorney
Box
Panama
Defender,
Box
580,
attorney
Panama
748 Jenks
Sombathy,
City,
Appleman,
880,
at
has
Florida
229 McKenzie
for
City,
for
City,
Kristin
Florida
Charles
Florida
F I L ED

2001JANI b A ll: Sb
STATE OF FLORIDA
06-40Jl-WFOU' 1 [3:\nFt.
CLERKOF Cli,CU!\ COUHT
BAY COUNTY.Fl mrn1:,
CASE NO.:
vs.
....
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
AMENDEDDISCOVERY
THE STATE OF
written
Request
for
Criminal
Procedure,
previously
provided
Discovery
Please
note
Omitted
145,
1594,
11426,
the
in this
1756,
13838,
Page
have
been
regarding
are
2181A,
4560A-4659A,
8072A,
10530A,
12835A,
17373A,
18982A,
20376A,
defense
3.220
counsel's
Florida
amendment
page
to
Rules
of
discovery
for
numbers
2920A,
12982A,
23916A.
these
10504,
16158-16177,
10685A,
12981A,
from
through
24,224.
numbering:
9100-9999,
2458A,
20486A,
numbered
the
(Duplicated
1555A,
12728A,
to
Rule
no documents
2067,
1230A-1299A,
12546A,
to
following
14901-14999,
Numbers
response
case:
(There
1813,
in
pursuant
files
following
Numbers
11771,
Duplicated
Discovery,
documents
the
Page
FLORIDA,
page
10890-10899,
18008,
11903A,
15735A,
10987,
21727.
differentiated
3336A,
numbers):
by "A"):
3337A,
12147A,
15738A,
3890A-3899A,
12150A,
17200A
12200A,
17274A,
F I L ED

2001JANI b A ll: Sb
STATE OF FLORIDA
vs.
06-40Jl-WFOU' 1 [3:\nFt.
CLERKOF Cli,CU!\ COUHT
BAY COUNTY.Fl mrn1:,
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARRETT
RAYMONDHAUCK
CHARLES HELMS, JR.
HENRY MCFADDEN, JR.
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFME
06-4016CFMF
06-4016CFMG
06-4016CFMH
CASE NO.:
AMENDEDDISCOVERY
THE STATE OF
written
Request
for
Criminal
Procedure,
previously
provided
Discovery
Please
note
Omitted
145,
1594,
11426,
the
in this
1756,
13838,
Page
have
been
regarding
are
2181A,
4560A-4659A,
8072A,
10530A,
12835A,
17373A,
18982A,
20376A,
defense
3.220
counsel's
Florida
amendment
page
to
Rules
of
discovery
for
numbers
2920A,
12982A,
23916A.
these
10504,
16158-16177,
10685A,
12981A,
from
through
24,224.
numbering:
9100-9999,
2458A,
20486A,
numbered
the
(Duplicated
1555A,
12728A,
to
Rule
no documents
2067,
1230A-1299A,
12546A,
to
following
14901-14999,
Numbers
response
case:
(There
1813,
in
pursuant
files
following
Numbers
11771,
Duplicated
Discovery,
documents
the
Page
FLORIDA,
page
10890-10899,
18008,
11903A,
15735A,
10987,
21727.
by "A"):
differentiated
3336A,
numbers):
3337A,
12147A,
15738A,
3890A-3899A,
12150A,
17200A
12200A,
17274A,
32402-0580;
Jenks
Joseph
Florida
Jonathan
Avenue,
Walsh
32401,
Dingus,
Panama
II,
via
attorney
City,
Florida
514
Magnolia
at
U.S.
mail
on this
for
32401;
Avenue,
12th
at
and
Robert
P.O.
Box
day of January,
Respectfully
Pell,
attorney
651,
Panama
2007.
submitted,
MARK A. OBER
C. SINACORE
527
for
City,
Could Not Access Image

Error: Page Not Found
Added
Pages
letter
to
(Documents
place
them
given
in
duplicate
sequence
numbers
with
other
and
differentiated
by
documents):
621A,658A,659A,661A,674A,684A,685A,686A,710A,767A,768A,770A,1918A,
2061A,
4596A,
4597A,
4598A,
10537A,
10682A,
10686A,
11245A,
12045A,
12140A,
19328A,
19323A,
19329A,
11063A,
19330A,
furnished
Avenue,
P.O.
attorney
for
32402;
James
Avenue,
at
Florida
436
115
Walsh
32401,
Smith,
via
at
514
Magnolia
mail
Dickens,
Henry
32402;
430,
Raymond
Jim
Appleman,
Box
Public
on this
for
for
P.O.
for
32401;
and
Avenue,
12th
day
for
Panama
City,
McFadden,
Box
of
January,
McKenzie
City,
attorney
P.O.
Respectfully
229
Florida
for
Panama
Robert
748 Jenks
City,
at
has
Sombathy,
attorney
580,
Henry
Robert
Hauck,
880,
Box
Discovery
at
Panama
Defender,
attorney
Florida
U.S.
19218aa-19218zz,
Amended
Box
P.O.
Street,
City,
at
10536A-
11233A-11235A,
foregoing
Florida
P.O.
32401;
Deputy
Dingus,
Panama
the
City,
Avenue,
4th
East
of
attorney
McKenzie
11123A,
19218a-19218m,
attorney
Panama
Florida
Jonathan
II,
a copy
Jr.,
10528A,
19406A.
Garrett,
City,
at
Avenue,
1103,
White,
B.
32402-0580;
Joseph
H.
12292A,
Crawford,
Patrick
Walter
Enfinger,
Jenks
Hoot
Box
Panama
Schmidt,
32402;
to
10526A,
11098A-11099A,
12260A,

been
10434A-10435A,
Jr.,
Pell,
attorney
651,
Panama
2007.
submitted,
MARK A. OBER
STATE ATTORNEY
C. SINACORE
Kristin
Florida
Charles
Florida
at
527
for
City,
Added
Pages
letter
to
(Documents
place
them
given
in
duplicate
sequence
numbers
with
other
and
differentiated
by
documents):
621A,658A,659A,661A,674A,684A,685A,686A,710A,767A,768A,770A,1918A,
2061A,
4596A,
4597A,
4598A,
10537A,
10682A,
10686A,
11245A,
12045A,
12140A,
19328A,
19323A,
19329A,
11063A,
19330A,
furnished
Avenue,
P.O.
attorney
for
32402;
James
Avenue,
at
Florida
436
115
Walsh
32401,
Smith,
via
at
514
Magnolia
mail
Dickens,
Henry
32402;
430,
Raymond
Jim
Appleman,
Box
Public
on this
for
for
P.O.
for
32401;
and
Avenue,
12th
day
for
Panama
City,
McFadden,
Box
of
January,
McKenzie
City,
attorney
P.O.
Respectfully
229
Florida
for
Panama
Robert
748 Jenks
City,
at
has
Sombathy,
attorney
580,
Henry
Robert
Hauck,
880,
Box
Discovery
at
Panama
Defender,
attorney
Florida
U.S.
19218aa-19218zz,
Amended
Box
P.O.
Street,
City,
at
10536A-
11233A-11235A,
foregoing
Florida
P.O.
32401;
Deputy
Dingus,
Panama
the
City,
Avenue,
4th
East
of
attorney
McKenzie
11123A,
19218a-19218m,
attorney
Panama
Florida
Jonathan
II,
a copy
Jr.,
10528A,
19406A.
Garrett,
City,
at
Avenue,
1103,
White,
B.
32402-0580;
Joseph
H.
12292A,
Crawford,
Patrick
Walter
Enfinger,
Jenks
Hoot
Box
Panama
Schmidt,
32402;
to
10526A,
11098A-11099A,
12260A,

been
10434A-10435A,
Jr.,
Pell,
attorney
651,
Panama
2007.
submitted,
MARK A. OBER
STATE ATTORNEY
C. SINACORE
Kristin
Florida
Charles
Florida
at
527
for
City,
DISCOVERY DOCUMENTS FOR IN CAMERA REVIEW

Page
Description
607-1256
School Records for Martin Anderson
1264-1267
Commitment Order
1268-1270
DJJ Authority for Treatment
1273-1276
DJJ Substance Abuse & Mental Health Screening
1281-1286
DJJ Risk Assessment Evaluation
1291-1294
DJJ Delinquency History
1295-1299
DJJ Pre-Disposition Report
1230A-1232A
DJJ Authority for Evaluation & Treatment
1233A-1246A
DJJ Comprehensive Physical Assessment
1247A-1248A
DJJ Jimmy Ryce Act Screening
1249A-1251A
1252A-1256A
DJJ Suicide Risk Screening Instrument
1257A-1266A
DJJ Comprehensive Evaluation
1267A-1276A
Student Incident and Misconduct Records
1282A-1285A
Commitment Order
1286A-1288A
Commitment Summary
1289A-1290A
Victim Notification
1291A
DJJ Physical Evaluation & Needs Assessment
1292A-1295A
DJJ Facility Entry Physical Health Screening
3789-4443
DJJ Records for Martin Anderson
4444-4471

Page
Description
607-1256
1264-1267
Commitment Order
1268-1270
1273-1276
1281-1286
1291-1294
1295-1299
1230A-1232A
1233A-1246A
1247A-1248A
1249A-1251A
1252A-1256A
1257A-1266A
1267A-1276A
1282A-1285A
Commitment Order
1286A-1288A
Commitment Summary
1289A-1290A
Victim Notification
1291A
1292A-1295A
3789-4443
4444-4471
4588A-4619A
Medication Records for juvenile B.C.
4638A
DJJ Face Sheet for Anderson
4639A-4659A
DJJ Detention Center Shift Reports
4660-4672
4680-4682
DJJ Mental Health Screening for Anderson
4711-4768
DJJ Health & Physical Assessment Records for other juveniles
4769-4816
DJJ Interview Forms for other juveniles
4827-4829
DJJ Resource Census Reports
4857-4859
4680-4682
Mental Health Screening
4906-4912
4942-4948
5487-5490
DJJ Resource Census Report
17273-17431
Department of Children and Families Records
18000-18010
18021-18030
19236-19239
19240-1924 8
DJJ Health History
19311-19314
19315-19321
DJJ Health Related History
22984-23018
Sworn Statement of juvenile P.O. Mary Elizabeth Carr
23412-23480
Sworn Statement of juvenile P.O Lorene Thomas
23633-23636
FDLE Profile with Delinquency History for Martin Anderson
4588A-4619A
4638A
4639A-4659A
4660-4672
4680-4682
4711-4768
4769-4816
4827-4829
4857-4859
4680-4682
4906-4912
4942-4948
5487-5490
17273-17431
18000-18010
18021-18030
19236-19239
19240-1924 8
DJJ Health History
19311-19314
19315-19321
22984-23018
23412-23480
23633-23636
Jan
10 200?
2:54PM
HP LASERJET
p.4
FAX
CIRCUIT COURT. FOURTEEN'l'H JUDICIAi., CIRCUlT OF THE STA

FLORIDA,IN ANDFORBAY COUNTY
IN TB
f.:.
Y,ED
2001
JANI 8 P 4: 38
STATE OF .FLORIDA,
Plaintifi',
HAROLD8,'\ZZEt
CLERKOF CIRCUITCOURT
CaH .No.:o,-40J.6 C~
Y COUN1 Y. Fl.0r~ID,'\
v.
Judge Overstreet
KRISTINANNESCHMIDT.
Defendant.
ORUB GMNJINGMOTION
TOMQJWl' BOND
ModifyBond the Court havina reviewedthe motion,file and being otherwisefully informed,it is
hereby,
ORDERED AND ADJUDGED that the:Motion to Modify Bond is GRANTED.
Defendant shall be llowed to h'vel outlide of Bay County fc.r purpeses of 1neetiag
with Attorney David Fu1ett in Pensacola, Florida to dbcus.t the civilmatten pertaining to the
c111lbted lbOYO,1)$ ... lllt
oR
Ille l,e ollowtd IO ltllffl
WlndwDflhy euaal) tu .........
fintneil maatteas pe, tll:bdo1 tr, lier daaghte1 '1 selleeliRt Dela11daatii racplAd to pnt?Jde
tratliae .a1tes,iaeludlhl dlpif1Utt ind PENN, to 11requl, eelp11ties in timefymanner.
DONEAND ORDERED in Chambers,Bay C
JX.dayof J'anuary,2007.
this
MICHAEL C. OVERSTREET
CDlCUCT
Jt1D<J2
Cop/flfll.
Jl111Al,I- "~
Milll
llf.
s,,._,,,,
Clv&11 Cutifjcatcpl Service
I herebycertify chata true copyof the foregoingwaJUH'fflrtdtinN

U.S. Mail on this ..L::i_day of January.2007.

STATE OF FLORIDA,
Plaintiff,

Judge Overstreet
V.

Defendant.
VERIFIED MOTION TO WITHDRAW
COMES NOW, the undersigned attorney on behalf of the firm APPLEMAN& SHEPARD,LAW
OFFICES, P.A., and moves to withdraw in the cases of State v. Kristin Anne Schmidt and as grounds
therefore state:
-4.
Cl
UJ
_J
LL
De!!>~~t
was unable to fulfill the obligations of her ~~;t
~!!
a3~:..:
M
N
~u~
zc:C
with undersis:ed
;~y/
$:.~~
KRISTIN ANNE SCHMIDT
ow..:::i
n::oO
--,
<:x:u
:I:a::>-
STA'I,!OF FttiitmA
u
COUNTY OF BAY
BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and administer
oaths, personally appeared, KRISTIN ANNE SHCMIDT, who is personally known to me and who
acknowledges that she is the individual named herein, that she has read the foregoing, knows the contents
thereof, and has executed the same for the purposes therein intended.
SWORN TO AND SUBSCRIBED before me this ~lay
of January, 2007.
~l'Ulklc'
Sm.,LeslleA. Earley
C~SSlon# 00437278
~'f!'!',:nt
5, 2009
-~---1'0!
I lfArla,l'I.OMM
Leslief-\.&Jtl~
Printed Name
I HEREBY CERTIFY that a copy hereof has been furnished by Facsimile to the Office of the State
Attorney, (850) 872-4680 and sent via U.S. Mail to Defendant, on
th.,2j~f
January, 2007.
APPLEMAN & SHEP ARD, LAW OFFICES, P.A.
---n6
cc:
Judge Overitreet
McKenzie Avenue
P.O. Box 880
Telephone: (850) 230-5550

FLORIDA, IN AND FOR BAY COUNTY, FLORfPrLE
STATE OF FLORIDA,
Plaintiff,
lUOlJ~N2'o P \: 28
Case# 06-4016 CFIMGJLf1 "'
7..TZECLOURT
! [f.:\ OF
fl\
d
Ju ge OverstreetfJAYCOUr,Ii'. r LORIOA
v.
Defendant.
ORDER GRANTING VERIFIED MOTION TO WITHDRAW

THIS CAUSE, having come before this Honorable Court upon Defendant's Verified Motion
to Withdraw, the Court having reviewed the motion, file and being otherwise fully informed it is
hereby:
ORDERED and ADJUDGED that the Verified Motion to Withdraw is GRANTED and
... Adt'l"'-/4,ff,
>JltPt
/vt>l}rrt'llt7
c.vjovA>117i
/(11;rshall be appointed to represent Defendant in the above referenced
case.
DONE and ORDERED in Chambers, Bay County Courthouse, Panama City, Florida, on
day of
this l,,r;_
cc:
::fit>J , 2007.
Jim Appleman, Esq.
CIRCUIT JUDGE
CLERK'S CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was provided to Michael Sinacore, The
Office of the State Attorney, 800 E. Kennedy Blvd., Tampa, FL 33602; Jim Appleman, Esq., 436
McKenzie Avenue, P.O. Box 880, Panama City, FL 32402-0880, and Kristin Schmidt 2329 Joan
Avenue, Panama City Beach, Florida, 32408 by U.S. Mail on this /2/i:J day of ja.l).
,
2007.
~'tr&,,7J
l!...-:J.
INTHE"CIRCUITJCOUNl'YCOURTqFTHE
JUDICIAL
CIRCUIT
~ !>IANDFOR
COUNTY,FLORIDA-...,,,/
,TATEOF FLORJ~A vs.
CASENO.
__
Qif- 7'6I/ (/ /lJ-6--
lefendan~lnor Child
APPLICATION
FORCRIMINAL
INOIGENt
STATUS
~ I;~
2--
SEEKING
THEAPPOINTMENT
OFTHEPUBLICDEFENDER
.
.
OR
.
I HAVEA PANATEAtTORNEY
ORAMSELF-REPRESENTEI'.>
OFINDIGENCE
STATUS
FORCOSTS
Noticeto Applicant Theprovision

of a publicdefender/court
appointed
lawyerandcoslsldue
p!OCeS$
selVlcl3s
areriotfree.AJudgment
andDenrnbybeImposed
agaln$l
al realo, personlll
property
youownto peyforlegalandol}lerservices
p~d
onyoutbehalforonbehalfofihaparsonforwhomyouaremaking
thisappllcallon.
Thereis a $40.00
feeforeachaJlllBcation
filed.
If the appllcatlol'l
fee Isnotpaidlo the ClerkoflheCourtwllhb'I
7 days,.
II willbe added
toanyco$ls!hatmaybe assessed
against
youattheooncluslon
ofthiscase.If youaree parenVguan:llan
makingthisallidaVitonbehalfoi a milorortat-dependent
adult,thelnfonnallon
contained
Inthisappni:ation
mustInclude.your
il'lcome
andassets.
1. I havei__depende!'Jts. (DonotincJudB
chiklren
notlivingathornsanddonotInclude
a wcddng_
spouse.
orywrseH.)
2. I havea ~ke homelnceme

of5
paJd() weeldy() bf..w~ekly
( ) serrif..01D0thly
() monffily
() y&~ify
--=--=-(TakehomelncQine
equals
salary,wages,
bonuses,
commissions,
allowances,
ovel1fme;
UpsandslmllaF.
payments,
minusdeductions
required
bylawandothercourtordered
supportpayments)
3. I haveothe_
r lricom~P.akl
(>_weekly
() bl-weekly
( ) seml-r:nonlhly
() rnonthly
()
rly: (Cfrc:le
"Yet'~nrJlillIntheamount
H~ havethiskindof ~e, othelWise
cl~ "No,
SotjalSaC!,lrily
benefits
...........r ..- Yes $ .
.
. Vetellihs'behefit.
.....................,_ Yes $
@
UnemploYJllBnt
compensallon.u~,'ll.l:OC.
Yes $ ,z,,
ee ('.
ChiJ'1
supportorolherregularsupport
UnionFunds
..:..................................
Yes $
. fromfamllymelnber&'spouse
......... Yes $
@
_ wo~rsco~:F
..~-.Yes-$:
.
Renlallncome
........:'.:....................Yes$ .
.
. 8Dlire1WJ1~~
......1:;,_,._._._._
..,,~~,-, .Y~!_$, = ~ . . .. . ...@_.-
..,. . . .. -~~~.,n:i~~s
~}!1~~:-::.~:!::11:.:::ii:."i:::.o .. ..
Truslsorglfts........u: ..,........._c:1_ Yes $
~
Omer111n
s 111
~ nu1on= 11:11.
....., es .,
.
.
c:iug_
.
f;"IJ;;.,..._ (l.r",CowA,/ +r,,mc/4',_.,;J<?.r
y ~g 1 ,:r
4. I haveothl!r d!l!le!s!
(Cln::M'fyes~.D1
valt,Je,otths
property,
otherwise
clrcls"No")
.
.
.
. .
.
c '"
Cash.fld ........................
-r.:,5!:;,;..... Vfi;r_
$ cl O. 40
No
Savings
..............................................
,. Yes $"'
~
Baokeccqm~s)
...Q: .........
~.c:;~ ...... ~ $.itO, dz
. No Stockt.lbohd!i
.........................................
Yes $
~
Certh'lllll'IIof dep&h'ot .
~
*Equity
In.Realestate(excludlng
ooroostead)
Yes $
~
~
Yes $ .
(N~
*Include
~of
ank'lterest
InSllchproi>erty.
.
"411
!~!-t-...........
__
..........
:....
:F:3
~ci:o~~g .......
eq~torv~w
.
.......~$
Othertang*property:21~
c::::.
s:I have a total amount

of ~lltles
.
a:oa.cro
)fo
~ m.7,'/.,,rJ,,. ,n .....
~,,.u
/.
an11aijflli
In theamoulitof $
. .
,1,1
4 v4,
.-
6. I recetye:{Cfrc/e"Yet'or"N~
.
?:i.r,,, ,.<e-,
;-.
A (' /.- ~ 'Tr,

t:..
l;o. :1- ('o,,--Z:n.S
~ G '5--tJ '"f- ,
/ I?
Tp';,."!!~ryrelaAsstedlstavencelemns'for
Nbeneeedylils.Famllies-Cash
.6,sslsta~......................~.......'." :.:............:................................'..........................
YYeses.
Supplemental
Secu_rity
Income
"(SSO.
_..................................
_.....................................................................
' .: ...............................
Yes
~wr
.......................................................................................................................................
7. I haveb~h releasedanballln theamountof$ ~l {(14 6 a
..
i.
~
.
~ per!>(>n
whoknowingly
provides
ialse!n~nnalion
to.th~darkorthe courtInseeking
a d,!ltenrQfionofIndigent
statusundera.27.52,F.S.commilumisdemeanor
o1Ilia"rshlegree,
..Cash~Surety __
Po,tedby: SeH__
FamDy
__
Other
. .
.-
. punishableas provided1ns. ns.082, F.S.or s. ns.083, F.S. I attesttl1atthe Information

I have providedon this ApplltatlonIs true and accurateto the b~stof m1
knowledge.
Signedtlrls
d 9.
tJ-/ f - / 9 f S
... /
dayof',4t>y,20J1..2,
: ~
z[--~
.Signatureof Applicant for Indigent Status
Date ofBirth.
j JS s:30, 517/~5-.1-?.Jio
Drivers License or ID Number .

~OTICE:
Hthe applicant is det~ed
alice.
by the clerk tci be ~ot In
__
___
-_...Based on the informationhi

thls Application,-.1
have detennined the applicantto be ~dJgent
( ) Not In~ge~t ~t
to s. 27.52,F.S.
The Public Def~der is herebyappointed to the case liste4aoove untjl relieved by the Court.
Dated this ().
~'t:,_day
of :S--0:!'\.
. iO (0.
. .
. Clerk oftbe Circuit Court,'

Thia f1
completed wnn ~e assista..ice~f

Clen:/Dcputy Clerk/Other authorized
persc
.
Final approval by The Florida SupremeCourt on June 30, 2005
Page 1 ofl
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Cleik/Deputy Clak/Otber mthcrizedpcrs,

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STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
NOTICE OF DISCOVB:RY
THE
written
STATE OF
Request
Criminal
for
Discovery,
Procedure,
1.
Florida
the
to
charged
or
presented
names
have
any
at
to
and
trial
the
Rule
under
addresses
thereto
of
all
to
90.404
pursuant
Steven Adamczyk
108 Kristine
Blvd.
Panama city,
Florida
32404
Rule
to
defense
3.220
Florida
persons
be
any
(2)
to
counsel's
Florida
Rules
of
information:
may
or
A Witnesses
Category
F.R.CR.P.:
to
(1) (i),
which
F.S.
response
following
3.220(b)
information
defenses
in
pursuant
furnishes
Pursuant
Procedure,
FLORIDA,
are
Rule
Rules
known
relevant
similar
as
3.220
fact
of
Criminal
to
the
State
to
the
of
offense
evidence
to
be
follows:
(b) (1) (A) (i),
('")
Dr. Vernard
Adams
Hillsborough
County Medical
Tampa, Florida
33602
O:,r-
::::,.!'Tl
......
-<:::O..,..
r.i ::x:_,,
;:-
Examiner
<.::::,
00:::0
c:::-.,.,o
~2;
;-<
Dr. Jeffrey
Appel
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
25c::,
""le:>
r- _,.,,"
0-,N
~
("') r-r,
:3or-
~-;
:.a:
-..
w
)>
",J
,..,
-m
r-
"
I
,f
Dr. Julie
Bayham
5151 N. 9th Avenue
Pensacola,
FL 32504
Brenda Booher
Bay Regional
Detention
Center
32401
Vickie Burnett
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Sgt. Koren Colbert
3 4 21 N. Hwy. 7 7
Panama City, 32405
Kristen
Cortiz
FDLE
2237 w. 24ili Street
David Cruel
502 David Avenue
Roy Davilla
5617 Adalee Road
Office
32405
32404
32404
Chantelle
Dishman
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Dr. Wayne Duer
Hillsborough
County Medical
Tampa, Florida
33602
Examiner
Detective
Leon Evans
Office
3421 N. Hwy 77
Department
Dr. Jason Foland

5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
5153 North 9~ Avenue
Pensacola,
Florida
32504
Tommy Ford
FDLE
2237 W. 24~ Street
Panama City,
Florida
32405
Dr. Sam Gulino

Hillsborough
County Medical
Tampa, Florida
33602
Rocky Point Labs
4800 S. W. 35th Drive
Gainesville
Florida
Examiner
Department
Examiner
Department
32608
Kathy Hanley
Bay County School Board
6410 Cherry Street
Panama City,
FL 32404
Dr. Laura Hair
Hillsborough
County Medical
Tampa, Florida
33602
Richard Hall
Lane
Altha,
Florida
32421
Robert Hall
FDLE
2237 W. 24~ Street
Panama City,
Florida
Sgt. Bethany Harris
3421 N. Hwy. 77
Panama City,
Florida
32405
Office
32405
Stanley
Heaton
208 N. Harris
Avenue
32401
Matt Herring
FDLE
2237 W. 24~ Street
Panama City,
Florida
32405
Amber N. Hunter
3913 Pisa Drive K-5
Panama City,
Florida
32405
Dr. Jennifer
Jenkins
Sacred
Heart Hospital
5151 N. 9th Avenue
Pensacola,
Florida
32504
or
Nemours Children's
Clinic
Pensacola,
Florida
32504
Antonio
L. Jones
1914 Frankford
Avenue
Apt. #803
Panama City,
Florida
32405
Dr. Jacqueline
Lee
Hillsborough
County Medical
Tampa, Florida
33602
Beverly
Moniz
FDLE
2237 W. 24~ Street
Panama City,
Florida
Sgt. Steve Nagy
3421 N. Hwy. 77
Panama City,
Florida
Travis
W. Perry
912 McKenzie Avenue
Panama City,
Florida
Timothy
Petrucci
223331 S. Spring
Estacada,
Oregon
Examiner
32405
Office
32405
32401
Creek Road
97023
Chelsea
Pollock
Bay Medical
Center
615 North Bonita
Avenue
Panama City,
Florida
32401
William
C. Reynolds
1606 W. 10~ Court
Panama City,
Florida
32401
Tom Ring
FDLE
2237 W. 24~
Panama City,
32405
Street
Florida
Department
Adam P. Rogers
156 Hill Drive
32404
Jane Schachle
FDLE
1301 N. Palafax
Street
Pensacola,
Florida
32501
Anita Segers
Bay Medical Center
32401
Dr. Charles F. Siebert
District
3737 Franklin
Avenue
32405
Office
Ronald K. Slocum
7730 s. Mccann Road
Southport,
Florida
32409
Capt. Jim Stanford
3421 N. Hwy. 77
Capt. Mike Thompson
3421 N. Hwy. 77
Office
32405
Office
32405
Dr. Shairi
Turner
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Nicky Vickers,
SRO
3421 N. Hwy 77
Inv. Mark Walton
3421 Hwy. 77
Office
32405
Office
32405

Medical Toxicology
Consultants
9210 Florida
Palm Drive
Tampa, FL 33619
Detective
Mike Gibson
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Harry Hoover
Hillsborough
County Sheriff's
2008 9th Avenue
Tampa, Florida
33605
Detective
Charles Keene
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Cpl. Steve Lewis
Hillsborough
County Sheriff's
7202 Gunn Highway
Tampa, Florida
33625
Office
Office
Office
Office
Gloria Porter,
Investigator
State Attorney's
Office - 13th Judicial
Tampa, Florida
33602
Detective
Jason Van Brunt
Hillsborough
County Sheriff's
2310 Falkenburg
Rd.
Tampa, Florida
33619
Office
Circuit
Category
B Witne
pursuant
to Rule 3.220
F.R.CR. P.:
Lt. Michael Allen
Polk County Sheriff's
Office
Bartow, Florida
33830
Carla Alvarez
5151 N. 9th Avenue
Pensacola,
Florida
32504
Andy Anderson
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg, Suite #206
Tallahassee,
Florida
32399-3100
Robert Anderson
Parks & Crump
Tallahassee,
FL 32301
Dr. Thomas Andrew
White Mountain Forensic
Consulting
109 Woodland Drive
Contoocook,
New Hampshire 03229
Dennis Arnold
Bay Medical Center
32401
Ann Bacher
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. C. Glen Bailey
Bay Medical Center
32401
Josh Balkom
Emerald Bay Academy
1515 June Avenue
32405
Jill
Barry
5151 N. 9~ Avenue
32504
Pensacola,
Florida
Services
(b) (1) (A) (ii),
Victor
Battle
Battle
Memorial Funeral Horne
1123 N. Cove Blvd.
32401
Michael Bostic
Bay Regional
Juvenile
2232 East 17~ Street
Cedar Grove, Florida
Detention
32405
Sgt. Robert Bowden

Manatee County Sheriff's
14490 Harlee Road
34221
Palmetto,
Florida
Kimberly Bryant
AIRHeart Regional
#37 Sheriff
Drive
Santa Rosa Beach,
Center
Office
Air Ambulance
FL 32459
Joseph Bullock
Emerald Bay Academy
1515 June Avenue
32405
Chris Caballero
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Beth Carr
Department
of Juvenile
505 East 11~ Street
Justice
32401
Steve Casey
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Charles Chervanik
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Dr. Ben Clark
5151 N. 9th Avenue
Pensacola,
FL 32504
John Criswell,
Chief
Department
of Juvenile
Justice
Bureau of Quality
Control
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
William Crowe 11
2713 Cocoa Avenue
32405
James Deas
508 Airport
Road
Suite C
32405
Lt. Karen DeMarchi

Stuart,
Florida
34994
Office
Laura Demeter, RN
5151 N. 9~ Avenue
32504
Pensacola,
Florida
Michael Dobbs
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. John Downs
Tampa, FL 33613
Judith
Dzadek
Bay Medical Center
Dr.
2202
32401
Samir Ebid
State Avenue
Suite #302
Panama City,
Florida
Cassie Elliott,
RN
Bay Medical Center
32405
32401
Carolyn Floyd
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
10
Paul Green
Emerald Bay Academy
1515 June Avenue
Guerrero
Olokee Street
32405
Frank
6704
Natalie
Hager
722 Joan Avenue
32404
32404
Bo Hall
5151 N. 9th Avenue
32504
Pensacola,
Florida
Heather Hart
450 East 11~ Street
Karen Harvell
District
1 Medical
5151 N. 9~ Avenue
Pensacola,
Florida
32401
Examiner's
Office
32504
Dr. David Hathaway

Space Flight
Huntsville,
Alabama 35824
Officer
Oscar Harrington
Detention
4529 East Business
Highway 98
32404
Carol Hawthorne
American Medical
4914 W. Knox
Tampa, FL 33634
Center
Response
Judy Haynes
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Cpl. Terrance Henderson
Detention
2744 Ravenwood Court
Lynn Haven, Florida
32444
Tamika Herbert
2531 Johnson Drive
Lynn Haven, Florida
Center
Detention
32444
11
Center
Center
Sharon Holler
5151 N. 9th Avenue
Pensacola,
Florida
32504
Christopher
Hood
Space
Post Office
Box 240011
Huntsville,
Alabama 35824
Diane Houser
Bay Medical Center
Panama City,
Florida
Flight
32401

Bay Regional
Juvenile
Detention
810 Harrb Avenue
Panama City,
Florida
32401
Center
Monica Hudlow, RN
5151 N. 9th Avenue
Pensacola,
Florida
32504
Chuck Jeter,
RN
AIRHeart Regional
#37 Sheriff
Drive
Santa Rosa Beach,
Air Ambulance
FL 32459
Joyce Johnson
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Gina Jones
Parks & Crump
Tallahassee,
FL 32301
Cpt. Lloyd Jones
Stuart,
Florida
34994
Cpl. Sylvester
Jones
Bay Regional
Juvenile
1410 East 9ili Street
Panama City,
Florida
Melinda Keiffer
Ramsden Air Force
Germany
Office
Detention
Center
32401
Base
12
Center
Lt. Kimberly Klein

Pinellas
County Sheriff's
Office
14400 49~ Street
N
33762
Clearwater,
Florida
Richard Kline
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Sgt. Richard
Bay Regional
450 East 11~
Panama City,
Koester
Detention
Street
Florida
Jeff Martin
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
Steve
J.
32401
Examiner's
Office
32504
Martin
8513 Adirondack
Austin,
Center
Texas
Trail
78759
Richard L. McAlister
1940 Sherman Avenue #410
32405
Herman McBride
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Janie McGeorge
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Don McKay
450 East 11~ Street
Center
32401
Sheriff
Frank McKeithen
Office
3421
N. Hwy. 77
Panama City,
Florida
32405
Linda Milton
Records Custodian
5151 N. 9~ Avenue
32504
Pensacola,
Florida
13
Dr. Andrea
District
1
5151 N. 9th
Pensacola,
Minyard
Medical
Avenue
Florida
Examiner's
Office
32504
Delores Nelson
Bay Medical Center
32401
Detention
6939 Roadrunner
Road
32466
Youngstown, Florida
Sgt. George Pridgen
8911 Summer Circle
Detention
Center
Center
32404
Felicia
Reed
Bay Medical Center
32401
Sgt. Earl Rouhlac
3922 Trina Way
Debra Sasser
Department
of Juvenile
105 Black Shear Drive
Terry
Detention
32401
Justice
32401
Sasser
3404 W. 19~
Panama City,
Street
Florida
32405
Anthony Schembri,
Secretary
Department
of Juvenile
Justice
2737 Centerview
Drive
Tallahassee,
Florida
32399-3100
Carla Seaborn
Bay Medical Center
Lt. Robert Shirley
450 East 11~ Street
32401
Center
32401
14
Center
Ronald K. Slocum
7730 s. Mccann Road
Southport,
Florida
32409
Jeffrey
Steiber
District
1 Medical
5151 N. 9th Avenue
Pensacola,
Florida
Examiner's
Office
32504
Lorene Thomas
Department
of Juvenile
Panama City,
Florida
Justice
32401
Allison
Turner
Custodian
of Records
5151 N. 9th Avenue
Pensacola,
Florida
32504
Dr. Patricia
Turner
5151 N. 9th Avenue
Pensacola,
Florida
32504
Shelley
Vogt
5151 N. 9th Avenue
Pensacola,
Florida
32504
Lisa Ward
Bay Medical Center
Panama City,
Florida
32401
Ms. Pasha Waters
Bay Regional
Detention
Panama City,
Florida
Center
32401
Kelsey Welsh
District
3737 Franklin
Avenue
Panama City,
Florida
32405
Dr. Barbara Wolf
70 Danley Drive
Ft. Myers, Florida
Office
33907
Casteldera
A. White
2905-U Minnesota
Avenue
Lynn Haven, Florida
32444
Terrance
Winters
Everett
Middle School
608 School Avenue
Panama City,
Florida
32401
15
Lt. Joseph Wright

Bay Regional
Juvenile
Detention
Apt. #91
Lynn Haven, Florida
32444
Margaret
Yon
6515 Smith Road
Panama City,
Florida
Jonathan
Bouchard
2625 Taylor Road Apt.
Panama City,
Florida
Center
32404
C
32401
16
Category
F.R.CR.P.:
pursuant
C Witnesses
to
Rule
3.220
(b) (1) (A) (iii),
Eber Brown
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg. Suite
#206
Tallahassee,
Florida
32399-3100
Steve Bushore
Department
of Juvenile
Justice
2737 Centerview
Drive
Knight Bldg. Suite
#206
Tallahassee,
Florida
32399-3100
Christopher
Crews
23534 N.W. Lamont
Fountain,
Florida
Road
32438
RN
Nancy Guyott,
5151 N. 9th Avenue
Pensacola,
Florida
32504
Benjamin
Logue
2908 Canal Drive
Panama City,
Florida
Stephen
A. Master
1439 2nd Street
Southport,
Florida
2.
State's
counsel
A)
B)
Below
is
possession
to
inspect,
Pursuant
Procedure,
compliance
Procedure.
32405
32409
a list
of
or
control
copy,
test
the
information
which
will
and
be
material
produced
for
the
defense
and photograph:
to
Rule
3. 220 (b) (1) (B),
Florida
Rules
Statements
by persons
whose
names
are
with
Rule
3.220(b)(l)(i),
Florida
Rules
YES.
See Discovery
Pursuant
to
Rule
Procedure,
written,
within
of
Criminal
furnished
in
of Criminal
Documents numbered
1 through
24,224.
3.220(b)(l)(C),
Florida
Rules
of
recorded
and/or
oral statements
of the
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A".
17
Criminal
accused.
of force
reports,
interviews.
Also
see
C)
Pursuant
Procedure,
defendants.
to
Rule
written
3.220(b)(l)(D),
recorded
and/or
Florida
Rules
oral
statements
YES.
See police
reports,
PAR reports,
use
transcripts,
sworn statements,
and recorded
Attachment
"A".
D)
Pursuant
Procedure,
accused.
to
Rule
recorded
of
of
Criminal
the
co-
of force
reports,
interviews.
Also
see
3. 220 (b) (1) (E),

Florida
Rules
of
Criminal
Grand Jury minutes
containing
testimony
of the
NONE.
E)
Pursuant
to
Rule
Procedure,
tangible
the accused.
3.220(b)(l)(F),
papers
or objects
Florida
obtained
Rules
of
Criminal
from or belonging
to
3.220(b)(l)(G),
or
information
Florida
provided
Rules
by a
NONE.
F)
Pursuant
Procedure,
informant.
to
Rule
material
of
Criminal
confidential
NONE.
G)
Pursuant
to
Rule
3. 220 (b) (1) (H),
Florida
Procedure,
electronic
surveillance,
pursuant
Florida
Statutes,
of the premises
of which the
and documents
relating
thereto.
Rules
of
Criminal
to
Chapter
934,
accused
was a party,
NO.
H)
Pursuant
Procedure,
documents
to
Rule
3.220(b)(l)(I),
whether
there
has been
relating
thereto.
Florida
any search
Rules
of
or seizure
Criminal
and any
NONE.
I)
Pursuant
Procedure,
physical
experiments
to
Rule
3.220(b)
(1) (J),
reports
or statements
by
or
mental
examinations
or comparisons.
Florida
Rules
of
Criminal
experts,
including
results
of
and
of
scientific
tests,
YES.
See reports
of Dr. Charles
Siebert,
Dr. Vernard
Adams, Dr.
John Downs (CV and Report),
Dr. Wayne Duer, and Dr. Bruce Goldberger,
and Steve Martin
(CV
and Report).
by Dr. Charles
Siebert
and Dr. Barbara
Wolf.
18
J)
Pursuant
to
Rule
3. 220 (b) (1) (K),
Florida
Rules
of
Criminal
Procedure,
tangible
papers or objects
intended
for use at hearing
or trial
which were not obtained
from or belonged to the accused.
YES.
Videotape
of orientation
from Bay Boot Camp.
and incident
January
5, 2006,
Video of incident
enhanced at Honeywell NASA Marshall
Flight
Center
(3 enhanced videos on DVD).
Recorded
interviews
of defendants.
Recorded
interviews
of witnesses
Transcripts
of recorded
Recording
Video
written
Space
reports).
interviews.
Bay Boot Camp Use of Force

PAR reports
(see
collected
Log.
by defendants.
of 911 Call.
from Bay Regional
Detention
Center
January
5, 2006.
Still
image of Martin Anderson from Bay Regional Detention
Center
video January
made and signed by Robert
Anderson) .
Still
image of Martin Anderson from Bay Regional Detention
Center
video January 5, 2006. (Identification
made and signed by Gina
Jones) .
Photographs
of Bay Boot Camp.
Ammonia Inhalant
Box
Paper towels and seroquel

Detention
Center
pills
collected
from Bay Regional
Videotapes
of physical
assessments,
orientation
and training
(prior
to January 5, 2006), collected
from Bay County Boot Camp.
Policies,
including
BCSO Use of Force
CJSTC Standards,
and PAR Policy.
Medical
Policy,
Records.
X-Rays.
Photographs
Autopsy
of Martin
Anderson
at hospital.
photographs.
19
Behavioral
Matrix,
Audio recordings
hearings
February
of Criminal
15, 2006,
Justice
February

(Documents
on CD-ROM)
3.
Pursuant
Procedure,
the
possession
to
the
or
to
following
control
offense
in
for
or
specifically
defense
him
noted
above.
At
the
Criminal
the
addresses
of
receipt
7.
in
the
the
Discovery
defense.
of
Criminal
the
State's
within
guilt
of
the
accused
as
and
photograph
and
(iii)
of
Florida
expects
hearing
list
to
Rule
of
Florida
(i)-(iii)
In addition
have
Discovery
to
the
been
are
20
and
Florida
not
and
permit
material
Rules
within
of
of
Criminal
the
names
and
call
as
to
seven
days
after
Florida.
Rules
a disclosure
3.220(d)
of
of
Florida
of
within
of
Criminal
the
items
fifteen
days
set
after
of Florida.
be advised
numbered
and
expects
State
(2),
State
above,
if
Florida
Rules
list
case
by the
expects
documents
to
counsel
this
3.220(d)
by the
of
information
a written
of Rule
even
counsel
Florida
(1),
of
furnished
State
request
(xi).
whom defense
or
your
response
pursuant
through
contained
to
defense
all
control
3.220(d)
pursuant
the
to
Siebert.
information
this
to
test
Charles
any
you
in
disclose
disclosure
documents
to
convenient
Rule
State
that
included
to
witness
by Dr.
will
trial
corresponding
be
witnesses
subsections
8.
the
State
the
statement
provided
to
3.220(b)
Pursuant
Procedure,
QA Reports
Rules
is
the
be advised
possession
all
at
of
Florida
negate
State
copy,
Pursuant
witnesses
to
mutually
the
Procedure
Procedure,
the
time
State's
6.
forth
sworn
materials
deemed
inspect,
within
(2),
information
tends
please
is
counsel,
to
and
other
discovery
5.
3.220(b)
and
2006.
charged:
In addition,
reports
DJJ Correspondence
material
which
YES. See report

4.
Rule
Appropriation
Committee
23, 2006 and March 17,
and
are
numbered
of
the
following:
available
1 through
for
copying
24,224.
by
The
following
607
documents
1256,
available
are
copying
County
Use of
Reports,
Force
DJJ
numbered.
listed
in
testify.
police
(See
autopsy
reports
been
furnished
Post
Office
Box 327,
30th
day of January,
and
use
of
see
in
sworn
on
reports,
Attachment
additional
documents
documents
of
interviews,
reports,
CD-ROM have
see
sworn
law
witnesses
Boot
Camp
not
been
enforcement
statements,
"A".
All
may
are
1 through
statements.
accused,
force
Also
and
the
other
SAO investigator
QA reports
of
and discovery

has
and
Documents
transcripts
Reports,
records,
listed.
report
Included
Office
review:
All
reports,
statements
and
in camera
17273-17431.
correspondence
witnesses
for
defense.
medical
PAR reports
interview
by the
Sheriff's
Regarding
reports,
and
FDLE reports,
Hillsborough
contracts,
be submitted
3789-4443,
for
24,224
will
be
and
witnesses
called
to
documents).
a copy
of
the
foregoing
Notice
of
Discovery
to
Panama City,
Florida
32402-0327,
via
U.S.
mail,
2007.
Respectfully
submitted,
MARKA. OBER
STATE ATTORNEY
MI
EL C. SINACORE
A SISTANT STATE ATTORNEY
21
this
ATTACHMBN'l' "A"
Regarding
PAR reports,
and interview
statements
of the accused,
use of force
witnesses
reports,
listed.
see law enforcement
sworn statements,
Also,
refer
Interview
by Robert
Hall.
Interview
by Robert
Hall.
by Robert
Hall.
recorded
to the following
reports,
interviews,
discovery
documents:
Sgt.
Henry
Dickens
98-113
DI Charles
63-77
Sgt.
Patrick
Enfinger
Garrett
133-146
Interview
4551-4554
PAR Report.
5850-5852
PAR Report.
Sgt.
Major
Raymond Hauck
38-39
Statements
made to Robert
Mark Walton.
114-126
Interview
4558-4560
Information
Report.
4567a-4568a
Information
Report.
4633a
CCC Daily
Report.
4635a-4637a
Inspector
General's
Incident
Report
Form.
4817-4819
Inspector
General's
Incident
Report
Form.
12797-12798
Information
16696-16700
DJJ Incident/Complaint
22717-22740
Sworn statement
by Capt. Jim Stanford
regarding
explaining
incident
while viewing video.
22253-22254
Sworn statement
by Mark Walton regarding
Hauck
explaining
use of ammonia on Martin Anderson.
by Robert
Hall,
Bethany
Harris
and
Hall.
Report.
22
Forms.
Hauck
22332;
Sworn statement
by Capt. Thompson regarding
notifying
him of use of force and collapse.
22339
Sworn statement
by Chantelle
Dishman regarding
information
stated
by Sgt. Major Hauck on call to DJJ
hotline
reporting
incident
with Martin Anderson.
23107-23109
DI Ray McFadden
Interview
78-97
Nurse
Kristen
Hauck
by Robert
Hall.
Schmidt
157-178
Interview
by Robert
Hall.
413-416
Interview
by Robert
Hall.
417-421
Interview
by Robert
Hall.
4542-4547
Nurse's
notes.
4569a-4574a
Nurse's
notes.
23
13216-13218
Interview
22366-22369
Sworn statement
by Captain Thompson regarding
questioning
Schmidt about the use of ammonia at
boot camp.
Sworn statement
interview
with
23510-23530
Cpl.
Joseph
by Bay County
Sheriff's
by Dr. Shairi
Schmidt.
Walsh
42-62
Interview
by Robert
392-399
Interview
by Matt Herring.
4549
PAR Report
4555-4557
Information
4657-4659
PAR Report.
4564a-4566a
Information
4821
PAR Report
5848-5849
PAR Report.
(page
Hall.
2 of 2).
Report.
Report.
(page
1 of 2).
24
Office.
Turner
regarding
the
phone
~-~----------------------

STATE OF FLORIDA
06-4016CF
CASE NO.:
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
06-4016CFMD
Ill,.
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II
AMENDEDDJ:SCOVBRY
THE
written
STATE OF
Request
for
Criminal
Procedure,
previously
provided
Please
documents
are
not
that
Discovery,
in
this
to
will
be
for
furnished
Office
Box 327,
day of January,
response
to
Rule
following
attached
for
until
a copy
list
in
camera
approved
defense
3.220
Florida
counsel's
Rules
of
amendment
to
discovery
(2
of
discovery
of
the
pages)
review.
by the
foregoing
These
documents
court.
Amended Discovery
has
to
Panama
City,
Florida
32402-0327,
via
U.S.
mail,
2007.
Respectfully
.:.:.
to
case:
submitted

been
the
the
copying
in
pursuant
files
refer
available
FLORIDA,
submitted,
MARK A. OBER
STATE ATTORNEY
MIC EL C. SINACORE
this
30th
:::
DISCOVERYDOCUMENTSFOR IN CAMERAREVIEW
Page
Description
607-1256
1264-1267
Commitment Order
1268-1270
1273-1276
1281-1286
1291-1294
1295-1299
1230A-1232A
1233A-1246A
1247A-1248A
1249A-1251A
1252A-1256A
1257A-1266A
1267 A-1276A
1282A-1285A
Commitment Order
1286A-1288A
Commitment Summary
1289A-1290A
Victim Notification
1291A
1292A-1295A
3789-4443
4444-4471
--
---
-------------
----------~-------
4588A-4619A
4638A
4639A-4659A
4660-4672
4680-4682
4711-4768
4769-4816
4827-4829
4857-4859
4680-4682
4906-4912
4942-4948
5487-5490
17273-17431
18000-18010
18021-18030
19236-19239
19240-19248
DJJ Health History
19311-19314
19315-19321
22984-23018
23412-23480
23633-23636
FILED

STATE OF FLORIDA
2001
JAN3 r P t121
HAROLCB,\ZZEL
o 5 - 4 ol 5CFCLERK
OF CIRCUITCOURT
BAYCOUNTY.FLORIO,\
CASE NO.:
vs.
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II
AMENDEDDI:SCOVBRY
THE STATE OF FLORIDA,
written
Request
for
Criminal
Procedure,
previously
provided
Discovery
Please
note
Omitted
145,
1594,
11426,
the
this
1756,
13838,
Page
are
2181A,
4560A-4659A,
8072A,
10530A,
17373A,
18982A,
12835A,
20376A,
page
9100-9999,
3.220
counsel's
Florida
to
Rules
of
discovery
12981A,
for
2920A,
12982A,
23916A.
these
10504,
numbers
10685A,
from
through
24,224.
numbering:
16158-16177,
2458A,
20486A,
numbered
the
(Duplicated
1555A,
12728A,
defense
amendment
no documents
2067,
1230A-1299A,
12546A,
been
14901-14999,
Numbers
Rule
following
regarding
(There
1813,
to
to
case:
have
following
Numbers
11771,
Duplicated
in
response
pursuant
files
documents
the
Page
Discovery,
in
page
10890-10899,
18008,
11903A,
15735A,
10987,
21727.
differentiated
3336A,
numbers):
by "A"):
3337A,
12147A,
15738A,
3890A-3899A,
12150A,
17200A
12200A,
17274A,
Added
Pages
letter
(Documents
to place
them
in
given
duplicate
sequence
numbers
with
other
and
differentiated
by
documents):
621A,658A,659A,661A,674A,684A,685A,686A,710A,767A,768A,770A,l918A,
2061A,
4596A,
4597A,
10537A,
10682A,
11245A,
12045A,
12140A,
19328A,
19323A,
19329A,
4598A,
10686A,
11063A,
12260A,
19330A,

been
Office
furnished
Box 327,
day of January,
10434A-10435A,
10526A,
11098A-11099A,
12292A,
10528A,
11123A,
19218a-19218m,
10536A-
11233A-11235A,
19218aa-19218zz,
19406A.
a copy
of
the
foregoing
Amended Discovery
has
to
Panama City,
Florida
32402-0327,
via
U.S.
mail,
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
MI
LC.
SINACORE
this
30th
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,

IN AND FOR BAY COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO: 06-4016G

r.,
,_,
a,r--

Defendant.
=:,
)>fT'I
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oo::o
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___________
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CERTIFICATION OF CONFLICT OF INTEREST AND ~~S

MOTION FORAPPOINTMENT OF SEPARATE COUNSE:f~
)>
-..
C)
er
COMES NOW HERMAN D. LARAMORE, Public Defender, Fourteenth Judicial
Circuit, pursuant to Section 27.53(3), F.S., and BABB v. EDWARDS, 412 So2d 859
(Fla. 1982), and certifies to this Court that the defendant, KRISTIN ANNE SCHMIDT,
cannot be counseled by the undersigned nor any member of his staff without conflict of
interest.
WHEREFORE, the undersigned hereby moves this Court to appoint one of the
attorneys approved by the Circuit Conflict Committee to serve as counsel for the
defendant herein.
DATEDthis~
day of Febru~
~,b-~A~~
HERMAN D. LARAMORE
PUBLIC DEFENDER
Fourteenth Judicial Circuit
Post Office Box 636
Marianna, Florida 32447-0636
Phone: 850/482-9366
Florida Bar #131906
Copies furnished:
Michael Sinacore, Assistant State Attorney
Walter B. Smith, Assistant Public Defender
..,,
f1I
CLERK
F'iLEO

ANDFORBAYCOUNTY2il01 FEB
OFTHESTATEOFFLORIDAIN
20
A I/: 40
ER~~Sf.Lfl.p,~
zzu
STATE OF FLORIDA
CASE NO.:
CL
111..yc c1:,cu1r
co1Jp
06-4016Ct'
OUNI Y. PLorw_i,.,'
r
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
STATE'S RESPONSETO DEFENDANTS'MOTIONS

FOR STATEMENTOF PARTICULARS
Attorney, hereby responds to the Motion for Statement of Particulars filed in this cause
by counsel for defendants
, Raymond Hauck,
and Joseph Walsh, II. The State objects to the motions. The State contends
that the defendants are not entitled to a statement of particulars in this case, and that a
statement of particulars is unnecessary and unwarranted.
Rule 3.140(n) of the Florida Rules of Criminal Procedure requires a statement of
particulars only if necessary to enable a defendant to prepare a defense. The rule states,
in pertinent part:
The court, on motion, shall order the prosecuting attorney
to furnish a statement of particulars when the indictment or
information on which the defendant is to be tried fails to
inform the defendant of the particulars of the offense
sufficiently to enable the defendant to prepare a defense.
If a court orders the prosecution to provide a statement of particulars, Rule 3.140(n)
requires the following:

The statement of particulars shall specify as definitely as
possible the place, date, and all other material facts of the
crime charged that are specifically requested and are known
to the prosecuting attorney, including the names of persons
intended to be defrauded.
Rule 3.140(n) does not require the prosecution to provide a statement of
particulars based merely on a request by the defense or by an assertion by the defense that
a statement of particulars is necessary. The rule only requires production of a statement
of particulars when the court finds that the information is insufficient to enable a
defendant to prepare a defense.
A defendant is only entitled to a statement of particulars when the charging
document does not give him adequate notice of the charge he must defend. Smith v.
State, 93 Fla. 238, 112 So. 70 (Fla. 1927). A defendant is not entitled to a statement of
particulars if the information contains all the elements necessary to establish the crime,
and does not otherwise mislead the defendant in the preparation of a defense. Jones v.
State, 466 So.2d 293 (Fla. 3rdDCA 1985). Even when an information charges more than
one way for a crime to have been committed, a defendant is not entitled to a statement of
particulars absent a showing of lack of notice, prejudice, surprise or the inability to
prepare an adequate defense. Harrison v. State, 557 So.2d 151 (Fla. 4th DCA 1990). A
statement of particulars is only required in exceptional cases where the denial of a
statement of particulars constitutes an abuse of judicial discretion. Peel v. State, 154
So.2d 910 (Fla. 2ndDCA 1963); Miller v. State, 764 So.2d 640 (Fla. 1stDCA 2000).
A statement of particulars is not required or necessary in this case. The

information filed in this cause contains all the elements necessary to establish the crime
charged, and provides sufficient notice of the offense to enable the defendants to prepare
for trial.
Three grounds are raised in the motions for statement of pruticulars filed in this
case. The motions filed by the various defendants are substantially identical, and for
purposes of this response the State addresses the motions collectively.
Ground One
The first ground for a statement of particulars asserts that the information in this
case fails to inform each defendant of the particulars of the allegation that the defendant
was a caregiver of Martin Lee Anderson. The motions request the court to require the
prosecution to provide the conclusory theory upon which the defendant is alleged to be
the caregiver of the victim, and to include a statement of facts supporting the conclusion.
This ground does not demonstrate any deficiency in the information that precludes the
defendant from preparing a defense.
For the State to convict any defendant of the offense charged, it will be necessary
to prove that the defendant caused the death of the victim by culpable negligence under
the statute for Child Neglect, Florida Statute 827.03(3), which requires that the
defendant be a caregiver for the victim. The term "caregiver" is defined by Florida
Statutes, and will be provided injury instructions. The definition of caregiver includes
any person responsible for a child's welfare. Whether the facts prove that a defendant
was a "caregiver" for the victim is a matter to be determined by the jury. As is evident by
this ground being raised in the motion for a statement of particulars, the information
adequately puts the defendant on notice that the defendant is charged with having been a
caregiver for the victim, and the defendant is aware of that allegation. Therefore, the
information is sufficient to enable the defendant to prepare a defense. Furthermore, this
ground of the motion seeks disclosure of a prosecution theory. Rule 3.140(n) does not
authorize or compel disclosure of prosecution theories.
Ground Two
The second ground of the motion for statement of particulars asserts that the
information fails to inform the defendant of the particulars of the allegation that the
defendant neglected Martin Lee Anderson by failure or omission to provide him with the
care, supervision or services necessary to maintain his physical or mental health that a
prudent person would consider essential for the well-being of a child. The motion alleges
that the information fails to inform the defendant of the particulars of the offense
sufficiently to enable the defendant to prepare a defense. This ground is merely a
conclusory allegation, and does not demonstrate any deficiency in the information that
precludes the defendant from preparing a defense.
The information gives adequate notice of the elements of the crime alleged. The
information puts the defendant on notice that the defendant is accused of being a
caregiver who neglected Martin Lee Anderson by failing to provide the care that any
prudent person would consider essential for the well-being of a child. The information
puts the defendant on notice that the alleged failure to provide that care caused the death
of the victim. The information puts the defendant on notice of the allegation that the
death of Martin Lee Anderson was caused by culpable negligence by the defendant.
Therefore, the information provides sufficient notice for the defendants to understand the
elements of the crime alleged and to prepare a defense.
The defendants are charged with failing or omitting to provide the care,
supervision or services that a prudent person would consider essential for a child. This is
an objective standard derived from the elements of the crime of Child Neglect in Florida
Statute 827.03(3), which provides as follows:
(3)(a) "Neglect of a child" means:
I.
A caregiver's failure or omission to provide a child
with the care, supervision, and services necessary to
maintain the child's physical and mental health, including,
but not limited to, food, nutrition, clothing, shelter,
supervision, medicine, and medical services that a prudent
person would consider essential for the well-being of a
child; or
2.
A caregiver's failure to make a reasonable effort to
protect a child from abuse, neglect, or exploitation by
another person.
Neglect of a child may be based on repeated conduct or on
a single incident or omission that results in, or could
reasonably be expected to result in, serious physical or
mental injury, or a substantial risk of death, to a child.
The definition of child neglect gives examples of care, supervision and services necessary
to maintain the child's physical and mental health, but does not limit the duty to provide
care, supervision and services to those examples. Any failure or omission, however,
must be one that a "prudent person" would consider essential for the well-being of a
child.
The information has put each defendant on notice that the State is alleging a
failure or omission to provide proper care, supervision and services, based on the
objective standard of a "prudent person." Deciding whether a defendant failed to provide

proper care for the victim is a factual determination to be made by the jury, and is limited
only to the "prudent person" standard. The law does not require the State to select
specific failures or omissions. The information in this case has put the defendants on
notice that their conduct is alleged to have been a breach of the duty to provide essential
care to the victim, and that their conduct as caregivers will be judged by the finder of fact
based on the objective standard of a "prudent person." Therefore, the information
provides sufficient information to notify the defendants of the allegation and enable the
preparation of a defense.
Moreover, most of the incident in question in this case was observed and recorded
on videotape. Reports about the incident were written by some of the defendants. All
defendants have been interviewed about the incident and given statements. It is unlikely
that there will be much dispute as to what each defendant did or did not do during the
incident. As a result, the danger of unfair prejudice or surprise is minimal in this case.
Ground Three
The third ground asserts that the information fails to inform the defendant of the
particulars of the allegation that the defendant failed to make a reasonable effort to
protect Martin Lee Anderson from abuse, neglect or exploitation by another person. The
motion alleges that the information fails to inform the defendant of the particulars of the
offense sufficiently to enable the defendant to prepare a defense. This ground is merely a
The information puts the defendants on notice that they are accused of neglecting
Martin Lee Anderson, a child that was in their care, and causing his death as a result of
that neglect. Accordingly, the information includes language from the Child Neglect
statute, Florida Statutes 827.03(3). Not only is it unlawful for a caregiver to fail to
provide the care essential for the well-being of a child, but it is also child neglect when a
caregiver fails to protect a child from abuse or neglect by another person. The
information advises each defendant that they are charged with both methods of child
neglect, in the alternative. Charging alternative allegations in an information is
authorized under Rule 3.140(k)(5), Florida Rules of Criminal Procedure.
The third ground also requests that the court order the prosecution to provide the
identity of the "another person" referenced in the information. Florida Statutes
827.03(3) holds caregivers responsible for protecting a child in their care from harm
inflicted by another person. The statute is not limited to a specific person, and does not
require that the person who harmed the victim be identified. The standard jury
instruction for Child Neglect does not require "another person" to be named, but simply
uses the term "another person." Therefore, it is not necessary for the State to specify or
provide the identity of "another person."
As has previously been discussed, the incident in question was recorded on
videotape, and all defendants have given statements describing the event. There is no
doubt that all defendants are aware of the identity of everyone involved in the incident.
The request to have "another person" identified in a statement of particulars fails to
demonstrate that this information is necessary to prepare a defense to the crime charged.
CONCLUSION
The incident in question involves multiple defendants who were responsible for
the well-being of the victim. All defendants interacted with the victim and each other
during the incident. Each defendant is fully aware of the conduct of all involved in this
case. The question to be resolved by a jury is whether the conduct of each defendant was
criminally negligent, as alleged by the State. The information adequately puts the
defendants on notice that the State has alleged that the defendants were caregivers of
Martin Lee Anderson and the conduct of each was culpably negligent, constituted child
neglect, and caused the death of Martin Lee Anderson. The information is sufficient to
enable the preparation of a defense, and no additional information is required to put the
defendants on notice of the charges, or to prevent prejudice or surprise.
Under Rule 3.140(n), when a statement of particulars is ordered by a court, the
statement of particulars is limited to date, place and material facts. The motion for a
statement of particulars in this case requests explanations and prosecution theories. This
is tantamount to a request to have the Court order the prosecution to argue this case in
writing before trial. A statement of particulars should not be used as a device to force the
prosecution to articulate legal theories and argue inferences from the evidence. The law
only requires a statement of particulars if necessary to prevent a lack of notice, prejudice,
surprise, or the inability to prepare a defense.
The information in this case provides adequate notice of the crime charged for the
defendants to prepare a defense. Furthermore, the evidence in this case includes a
videotape of the incident, reports about the incident written by multiple defendants, and
interviews about the incident with all defendants. An extensive amount of media
attention has been given to this case. There is no doubt that the defendants are fully
aware of the conduct that is at issue in this case, and there is little danger of unfair
prejudice or surprise.
For the foregoing reasons, the Motion for a Statement of Particulars should be
denied.
I HEREBY CERTIFY that a copy of the foregoing has been furnished to Robert
Sombathy, attorney for
, at P.O. Box 430, Panama City, Florida 32402;
James H. White, Jr., attorney for Raymond Hauck, at 229 McKenzie Avenue, Panama City,
Florida 32401;
Panama City, Florida 32402-0327, Jonathan Dingus, attorney for
5 27 Jenks Avenue, Panama City, Florida 32401; and Robert Pell, attorney for Joseph
Walsh II, at 514 Magnolia Avenue, P.O. Box 651, Panama City, Florida 32401, via U.S.
mail, on this 16th day of February, 2007.
MARK A.OBER
STA TE ATTORNEY

Florida Bar #868523
FILED

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FEB22
STATE OF FLORIDA
CASE NO.:
06-40I6CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
--
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
STATE'S RESPONSETO DEFENDANTS'MOTIONS

FOR STATEMENTOF PARTICULARS
Attorney, hereby responds to the Motion for Statement of Particulars filed in this cause
by counsel for defendant Henry Dickens. A response has previously been filed to
identical motions filed on behalf of defendants
Raymond Hauck-
and Joseph Walsh, II. The State objects to the motions.
The State contends that the defendants are not entitled to a statement of particulars in this
case, and that a statement of particulars is unnecessary and unwarranted.
Rule 3.140(n) of the Florida Rules of Criminal Procedure requires a statement of
particulars only if necessary to enable a defendant to prepare a defense. The rule states,
in pertinent part:
The court, on motion, shall order the prosecuting attorney
to furnish a statement of particulars when the indictment or
information on which the defendant is to be tried fails to
inform the defendant of the particulars of the offense
sufficiently to enable the defendant to prepare a defense.
A iO:02
If a court orders the prosecution to provide a statement of particulars, Rule 3.140(n)

requires the following:
The statement of particulars shall specify as definitely as
possible the place, date, and all other material facts of the
crime charged that are specifically requested and are known
to the prosecuting attorney, including the names of persons
intended to be defrauded.
Rule 3.140(n) does not require the prosecution to provide a statement of
particulars based merely on a request by the defense or by an assertion by the defense that
a statement of particulars is necessary. The rule only requires production of a statement
of particulars when the court finds that the information is insufficient to enable a
defendant to prepare a defense.
A defendant is only entitled to a statement of particulars when the charging
document does not give him adequate notice of the charge he must defend. Smith v.
State, 93 Fla. 238, 112 So. 70 (Fla. 1927). A defendant is not entitled to a statement of
particulars if the information contains all the elements necessary to establish the crime,
and does not otherwise mislead the defendant in the preparation of a defense. Jones v.
State, 466 So.2d 293 (Fla. 3rdDCA 1985). Even when an information charges more than
one way for a crime to have been committed, a defendant is not entitled to a statement of
particulars absent a showing of lack of notice, prejudice, surprise or the inability to
prepare an adequate defense. Harrison v. State, 557 So.2d 151 (Fla. 4th DCA 1990). A
statement of particulars is only required in exceptional cases where the denial of a
statement of particulars constitutes an abuse of judicial discretion. Peel v. State, 154
So.2d 910 (Fla. zndDCA 1963); Miller v. State, 764 So.2d 640 (Fla. 1stDCA 2000).
A statement of particulars is not required or necessary in this case. The

information filed in this cause contains all the elements necessary to establish the crime
charged, and provides sufficient notice of the offense to enable the defendants to prepare
for trial.
Three grounds are raised in the motions for statement of particulars filed in this
case. The motions filed by the various defendants are substantially identical, and for
purposes of this response the State addresses the motions collectively.
Ground One
The first ground for a statement of particulars asserts that the information in this
case fails to inform each defendant of the particulars of the allegation that the defendant
was a caregiver of Martin Lee Anderson. The motions request the court to require the
prosecution to provide the conclusory theory upon which the defendant is alleged to be
the caregiver of the victim, and to include a statement of facts supporting the conclusion.
This ground does not demonstrate any deficiency in the information that precludes the
defendant from preparing a defense.
For the State to convict any defendant of the offense charged, it will be necessary
to prove that the defendant caused the death of the victim by culpable negligence under
the statute for Child Neglect, Florida Statute 827 .03(3), which requires that the
defendant be a caregiver for the victim. The term "caregiver" is defined by Florida
Statutes, and will be provided in jury instructions. The definition of caregiver includes
any person responsible for a child's welfare. Whether the facts prove that a defendant
was a "caregiver" for the victim is a matter to be determined by the jury. As is evident by
this ground being raised in the motion for a statement of particulars, the information
adequately puts the defendant on notice that the defendant is charged with having been a
caregiver for the victim, and the defendant is aware of that allegation. Therefore, the
information is sufficient to enable the defendant to prepare a defense. Furthermore, this
ground of the motion seeks disclosure of a prosecution theory. Rule 3.140(n) does not
authorize or compel disclosure of prosecution theories.
Ground Two
The second ground of the motion for statement of particulars asserts that the
information fails to inform the defendant of the particulars of the allegation that the
defendant neglected Martin Lee Anderson by failure or omission to provide him with the
prudent person would consider essential for the well-being of a child. The motion alleges
that the information fails to inform the defendant of the particulars of the offense
sufficiently to enable the defendant to prepare a defense. This ground is merely a
The information gives adequate notice of the elements of the crime alleged. The
information puts the defendant on notice that the defendant is accused of being a
caregiver who neglected Martin Lee Anderson by failing to provide the care that any
prudent person would consider essential for the well-being of a child. The information
puts the defendant on notice that the alleged failure to provide that care caused the death
of the victim. The information puts the defendant on notice of the allegation that the
death of Martin Lee Anderson was caused by culpable negligence by the defendant.
Therefore, the information provides sufficient notice for the defendants to understand the
elements of the crime alleged and to prepare a defense.
The defendants are charged with failing or omitting to provide the care,
supervision or services that a prudent person would consider essential for a child. This is
an objective standard derived from the elements of the crime of Child Neglect in Florida
Statute 827.03(3), which provides as follows:
(3)(a) "Neglect of a child" means:
1.
A caregiver's failure or omission to provide a child
with the care, supervision, and services necessary to
maintain the child's physical and mental health, including,
but not limited to, food, nutrition, clothing, shelter,
supervision, medicine, and medical services that a prudent
person would consider essential for the well-being of a
child; or
2.
A caregiver's failure to make a reasonable effort to
protect a child from abuse, neglect, or exploitation by
another person.
Neglect of a child may be based on repeated conduct or on
a single incident or omission that results in, or could
reasonably be expected to result in, serious physical or
The definition of child neglect gives examples of care, supervision and services necessary
to maintain the child's physical and mental health, but does not limit the duty to provide
care, supervision and services to those examples. Any failure or omission, however,
must be one that a "prudent person" would consider essential for the well-being of a
child.
The information has put each defendant on notice that the State is alleging a
failure or omission to provide proper care, supervision and services, based on the
objective standard of a "prudent person." Deciding whether a defendant failed to provide

proper care for the victim is a factual determination to be made by the jury, and is limited
only to the "prudent person" standard. The law does not require the State to select
specific failures or omissions. The information in this case has put the defendants on
notice that their conduct is alleged to have been a breach of the duty to provide essential
care to the victim, and that their conduct as caregivers will be judged by the finder of fact
based on the objective standard of a "prudent person." Therefore, the information
provides sufficient information to notify the defendants of the allegation and enable the
preparation of a defense.
Moreover, most of the incident in question in this case was observed and recorded
on videotape. Reports about the incident were written by some of the defendants. All
defendants have been interviewed about the incident and given statements. It is unlikely
that there will be much dispute as to what each defendant did or did not do during the
incident. As a result, the danger of unfair prejudice or surprise is minimal in this case.
Ground Three
The third ground asserts that the information fails to inform the defendant of the
particulars of the allegation that the defendant failed to make a reasonable effort to
protect Martin Lee Anderson from abuse, neglect or exploitation by another person. The
motion alleges that the information fails to inform the defendant of the particulars of the
offense sufficiently to enable the defendant to prepare a defense. This ground is merely a
The information puts the defendants on notice that they are accused of neglecting
Martin Lee Anderson, a child that was in their care, and causing his death as a result of
that neglect. Accordingly, the information includes language from the Child Neglect
statute, Florida Statutes 827 .03(3). Not only is it unlawful for a caregiver to fail to
provide the care essential for the well-being of a child, but it is also child neglect when a
caregiver fails to protect a child from abuse or neglect by another person. The
information advises each defendant that they are charged with both methods of child
neglect, in the alternative. Charging alternative allegations in an information is
authorized under Rule 3.140(k)(5), Florida Rules of Criminal Procedure.
The third ground also requests that the court order the prosecution to provide the
identity of the "another person" referenced in the information. Florida Statutes
827.03(3) holds caregivers responsible for protecting a child in their care from harm
inflicted by another person. The statute is not limited to a specific person, and does not
require that the person who harmed the victim be identified. The standard jury
instruction for Child Neglect does not require "another person" to be named, but simply
uses the term "another person." Therefore, it is not necessary for the State to specify or
provide the identity of "another person."
As has previously been discussed, the incident in question was recorded on
videotape, and all defendants have given statements describing the event. There is no
doubt that all defendants are aware of the identity of everyone involved in the incident.
The request to have "another person" identified in a statement of particulars fails to
demonstrate that this information is necessary to prepare a defense to the crime charged.
CONCLUSION
The incident in question involves multiple defendants who were responsible for
the well-being of the victim. All defendants interacted with the victim and each other
during the incident. Each defendant is fully aware of the conduct of all involved in this
case. The question to be resolved by a jury is whether the conduct of each defendant was
criminally negligent, as alleged by the State. The information adequately puts the
defendants on notice that the State has alleged that the defendants were caregivers of
Martin Lee Anderson and the conduct of each was culpably negligent, constituted child
neglect, and caused the death of Martin Lee Anderson. The information is sufficient to
enable the preparation of a defense, and no additional information is required to put the
defendants on notice of the charges, or to prevent prejudice or surprise.
Under Rule 3.140(n), when a statement of particulars is ordered by a court, the
statement of particulars is limited to date, place and material facts. The motion for a
statement of particulars in this case requests explanations and prosecution theories. This
is tantamount to a request to have the Court order the prosecution to argue this case in
writing before trial. A statement of particulars should not be used as a device to force the
prosecution to articulate legal theories and argue inferences from the evidence. The law
only requires a statement of particulars if necessary to prevent a lack of notice, prejudice,
surprise, or the inability to prepare a defense.
The information in this case provides adequate notice of the crime charged for the
defendants to prepare a defense. Furthermore, the evidence in this case includes a
videotape of the incident, reports about the incident written by multiple defendants, and
interviews about the incident with all defendants. An extensive amount of media
attention has been given to this case. There is no doubt that the defendants are fully
aware of the conduct that is at issue in this case, and there is little danger of unfair
prejudice or surprise.
For the foregoing reasons, the Motion for a Statement of Particulars should be
denied.
I HEREBY CERTIFY that a copy of the foregoing has been furnished to Hoot
Crawford, attorney for Henry Dickens, via facsimile to (850) 872-8228, and via U.S. mail
to P.O. Box 1103, 748 Jenks Avenue, Panama City, Florida 32402, on this 21stday of
February, 2007.
MARK A.OBER
STATE ATTORNEY

Florida Bar #868523

OF FLORIDA, IN AND FOR BAY COUNTY
STATE OF FLORIDA,
Plaintiff,
Case No.: 06-4016G
vs.
Defendant.
COMES NOW, the undersigned attorney, and files this Notice of Appearance in
the above-styled cause, and requests that copies of all further pleadings be served
upon the undersigned.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S.
Mail to the Michael Sinacore, Assistant State Attorney, 800 East Kennedy Blvd.,
Tampa, Florida 33602 this
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ASHLEY S
FL BAR#
0129
COTHRAN & BENEDIK, P.A.
1004 Jenks Avenue
Panama City, Florida 32401
(850)784-2992 Fax (850)784-4773
Attorney for Defendant
IN THE CIRCUIT COURT FOURTEENTH JUDICIAL CIRCUIT

STATE OF FLORIDA,
Plaintiff,
vs.
Case No.: 06-4016G

Defendant.
WRITTEN PLEA OF NOT GUil TY

COMES NOW, the Defendant, KRISTIN ANNE SCHMIDT, by and through his
attorney, and pursuant to Rule 3.160(a), Florida Rules of Criminal Procedure, hereby
enters his written plea of not guilty, waives arraignment, and requests that the
Defendant be given twenty (20) days within which to file all appropriate motions.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S.
Mail to the Michael Sinacore, Assistant State Attorney, 800 East Kennedy Blvd.,
Tampa, Florida 33602 this ~ay
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ASHLEY ST NE B
FL BAR# 9 129
1004 Jenks Avenue
(850)784-2992 Fax (850)784-4773
FIL ED
IN THE CIRCUIT COURT FOURTEENTH JUDICIAL CIRCUIT

1001F[B
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STATE OF FLORIDA,
Plaintiff,
vs.
Case No.: 06-4016G
Defendant.
NOTICE OF DISCOVERY AND BRADY DEMAND

COMES NOW the Defendant, KRISTIN ANNE SCHMIDT, by and through his
attorney, and files herewith his Notice of Discovery and Brady Demand requiring the
prosecutor to disclose to defense counsel, pursuant to Florida Rules of Criminal
Procedure 3.220, the following:
(a)
The names and addresses of all persons known to the prosecutor to have
information which may be relevant to the offense charged, and to any defense with
respect thereto.
1)
The names of all persons described under paragraph (a) above who
the prosecutor designates as performing ministerial functions with respect to the case.
2)
The names of all persons described under paragraph (a) above
whom the prosecutor does not intend to call at trial.

3)
The names of all persons described under paragraph
(a) above whose involvement with the case and knowledge of the case is FULLY SET
out in a police report or other statement furnished to the defense.
I.J:2b
(b)
Copies of statements of any person whose name is furnished in
compliance with the preceding paragraph to include any statement of any kind or
manner made by such person and written or recorded or summarized in any writing or
recording. The term "statement" is specifically intended to include ALL police and
investigative reports of ANY kind prepared for or in connection with the case.
(c)
Copies or transcripts of any written or recorded statement and the
substance of any oral statements made by the accused and known to the prosecutor,
together with the name and address of each witness to the statement.
(d)
Copies of any written or recorded statements and the substance of any
oral statements made by a co-defendant, if there is a co-defendant in the above-styled

cause.
(e)
Those portions of any recorded grand jury minutes that contain testimony
of the accused.
(f)
Any copies or list of tangible papers or objects which were obtained from or
belonged to the accused, together with the location of said objects.

(g)
List of the information or materials or copies of any statements or other
documents which have been provided by a confidential informant.

(h)
Whether the State has engaged in any electronic surveillance, including
wire-tapping, of the premises of the accused or of conversations to which the accused

was a party; and, any documents relating thereto.
(I)
Whether there has been any search or seizure and any documents relating
thereto.
G)
Reports or statements of experts made in connection with this case,
including results of physical or mental examinations and of scientific tests, experiments

or comparisons. The term "statement " is specifically intended to include ALL police and
investigative reports of ANY kind prepared for or in connection with the case. In the
event that blood alcohol, urinalysis or breathalyzer tests should constitute a report or
statement furnished herein, in such event, furnish the following:
1)
A copy of breathalyzer/urinalysis/blood alcohol report.
2)
A copy of the radio logs of the arrest and incarcerating law
enforcement agency for the time periods for the day preceding the date of arrest, the
date of arrest, and the day following date of arrest.
3)
The maintenance logs as required by DHSMV Rule 158-3.05,
4)
A copy (front and back) of the permit issued by the Department of
paragraph 2.
Health and Rehabilitative Services under the provisions of Florida Statutes 322.261 and
322.262 to the officer who conducted the test.
(k)
Any tangible papers or objects which the prosecuting attorney intends to
use in the hearing or trial and which were not obtained from or belonged to the accused.
(I)
Any and all material now known to the State of Florida, or which through
due diligence may be learned from the investigating officers or the witnesses or persons
having knowledge of this case, which is favorable in nature to the accused or which may
lead to favorable material or which might serve to mitigate punishment, and including
any material impeaching or contradicting testimony of State witnesses or instructions to
State witnesses not to speak with or discuss the facts of the case with defense counsel.
Brady v. Maryland, 373 U.S. 83 (1963). Included in favorable material but not limited to
are the following specific requests for the following items:

1)
Any favorable material relating to guilt or punishment of the
2)
Any favorable material which impeaches prosecution witnesses.
3)
Any favorable material of prior inconsistent statements of a State or
accused.
Government witness.
4)
Any favorable material consisting of promises to witnesses of
immunity, leniency, or recommendations of specific sentence.

5)
Any favorable material consisting of promises of leniency or reward
received in other cases or investigations.

6)
Any favorable material consisting of threats to prosecute a State or
Government witness or any witness which may be called at trial.

7)
Any favorable material consisting of information as to pending
indictments, prior indictments, or prior convictions of a State or Government witness.

8)
Any favorable material consisting of information regarding a State or
Government witness's interest, motives, prejudices, hostilities, means of obtaining

knowledge, power of memory, way of life, or associations.
9)
Any favorable material consisting of information that an eyewitness
identified someone other than the accused as the perpetrator even though that witness
shall not or will not be called by the State or Government.
10)
Any favorable material consisting of descriptions of the perpetrator
which do not match the accused.

(m)
Please furnish copies of all documentary evidence as required above to
the undersigned by United States Mail. The undersigned will pay, upon receipt,
reasonable costs of copying and reproduction of the documentary evidence (excluding
photographs). All of this documentary evidence should be furnished prior to any
depositions of any persons involved in this cause. It shall be presumed that the
prosecutor shall perform the foregoing obligations and furnishing of said copies as
aforesaid by U.S. Mail and that manner is mutually agreeable to the prosecutor and
defense counsel absent of objection from the prosecutor within fifteen (15) days of
service of this written demand by the defendant's attorney.
In the event this motion is filed prior to any information or indictment being filed,
then, upon the filing of the information or indictment by the assistant state attorney or
state attorney, this motion is automatically renewed by such filing and the undersigned
attorney is bound by the reciprocal provisions of Rule 3.220, Florida Rules of Criminal
Procedure. The purpose of the filing of this motion is to allow the assistant state
attorney or state attorney having jurisdiction of this matter to proceed expeditiously, and
to place the assistant state attorney or state attorney on notice that such demand will
and is being made.
By the execution and filing hereof by either the defendant or his attorney, same
shall constitute a certification that the signer has read this notice and that to the best of
the signer's knowledge, information or belief, that it complies with the certification
required by Rule 3.220(n)(3), Florida Rules of Criminal Procedure.
ONE BENEDIK
129
COTH~
& BENEDIK, P.A.
1004 Jenks Ave
(850)784-2992 Fax (850)784-4773
I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. Mail
to the Michael Sina~ssistant
State Attorney, 800 East Kennedy Blvd., Tampa,
Florida 33602 this __
ay of February, 2007.
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

F IL ED
1001
FEB22 P 4: 2b
STATE OF FLORIDA
Plaintiff,
v.
CASE NO.: 06-4016G
H,\ROLn B,\ZZtL
CLERKOF C!RCU!lCOURT
BAYCOUNlY. Fl u;rn)A

JUDGE: MICHAEL C. OVERSTREET
Defendant.
MOTION FOR ORDER APPROVING COSTS FOR A PAPER COPY OF DISCOVERY

COMES NOW, Ashley Stone Benedik, as the private court-appointed attorney in the aboveentitled cause, and files this Motion for Order Approving the Cost for a paper copy of the discovery in
this case and in support thereof, states as follows:
The discovery in this case is being provided from the State in the form of multiple CD-RO Ms. It
is necessary for the Defense to have the discovery printed on to paper so that the Defense can properly
review the documents and prepare for trial. The Defense has received a quote (attached as Exhibit A)
from Allegra Printing for the costs of printing the 21,654 pages of discovery which amounts to a total of
$933.78. These costs are above and beyond the ordinary business expenses of the court-appointed
attorney and therefore the Defense is requesting that the Court require the Justice Administration
Commission to pay for these copy costs.
WHEREFORE, it is respectfully requested that the Court enter an order approving the cost for a
paper copy of the discovery in the above case.
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Order
Approving Costs for a Paper Copy of Discovery has been served by U.S. Mail to the Justice
Administrative Commission, P.O. Box 1654, Tallahassee,,.
Administrative Commission (850)488-8944 on this
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32302 and/or Facsimile to the Justice

day of~007.
Florida B
Cothran & Benedik, P.A.
1004 Jenks Avenue
(850)784-2992
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Date: 02/22/07
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IN TIE CIRCUIT COURT OF TI 14TH JUDICIAL CIRCUIT

BAY COU,CTY, FLORIDA
1 E
STATE .CF FLORIDA
vs
SCHMIDT, KRISTIN ANNE
CASE NO<S>:
06004016CFM6
I ACKNOWl..EDGE THAT:
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FAILURE TO COMPLYWITH f:tNt OF TIE ABOVE REQUIREMENTSMAY RESlL.T

IN A CAPIAS FOR MY ARREST AND INCARCERATION WITHOUT BOND UNTIL TRiiAI...
WITNESS Y hand
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IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUITF'

LED
1001
FEB2b p I.J:3q
STATE OF FLORIDA
Plaintiff,
CASE NO.: 06-40160
V.
Hf~ROLO
8,'.ZZEL
CLERKOF CIRCUJ
r COURT
BAY COUNTY.FLOHIOA

Defendant.
MOTION FOR ORDER APPROVING COSTS FOR DISCOVERY OF CD-RS, DVDS AND
RELATED EXPENSES
COMES NOW, Ashley Stone Benedik, as the private court-appointed attorney in the aboveentitled cause, and files this Motion for Order Approving the Costs for CD-Rs and DVD-Rs and related
expenses for the electronic media discovery in this case and in support thereof, states as follows:
Additional discovery in this case is contained in the form of CDs and DVDs. The State is
requesting approximately 70 CD-Rs and 50 DVD-Rs to make copies of the discovery contained in digital
media in this case. This digital media is additional discovery and separate from the previously requested
paper discovery. It is necessary for the Defense to have a copy of the digital media discovery so that the
Defense can properly review the digital media and prepare for trial. The Defense has ordered and paid
$90.73 for the costs of blank DVD-Rs and blank CD-Rs, as well as paper CD envelopes and binder
sheets to store the CDs and DVDs from Office Depot.(Exhibit A) These costs are above and beyond the
ordinary business expenses of the court-appointed attorney and therefore the Defense is requesting that
the Court require the Justice Administration Commission to reimburse the attorney for these costs.
WHEREFORE, it is respectfully requested that the Court enter an Order approving the Costs
for CD-Rs and DVD-Rs and related expenses for the electronic media discovery in the above case.
Approving Costs has been served by U.S. Mail to the Justice Administrative Commission, P.O. Box
1654, Tallahassee, FL 32302 and/or Facsimile to the Justice Administrative Commission (850)488-8944
on this
~b";i;.y
of ~2007.
Florida Bar
1004 Jenks Avenue
(850)784-2992
. Office Depot - Office Supplies, Furniture, Technology
Page 1 of 1
Sht-k
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Thank you for ordering from Office Depot!
fJh---L/ol~ G
Order Info
Shipping Info
COTHRAN & BENEDIK PA
1004 JENKS AVE
PANAMA CITY, FL 32401-2437
USA
(850) 784-2992
Payment Info
Credit Card
************6893
Billing Info
COTHRAN & BENEDIK PA
1004 JENKS AVE
USA
Member Number::1104944374
Order Number: 377204351-001

Order Date
02/23/2007
Cart Item
DVD+R,OD,50-PK,SPINDLE
Item # 679808
CD-R,0D,52X,50-PK,SPINDLE
Item # 678120
Delivery Date
Order Total
Subtotal:
Delivery Fee:
$39.97
$0.00
$0.00
$2.60
$42.57
0212612007
08:30 AM - 05:00 PM Coupon:
Taxes:
Total:
Our
.
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Price/Units Quantity Ordered
$9.99/PK
$14.99/PK
Extended
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$9.99
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Order Number: 377204614-001

Order Date
02/23/2007
Cart Item
CD/DVD,BINDER,SHEETS,25/PK
Item # 544087
ENVELOPE,CD,50BX,COLOR
Item# 931101
Delivery Date
Order Total
Subtotal:
Delivery Fee:
$45.22
$0.00
$0.00
$2.94
$48.16
0212612007
08:30 AM - 05:00 PM Coupon:
Taxes:
Total:
Our Price/Units
Quantity
Back
Ordered
Extended
Price
$32.84/PK
$32.84
$6.19/BX
$12.38
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do ?store Code=
2/23/2007
Fl LED
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STATE OF FLORIDA
2b p ti: 3q
HAROLD
8,\lZE~Cl ERKOF CIRCUIT
COURT
BAYCOUNTY.
FLORID,'\
Plaintiff,
CASE NO.: 06-4016G
V.

Defendant.
AMENDED MOTION FOR ORDER APPROVING COSTS FOR AP APER COPY OF

DISCOVERY
COMES NOW, Ashley Stone Benedik, as the private court-appointed attorney in the aboveentitled cause, and files this Motion for Order Approving the Cost for a paper copy of the discovery in
this case and in support thereof, states as follows:
The discovery in this case is being provided from the State in the form of multiple CD-RO Ms. It
is necessary for the Defense to have the discovery printed on to paper so that the Defense can properly
review the documents and prepare for trial. The Defense has received a quote (attached as Exhibit A)
from Allegra Printing for the costs of printing the 21,654 pages of discovery which amounts to a total of
$876.79 (The amended amount deletes the sales tax from the original total.). These costs are above and
beyond the ordinary business expenses of the court-appointed attorney and therefore the Defense is
requesting that the Court require the Justice Administration Commission to pay for these copy costs.
paper copy of the discovery in the above case in which the Justice Administration Commission directly
pays the vendor Allegra Printing $876.79.
Approving Costs for a Paper Copy of Discovery has been served by U.S. Mail to the Justice
Administrative Commission, P.O. Box 1654, Tallahassee, FL 32302 and/or Facsimile to the Justice
Administrative Commission (850)488-8944 on this~ay
of,..-:-P!~'.:.ni!~~'
edik, P.A.
l 004 Jenks Avenue
(850)784-2992
02/ 23/07
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BEA.CH
ST.ANDREWS
7902 From BeachRoad

, Paru1niaC:ity, FL 32401
850,747.9000
Panama City Beach, FL 32407
850.234.6101
850.233.1834 Fax
850.747.9119 fa:x;
Invoice
www.alleg.rapc.com
No: 18583
[.
Date: 02/23/07
Ship To:
Monica Cothran
Cothran& Benedlk, P.A.
1004 Jenks Avenue
< Same as Bill To >

CUsto~r Pickup 3/3/2007
Fax: 850-784-4773
-~
ytigation
Copies: Bt>ot
~~mp
Case (21'654 c:.licks/set)
816.79
Postage
876.79
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TOTAL
933.78
Subtotal
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Tax
.56.99
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Receivedby:----~~-'-----
Date:_/_/
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Please rJmit to:All,gra Print & Imaging, 2505W
BALANCE
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c.o.o.
15thst.,.Paoarna~ity;.fll. 32401
Alle9'\lPrint&lmaging2rsoswe11t15thStrNt
PanamaCltyFL32401
(850)747.QOOO
FEB 23, 2007
11: 33
ALLEGRA PRINT
(print# 1)
&
850
747
9119
Page

STATE OF FLORIDA,
Plaintiff,
CASE NO(S): 06-401 SG
vs.
n
cor-
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-<::0 ::r:
("')::,,::P
KRISTIN SCHMIDT,
Defendant.
_____________
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DEMAND FOR ADDITIONAL DISCOVERY
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COMES NOW, the Defendant, by and through the undersigned attorney in t6> abovecaptioned cause, and gives notices to the prosecuting attorney in this case that the Defendant
elects and intends to avail herself/himself of the discovery process, including the taking of
discovery depositions, as provided by Rule 3.220, Florida Rules of Criminal Procedure, and in
addition specifically requests the following:
1. PLEASEPROVIDEA COPY OF ANY AND ALL CD-R'S PERTAININGTO THE ABOVE

CASE.
2. PLEASE PROVIDE A COPY OF ANY AND ALL DVD'S PERTAININGTO THE ABOVE
CASE.
I HEREBY CERTIFY that a copy of the foregoing has been furnished to Michael Sinacore
Assistant State Attorney, 800 East Kennedy Blvd., Tampa, Florida 33602, by U.S. Mail/Hand
Delivery, thi~day
of February, 2007.
ASHLEY$
NE
FL BAR# 98 12
COTHRAN
NEDIK, P.A.
1004 Jenks enue
(850)784-2992 Fax (850)784-4773
IN THE CIRCUIT couRT, FOURTEENTH JUDICIAL cIRc.f.+

LED
ZOUl
FEB28 P i: 2b
STATE OF FLORIDA,
Plaintiff,
Case No.:
H:,FO:_t! [J,\ ZZfl

..CU:RKOF CIRCUil r'.OURl
06-4Uf3{Ay
COUNlY. ; l Oi@;,
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH
06-4016CFMF
06-4016CFMG
06-4016CFMH
Defendant.
ORDER GRANTING DEFENDANTS' COLLECTIVE MOTION FOR

STATEMENT OF PARTICULARS
This Court being fully advised and having reviewed both the Defendants' Motion
and the State's response and after carefully considering the oral arguments presented in
open court, does hereby GRANT the Defendants' Motion for Statement of Particulars.
It is hereby ORDERED and ADJUDGED that the State will furnish each
individual Defendant with a Statement of Particulars which will allege specific facts as
they relate to each individual defendant's conduct, or non-conduct, which the State
believes constitutes a, " ... failure or omission to provide Martin Lee Anderson with the
prudent person would consider essential for the well being of a child ... "
The State shall also include in the Statement of Particulars specific facts as they
relate to each individual defendant's conduct, or non-conduct, which the State believes
constitutes a," ... failure to make a reasonable effort to protect Martin Lee Anderson from
abuse, neglect, or exploitation by another person ... "
The Court hereby orders the State to file their Statement of Particulars as to each
individual defendant by March 22d, 2007.
DONE AND ORDERED at the Bay County Courthouse, Panama City, Florida,
this
'::li'day of February, 2007.
~-HONORABLE MICHAEL OVERSTREET

CIRCUIT JUDGE
Copies furnished to:
Honorable Michael Sinacore, Assistant State Attorney
James H. White, Attorney for Raymond Hauck
Robert Pell, Attorney for Joseph Walsh

Ashley Benedict, Attorney for Kristen Schmidt
Hoot Crawford, Attorney for Henry Dickens
Walter Smith, Attorney for Charles Enfinger

STATE OF FLORIDA
Plaintiff,
Case Number: 06-4016CFMA
vs
,..__,
=
=
HENRY DICKENS
CHARLES ENFINGER
_,
RAYMOND HAUCK
u
KRISTIN SCHMIDT
JOSEPH WALSH II,
er
Defendants.
PROTECTIVE ORDER
Upon motion by the State requesting a limitation on disclosure of certain discovery

materials, it is hereby ORDERED:
The discovery documents labeled and numbered as per the attached and incorporated
exhibit titled "Discovery Documents for In Camera Review" shall be released to the defendants
in this case. However, the documents and their contents shall be available only to the state, the
defendants, their attorneys, the attorneys' employees, agents or co-counsels, unless otherwise
permitted by this court. Counsel and their clients shall use their best efforts to ensure that the
confidentiality of said materials is maintained at all times.
DONE AND ORDERED this
2 ~ day of February, 2007.
MICHAEL C. OVERSTREET,
CIRCUIT JUDGE
,.,
rm

Page
Description
607-1256
1264-1267
Commitment Order
1268-1270
1273-1276
1281-1286
1291-1294
1295-1299
1230A-1232A
1233A-1246A
1247 A-1248A
1249A-1251A
1252A-1256A
1257A-1266A
1267A-1276A
1282A-1285A
Commitment Order
1286A-1288A
Commitment Summary
1289A-1290A
Victim Notification
1291A
1292A-1295A
3789-4443
4444-4471
4588A-4619A
4638A
4639A-4659A
4660-4672
4680-4682
4711-4768
4769-4816
4827-4829
4857-4859
4680-4682
4906-4912
4942-4948
5487-5490
17273-17431
18000-18010
18021-18030
19236-19239
19240-19248
DJJ Health History
19311-19314
19315-19321
22984-23018
23412-23480
23633-23636
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDlCIAL CIRCUIT

fN AND FOR BAY COUNTY, FLORIDA
STATE OF FLORIDA
Plaintiff,
CASE NO.: 06-40I6G
V.

Defendant.
AMENDED ORDER APPROVING COSTS FOR AP APER COPY OF DISCOVERY

THIS CAUSE having come before the Court upon the Motion for Order Approving Costs for a
Paper Copy of Discovery, filed by Attorney Ashley Stone Benedik for the representation of KRISTIN
ANNE SCHMIDT, an indigent person, in the above entitled cause; and
The Court having reviewed the motion and exhibit provided and finding that costs to print the
paper discovery in the amount of $876.79 for 21,654 pages is not a normal business expense for the
court-appointed attorney and that a paper copy of the discovery is necessary in order for the proper
defense of the case it is
ORDERED AND ADJUDGED that the Motion is hereby Granted and the costs to obtain a
paper copy of the discovery shall be borne by the Justice Administrative Commission and paid directly to
Allegra Printing .
DONE AND ORDERED at Panama City, Bay County, Florida this
---JL-.C-'=""",--'
2r
day of
2007.
Honorable Michael C. Overstreet

Circuit Judge
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ST ATE OF FLORIDA
Plaintiff,
CASE NO.: 06-40160
V.
tl\1111
CFMG

Defendant.
ORDER APPROVING COSTS FOR CD-Rs AND DVDs AND RELATED EXPENSES
THIS CAUSE having come before the Court upon the Motion for Order Approving Costs for
CD-Rs and DVD-Rs and related expenses, filed by Attorney Ashley Stone Benedik for the representation
of KRISTIN ANNE SCHMIDT, an indigent person, in the above entitled cause; and
The Court having reviewed the motion and exhibit provided and finding that costs of the CD-Rs
and DVD-Rs and storage containers in the amount of $90. 73 is not a normal business expense for the
court-appointed attorney and that a copy of digital media and storage containers is necessary in order for
the proper defense of the case it is
ORDERED AND ADJUDGED that the Motion is hereby Granted and Ashley Stone Benedik
(Cothran & Benedik, P.A.) shall be reimbursed for the abovestated expenses in the amount of $90.73 by
the Justice Administrative Commission within thirty (30) days of the signing of this order ..
~ DONE AND
ORDERED at Panama City, Bay County, Florida this
_2_Y
__
day of
-~,2007.
c:::::::
----

Circuit Judge
.,.,
r
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a
_.
IN THE CIRCUIT COURT OF THE 14THJUDICIAL CIRCUIT

STATE OF FLORIDA,
CASE NO.: 06-4016G

V.

Defendant.
------------
JUSTICE ADMINISTRATIVE COMMISSION'S RESPONSE TO

DEFENDANT'S MOTION FOR ORDER APPROVING COSTS FOR
A PAPER COPY OF DISCOVERY
COMES NOW, the Justice Administrative Commission ("JAC"), by and through the
undersigned attorney and files this response to the Defendant's Motion for Order
Approving Costs for a Paper Copy of Discovery, and responds as follows:
1.
Per the motion, Counsel received discovery on CD-ROMS rather than on paper.
2.
Counsel seeks to have the JAC pay for the photocopying costs of transferring the
information on the CD-ROMS to paper.

3.
Under the Fourteenth Judicial Circuit Indigent Services Committee (ISC)
Guidelines, photocopying is considered part of office expenses. Paragraph 17 of the

("')
CD
ISC Guidelines provides as follows:
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Court appointed counsel shall be compensated at an hour~~;

1
rate of $100 for in and out of court legal services for those:-<~
s:o
<.n
--.,c: ,,..
cases that they are under appointment up to the statutory :::::::;~ )>
caps set by section 27.5304, Florida Statutes. This rate is~g~
9?
inclusive of normal business expenses such as photocopies;5
postage, and such other expenses as may be reasonably ....,
...J
considered as an office expense.
(Emphasis supplied.)
4.
In that photocopies are considered normal office expenses under the ISC
Guidelines, the JAC objects to the motion.
m
C,
..
5.
Although Counsel has asserted that it is necessary to have the discovery printed
on paper, Counsel has not explained why it is necessary to do so. In that the
documents contained on the CD-ROMS can presumably be viewed through the use of a
computer, Counsel has not provided sufficient justification as to why those documents
need to be printed on to paper.
6.
The JAC does not request to participate in any hearing set on this motion.
However, should the Court require additional input from the JAC, the undersigned may
be reached toll-free at (866) 355-7902.
WHEREFORE, the JAC requests this Court deny the Motion for Order Approving Costs
,
for a Paper Copy of Discovery.

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by facsimile and U.S. Mail on this "2ll- day of February, 2007, to: the
Honorable Michael C. Overstreet, Main Courthouse, 300 East 4th Street, Panama City,
Florida 32401, fax 850-747-5159; and Ashley Stone Benedik, 1004 Jenks Ave.,
Panama City, FL 32401, fax 850-784-4773
~aJ?--
Assistant General Counsel

Justice Administrative Commission
P.O. Box 1654
Tallahassee, FL 32302
Tel.: 850-488-2415 / Fax: 850-488-8944
Florida Bar No.: 0134831

STATE OF FLORIDA
06-4016CF
CASE NO.:
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
THE
written
Request
Criminal
STATE
for
Procedure,
OF
FLORIDA,
Discovery,
files
in
response
pursuant
the
to
following
Rule
Additional
to
3.220
defense
counsel's
Florida
Rules
Discovery
in
of
this
case:
Category
B Witnesses
pursuant
to
Rule
3.220
(b) (1) (A) (ii),
F.R.CR.P.:
Dr. Nikolaus
Gravenstein
Dept.
of Anesthesiology
University
of Florida
P.O. Box 100254
Gainesville,
FL 32610-0254
c)
Dr. Martin
Steinberg
Center
of Excellence
Boston Medical
Center
88 E. Newton Street
Boston,
MA 02118
c:., ,--
::c,.r.i
in
Sickle
Cell
Disease
-< ::,;i ::I:

C")
::x;
C)
3.c;:;
~~CJ
1iC>
c--r,,,
Rex Uberman
(Formerly
with Department
8200 Neely Drive
Austin,
TX 78759
911 Records
Bay County
Custodian
Sheriff's
>
::,;i
C:,Cl
c:-,,
Office
Juvenile
Justice)
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Pursuant
to Rule 3.220{b)(l)(C),
Procedure,
written,
recorded
Charles
Florida
and/or
oral
Pursuant
reports
by Dr.
Nikolaus
Report
by Dr.
Martin
Additional
Pages
Keene
to Rule 3.220(b)(l){J),
by experts:
or statements
Report
Avenue,
Deputy
Public
Street,
P.O.
attorney
Docwnents
Provided:
through
James
Avenue,
Jr.,
Jonathan
at
1004
Jenks
attorney
Patrick
Garrett,
at
Jr.,
Post
Florida
Avenue,
Procedure,
provided).
attorney
Office
Box
for
Panama
430,
Raymond
Panama
Walter
at
Hauck,
at
32401;
for
4th
Sombathy,
229
for
Florida
McKenzie
Charles
32402-0327;
527 Jenks
Kristin
and
748
East
City,
Florida
attorney
Florida
115
attorney
at
at
B. Smith,
Robert
City,
Jr.,
Discovery
Dickens,
Panama
Graham,
McFadden,
City,
32402;
32402-0580;
Box
Benedik,
Henry
Enfinger,
Waylon
Henry
Additional
for
Charles
for
327,
Ashley
foregoing
Florida
P.O.
32401;
32401;
Criminal
provided).
Florida
Florida
attorney
the
City,
for
City,
at
report
attorney
Panama
Panama
City,
of
Crawford,
Box 580,
Dingus,
City,
a copy
Box 1103,
H. White,
of
24359.
Hoot
Defender,
Panama
Helms,
to
P.O.
for
32402;
Panama
accused:
Mike Gibson.
(CV and report

(CV and
24225
furnished
Rules
Steinberg

been
and Detective
Florida
Gravenstein
Discovery
numbered
Jenks
Criminal
of the
Enfinger
Interview
by Detective
Charles
(Pages numbered
23579-23592).
has
Rules of
statements
Robert
Avenue,
Schmidt,
Pell,
attorney
Panama
for
City,
Joseph
Florida
Walsh
32401,
II,
at
via
514
U.S.
Magnolia
mail,
on
Avenue,
this
6th
P.O.
day
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
'
C. SINACORE
Box
of
651,
March,
..
----- 0
FILED
IN THE CIRCIBT COURT OF THE FOURTEEN JUDICIAL CIRCIBT

CASE NO.:
06-4016CF
2001
!~AR
20 A iO ~O
H,\ROLO[',\ZZf!
c~i~\g~NCT/RycuF,r
COURT
LORIO:.
06-4016CFMA
06-40 l 6CFMB
06-40 l 6CFMC
06-4016CFMD
I
K
06-40 l 6CFMF
06-4016CFMG
06-4016CFMH
ISTIN SCHMIDT
JO EPH WALSH II
I
i'
V
1'
STATEMENTOF PARTICULARS
THE ST ATE OF FLORIDA,by and through the undersigned Assistant State
A tomey, hereby provides a Statement of Particulars in this cause. The State alleges that
manner in which the defendants did fail or omit to provide
with
p dent person would consider essential for the well-being of a child, and the manner in
w ich the defendants did fail to make a reasonable effort to protect
m abuse, neglect or exploitation by another person, are as follows:
enry Dickens did fail to allow
to recover from physical exertion.
enry Dickens did fail to allow
to inhale sufficient oxygen.
enry Dickens did assist Joseph Walsh II in depriving

y providing Joseph Walsh II with ammonia.
of oxygen,
enry Dickens did fail to protect

from being deprived oxygen by
oseph Walsh II,
, Raymond Hauck and
.,
As 'o CharlesEnfinger:
i
!
chJr~es Enfinger did fail to allow

exeftion.
to recover from physical
Chr-lesEnfinger did fail to allow
Ch les Enfin er did assist Joseph Walsh II, Patrick Garrett, Raymond Hauck and
in depriving
of oxygen, by restraining and
t.
Ch Jes Enfinger~ect
Jos ph Walsh Il,-Raymond
Hauck and
1:
f
f
o inhale sufficient oxygen.
d assist Joseph Walsh II, Raymond Hauck and

f oxygen, by restraining and applying force t
of oxygen.
"d fail to protect-
Jo eph Walsh II, Raymond Hauc~

J
If
f
'
R ymond Hauck did allow drill instructors to improperly apply ammonia on juveniles.
R ymond Hauck did fail to allow
R ymond Hauck did fail to allow
R' ymond Hauck did deprive
of oxygen.
aymond Hauck did fail to protect

and._.
\
1
r
did allow drill instructors to improperly apply ammonia on juveniles.

from being deprived oxygen
of.oxygen.
did fail to provide medical personnel with information necessary to
nose and treat

did assist Joseph Walsh II
nd Raymond Hauck in
of oxygen, by restraining and applying force to
did fail to protect

ox gen by Joseph Walsh II,
from~
Raymond Hauck and~
As o Kristin Schmidt:
Kri tin Schmidt did anow drill instructors to improperly apply ammonia on juveniles.
Kri tin Schmidt did fail to allow
Kri tin Schmidt did fail to allow
Kri tin Schmidt did fail to properly assess the physical and medical needs o~
stin Schmidt did assist Joseph Walsh II,

in depriving
Raymond Hauck and
of oxy~,
, Raymond Hauck anc ]

b~ providin~ Joseph Walsh II,
with ammoma.
stin Schmidt did fail to properly monitor the physical and medical effects onof exercise, deprivation of oxygen, and physical interaction with Joseph
W lsh Il, Charles Enfinger
enry Dickens, Raymond
H uckand
stin Schmidt did fail to provide necessary medical care to
stin Schmidt did fail to properly control and supervise the application of ammonia to
, and did allow the improper application of ammonia to
gJ q
stin Schmidt did allow Joseph Walsh II, f P!d
o deprive
of oxygen.
S, Raymond Hauck an
stin Schmidt did fail to protect

Jo eph Walsh Il,
Raymond Hauck and
stin Schmidt did fail to provide medical personnel with information necessary to
di gnose and treat

of oxygen.
Raymond Hauck and
of oxygen, by restraining and applying force to-
in
Jo eph Walsh ITdid fail to protect

Raymond Hauck and
rn THECIRCUITCOURT
OFT!-14THJUDICIAL
C'!RCillT
BAY
COUHTY,
FLORIDA
1
Divisfon: 00
Judge: Ol.!ERSTREET
MIC~
Clerk:--------~
- 'llr ,..~~tion
Off: ______________
Col;rt Reorter: _____
_.,:.
St<1.teAttorney: MAF.t:
A
( l,
r&{~
Attorney: FIENEDH::
AGHLEY
STQNE
State Of Florida vs SCHMID
, . TSfIN~
!'P.fendantin r.ustt<1ly?YES[ J NO@{,lk.lte: 03/2N2f>()7
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NO:06004016CFM6CHARGE
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TN THE Clh'.ClJIT
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BAY COUNTY., FL.Ofdl)(.\
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F?HLUF,:E TD COMPLY WITH ANY OF THE ABOi..iE RECRJIHEMENTB

Mt-1Y' R~:.BUl...1'
IN A (:t1Plf~S FDR MY t1RRE:.ST AND INCf~1RCERf!TIDN
JITHDUT BDND, UN'J:Il. '.TJ=i'
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DATE: 03/20/2007
PANAMA CITY FL 32401
NOTICE TO APPEAR
Re:
State
of
Case No.
Charge(s)
You are hereby

scheduled
for:
This
is
your
Florida
06004016CFMG
AGGRAVATEDMANSLAUGHTEROF A CHILD
notified
that
PRETRIAL
the
above
styled
NOTICE TO APPEAR ON 06/19/2007
at
has
15:30
the
of
the
CRTHOUSE 2ND FLOOR - WEST, PANAMACITY FL 32401
If
this
office
can
OVERSTREET MICHAEL C (DIV G) in
be of
further
HAROLD BAZZEL
Circuit
and County
assistance
please
been
pm
before
Honorable
Clerk of
Honorable
case
Courtroom
advise.
Court
NOTICE REGARDING THE AMERICANS WITH DISABILITITES

ACT OF
1990. In Accordance
with the Americans
With Disabilities
Act,
If you are a person
with a disability
who needs any
accomodation
in order
to participate
in this
proceeding,
you
are entitled,
at no cost
to you, to the provision
of certain
assistance.
Please
contact
Jennifer
Wells at (850) 747-5327
within
2 working
days of your receipt
of this
NOTICE TO
impaired,
call
1-800-955-8771;
if
you are voice
impaired,
call
1-800-955-8770.
DATE: 03/20/2007
TO: ASHLEY STONE BENEDIK
1004 JENKS AVE
PANAMACITY FL 32401
NOTICE TO APPEAR
Re:
State
of
Case No.
Charge(s)
You are hereby

scheduled
for:
This
is
your
Florida
06004016CFMG
OF A CHILD
AGGRAVATEDMANSLAUGHTER
notified
that
PRETRIAL
the
above
styled
Honorable
case
at
has
15:30
pm
before
the
of
the
CRTHOUSE2ND FLOOR - WEST, PANAMACITY FL 32401
If
this
office
Honorable
Clerk of
can
OVERSTREETMICHAEL C (DIV G) in
be of
further
HAROLD BAZZEL
Circuit
and County
assistance
please
been
Courtroom
advise.
Court
, ) NL ~ ,
'~G
Dputy
Clerk

ACT OF
1990. In Accordance
with the Americans
With Disabilities
Act, If you are a person
with a disability
who needs any
accomodation
in order
to participate
in this
proceeding,
you
are entitled,
of certain
assistance.
Please
contact
Jennifer
Wells at (850) 747-5327
within
2 working
of this
NOTICE TO
impaired,
call
1-800-955-8771;
if
you are voice
impaired,
call
1-800-955-8770.

Plaintiff,
vs.
Case No.:06-4016G
KRISTIN SCHMIDT,
Defendant.
NOTICE OF WAIVER OF PRESENCE OF DEFENDANT
COMES NOW, the Defendant, KRISTIN SCHMIDT, pursuant to Rule 3.180,
Fla.R.Crim.P. (2003), and waives her presence at any Motion or Pre-Trial hearings subsequent
to the date of the filing of this notice.
The Defendant, KRISTIN SCHMIDT, acknowledges that her presence is required upon
any of the following:
(i)
at the beginning of the trial during the examination, challenging, impaneling, and
swearing of the jury;
(ii)
at all proceedings before the Court when the jury is present;
(iii)
when evidence is addressed to the Court out of the presence of the jury for the
purpose of laying the foundation for the introduction of evidence b~fore the jury;
r;"'., 1
(iv)
at any view by the jury
(v)
at the rendition of the verdict
(vi)
at the pronouncement of judgment and sentence, if any. ~..
and specifically agrees to be present at any of the above mentioned pro<)'Qedings.,

--1
ENEDIK, ESQ.
ENEDIK, P.A.
Florida Bar o.: 980129
1004 Jenks Avenue
(850)784-2992
I HEREBY CERTIFY that a true copy of the foregoing instrument has been furnished to
Michael Sinacore, Assistant State Attorney, 800 East Kennedy Blvd., Tampa, Florida 33602, by
Regular United States Mail this ;;,;;caay of March, 2007.
'\

?~
....,
c::,
2:~
-<::0::x:
STA TE OF FLORIDA
c"TJO
Zn'
--<-
v.
-.::::,
-<::Ow
Plaintiff,
CASE NO.: 06-40!6G
~2~>
'
-,N
~
~n;::'.::
-o
Oc:
;::.. ::c
-i
Defendant.
,,
_.
c:::,
::!:
>-
:::0
N
"'
1J
i9
m
0
co
MOTION FOR ORDER APPROVING COSTS FOR PAPER COPY OF ADDITIONAL

DISCOVERY (SUBJECT TO PROTECTIVE ORDER}
COMES NOW, Ashley Stone Benedik, as the private court-appointed attorney in the aboveentitled cause, and files this Motion for Order Approving the Cost for a paper copy of the additional
discovery(that was subject to a protective order) in this case and in support thereof, states as follows:
1. The Defendant has been declared indigent in this case and the undersigned attorney was
appointed to represent her by this Court.
2. According to the Justice Administration Commission it will not pay for copy costs because the
ISC has determined that copy costs are ordinary business expenses and should be borne by the attorney.
3. The discovery in this case is voluminous and is being provided in the form of multiple CDROMs that are in the possession of Allegra Printing and Imaging.
It is necessary for the Defense to have
the discovery printed on to paper so that the Defense can properly review the documents and prepare for
trial. If the copies are only placed on CD the Defendant will be burdened with the task of having to make
copies of thousands of pages of discovery which she does not have the funds to do so. This discovery is
in addition to the 22,000 plus pages already provided and consist of 2055 pages of documents related to
juvenile and medical records that are currently subject to a Protective Order.
4.The Defense has received a quote (attached as Exhibit A) from Allegra Printing for the costs of
printing the 2,055 pages of discovery which amounts to a total of $159.67 excluding sales tax.
5. Due the unusual and extraordinary costs associated with this case, the undersigned attonrey
contends that the costs in this case should be paid for by the Justice Administration Commission.
paper copy of the discovery in the above case in which the Justice Administration Commission directly
pays the vendor Allegra Printing and Imaging $159.67.
-~
Approving Costs for a Paper Copy of Additional Discovery has been served by U.S. Mail to the Justice
Administrative Commission, P.O. Box 1654, Tallahassee, FL 32302 and/or Facsimile to the Justice
Administrative Commission (850)488-8944 on this ~ay
of
1~,
2007.

1004 Jenks Avenue
Panama City, FL 3240 I
(850)784-2992
BEACH
ST.ANDREWS
l505 Wen [5th Street
l~nam. Gty, Fl 3l40 i
7902 Fmnt Bcacli Road

l'.u,ama City Sad,,
Fl. 32407
850.134.610 I
850.233.18.'W
Pu
850.747.9000
850.747.9119 Fu
.,.,.,,allegrapc.com
Quotation
No: 5229
Date: 03/20/07
Ashley Stone Benedlk

Cothran & Benedlk, P.A.
1004 Jenks Avenue
.
17270
I Ashley Stone Benedik
850-784-2992
..
Fax: 850-784-4773
IChervt Smith-V\lys
House
Customer Pickup
Juvenile Recordsfor Boot Camp (1858 clicks/set)

Paper
Bf\f,J - 20# White 8.5 x 11 (1858 Origs 1 -> 1)
86.30
Litigation stapledcopies (197 clicks/set)

Paper
BN,J- 20# White8.5x11 (1970ngs1->1)
73.37
I
J
]
I
I
I
I
I
I
Subtotal
I Shipping
Postage
I Tax
TOTAL
159.67
0.00
0.00
0.00
159.67
i
I
I
Received by
Date _1_1
__
Quotes are valid for 30 days.

Allegra Pnnt& Imaging 2505 West 15th Street Panama City FL 32401 (850) 747-9000
f:x.". A,.

STATE OF FLORIDA
Plaintiff,
CASE NO.: 06-4016G
V.

Defendant.
ORDER APPROVING COSTS FOR PAPER COPY OF ADDITIONAL DISCOVERY (SUBJECT

TO PROTECTIVE ORDER)
THIS CAUSE having come before the Court upon the Motion for Order Approving Costs for a
Paper Copy of Additional Discovery, filed by Attorney Ashley Stone Benedik for the representation of
KRISTIN ANNE SCHMIDT, an indigent person, in the above entitled cause; and
The Court having reviewed the motion and exhibit provided and finding that costs to print the
paper discovery in the amount of $159.67 for 2,055 pages is not a normal business expense for the courtappointed attorney and that a paper copy of the discovery is necessary in order for the proper defense of
the case it is
ORDERED AND ADJUDGED that the Motion is hereby Granted and the costs to obtain a
paper copy of the discovery shall be borne by the Justice Administrative Commission and paid directly to
Allegra Printing .
DONE AND ORDERED at Panama City, Bay County, Florida this ____
-----'
day of
2007.

Circuit Judge
Fri
0

STATE OF FLORIDA,
Plaintiff,
vs.
F I L ED
ZGDl
MA~I b P ll: 3b
CASE NO:
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HARQl_D
o:,zzu_
CLERKOF CIRCUllCOUHT
FLORIDA
BAYCOUN1Y.
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II,

Defendants.
TO:
Michael C. Sinacore, Assistant State Attorney

800 East Kennedy Boulevard, 3rdFloor
Tampa, Florida 33602-4148
PLEASE TAKE NOTICE that commencing at 9:30 a.m., central time, on the 22nd day of May,
2007, by telephonic communication, at the office of Professional Court Reporting Service, located
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. Thomas
Andrew, White Mountain Forensic Consulting Services, Contoocook, New Hampshire, upon oral
examination, before Professional Court Reporting Service, an official court reporter, or a Notary Public
in and for the State of Florida at Large, or some other officer duly authorized by law to take depositions.
The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or
for such other purposes as are permitted under the applicable and governing rules.
I HEREBY CERTIFY that a copy of the foregoing Notice of Deposition was mailed to the abovenamed addressee this
J.b
day of May, 2007.

TS, WHITE & GRABNER
cc: Professional
ESH. WHITE, JR.

F orida Bar No.: 309303
229 McKenzie Avenue
(850) 785-1522
ADDITIONAL SERVICE LIST
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
Assistant Public Defender
P. 0. Box 580
------------------
-----------
IN THE CIRCUIT couRT, FOURTEENTH JUDICIAL c1RcurrF

ILED
ZGOl
MAYI b P ti: 3b
STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO:
H/'d-WL[1
B;\ZZFL
CLERKOF CIRCUIT
COUHT
06-4016CFMA BAY COUNTY.
FLORIO.\
HENRY DICKENS
CHARLES EN FINGER
PATRICK GARRETT
RAYMOND HAUCK
06-4016CFMB
06-4016CFMC
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
06-4016CFMF
06-4016CFMG
06-4016CFMH
TO:

PLEASE TAKE NOTICE that commencing at 9:00 a.m., central time, on the4 1h day of June, 2007,
at the office of Professional Court Reporting Service located at 337 Magnolia Avenue, Panama City, Florida,
the Defendants will take the following depositions:
Robert Anderson
Dr. Dennis Arnold
Gina Jones
Dr. Jeffrey Appel
Chelsea Pollock
Anita Segers
at
at
at
at
at
at
9:00 a.m.
10:00 a.m.
11:00 a.m.
1:00 p.m.
2:00 p.m.
3:00 p.m.
upon oral examination, before Professional Court Reporting Service, an official court reporter, or a Notary
Public in and for the State of Florida at Large, or some other officer duly authorized by law to take
depositions. The depositions are being taken for the purpose of discovery, for use at trial, or both of the
foregoing, or for such other purposes as are permitted under the applicable and governing rules.
1.li_
day of May, 2007.
STAATS, WHITE & GRABNER
cc: Professional
SH.W
ITE,JR.
lo da Bar No.: 309303
2
McKenzie Avenue
(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580

STATE OF FLORIDA,
Plaintiff,
vs.
FIL ED
i:D01
MAYI b P 1.J:35
CASE NO:
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARRETT
RAYMOND HAUCK
~R.
KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
H,'\ROL
O fl,'\ZZEL
06-4016CFMACLERK OF CIRCUIr COUfn
OS-401SCFMB BAY COUNTY.FLORIO,\
06-4016CFMC
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
TO:

PLEASE TAKE NOTICE that commencing at 9:00 a.m., central time, on the 6thday of June,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. Vernard
Adams, Hillsborough County Medical Examiner, Tampa, Florida, upon oral examination, before
Professional Court Reporting Service, an official court reporter, or a Notary Public in and for the State
of Florida at Large, or some other officer duly authorized by law to take depositions. The deposition is
being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other
purposes as are permitted under the applicable and governing rules.
./.J:;_
day of May, 2007.
cc: Professional
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580
IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRClli!1

OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY 1
STATE OF FLORIDA,
Plaintiff,
vs.
L ED
2001
MAYI b p 4: 35
CASE NO:
H,'\ROLfl
B,'\ZZrt
OF CIRCUIT
COU!H
Oa-40
COUNTY.
FLORIO,\
1aci=ie(sT
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARRETT
RAYMOND HAUCK
06-4016C~,K
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
06-4016CFMF
06-4016CFMG
06-4016CFMH
06-4016CFMC
06-4016CFMD
TO:

PLEASE TAKE NOTICE that commencing at 4:00 p.m., central time, on the 71t1
day of June,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. Nikolaus
Gravenstein, Department of Anesthesiology, University of Florida, Gainesville, Florida, upon oral
flz_day of May, 2007.

~~-1:~~
cc: Professional
229 McKenzie Avenue

(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580
,.,

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO:
_.
HENRY DICKENS
CHARLES ENFINGER
PATRICK GARREIT
RAYMOND HAUCK
06-4016CFMA
06-4016CFMB
06-4016CFMC
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH 11,
Defendants.
06-4016CFMG
06-4016CFMH

TO:

PLEASE TAKE NOTICE that commencing at 2:00 p.m., central time, on the 2nd day of July,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. John
Downs, Tampa, Florida, upon oral examination, before Professional Court Reporting Service, an official
court reporter, or
a Notary Public in and for the State of Florida at Large, or some other officer duly
authorized by law to take depositions. The deposition is being taken for the purpose of discovery, for
use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable
and governing rules.
,..,.,
I")
J..k_
day of May, 2007.
lU
-.J
LL
JAMES H. WHITE, JR.

229 McKenzie Avenue
(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO:
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.

TO:

PLEASE TAKE NOTICE that commencing at 9:00 a.m., central time, on the 22nd day of June,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Steve J.
Martin, 8513 Adirondack Trail, Austin, Texas, upon oral examination, before Professional Court
Reporting Service, an official court reporter, or a Notary Public in and for the State of Florida at Large,
or some other officer duly authorized by law to take depositions. The deposition is being taken for the
purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are
permitted under the applicable and governing rules.
I HER EBY GERTI FY that a copy of the foregoing Notice of Deposition was mailed to the abovenamed addressee this~
day of May, 2007.

-- . '.
cf-
Cl
<(
UJ
l.f;
_J
('I
J MESH. WHITE, JR.

orida Bar No.: 309303
229 McKenzie Avenue
(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO:
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
..
IIMUO
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
TO:

PLEASE TAKE NOTICE that commencing at 9:00 a.m., central time, on the 27 1h day of June,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. Cynthia
Lewis-Younger, Medical Toxicology Consultants, 9210 Florida Palm Drive, Tampa, Florida, upon oral
N HEREBY CERTIFY that a copy of the foregoing Notice of Deposition was mailed to the abovename&address~e this~
<(
Cl
day of May, 2007.

STAA/S, WHITE & GRABNER
UJ
_J
LL
---
>-'"'-:_
<_;
cc: Professional
S H. WHITE, JR.
Fl a Bar No.: 309303
229 McKenzie Avenue
(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580
IN THE CIRCUIT couai~~

~E[)ouRTEEN
JUDICIAL CIRCUIT
OF THE STA1E Or"FLORIDA IN AND FOR BAY COUNTY
LUU-I
t-L~Y
25 A iO:51
STATE OF FLORIDA
CASE NO.:
'l :.
C:lY1<r(
v.
06-4016CF
: i
[3AY:
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
THE
written
Request
Criminal
STATE
for
OF
FLORIDA,
Discovery,
Procedure,
files
in
response
pursuant
the
to
following
to
Rule
defense
3.220
Additional
counsel's
Florida
Discovery
case:
Category
A Witness
pursuant
to Rule
Dr. Bryan Bledsoe

6420 Hayes Road
Midlothian,
Texas
76065-5235
Expert
(Names and addresses
Witnesses:
Vernard
Dr.
Thomas Andrew
Dr.
Bryan
Dr.
John
Dr.
Nikolaus
Gravenstein
Dr.
Cynthia
Lewis-Younger
have
Adams
Bledsoe
Downs
Martin
Dr.
Charles
Siebert
Dr.
Martin
Steinberg
(b) (1) (A) (i),
(CV Provided)
Dr.
Steve
3.220
been
provided)
F.R.CR.P.:
Rules
in
of
this

has
been
Jenks
furnished
Avenue,
Deputy
Public
Street,
P.O.
attorney
P.O.
Panama
Dingus,
Panama
at
City,
1004
attorney
Panama
City,
City,
Garrett,
at
32401;
Office
Box
32401;
Avenue,
Joseph
Florida
Henry
Raymond
McFadden,
Benedik,
Walsh
II,
at
32401,
via
U.S.
mail,
Walter
at
Jr.,
on this
Respectfully
at
at
527
for
Avenue,
23na day
4th
Florida
McKenzie
32402-0327;
Jenks
Avenue,
Schmidt,
Robert
P.O.
of
Box
May,
submitted,
MARK A. OBER
STATE ATTORNEY
ELC~
ISTANT STATE ATTORNEY
Smith,
Sombathy,
Kristin
and
748
East
229
Florida
32401;
Magnolia
115
City,
Hauck,
City,
at
B.
Robert
Panama
attorney
Florida
514
32402;
430,
Discovery
Dickens,
32402-0580;
Panama
City,
Henry
Enfinger,
Box
for
327,
Ashley
Panama
Florida
P.O.
Additional
for
Charles
attorney
for
foregoing
Florida
Florida
attorney
City,
for
Panama
Jr.,
Post
Florida
Jenks
for
White,
City,
at
Jonathan
580,
the
attorney
Panama
attorney
Patrick
H.
of
Crawford,
Box 1103,
Box
James
Avenue,
Hoot
Defender,
for
32402;
to
a copy
Pell,
651,
2007.
Jun
05
200?
HP LASERJET 3330
5:21PM
---
1-
-- io. 5_
IN THE CIRCUIT COURT OF THE FOURTEENTHJUDICIAL CIRCUIT

OF FLORIDA
CASE NO.:
06-4016CF
06-40l6CFMA
06-40l6CFMB
06-4016CFMD
06-40l6CFMF
06-4016CFMG
05-4016CFMH
tnr--
>rri
-<::0:r
__,
(; :x:.!.>
00:::C.J
C""'10
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~
MOTION FOR ORDER TO SHOW CAUSE
Sta
e Attorneys'
State
and request
Cau e as to any of the

inf
rmation
of Florida
to the
that
by and
this
defendants'
Honorable
the
Court
should
not
undersi~
issue
who revealed
counsel
as to why they
press
through
er
"""',c::::,
c---~-,
COMESNOW, the
-:::::C,
.....,
.. C": '-'~
)>
AssistantC::,
-::,
~ ...c:
an or.aer
tol..,Show
a-
confidential
be held
in contempt
of
cou t.
The facts
are
as follows:
Depositions
were
Panama City.
Se
ice
in
Jef
rey
Appel
in the
5( 2007,
in the
thi
Honorable
of
he Court's
Cou t to issue
rev-aled
be
eld
any
'
the
State
when defense
order
dated
February
State
of. Florida
confidential
remain
on June
(See attached
learned
ordered
an Order
Jones,
Gina
Herald
media.
Court
in contempt
LOCATION:
Anderson,
Professional
court
Reporting
Dennis
Arnold
and Dr.
S, 2007,
details
of the
deponents.
to the
depositions
WHEREFORE, the
4, 2007 at
Panama City
were revealed
On June
pre'.ent
Robert
were among the
As reported
dep'sition
on June
taken
that
News Herald
a member of the
attorneys
discussed
confidential.
28,
This
local
media
information
a clear
was
that
violation
2007.
respectfully
requests
to Show Cause to any members

information
is
Article)
to the
press
of court.
RXTIME
of the
this
Honorable
defense
as to why they
team who
should
not
rm
Jun
__f________
.......
05
2007
5:21PM
HP LASERJET
3330
f'. 6
, I HEREBY CERTIFY that

a copy of the foregoing~has been furnished
to
Avenue,
P.O. Box 1103,
Hoo Crawford,
attorney
for Henry Dickens,
at 748 Jenks
Pan ma City,
FL 33402;
Walter
B. Smith,
Deputy
Public
Defender,
attorney
for
Cha les
Enfinger,
at
1.15 East
4th
St.,
P.O.
Box 580,
Panama
City,
Florida
324 2-0580;
Robert
Sombathy,
attorney
for Patrick
Garrett,
at P.O.
Box 430,
Panma City,
Florida
32402;
James H. White, Jr.,
attorney
for Raymond Hauck,
29 McKenzie
Avenue,
Panama City,
Florida
32401;
j
g
at
at P.O.
Box
327,
Panama
City,
Florida
32402-0327;
y for Henry McFadden, Jr.,
at 527 Jenks Avenue,
Panama
Ashley
Benedik,
attorney
for
Kristin
Schmidt,
at 1004
Panama
City,
Florida
32401;
and Robert
Pell,
attorney
for
Walsh II,
at 514 Magno~~venue,
P.O. Box 651,
Panama City,
Florida
via U.S. Mail,
on this
.,... day of June,
2007.
Respectfully
Submitted,
MARK A. OBER
TE ATTOR:t-.TBY
I
i
chae
Assistant
Florida
Si.nacor
State
Attorney
Bar#:
0868523
C.
Scott
Harmon
Assistant
State
Floi~a
Bar#,
-~~
e a. J.
Assistant
Florida
Attorney
933775
lffindi
State
Bar#:
Attorney
0886440
t'
LOCATION:
,,
RXTIME 06/05 '07 15:57
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05
2007
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Ne-wsHrd.com
'It wa a death sentence' (VIDEO)

By Dav d Angier News Herald Writer 747-5077 I dangier@pcnh.com
CITY
PAN
Gina Jo es said Monday she carries the guilt of sending her son, Martin Lee Anderson, to the Bay Count
Sheriff' Office Boot Camp.
"It was death sentence," she said. "I just wanted him to come out and be on the right track to get some
help."
Anders n, 14, collapsed during a run Jan. 5, 2006. He was manhandled by drill instructors at the nowdefunct boot camp, a medium-security, military style juvenile detention facility, for about 20 minutes as
they tri d to make him comply with their orders to resume the run.
Anders n became unresponsive and was rushed to Bay Medical Center, then transferred to Sacred Heart
Hospit in Pensacola where he died the next morning.
Two m d.ical examiners split in their opinion about the cause of his death, with one saying it was from
compli ations of sickle cell trait and the other saying the guards caused Anderson to suffocate by forcing
him to . ale ammonia fumes.
Seven . ill instructors and a camp nurse are charged with aggravated manslaughter of a child, a felony tr
carries . 30-year prison term. The lawyers in the case questioned Jones and Anderson's father, Robert,
Monda in depositions that will be used to prepare their case.
!
A trial ould be scheduled later this month for August or September.

archive of articles about the Bay County Boot Camp and the Martin Lee Anderson case here.
Read
Shortly'after the discovery in the criminal case was provided to defense attorneys earlier this year, it was
found t Anderson had tested positive for sickle cell trait as a baby.
Jones s d Monday she first heard about the testing when she read about it in The News Herald. She said
she's n ver seen the test reports.
'
Attom . Bob Sombath.y banded her two discharge papers from Bay Medical Center that she received wl
she le Bay Medical Center in 1991 after having Anderson. The papers say that the state performed tests
Ander Jl.iwhich would be ready in two or three weeks.
"Did y u follow up with anybody to see why these tests were done?" Sombathy asked her.
"Idon'tremember,"
Jonesanswered.
"I neverheardanything
abouthimtestingpositiveforsicklecelltr.
t
II
http://tcrn,Plate.newsherald.com/headlines/article.printformat.php?a=l5
LOCATION:
ii
82
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I:
She sai . that was something she would have remembered if she'd been told.
Jones s "d she received Anderson's medical records a short time after he was born, when his podiatrist
retired d she went to another doctor. Jones said she delivered the medical records to the new physician
she filled out a medical screening on Anderson the November before he was admitted to the bo<
camp. .that screening, Jones stated that Anderson did not have "sickle cell." The day Anderson was
admitte to the boot camp, he was asked if he had sickle cell and replied no. Jones said she was at work,
did not articipate in that screening.
Anders :n told the camp nurse that he was allergic to onions and eggs - something Jones said Monday s
didn't . ow. She said he didn't eat onions or eggs, but she didn't tltink it was because he was allergic.
Jones s 'd she found out after her son's death that Robert Anderson's sister had sickle cell trait.
"They iay it does run in the family," Jones told attorney Jim White.
!
Jones s d Monday that she was responsible for getting Anderson into the boot camp after he was arreste
for tres assing on school property, then violated his probation numerous times. Jones said that when he
went jo riding in his grandmother's car, which crashed in a parking lot, she went to Anderson's probati<
officer d asked her to put him in the boot camp.
Jones d the officer was going to put Anderson in a different program that might have meant his reloca:
to Pens cola or South Florida. Jones said she wanted Anderson close to home.
She sai she'd been to the boot camp twice before with Anderson on field trips. She had a general idea,
Jones s d, of what went on there but didn't know about the hands-on disciplliring that drill instructors m
to fore compliance.
Jones s d Anderson's criminal history didn't make him a candidate for the boot camp, but she asked the
probati n officer and camp supervisor to make an exception.
"I wal around every day with the guilt," she said.
Jones s id her son had disciplinary problems at home and school, had been arrested and violated his
probati n, admitted trying marijuana, and admitted and denied being associated with more than one gang
the are ..
She sai he would admit being in a gang one day and deny it the next. Jones said Anderson told her he'd
tried juana once, but didn't like it and didn't 1ry it again. However, traces of marijuana were found i1
hls b lo d at the autopsy.
Jones s' d she had to rely on her son's word that he'd stopped using the drug.
Jones ~d "Thank you, Jesus," when she was told on Jan. 5, 2006, that he'd been admitted to the camp.
later, she received another call that he'd collapsed.
Two
h,urs
Jones
rd
she was driving to the hospital when she saw Anderson's father~ Robert. She said they talked
!
httJ:L09A1
I ON: tewsherald.com/headlines/article:.
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I
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derson told her Martin might have just "fell out. 11 Robert Anderson, she said, thought his son
ve collapsed because he was not used to nmning early in the morning.
Robert
might
Jones s d she thought that was unlikely because Martin Anderson was an active child and played basket
with :fri'nds and on school teams without problem.
Jones s .d when she saw Martin Anderson's face in the hospital she was sure that someone had beat him
She sai ' she's never been able to watch the videotape of the incident between Anderson and the drill
instruct' rs.
"I still t;an't even look at it, to see my son helpless and being beaten," Jones said. When she was told tha1
Panaro City Medical Examiner Charles Siebert Jr. had ruled the death as natural, she said it was
imposs le. "How could he be well one day and dead the other?"
View
e Boot Camp Video here.
Dennis old, a Bay Medical Center respiratory therapist, was deposed before Jones. He told the lawye
; erson was not exhibiting the normal symptoms of suffocation from laryngeal spasms and showe,
that
no sign of trauma.
Tampa edical Examiner Vemard Adams, after a second autopsy on Anderson' body, ruled the death a
homici e and said Anderson's vocal cords spasmed when he was forced to inhale ammonia fumes. The
spasms Adams said, caused him to suffocate.
Amo~d .said he'd seen patients with those types of spasms. He said they make a very distinctive noise as
they s , ggle to get air past the clenched area of the larynx. Arnold said Anderson was breathing fast and
his o : when he was brought into the emergency room, and was not making the noise.
'
A few inutes after he was brought in, doctors put a breathing tube into Anderson's windpipe through hi
nose.
old said they didn't meet the resistance they would have if Anderson's vocal cords were spasm
Arnold'said the other aspect oflaryngeal spasms is it resolves itself before leading to death. He said once
person ecomes unconscious and relaxes, the spasms stop and the person is able to breathe.
r
Jones d doctors at both hospitals had no idea what was killing Anderson. She said they finally remove
him fr
a respirator because there was nothing more they could do.
I
ij
l
I.
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05
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STATE ATTORNEY
MARK A. OBER
Thfrteenth Judicial Circuit
5th Floor County Courthouse Annex
(813) 272-5400
FAX TRANSMISSION COVER SHEET
FAX: (813) 274-1925
ATE:
0:
:AX..
E:
'l
HILLSBOROUGH COUNTY STATE ATTORNEY'S OFFICE
F YOU FEEL THAT YOU DID NOT RECEIVE ALL OF THE PAGES, PLEASE CALL
13)274-1901.
LOCATION:
RXTIME 06/05 '07 15:57
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05
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CRIMINAL JUSTICE DIVrSION
TATE OF FLORIDA
CASE NO .. :
06-4016CF
..
___.
DICKENS
ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMG
06-4016CFMH
WALSH II
MOTION FOR PROTECTIVE
COMES NOW, the
.ssistant
der
Attorneys
State
Florida
1.
State
Rules
of
the
Criminal
28,
State,
the
were
counsel
that
the
at all
2.
by
this
the
for
Court entered
of
certain
their
undersigned
Protective
3.220(L)
Rule
defendants,
this
through
Motion
this
Procedure
2007,
agents
employees,
by and
disclosure
the
permitted
Florida
and brings
On February
limiting
of
ORDER
and
attorneys,
the
unless
court
the
defendants
best
efforts
directed
to
use
confidentiality
their
those
of
order
materials
discovery
Further,
as
states
a protective
and co-counsels,
..
Order
to
attorneys'
otherwise
materials
and their
to
be
ensure
maintained
times.
Included
in the
list
of
these
protected
materials
were
,.._,
("")
mental
health
and
Martin
Lee Anderson.
During
defense
medical
records
for
the
deceas~ictilli;
-<:::0:c
n ::x:>
g~~
z:
3.
questions
depositions,
concerning
these
which oc~urred
protected
on
records
_,
'-~
J~~ 20~,
. :,.,2;::
were-:a~ed
)::f
~nm
State
witnesses
local
media.
in
the
known
presence
of
a membej!gf
>>:;;:::
-;
I
i'
LOCATION:
'
, RXTIME 06:/05 '07 15:57
th.e-n'
U1
r
m
Jun
05
2007
HP LASERJET
5:21PM
4.
The State
of
protective
a Protective
onfidential
p.3
moves
for
prohibiting
this
any
court
further
to
enter
disclosure
State
Order
of
Florida
prohibiting
prays
any
that
further
this
of
Honorable
disclosure
records.
l
LOCATION:
r
records.
confidential
nter
Florida
order
WHEREFORE, the
3330
RXTIME 06/05 '07 15:57
of
Court
Jun
05
200?
5:21PM
HP LASERJET
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p.4
i
I BEREBY CERTIFY that
rotective
Order
ienry
Dickens,
l3402;
Walter
nfinger,
580;
at
Robert
anama City,
auck,
at
has
at
been
furnished
Jenks
748
B. Smith,
115 East
a copy of the
Sombathy,
Florida
229 McKenzie
P.O.
attorney
32402;
P.O.
Public
4th St.,
Box 1103,
Defender,
Box 580,
for
Patrick
James
Avenue,
Garrett,
Panama City,
32402-0327i
Jonathan
Dingus,
Jr.,
t 527 Jenks
Avenue,
Panama City,
ttorney
for
Kristin
Schmidt,
lorida
32401;
agnolia
Avenue,
ail,
on thi~~~
and Robert
P.O.
at
Pell,
Box 651,
day of June,
Florida
1004 Jenks
attorney
Panama City,
for
32402-
Box 430,
for
Raymond
32401;1111111111
Box 327,
Henry
Panama City,
McFadden,
Ashley
Avenue,
for
Charles
P.O.
attorney
for
32401;
FL
Florida
at
Florida
attorney
for
Panama City,
Panama City,
H. White,
for
attorney
attorney
P.O.
lorida
Motion
to Hoot Crawford,
Avenue,
Deputy
foregoing
Jr.,
Benedik,
Panama City,
Joseph
Florida
Walsh
II,
32401,
via
at
514
U.S.
2007.
Respectfully
Submitted,
c:0~8523
ichael
Assistant
c. Sinacore
State
Attorney
Scott Harmon
Assistant
State Attorney
Florida
Bar#:
933775
I
J.
P mela J. Bondi
Assistant
State
Florida
Bar#:
Attorney
0886440
f
[
f,
LOCATION:
'
RXTIME 06/05 '07 15:57
Case# ________________
Case# ________________
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Charge:---------------Charge: ----------------
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TO THE CHARGE OF
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DEFENDANTMAYBE RELEASEDON THESECHARGES---------DEFENDANTRELEASEDTO PTR TO REPORTTO 301 MCKENZIEAVE.
DEFENDANT
TO REPORTTO PROBATION& PAROLEUPONRELEASE------DEFENDANTREMANDEDTO CUSTODYON THESECHARGES --------DEFENDANTSWORN
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State Att.orne:t~M~F:~:
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State Of Florida vs SCHMIDT
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Defendantin Custm'.y?YES[ ] NO[
Clerk;~-------
Divisior, : GO
Probat10nOff.--------------DefenseAttorney: Bf.NElHr
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Date; 06/19/2()<)7
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NO:06004016CJ:"M(~
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Clr~1,k
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Mf'fY REGUL.T
BOND UNTIL
TRJt,I...
DATE: 06/19/2007
PANAMACITY FL 32401
NOTICE TO APPEAR
Re:
State
of
Case No.
Charge(s)
You are hereby

scheduled
for:
This
is
your
Florida
06004016CFMG
notified
that
PRETRIAL
the
above
styled
at
has
15:30
the
of
the
If
this
office
can
be of
further
HAROLD BAZZEL
Circuit
and County
assistance
please
been
pm
before
Honorable
Clerk of
Honorable
case
Courtroom
advise.
Court

ACT OF
1990. In Accordance
with the Americans
With Disabilities
with a disability
who needs any
accomodation
in order
to participate
in this
proceeding,
you
are entitled,
at no cost
of certain
assistance.
Please
contact
Jennifer
Wells at (850) 747-5327
within
2 working
of this
NOTICE TO
impaired,
call
1-800-955-8771;
if
you are voice
impaired,
call
1-800-955-8770.
DATE: 06/19/2007
PANAMACITY FL 32401
NOTICE TO APPEAR
Re:
State
of
Case No.
Charge(s)
You are hereby

scheduled
for:
This
is
your
Florida
06004016CFMG
notified
that
JURY TRIAL
the
above
styled

Honorable
case
at
has
08:30
am
before
the
of
the
If
this
office
Honorable
Clerk of
can
be of
further
HAROLD BAZZEL
Circuit
and County
assistance
please
been
Courtroom
advise.
Court
~C?bU~'
D~y
Clerk

ACT OF
1990. In Accordance
with the Americans
With Disabilities
Act,
If you are a person
with a disability
who needs any
accomodation
in order
to participate
in this
proceeding,
you
are entitled,
at no cost
of certain
assistance.
Please
contact
Jennifer
Wells at (850) 747-5327
within
2 working
of this
NOTICE TO
impaired,
call
1-800-955-8771;
if
you are voice
impaired,
call
1-800-955-8770.
DATE: 06/19/2007
PANAMA CITY FL 32401
NOTICE TO APPEAR
Re:
State
of
Case No.
Charge(s}
You are hereby

scheduled
for:
This
is
your
Florida
06004016CFMG
notified
that
JURY TRIAL
the
above
styled
at
has
08:30
the
of
the
If
this
office
can
OVERSTREET MICHAEL C (DIV G} in
be of
further
HAROLD BAZZEL
Circuit
and County
assistance
please
been
am
before
Honorable
Clerk of
Honorable
case
Courtroom
advise.
Court

ACT OF
1990. In Accordance
with the Americans
With Disabilities
with a disability
who needs any
accomodation
in order
to participate
in this
proceeding,
you
are entitled,
at no cost
of certain
assistance.
Please
contact
Jennifer
Wells at (850} 747-5327
within
2 working
of this
NOTICE TO
impaired,
call
1-800-955-8771;
if
you are voice
impaired,
call
1-800-955-8770.
IN THE COUNTY COURT, FOURTEENTH JUDICIAL CIRCUIT

STATE OF FLORIDA,
Plaintiff,
Case
vs.
HENRY DICKENS
CHARLES ENFINGER
No:
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH, II
06-4016CFMF
06-4016CFMG
06-4016CFMH
Defendants.
=================================/
RESPONSE TO DEMANDFOR
RECIPROCAL DISCOVERY
r
m
0
The above
attorney,
and
files
named
this
Defendants
Response
by and
to
through
Demand for
the
Reciprocal
Discovery
states:
1.
information
The name and

relevant
to
address
the
of
defense
a person
of
the
known to
defendant
follows:
William
P. Kissel,
M.S.,
3805 Hunting
Ridge Drive
Lilburn,
GA 30047
(404) 657-1648
Office
(770) 985-4329
Home
CCHP
have
is
as
and all
witnesses
DATED this
listed
by the
20th day of June,
State.
2007.
I HEREBY CERTIFY that a copy of the foregoing
has been
furnished
by facsimile
(813) 274-1925)
and U.S. mail to,
Michael
C. Sinacore,
Esq.,
Assistant
State Attorney,
800 East Kennedy
Boulevard,
3rct Floor,
Tampa, FL 33602-4148
and to those persons
set forth
in the attached
Additional
Service
List,
this
20th day
of June, 2007.
~,ESQ.
Florid
Bar No.: 0499226
514 Magnolia
Avenue
P.O.
Box 651
Panama City,
FL 32401
(850) 763-0078

1.
Ashley
S. Benedik,
Esq.
1004 Jenks Avenue
Panama City,
FL 32401
2.
H6ot Crawford,
Esq.
P.O. Box 1103
Panama City,
FL 32402
3.
Jonathan
Dingus,
Esq.
527 Jenks Avenue
Panama City,
FL 32401
4.
Waylon Graham, Esq.

P.O. Box 327
Panama City,
FL 32402
5.
Walter
B. Smith,
Esq.
P.O. Box 580
Panama City,
FL 32402
6.
Robert
S. Sombathy,
Esq.
P.O. Box 430
Panama City,
FL 32402
7.
James H. White,
Jr.,
Esq.
229 McKenzie Avenue
Panama City,
FL 32401

CRIMINAL DIVISION
STATE OF FLORIDA
Plaintiff,
CASE NO
vs.
.....
06-4016CFMA
HENRY DICKENS
RAYMOND HAUCK
.......
,,
c:::....
c:::.;:,
06-4016CFMD
06-401 SCFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSPEH WALSH, II
u
-F.
w
Defendants.
r
m
0
..0
UNIFORM ORDER SETTING CAUSE FOR TRIAL AND PRE-TRIAL

(JURY TRIAL)
This cause being at issue and the Court being otherwise fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED as follows:
1.
The above entitled cause is hereby set for Jury Trial October 3, 2007 thru October
12, 2007, commencing at 8:30 a.m., CST.
2.
Jury Selection for this matter will commence September 24, 2007 at 8:30 a.m.,
CST, and will continue through September 25, 2007, if necessary.
3.
A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable
Michael C. Overstreet, Circuit Judge, at the Bay County Courthouse, Panama City, Florida, from
8:30 a.m., CST, until 12:00 noon, September 6, 2007.
4.
On or before July 9, 2007, counsel for the State shall furnish to counsel for the
Defendants, and file directly with the Clerk, a list of names and addresses of all witnesses who are
expected to testify at the trial of this cause, including experts. On or before July 23, counsel for the
Defendants shall furnish to counsel for the State, and file directly with the Clerk, a list of names and
addresses of all witnesses that are expected to testify at the trial of this cause, including expert
witnesses, rebuttal and impeachment witnesses.
5.
On or before August 23, 2007, counsel shall complete all discovery. The conduct of
discovery thereafter, shall be permitted only on the Order of the Court for good cause shown and
;;
which will not delay the trial of this cause.

6.
On or before August 30, 2007, all motions, including motions in limine, shall be filed.
All pending motions will be heard at the Pre-Trial Conference September 6, 2007.
7.
On or before August 30, 2007, counsel for the parties shall submit to the Court, with
a copy to opposing counsel, written jury instructions and proposed verdict forms.
Each jury
instruction shall be on a separate sheet of paper; shall be plainly marked with the name and number
of the case; shall contain citations of supporting authorities, if any; shall designate the party
submitting the instructions; and shall be numbered in sequence. Counsel should confer prior to trial
and attempt to agree as to the jury instructions and verdict forms. This paragraph shall not foreclose
the right of each party to modify instructions up to and including the instruction conference at the
close of evidence. Any party who intends to request that the Court provide a set of written jury
instructions for the jury's consideration during deliberations shall be responsible for providing a clean
copy of the full jury instructions to the Court.
8.
Prior to the pretrial conference on September 6, 2007, counsel for the parties
shall:
a)
Mark all exhibits for identification and prepare a chronological exhibit list for
use of Clerk and Court at trial (actual exhibits and documentation evidence shall be available for
inspection at this time);
b)
Admit or not admit as evidence and list specific objections, if any;
c)
Stipulate as to any matter of fact and law about which there is no issue to
avoid unnecessary proof;

d)
Review all depositions which are to be offered for any purpose other than
impeachment to resolve objections to the portions to be offered in evidence;

e)
Discuss and complete any other matters which may simplify the issues or aid
in the speedy disposition of this action, its Pre-Trial Conference and Trial;
9.
Failure to comply with the requirements of this Order shall subject counsel to such
sanctions as the Court shall determine just and proper under the circumstances.
10.
Between September 26th and 28th, Counsel shall test all technical equipment
intended to be used at trial.
The equipment shall be tested in the Jury Pool Room. Court
Technology personnel will be available to assist with any problems which may be encountered.
Counsel shall coordinate available times to enter the courtroom with my judicial assistant.
DONE AND ORDERED in chambers at Panama City, Bay County Florida, this
..:::71/!<'e.
:::>
/
2007,
MICHAEL C. OVERSTREET, Circuit Judge

(See Service List Attahced)
day of
SERVICE LIST
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
Post Office Box 580
James H. White, Jr.
Attorney at Law
229 McKenzie Avenue
Michael C. Sinacore
800 East Kennedy Blvd.,
Tampa, FL 33602-4148
3rd
Floor

STATE OF FLORIDA,
CASE NO.
06-4016-CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016-CFMA
06-4016-CFMB
RAYMOND HAUCK
06-4016-CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
Defendants.
DEFENDANT'S RECIPROCAL DISCOVERY RESPONSE
COMES NOW the Defendant, RAYMOND HAUCK, by and through his undersigned
attorney, and makes the following reciprocal discovery response:
1.
The Defendant's witness list is as follows, to-wit:

a.
Defendant
b.
Travis Perry
Bay County Sheriff's Office
c.
Amanda Rubel
Panama City Police Department
a:,,
I-.
c:;:-
::,.r,
-<:::0-.::x::;--
c:,0:::0
c::
>~
c'T\C)
d.
Timothy G. Moriarty, M.D.

2195 Jenks Avenue
850-872-0502
Expert Witness
<=:1
~~;
-(:::0,-.
--'
__
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CX)
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.,
-r--.i
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-F.
~
,,
r
m
c:,
2.
e.
Charles Chervanik
Department of Juvenile Justice
2737 Centerview Drive
Tallahassee, Florida 32399-3100
f.
All witnesses listed by any Defendant
g.
All witnesses listed by the State
The Defendant's documentary evidence list is as follows, to-wit:

a.
April 20, 2007 Memorandum from Bay County Sheriffs Office with all
attachments, totaling 155 numbered pages
b.
All documents listed by any Defendant
c.
All documents provided by State in discovery
DATED this
--26
day of June, 2007.

TS, WHITE & GRABNER
~it~
S H. WHITE, JR.
1daBar No. 309303
229 McKenzie Avenue
(850) 785-1522
I HEREBY CERTIFY that a copy of the foregoing Defendant's Reciprocal Discovery

Response has been furnished by U.S. Mail, to Michael C. Sinacore, Assistant State
Attorney, 800 East Kennedy Boulevard, 3rd Floor, Tampa, Florida 33602-4148; and to
those persons set forth in the attached Additional Service List, this ~ day of June,
---02007.
1.
Ashley S. Benedik, Esquire

1004 Jenks Avenue
2.
Hoot Crawford, Esquire

P.O. Box 1103
3.
Jonathan Dingus, Esquire

527 Jenks Avenue
4.
Waylon Graham, Esquire

P.O. Box 327
5.
Robert A. Pell, Esquire

P.O. Box 651
6.
Walter B. Smith, Esquire

P.O. Box 580
7.
Robert S. Sombathy, Esquire

P.O. Box430

CRIMINAL DIVISION
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STATE OF FLORIDA
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Plaintiff,
CASE NO
vs.
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HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-401 SCFMB
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RAYMOND HAUCK
06-401 SCFMD
KRISTIN SCHMIDT
JOSPEH WALSH, 11
06-401 SCFMG
06-401 SCFMH
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Defendants.
AMENDED
(JURY TRIAL)
hereby
1.
The above entitled cause is hereby set for Jury Trial October 3, 2007 thru October
2.
3.
8:30 a.m., CST, until 12:00 noon, August 30, 2007.
4.
5.
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6.
All pending motions will be heard at the Pre-Trial Conference September 6, 2007.
7.
Each jury
Prior to the pretrial conference on August 30, 2007, counsel for the parties shall:
8.
a)
b)
c)

d)

e)
9.
10.
Technology personnel will be available to assist with any problems which may be encountered.
$/Ly
:S-"'"'day of
, 2007.

SERVICE LIST
Ashley S. Benedlk
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
Post Office Box 580
James H. White, Jr.
Attorney at Law
229 McKenzie Avenue
Michael C. Sinacore
800 East Kennedy Blvd., 3rd Floor
Tampa, FL 33602-4148
AMENDED
BOOT CAMP CASE
DEADLINE SUMMARY
1.
July 9, 2007 - State's witness list due
(See paragraph 4)
2.
July 23, 2007 - Defendants' witness list due (See paragraph 4)
3.
August 16, 2007-AII discovery to be complete
4.
August 23, 2007 - All motions to be filed with the clerk and jury instructions/verdict
form to be submitted to the Court (See paragraphs 6 and 7)
5.
August 30, 2007- Pretrial conference f All motions presented (See paragraph 3)
6.
Prior to August 30, 2007 - Thorough review and marking of evidence

(See paragraph 8)
7.
September 24 - 25, 2007 - Jury selection (See paragraph 2)
8.
September 26- 28, 2007 - Testing of technological equipment (See paragraph 10)
9.
October 2 - 12, 2007 - Jury trial (See paragraph 1)
(See paragraph 5)

STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
Mill
06-4016CFMD
RAYMOND HAUCK
. .
' ,'
KRISTIN SCHMIDT
JOSEPH WALSH II
- ..,-
06-4016CFMG
06-4016CFMH
THE ST ATE OF FLORIDA, in response to defense counsel's written

Request for Discovery, pursuant to Rule '3.220 Florida Rules of Criminal Procedure, files
the following Additional Discovery in this case:
Category A Witnesses pursuant to Rule 3.220 (b)(l)(A)(i), F.R.CR.P.:
Amy Norkus
FDLE
2331 Phillips Rd.
Haley Hill
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1301 N. Palafox Street
Pensacola, FL 32501
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2331 Phillips Rd.
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Brian Berkowitz
Knight Building
Category B Witnesses pursuant to Rule 3.220 (b)(l)(A)(ii), F.R.CR.P.:

Becky Johns
Records Custodian
3421 N. Hwy. 77
Ingrid Dieudonne
Records Custodian
Bay Medical Center
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Anthony Schembri
562 San Remo Circle
Inverness, FL 34450
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Crawford, attorney for Henry Dickens, at 748 Jenks Avenue, P.O. Box 1103, Panama
City, Florida 32402; Walter B. Smith, Deputy Public Defender, attorney for Charles
Enfinger, at 115 East 4th Street, P.O. Box 580, Panama City, Florida 32402-0580; Robert
t P.O. Box 430, Panama City, Florida 32402;
James H. White, Jr., attorney for Raymond Hauck, at 229 McKenzie Avenue, Panama
City, Florida 32401;
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327, Panama City, Florida 32402-0327; Jonathan Dingus, attorney for

Jr., at 527 Jenks Avenue, Panama City, Florida 32401; Ashley Benedik, attorney for
Kristin Schmidt, at 1004 Jenks Avenue, Panama City, Florida 32401; and Robert Pell,
attorney for Joseph Walsh II, at 514 Magnolia Avenue, P.O. Box 651, Panama City,
Florida 32401, via U.S. mail, on this 6th day of July, 2007.
MARKA. OBER
STATE ATTORNEY
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CASE NO.:
STATE OF FLORIDA
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH
STATE'S TRIAL WITNESS LIST

THE STATE OF FLORIDA, as required by the Court's Uniform Order Setting
Cause for Trial and Pre-Trial, entered in this cause on June 21, 2007, hereby provides a
list of names of witnesses expected to testify at trial. The State of Florida reserves the
right not to call witnesses on this list, and also reserves the right to produce testimony
from any additional witnesses provided in the discovery filed by the State in this cause.
Experts:
Dr. Vernard Adams
Hillsborough County Medical Examiner
Tampa, FL 33602
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Dr. Thomas Andrew

109 Woodland Drive
Contoocook, New Hampshire 03229
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Dr. Nikolaus Gravenstein

Dept. of Anesthesiology
University of Florida
P.O. Box 100254
Gainesville, FL 32610
Dr. John Downs

Tampa, FL 33613
Dr. Martin Steinberg
Center of Excellence in Sickle Cell Disease
Boston Medical Center
88 E. Newton Street
Boston, MA 02118
Dr. Bryan Bledsoe
6420 Hayes Road
Midlothian, Texas 76065
Medical Toxicology Consultants
9210 Florida Palm Drive
Tampa, FL 33619
Steve Martin
8513 Adirondack Trail
Austin, Texas 78759
Additional Witnesses:
Dr. Samir Ebeid
2202 State A venue
Suite #302
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Anita Segers
Bay Medical Center
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Chelsea Pollock
Bay Medical Center
Dr. Jeffrey Appel
Bay Medical Center
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Cassie Elliott
Bay Medical Center
Melinda Keiffer
Ramsden Air Force Base
Germany
Dennis Arnold
Bay Medical Center
Dr. Jason Foland
5151 N. 9th Avenue
Pensacola, FL 32504
Dr. Jennifer Jenkins
5151 N. 9th Avenue
Pensacola, FL 32504
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3421 N. Hwy. 77
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Steven Adamczyk
108 Kristine Blvd.
Timothy Petrucci
22331 S. Spring Creek Rd.
Estacada, Oregon 97023
Adam Rogers
156 Hill Drive
Amber Hunter
3913 Pisa Drive K-5
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Antonio Jones
1914 Frankford Avenue
Apt. #803
David Cruel
502 David A venue
Stanley Heaton
208 N. Harris Avenue
William Reynolds
1606 W. 10thCourt
Richard Hall
21043 N.W. Josephine Lane
Altha, FL 32421
Becky Johns
Records Custodian
3421 N. Hwy. 77
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Ingrid Dieudonne
Records Custodian
Bay Medical Center
Allison Turner
Records Custodian
5151 N. 9th Avenue
Pensacola, FL 32504
Lt. Karen De Marchi
Martin County Sheriff's Office
Stuart, FL 34994
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Capt. Lloyd Jones

Stuart, FL 34994
Lt. Kimberly Klein
Pinellas County Sheriff's Office
14400 49th Street N
Clearwater, FL 33762
Lt. Michael Allen
Polk County Sheriff's Office
Bartow, FL 33830
Sgt. Robert Bowden
Manatee County Sheriff's Office
14490 Harlee Road
Palmetto, FL 34221
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Knight Building
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Anthony Schembri
562 San Remo Circle
Inverness, FL 34450
Andrew Anderson, Jr.
Knight Building
Richard Kline
Knight Building
Beth Carr
505 East 11thStreet
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Brian Berkowitz
Knight Building
Bay Regional Juvenile Detention Center
450 E. 11thStreet
Tamika Herbert
450 E. 11thStreet
Cpl. Terrence Henderson
450 E. 11thStreet
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Michael Bostic
450 E. 11th Street
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450 E. 11thStreet
Sgt. Richard Koester
450 E. 11thStreet
Brenda Booher
450 E. 11thStreet
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450 E. 11thStreet
Gina Jones
Parks & Crump
Paul Green
Emerald Bay Academy
1515 June Avenue
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Terrance Winters
Everett Middle School
608 School A venue
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Bobby Hall
FDLE
2237 W. 24th Street
Kristen Cortiz
FDLE
2237 W. 24th Street
Matt Herring
FDLE
2237 W. 24th Street
Tommy Ford
FDLE
2237 W. 24th Street
Tom Ring
FDLE
2237 W. 24th Street
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FDLE
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FDLE
1301 N. Palafox Street
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3421 Hwy. 77
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3421 Hwy. 77
Steve Lewis
Hillsborough County Sheriff's Office
2310 Falkenburg Rd.
Tampa, FL 33619
Charles Keene
2310 Falkenburg Rd.
Tampa, FL 33619
Harry Hoover
2008 8th Avenue
Tampa, FL 33605
Jason Van Brunt

2310 Falkenburg Rd.
Tampa, FL 33619
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Mike Gibson
2310 Falkenburg Rd.
Tampa, FL 33619
Gloria Porter
State Attorney's Office
Tampa, FL 33602
David Hathaway
Honeywell NASA Marshall Space Flight Center
P.O. Box 240011
Huntsville, AL 35824
Christopher Hood
P.O. Box 240011
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Florida 32401, via U.S. mail, on this 6th day of July, 2007.

10
CHAMBERS OF
CIRCUIT JUDGE
FOUR.TEENTH JUDICIAL C!R.CUIT OF FLOR.IDA
SERVING BAY, CALHOUN, GULF, HOLMES, JACKSON AND WASHINGTON COUNTIES
CIRCUIT JUDGE
July 18, 2007
PLEASE REPLY TO:

POST 0F1CE Box 2237
PANAMA
CITY, FL 32402
ROBIN E. OWENS
JUDICIAL ASSISTANT
(850) 747-5650
(850) '747-5159 FAX
MEMORANDUM
TO:
All Counsel (Bay Co. Case No. 06-4016 CFMA)
FR:
Robin E. Owens, Judicial Ass~
RE:
Second Amended Order Setting Trial
The only change made in the enclosed second amended order setting trial is the
correction of the pretrial date reflected in paragraph 6.
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CRIMINAL DIVISION
STATE OF FLORIDA
Plaintiff,
CASE NO
vs.
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HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMD
06-4016CFMG
06-4016CFMH
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SECOND AMENDED
(JURY TRIAL)
hereby
1.
1he above entitled cause is hereby set for Jury Trial October 3, 2007 thru October
2.
3.
8:30 a.m., CST, until 12:00 noon, August 30, 2007.
4.
5.
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6.
All pending motions will be heard at the Pre-Trial Conference August 30, 2007.
7.
Each jury
8.
Prior to the pretrial conference on August 30, 2007, counsel for the parties shall:
a)
b)
c)
d)
e)
9.
10.
Technology personnel will t:,e available to assist with any problems which may be encountered.
::7,,,7
/f{
2007,

day of
SERVICE LIST
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
Post Office Box 580
James H. White, Jr.
Attorney at Law
229 McKenzie Avenue
Michael C. Sinacore
800 East Kennedy Blvd.,
Tampa, FL 33602-4148
3rd
Floor

STATE OF FLORIDA,
Case No.:
Plaintiff,
06-4016
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06:-4016CFMB
RAYMOND HAUCK
06-4016CFMD
"KRISTIN SCHMIDT
JOSEPH WALSH
06-4016CFMG
06-4016CFMH
Defendant.
DEFENDANTS' JOINT WITNESS LIST
The Defendant by and through undersigned counsel and pursuant to Rule
3 .220 Florida Rules of Criminal Procedure identifies as witnesses the following:
1.
Charles Chervanik
Tallahassee, Florida 32399-3100
2.
Dr. E.R. Eichner, M.D.

University of Oklahoma
5505 North Stonewall Drive
Oklahoma City, Oklahoma 73111-6657
3.
Paul Green
c/o Emerald Bay Academy
1515 June Avenue
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4.
Michele Giroux
Mental Health Counselor
450 East 11thStreet
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5.
William P. Kissell, M.S., CCHP

3805 Hunting Ridge Drive
Lilburn, GA 30047
6.
Travis Perry
c/o Bay County Sheriffs Office
3421 N. Hwy 77
7.
Amanda Rubel
c/o Panama City Police Department
1209 E 15th Street
8.
Terry Sasser
c/o Boys and Girls Club of Bay County
3404 W 19thStreet
9.
Dr. Charles Siebert, M.D.

3737 Frankford Ave.
10.
Dr. Jon Thogmartin

10900 Ulmerton Road
Largo, Florida 33778
The Defendant reserves the right to call all witnesses listed by the State and all
witnesses later discovered by the State or defense.
I HEREBY CERTIFY that a copy of the foregoing Defendant's Witness List has
been furnished to Honorable Michael C. Sinacore, State Attorney, 800 E. Kennedy Blvd
3rdFloor., Tampa, Florida 33602, by regular U.S. mail this 23rd day of July, 2007.
Robert S. Sombathy, Esq.

Isler, Sombathy & Sombathy, P.A.
Post Office Box 430
(850) 769-5532
Ashley S. Benedik, Esq.

1004 Jenks. Ave.
Hoot Crawford, Esq.
P.O. Box 1103
Jonathan Dingus, Esq.
527 Jenks Ave.
Waylon Graham, Esq.
P.O. Box 327
Robert Pell, Esq.
P.O. Box 651
Walter B. Smith, Esq.
P.O. Box 580
James H. White, Jr., Esq.
229 McKenzie Avenue

STATE OF FLORIDA,
Plaintiff,
vs.
F I L ED
2u0lJUL25 P 1+:3b
CASE NO:
06-4016CFMA
-
HENRY DICKENS
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
06-4016CFMG
06-4016CFMH
HAROLD8;\ZZEL
CLERKOF CIRCUIT
COURT
BAYCOUNTY.
FLORIDA

TO:

PLEASE TAKE NOTICE that commencing at 9:00 a.m., central time, on the 2"dday of August,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Bryan Edward
Bledsoe, D.O., upon oral examination, before Professional Court Reporting Service, an official court
reporter, or a Notary Public in and for the State of Florida at Large, or some other officer duly authorized
by law to take depositions. The deposition is being taken for the purpose of discovery, for use at trial,
or both of the foregoing, or for such other purposes as are permitted under the applicable and governing
rules.
I HEREBY CERTIFY that a copy of the foregoing Notice of Deposition was mailed to the abovenamed addressee and to the persons listed on the attached Additional Service List, this '2,6day of July,
2007.
7fS,WHITE & GRABNER
cc: Professional
J M S H. WHITE, JR.
F r a Bar No.: 309303
22 McKenzie Avenue
(850) 785-1522
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box580

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO:
..
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
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06-4016CFMD
RAYMOND HAUCK
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06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II,
Defendants.
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NOTICE OF TAKING DEPOSITION
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PLEASE TAKE NOTICE that commencing at 2:00 p.m., central time, on the 7th day of August,
at 337 Magnolia Avenue, Panama City, Florida, the Defendants will take the deposition of Dr. Martin
Steinberg, upon oral examination, before Professional Court Reporting Service, an official court
reporter, or a Notary Public in and for the State of Florida at Large, or some other officer duly authorized
by law to take depositions. The deposition is being taken for the purpose of discovery, for use at trial,
or both of the foregoing, or for such other purposes as are permitted under the applicable and governing
rules.
I HEREBY CERTIFY that a copy of the foregoing Notice of Deposition was mailed to the abovenamed addressee and to the persons listed on the attached Additional Service List, this 30th day of July,
2007.
cc: Professional
ES H. WHITE, JR.
F rida Bar No.: 309303
29 McKenzie Avenue
(850) 785-1522
1.

1004 Jenks Avenue
2.

P.O. Box 1103
3.

527 Jenks Avenue
4.

P.O. Box 327
5.

P.O. Box 651
6.

P.O. Box 580
7.

P.O. Box430

CASE NO.:
STATE OF FLORIDA
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
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"
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH
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THE STATE OF FLORIDA, in response to defense counsel's written

Request for Discovery, pursuant to Rule 3.220 Florida Rules of Criminal Procedure, files
the following Additional Discovery in this case:
Category A Witness: pursuant to Rule 3.220 (b)(l)(A)(i), F.R.CR.P.:
Detective Brian Custer

2310 Falkenburg Rd.
Tampa, FL 33619
(Note: Witness prepared diagram on p. 18425 of discovery, previously provided)
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Additional Documents:
(Copies enclosed)
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Booking photographs of defendants
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Defendants and Actions chart

Autopsy photographs (on CD)
Also Note: Please refer to State's Exhibit List (3 pages, attached) for a list of
documents and other evidence that the State anticipates using at trial.
Crawford, attorney for Henry Dickens, at 748 Jenks A venue, P .0. Box 1103, Panama
Florida 32401, via U.S. mail, on this 15th day of August, 2007.
MARKA. OBER
STATE ATTORNEY
ssistant State Attorney


STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
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06-4016CFMG
06-4016CFMH
STATE'SEXHIBITLIST
1.
Video of incident 1/5/06 at Bay Boot Camp.

A.
Original videotape.
B.
DVD - copy of original videotape
C.
DVD - enhanced by NASA, with digital clock
D.
DVD- segment zoomed and enhanced
E.
DVD - zoomed segments, slowed to half speed
2.
Still images from Exhibit IC (with identification labels)

A.
5:46:08
B.
6:04:15
C.
6:41:27
D.
16:00:00
E.
16:02:05
F.
16:54:26
G.
22:03:02
H.
22:38:09
I.
24:19:01
J.
24:56:08
K.
25:30:24
L.
27:24:17
3.
Portions of Control Room Log for 1/5/06
4.
Defendants and Actions Chart
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6.
HCSO Timeline Summary for Use of Ammonia

Diagram of Boot Camp
7.
Photographs from Boot Camp

(Each photograph to be identified by letter)
8.
POLE interview of Henry Dickens, l/5/06(CD)
9.
Statements by Charles Enfinger

A.
POLE interview, 1/5/06 (CD)
B.
HCSO interview, 11/28/06 (CD)
11.
Statements by Raymond Hauck

A.
BCSO Information Report, 1/5/06
B.
14.
Statements by Kristin Schmidt

A.
Medical Department Progress Notes, 1/5/06
B.
C.
D.
15.
Statements by Joseph Walsh II

A.
PAR Report, 1/5/06
B.
C.
D.
16.
Booking Photographs
A.
Henry Dickens
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D.
E.
F.
G.
Ra
ond Hauck
Kristin Schmidt
17.
18.
19.
H.
Joseph Walsh II
First Autopsy Photographs
(Each photograph to be identified by letter)
Bay Medical Center Records, 1/5/06

A.
Ambulance Run Report
B.
Copy of X-Ray with time stamp
C.
Emergency Department Report - Nurses Notes
D.
Blood Gas Analysis Report, 10:17
E.
Ammonia Capsules
Ammonia Box
B.
Photographs of Box
A.
20.
DJJ Comprehensive Physical Assessment, 10/19/05
21.
DJJ Health Related History, 10/21/05
22.
Medical and Mental Health Admission Screening, 1/5/06
23.
Facility Entry Health Screening, 1/5/06
24.
Physical Evaluation and Needs Assessment, 1/5/06
25.
Physical Assessment Sheet, 1/5/06
26.
DJJ Policy on Rights of Youths in DJJ Care, Custody or Supervision

A.
FDJJ - 1100
B.
DJJ Rights for Youth
27.
Use of Force Policies

A.
BCSO Use of Force Policy
B.
BCSO Behavioral Matrix
C.
BCSO Use of Force Continuum
D.
CJSTC Use of Force Policy
28.
BCSO Boot Camp Program Manual
*** The State reserves the right to seek admission into evidence any additional
exhibits needed in the State's case-in-chief or in rebuttal.
3

STATE OF FLORIDA
CASE NO.:
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JOSEPH WALSH II
STATE'SPROPOSEDJURY INSTRUCTIONS
THE STA TE OF FLORIDA, by and through the undersigned Assistant State
Attorney, and pursuant to the Court's Second Amended Uniform Order Setting Cause for
Trial and Pre-Trial, hereby submits written proposed jury instructions and verdict forms.
Unless otherwise noted, all jury instructions proposed by the State of Florida are
taken from the Florida Standard Jury Instructions in Criminal Cases.
The State notes that no standard jury instruction exists for the crime of
Aggravated Manslaughter of a Person under 18. The State has proposed a jury
instruction for Aggravated Manslaughter of a Person under 18 tracking Florida Statute
782.07(3), modeled after the instruction approved in Bayer v. State, 788 So.2d 310 (Fla.
5th
DCA 2001), and using definitions from standard jury instruction 16.6 (Neglect of a
Child).
The State also requests a special jury instruction regarding pre-existing medical
conditions of a victim.
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STATE OF FLORIDA
CASE NO.:
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JOSEPH WALSH II
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STATE'S PROPOSEDJURY INSTRUCTIONS

2.1 PRELIMINARYINSTRUCTIONS
Ladies and gentlemen of the jury:
You have been selected and sworn as the jury to try the case of State of Florida v.
Raymond Hauck,
Kristin Schmidt and Joseph Walsh II.
This is a criminal case. The defendants have been charged with Aggravated
Manslaughter of a Person Under 18. The definition of the elements of Aggravated
Manslaughter of a Person Under 18 will be explained to you later.
It is your solemn responsibility to determine if the State has proved its accusation
beyond a reasonable doubt against each defendant. Your verdict must be based solely on
the evidence, or lack of evidence, and the law.
The information is not evidence and is not to be considered by you as any proof of
guilt.
It is the judge's responsibility to decide which laws apply to this case and to
explain those laws to you. It is your responsibility to decide what the facts of this case
may be, and to apply the law to those facts. Thus, the province of the jury and the
province of the court are well defined, and they do not overlap. This is one of the
fundamental principles of our system of justice.
Before proceeding further, it will be helpful if you understand how a trial is
conducted.
At the beginning of the trial the attorneys will have an opportunity, if they wish,
to make an opening statement. The opening statement gives the attorneys a chance to tell
you what evidence they believe will be presented during the trial. What the lawyers say is
not evidence, and you are not to consider it as such.
Following the opening statements, witnesses will be called to testify under oath.
They will be examined and cross-examined by the attorneys. Documents and other
exhibits also may be produced as evidence.
After the evidence has been presented, the attorneys will have the opportunity to
make their final argument.
Following the arguments by the attorneys, the court will instruct you on the law
applicable to the case.
After the instructions are given the alternate jurors will be released and you will
then retire to consider your verdict.
You should not form any definite or fixed opinion on the merits of the case until
you have heard all the evidence, the argument of the lawyers and the instructions on the
law by the judge. Until that time you should not discuss the case among yourselves.
During the course of the trial the court may take recesses, during which you will
be permitted to separate and go about your personal affairs. During these recesses you
will not discuss the case with anyone nor permit anyone to say anything to you or in your
presence about the case. If anyone attempts to say anything to you or in your presence
about this case, tell him and/or her that you are on the jury trying the case and ask him
and/or her to stop. If he and/or she persist, leave him and/or her at once and immediately
report the matter to the bailiff, who will advise me.
The case must be tried by you only on the evidence presented during the trial in
your presence and in the presence of the defendant, the attorneys and the judge. Jurors
must not conduct any investigation of their own. Accordingly, you must not visit any of
the places described in the evidence, and you must not read nor listen to any reports about
the case. Further, you must not discuss this case with any person and you must not speak
with the attorneys, the witnesses or the defendant about any subject until your
deliberations are finished.
Give if defendant requests
In every criminal proceeding a defendant has the absolute right to remain silent.
At no time is it the duty of a defendant to prove his and/or her innocence. From the
exercise of a defendant's right to remain silent, a jury is not permitted to draw any
inference of guilt, and the fact that a defendant did not take the witness stand must not
influence your verdict in any manner whatsoever.
The attorneys are trained in the rules of evidence and trial procedure, and it is
their duty to make all objections they feel are proper. When an objection is made you
should not speculate on the reason why it is made; likewise, when an objection is
sustained, or upheld, by me, you must not speculate on what might have occurred had the
objection not been sustained, nor what a witness might have said had he and/or she been
permitted to answer.

CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-40 l 6CFMG
06-40 l 6CFMH

2.7 CLOSINGARGUMENT
Both the State and the defendants have now rested their case.
The attorneys now will present their final arguments. Please remember that what
the attorneys say is not evidence. However, do listen closely to their arguments. They are
intended to aid you in understanding the case. Each side will have equal time, but the
State is entitled to divide this time between an opening argument and a rebuttal argument
after the defense has spoken.
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OF THE ST ATE OF FLORIDA IN AND FOR BAY COUNTY
CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

3.1 INTRODUCTIONTO FINAL INSTRUCTIONS
Members of the jury, I thank you for your attention during this trial. Please pay
attention to the instructions I am about to give you.
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ST ATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

3.2 STATEMENTOF CHARGE
, Raymond Hauck, , Kristin Schmidt and Joseph Walsh II, the defendants in
-
this case, have been accused of the crime of Aggravated Manslaughter of a Person under
18.
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CASE NO.:
STATE OF FLORIDA
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06-4016CF
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HENRY DICKENS
CHARLES ENFINGER
06-4016CFMD
RAYMOND HAUCK
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
3.4 WHENTHEREARE LESSERINCLUDEDCRIMESOR ATTEMPTS
In considering the evidence, you should consider the possibility that although the
evidence may not convince you that a defendant committed the main crime of which he
or she is accused, there may be evidence that he or she committed other acts that would
constitute a lesser included crime. Therefore, if you decide that the main accusation has
not been proved beyond a reasonable doubt, you will next need to decide if the defendant
is guilty of any lesser included crime. The lesser crimes indicated in the definition of
Aggravated Manslaughter of a Person under 18 are:
Manslaughter
Child Neglect
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CASE NO.:
06-4016CF
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CHARLES ENFINGER
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JOSEPH WALSH II
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3.7 PLEA OF NOT GUILTY; REASONABLE DOUBT;
AND BURDEN OF PROOF
Each defendant has entered a plea of not guilty. This means you must presume or
believe each defendant is innocent. The presumption stays with each defendant as to
each material allegation in the information through each stage of the trial unless it has
been overcome by the evidence to the exclusion of and beyond a reasonable doubt.
To overcome a defendant's presumption of innocence the State has the burden of
proving the crime with which the defendant is charged was committed and the defendant
is the person who committed the crime.
The defendant is not required to present evidence or prove anything.
Whenever the words "reasonable doubt" are used you must consider the
following:
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or
forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you
have an abiding conviction of guilt. On the other hand, if, after carefully considering,
comparing and weighing all the evidence, there is not an abiding conviction of guilt, or,
if, having a conviction, it is one which is not stable but one which wavers and vacillates,
then the charge is not proved beyond every reasonable doubt and you must find the
defendant not guilty because the doubt is reasonable.
It is to the evidence introduced in this trial, and to it alone, that you are to look for
that proof.
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A reasonable doubt as to the guilt of the defendant may arise from the evidence,
conflict in the evidence or the lack of evidence.
If you have a reasonable doubt, you should find the defendant not guilty. If you
have no reasonable doubt, you should find the defendant guilty.
10

STATE OF FLORIDA
CASE NO.:
06-401(i6~
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JOSEPH WALSH II
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3.9 WEIGHING THE EVIDENCE
It is up to you to decide what evidence is reliable. You should use your common
sense in deciding which is the best evidence, and which evidence should not be relied
upon in considering your verdict. You may find some of the evidence not reliable, or less
reliable than other evidence.
You should consider how the witnesses acted, as well as what they said. Some
things you should consider are:
1. Did the witness seem to have an opportunity to see and know the things about
which the witness testified?
2. Did the witness seem to have an accurate memory?
3. Was the witness honest and straightforward in answering the attorneys' questions?
4. Did the witness have some interest in how the case should be decided?
5. Does the witness' testimony agree with the other testimony and other evidence in
the case?
6. Has the witness been offered or received any money, preferred treatment or other
benefit in order to get the witness to testify?
7. Had any pressure or threat been used against the witness that affected the truth of
the witness' testimony?
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8. Did the witness at some other time make a statement that is inconsistent with the
testimony he or she gave in court?
9. Was it proved that the witness had been convicted of a crime?
10. Was it proved that the general reputation of the witness for telling the truth and
being honest was bad?
You may rely upon your own conclusion about the witness. A juror may believe
or disbelieve all or any part of the evidence or the testimony of any witness.
12

CASE NO.:
STATE OF FLORIDA
06-4016CF
V.
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

3.9(a) EXPERT WITNESSES
Expert witnesses are like other witnesses, with one exception - the law permits an
expert witness to give his or her opinion.
However, an expert's opinion is only reliable when given on a subject about
which you believe him or her to be an expert.
Like other witnesses, you may believe or disbelieve all or any part of an expert's
testimony.
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CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

3.9(c) DEFENDANTTESTIFYING
A defendant in this case has become a witness. You should apply the same rules
to the consideration of the defendant's testimony that you apply to the testimony of the
other witnesses.
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CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-40 l 6CFMH

3.9(d) DEFENDANT NOT TESTIFYING
The constitution requires the State to prove its accusations against the defendant.
It is not necessary for the defendant to disprove anything. Nor is the defendant required
to prove [his] [her] innocence. It is up to the State to prove the defendant's guilt by
evidence.
A defendant exercised a fundamental right by choosing not to be a witness in this
case. You must not view this as an admission of guilt or be influenced in any way by the
defendant's decision. No juror should ever be concerned that the defendant did or did not
take the witness stand to give testimony in the case.
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CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
06-4016CFMA
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RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

3.9(e) DEFENDANT'S STATEMENTS
A statement claimed to have been made by a defendant outside of court has been
placed before you. Such a statement should always be considered with caution and be
weighed with great care to make certain it was freely and voluntarily made.
Therefore, you must determine from the evidence that the defendant's alleged
statement was knowingly, voluntarily and freely made.
In making this determination, you should consider the total circumstances,
including but not limited to
1.
whether, when the defendant made the statement, he or she had been
threatened in order to get him or her to make it, and
2.
whether anyone had promised him or her anything in order to get him or
her to make it.
If you conclude the defendant's out of court statement was not freely and
voluntarily made, you should disregard it.
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CASE NO.:
06-40l6CF
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HENRY DICKENS
CHARLES ENFINGER
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3.10 RULESFOR DELIBERATION
These are some general rules that apply to your discussion. You must follow
these rules in order to return a lawful verdict:
1.
You must follow the law as it is set out in these instructions. If you fail to
follow the law, your verdict will be a miscarriage of justice. There is no
reason for failing to follow the law in this case. All of us are depending
upon you to make a wise and legal decision in this matter.
2.
This case must be decided only upon the evidence that you have heard
from the testimony of the witnesses [and have seen in the form of the
exhibits in evidence] and these instructions.
3.
This case must not be decided for or against anyone because you feel sorry
for anyone, or are angry at anyone.
4.
Remember, the lawyers are not on trial. Your feelings about them should
not influence your decision in this case.
5.
Your duty is to determine if the defendant has been proven guilty or not,
in accord with the law. It is the judge's job to determine a proper sentence
if the defendant is guilty.
6.
Whatever verdict you render must be unanimous, that is, each juror must
agree to the same verdict.
17
7.
It is entirely proper for a lawyer to talk to a witness about what testimony

the witness would give if called to the courtroom. The witness should not
be discredited by talking to a lawyer about his or her testimony.
8.
Your verdict should not be influenced by feelings of prejudice, bias or

sympathy. Your verdict must be based on the evidence, and on the law
contained in these instructions.
18

ST ATE OF FLORIDA
CASE NO.:
06-4016CF
V.
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HENRY DICKENS
CHARLES ENFINGER
06-4016~
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7.1 INTRODUCTIONTO HOMICIDE
In this case each defendant is accused of Aggravated Manslaughter of a Person
under 18.
Aggravated Manslaughter of a Person under 18 includes the lesser crime of
Manslaughter, both of which are unlawful.
A killing that is excusable or was committed by the use of justifiable deadly force
is lawful.
If you find Martin Lee Anderson was killed by one or more of the defendants, you
will then consider the circumstances surrounding the killing in deciding if the killing was
Aggravated Manslaughter of a Person under 18, or was Manslaughter, or whether the
killing was excusable or resulted from justifiable use of deadly force.
JUSTIFIABLEHOMICIDE
782.02, Fla. Stat.
The killing of a human being is justifiable homicide and lawful if necessarily

done while resisting an attempt to murder or commit a felony upon the defendant, or to
commit a felony in any dwelling house in which the defendant was at the time of the
killing.
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EXCUSABLE HOMICIDE
782.03, Fla. Stat.
The killing of a human being is excusable, and therefore lawful, under any one of
the following three circumstances:
1.
When the killing is committed by accident and misfortune in doing
any lawful act by lawful means with usual ordinary caution and without
any unlawful intent, or
2.
When the killing occurs by accident and misfortune in the heat of

passion, upon any sudden and sufficient provocation, or
3.
When the killing is committed by accident and misfortune

resulting from a sudden combat, if a dangerous weapon is not used and the
killing is not done in a cruel or unusual manner.
"Dangerous weapon" is any weapon that, taking into account the manner in which
it is used, is likely to produce death or great bodily harm.
I now instruct you on the circumstances that must be proved before a defendant
may be found guilty of Aggravated Manslaughter of a Person under 18, or any lesser
included crime.
20

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-401~
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AGGRAVATEDMANSLAUGHTEROF A PERSONUNDER 18
782.07(3) and 827.03(3)
As to Henry Dickens, to prove the crime of Aggravated Manslaughter of a Person

under 18, the State must prove the following four elements beyond a reasonable doubt:
1.
Martin Lee Anderson is dead.
2.
Henry Dickens caused the death of Martin Lee Anderson by neglecting

Martin Lee Anderson through culpable negligence.
3.
Henry Dickens was a caregiver for Martin Lee Anderson.
4.
Martin Lee Anderson was under the age of 18 years.
However, the defendant cannot be guilty of Aggravated Manslaughter of a Person

under 18 if the killing was either justifiable or excusable homicide as I have previously
explained those terms.
A person who causes the death of a person under the age of 18 by culpable
negligence by neglect of a child commits Aggravated Manslaughter of a Person under 18.
I will now define what is meant by the term "culpable negligence": Each of us
has a duty to act reasonably toward others. If there is a violation of that duty, without any
conscious intention to harm, that violation is negligence. But culpable negligence is
more than a failure to use ordinary care for others. For negligence to be called culpable
negligence, it must be gross and flagrant. The negligence must be committed with an
utter disregard for the safety of others. Culpable negligence is consciously doing an act
21
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or following a course of conduct that the defendant must have known or reasonably
should have known, was likely to cause death or great bodily harm.
"Neglect of a child" means:
1.
A caregiver's failure or onuss1on to provide a child with the care,
supervision, and services necessary to maintain the child's physical and mental
health, including, but not limited to, food, nutrition, clothing, shelter, supervision,
medicine, and medical services that a prudent person would consider essential for
the well-being of the child;
or
2.
A caregiver's failure to make a reasonable effort to protect a child from
abuse, neglect, or exploitation by another person.
Neglect of a child may be based on repeated conduct or on a single incident or
omission that results in, or could reasonably be expected to result in, serious physical or
"Child" means any person under the age of 18 years.
"Caregiver" means a parent, adult household member, or other person responsible
for a child's welfare.
Citations of authority:
Florida Statute 782.07(3)
Standard Instruction 16.6 (Neglect of a Child)
Bayer v. State, 788 So.2d 310 (Fla. 5th DCA 2001)
22

STATE OF FLORIDA
CASE NO.:
06-40166ft-:,
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CHARLES ENFINGER
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
06-40 l 6CFMG
06-40 l 6CFMH
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7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Henry Dickens, to prove the lesser-included crime of Manslaughter, the

State must prove the following two elements beyond a reasonable doubt:
1.
2.
The death of Martin Lee Anderson was caused by the culpable negligence
of Henry Dickens.
However, the defendant cannot be guilty of manslaughter if the killing was either
justifiable or excusable homicide as I have previously explained those terms.
I will now define "culpable negligence" for you. Each of us has a duty to act
reasonably toward others. If there is a violation of that duty, without any conscious
intention to harm, that violation is negligence. But culpable negligence is more than a
failure to use ordinary care toward others. In order for negligence to be culpable, it must
be gross and flagrant. Culpable negligence is a course of conduct showing reckless
disregard of human life, or of the safety of persons exposed to its dangerous effects, or
such an entire want of care as to raise a presumption of a conscious indifference to
consequences, or which shows wantonness or recklessness, or a grossly careless
disregard of the safety and welfare of the public, or such an indifference to the rights of
others as is equivalent to an intentional violation of such rights.
The negligent act or omission must have been committed with an utter disregard
for the safety of others. Culpable negligence is consciously doing an act or following a
course of conduct that the defendant must have known, or reasonably should have
known, was likely to cause death or great bodily injury.
23

ST ATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
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16.6 NEGLECT OF A CHILD

827.03(3)(c),Fla. Stat.
(Without Great Bodily Harm, PermanentDisability, or Permanent Disfigurement)
As to Henry Dickens, to prove the lesser-included crime of Neglect of a Child, the
state must prove the following three elements beyond a reasonable doubt:
1.
Henry Dickens by culpable negligence failed or omitted to provide Martin

Lee Anderson with the care, supervision, and services necessary to
maintain the victim's physical or mental health, or failed to make a
reasonable effort to protect Martin Lee Anderson from abuse, neglect, or
exploitation by another person.
2.
3.

omission that resulted in, or reasonably could have been expected to result in, serious
physical or mental injury, or a substantial risk of death, to a child.
24
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-
c:,

25

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
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HENRY DICKENS
CHARLES ENFINGER
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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AGGRAVATEDMANSLAUGHTEROF A PERSON UNDER 18
782.07(3) and 827.03(3)
As to Charles Enfinger, to prove the crime of Aggravated Manslaughter of a

Person under 18, the State must prove the following four elements beyond a reasonable
doubt:
1.
2.
Charles Enfinger caused the death of Martin Lee Anderson by neglecting

3.
Charles Enfinger was a caregiver for Martin Lee Anderson.
4.

26
,,
-r
1.
A caregiver' s failure or om1ss10n to provide a child with the care,
or
2.
Bayer v. State, 788 So.2d 310 (Fla. 5thDCA 2001)
27

CASE NO.:
STATE OF FLORIDA
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Charles Enfinger, to prove the lesser-included crime of Manslaughter, the

1.
2.
of Charles Enfinger.
28
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C,

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
.......
c::,
HENRY DICKENS
CHARLES ENFINGER
c::,
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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827.03(3)(c), Fla. Stat.
(Without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement)
As to Charles Enfinger, to prove the lesser-included crime of Neglect of a Child,

the state must prove the following three elements beyond a reasonable doubt:
1.
Charles Enfinger by culpable negligence failed or omitted to provide

Martin Lee Anderson with the care, supervision, and services necessary to
2.
3.

29

30
IN THE CIRCUlt COURT OF THE FOURTEEN JUDICIAL CIRCUIT

con
STATE OF FLORIDA
CASE NO.:
c-)
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V.
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HENRY DICKENS
CHARLES ENFINGER
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KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

782.07(3) and 827.03(3)
As t
to prove the crime of Aggravated Manslaughter of a Person
1.
2.
caused the death of Martin Lee Anderson by neglecting

3.
4.
was a caregiver for Martin Lee Anderson.


31
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L,J
RAYMOND HAUCK
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1.
A caregiver's failure or onnss1on to provide a child with the care,
or
2.
32

STATE OF FLORIDA
CASE NO.:
06-401~ ,.,,:::c
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CHARLES ENFINGER
RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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06-40 l 6CFMH

7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to
to prove the lesser-included crime of Manslaughter, the
1.
2.
of
33

CASE NO.:
STATE OF FLORIDA
,,
v.
HENRY DICKENS
CHARLES ENFINGER
r
m
RAYMOND HAUCK
c:,
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016C

827.03(3)(c), Fla. Stat.
(Without Great Bodily Harm, PermanentDisability, or Permanent Disfigurement)

As t
to prove the lesser-included crime of Neglect of a Child, the
1.
2.
3.
by culpable negligence failed or omitted to provide Martin

exploitation by another person .
. was a caregiver for Martin Lee Anderson.

34

35

CASE NO.:
STATE OF FLORIDA
06-4016CF
toe-:,
v.
l>r-
-<f"l'l::x:
HENRY DICKENS
CHARLES ENFINGER
06-401~
06-401
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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782.07(3) and 827.03(3)
As to Raymond Hauck, to prove the crime of Aggravated Manslaughter of a

doubt:
1.
2.
Raymond Hauck caused the death of Martin Lee Anderson by neglecting

3.
Raymond Hauck was a caregiver for Martin Lee Anderson.
4.

36
,,
r-
1.
A caregiver's failure or omtss10n to provide a child with the care,
or
2.
37

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
-.
Cl)c-:,
l>r-
-<ni:c:
HENRY DICKENS
CHARLES ENFINGER
06-40~EijA
06-4
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7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Raymond Hauck, to prove the lesser-included crime of Manslaughter, the

I.
2.
of Raymond Hauck.
38

CASE NO.:
STATE OF FLORIDA
.......
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HENRY DICKENS
CHARLES ENFINGER
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827.03(3)(c), Fla. Stat.
As to Raymond Hauck, to prove the lesser-included crime of Neglect of a Child,

1.
Raymond Hauck by culpable negligence failed or omitted to provide

2.
3.

39
40

CASE NO.:
STATE OF FLORIDA
06-4016CF
V.
HENRY DICKENS
CHARLES .ENFINGER .
RAYMOND HAUCK
:i::,..
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06~~G w
06-4.fil~H
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KRISTIN SCHMIDT
JOSEPH WALSH II
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782.07(3) and 827.03(3)
As to
to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
caused the death of Martin Lee Anderson by neglecting

3.
4.


41
A caregiver's failure or orruss10n to provide a child with the care,
1.
or
2.
42

STATE OF FLORIDA
CASE NO.:
V.
rm
HENRY DICKENS
CHARLES ENFINGER
c:,
RAYMOND HAUCK
06-4016CFMG ~
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II

7.7 MANSLAUGHTER
782.07, Fla. Stat.
As toState must pr=,wo

elements beyond a reasonable doubt:
1.
2.
of
43

STATE OF FLORIDA
CASE NO.:
06-401~
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V.
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c:no
06-40~
06-40~
06-40~
HENRY DICKENS
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RAYMOND HAUCK
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06-4016CFMG
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827.03(3)(c), Fla. Stat.

As to
to prove the lesser-included crime of Neglect of a Child,
1.
2.
3.
by culpable negligence failed or omitted to provide


44
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45

CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
COc-,
l>r
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HENRY DICKENS
CHARLES ENFINGER
06-401~~
06-401
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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AGGRAVATED MANSLAUGHTER OF A PERSON UNDER 18
782.07(3) and 827.03(3)
As to
, to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
caused the death of Martin Lee Anderson by

neglecting Martin Lee Anderson through culpable negligence.
3.
4.


under 18 if the killing was either justifiable or excusable homicide as I have previous! y
46
,,
-
rn
A caregiver's failure or OIIllSStonto provide a child with the care,
1.
or
2.
47

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
,,
r-m
HENRY DICKENS
CHARLES ENFINGER
RAYMOND HAUCK
JOSEPH WALSHII

7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to
, to prove the lesser-included crime of Manslaughter,
the State must prove the following two elements beyond a reasonable doubt:
1.
2.
0
48

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
~
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HENRY DICKENS
CHARLES ENFINGER
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RAYMOND HAUCK
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KRISTIN SCHMIDT
JOSEPH WALSH II
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827.03(3)(c), Fla. Stat.

o prove the lesser-included crime of Neglect of a
Child, the state must prove the following three elements beyond a reasonable doubt:
1.
2.
3.

exploitation by another person .
. was a caregiver for Martin Lee Anderson.

49
-mr-n-

50

.......
c::::,
__,
;3:o.
STATE OF FLORIDA
c:::
en
CASE NO.:
V.
--
)>
HENRY DICKENS
_,
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KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

782.07(3) and 827.03(3)
As to Kristin Schmidt, to prove the crime of Aggravated Manslaughter of a

doubt:
1.
2.
Kristin Schmidt caused the death of Martin Lee Anderson by neglecting

3.
Kristin Schmidt was a caregiver for Martin Lee Anderson.
4.

51
'1
rm

A caregiver's failure or 0In1ss10n to provide a child with the care,
1.
or
2.
52

STATE OF FLORIDA
CASE NO.:
06-401~F2
-<rri::c
(; :::0 )>
V.
o~::u
cna
--,
06-401~~
06-401~
HENRY DICKENS
CHARLES ENFINGER
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7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Kristin Schmidt, to prove the lesser-included crime of Manslaughter, the

1.
2.
of Kristin Schmidt.
53
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rn
0

STATE OF FLORIDA
CASE NO.:
06-4016~
-<rri:::c
C") ::O::t,.
a:::n::
::tJ
V.
c:oa
HENRY DICKENS
CHARLES ENFINGER
c::::,
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06-401~
06-401~.
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06-401~
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......,
KRISTIN SCHMIDT
JOSEPH WALSH II
lt~I
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06-4016CFMH

827.03(3)(c), Fla. Stat.
As to Kristin Schmidt, to prove the lesser-included crime of Neglect of a Child,

1.
Kristin Schmidt by culpable negligence failed or omitted to provide

2.
3.

54
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C,

55

......
c:oC'")
STATE OF FLORIDA
CASE NO.:
C,
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coo
---r.::'.:j::ot:J
06-4016~
06-401
V.
__,
06-4016~;:;;:::::
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c:=
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LA.I
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+::"
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KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH
AGGRAVATEDMANSLAUGHTEROF A PERSONUNDER 18
782.07(3) and 827.03(3)
As to Joseph Walsh II, to prove the crime of Aggravated Manslaughter of a

doubt:
1.
2.
Joseph Walsh II caused the death of Martin Lee Anderson by neglecting

3.
Joseph Walsh II was a caregiver for Martin Lee Anderson.
4.

56
,,
rm
A caregiver's failure or omtss10n to provide a child with the care,
1.
or
2.
57

CRIMINALJUSTICE DIVISION
STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
rm
0
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Joseph Walsh II, to prove the lesser-included crime of Manslaughter, the
1.
2.
of Joseph Walsh II.
58

ST ATE OF FLORIDA
CASE NO.:
06-4016CF
v.
~
HENRY DICKENS
CHARLES ENFINGER
c::::,
__,
::i:,.
c:::
Ci')
RAYMOND HAUCK
J>
KRISTIN SCHMIDT
JOSEPH WALSH II
+:'
-'

827.03(3)(c), Fla. Stat.
As to Joseph Walsh Il, to prove the lesser-included crime of Neglect of a Child,

1.
Joseph Walsh II by culpable negligence failed or omitted to provide

2.
3.

59
-"

60

ST ATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

PREEXISTINGMEDICALCONDITION
You have heard evidence of a preexisting medical condition of
Martin Lee Anderson. Defendants take their victims as they find them and
cannot be excused from guilt because of a victim's condition alone.
C:Oc-,
l>r
-<l"Tl::t:
n ::o '.l>
Weir v. State, 777 So.2d 1073, 1075 (Fla. 4th DCA 2001)
Swan v. State, 382 So.2d 485,487 (Fla. 1975)
::t>
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61
........
c:::,
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__,
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..,,
r-

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMH
. .
' ''
,:

3.11 CAUTIONARY INSTRUCTION
Deciding a verdict is exclusively your job. I cannot participate in that decision in
any way. Please disregard anything I may have said or done that made you think I
preferred one verdict over another.
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62
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rm

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
RAYMOND HAUCK
06-4016CFMF
06-4016CFMG
06-4016CFMH

3.12 VERDICT
You may find the defendant guilty as charged in the information or guilty of such
lesser included crime as the evidence may justify or not guilty.
If you return a verdict of guilty, it should be for the highest offense which has
been proven beyond a reasonable doubt. If you find that no offense has been proven
beyond a reasonable doubt, then, of course, your verdict must be not guilty.
Only one verdict may be returned as to the crime charged. This verdict must be
unanimous, that is, all of you must agree to the same verdict. The verdict must be in
writing and for your convenience the necessary forms of verdict have been prepared for
you. They are as follows:
a,C")
l>r-
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0 .::ir::;:o
C:(")Q
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CASE NO.:
STATE OF FLORIDA
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
__,
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c::
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)>
KRISTIN SCHMIDT
JOSEPH WALSH II
<;?
+="
Q)

VERDICTFORM
As to defendant Henry Dickens, we, the jury, find as follows: (check only one)
__
A.
The defendant is guilty of Aggravated Manslaughter of a

Person under 18, as charged.
__
B.
The defendant is guilty of Manslaughter.
__
c.
The defendant is guilty of Child Neglect.
__
D.
The defendant is not guilty.
As to defendant Charles Enfinger, we, the jury, find as follows: (check only one)
__
A.

__
B.
__ c.
__
D.
64
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'1
r-
As to defendan
__
we, the jury, find as follows: (check only one)
A.

__
B.
__
C.
__
D.
As to defendant Raymond Hauck, we, the jury, find as follows: (check only one)
__
A.

__
B.
__ c.
__
D.
65
As to defendan
__

A.

__
B.
__
c.
__
D.
As to defendant Kristin Schmidt, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
c.
__
D.
As to defendant Joseph Walsh II, we, the jury, find as follows: (check only one)
__
A.

__
B.
__ c.
__
D.
SO SAY WE ALL, dated this ____
day of October, 2007.
Foreperson of the Jury
66

CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-40 l 6CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMH
I , , I

3.12(b) SINGLE COUNT, MULTIPLE DEFENDANTS
The defendants have been tried together; however, you must consider each
defendant and the evidence applicable to him or her separately. You may find any
defendant guilty or not guilty. However, your verdict as to one defendant must not affect
your verdict as to the others.
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STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD

3.13 SUBMITTING CASE TO JURY
In just a few moments you will be taken to the jury room by the bailiff. The first
thing you should do is elect a foreperson who will preside over your deliberations, like a
chairperson of a meeting. It is the foreperson's job to sign and date the verdict form when
all of you have agreed on a verdict in this case and to bring the verdict back to the
courtroom when you return.
Your verdict finding each defendant either guilty or not guilty must be
unanimous. The verdict must be the verdict of each juror, as well as of the jury as a
whole.
In closing, let me remind you that it is important that you follow the law spelled
out in these instructions in deciding your verdict. There are no other laws that apply to
this case. Even if you do not like the laws that must be applied, you must use them. For
two centuries we have lived by the constitution and the law. No juror has the right to
violate rules we all share.
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--I HEREBY CERTIFY that a copy of the foregoing has been furnished to Hoot
Sombathy, attorney fo
.at
527 Jenks A venue, Panama City, Florida 32401; Ashley Benedik, attorney for
Florida 32401, via U.S. mail, on this 22ndday of August, 2007.
MARK A.OBER
STATE ATTORNEY
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69

STATE OF FLORIDA,
Plaintiff.
CASE NOS.:
VS.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-4016CFMB
RAYMOND HAUCK
06-40 l 6CFMD
06-40 l 6CFMF
06-4016CFMG
06-40 l 6CFMH
KRISTIN SCHMIDT
JOSEPH WALSH, II,
Defendants.
__________
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MOTION IN LIMINE RE:JURY INSTRUCTIONS;

NON-HOMICIDELESSER INCLUDEDOFFENSES
Pursuant to applicable law, the Defendants move this Honorable Court to rule in
limine regarding the State's request to instruct the jury in accordance with non-homicide lesser
included offenses.
As grounds therefor, Defendants would show:
1. The Defendants are charged collectively with the offense of aggravated

manslaughter of a child. Each Defendant is charged as a principal in causing the death of the
victim. The State has alleged that all defendants are jointly and severally responsible for the
victim's death.
2. The State has proposed that the Court instruct the jury in accordance with one
or more non-homicide lesser offenses. Defendants submit that the jury should be instructed only
in accordance with the charged offense, aggravated manslaughter of a child, and no lesser
included offenses.
'i
"
3. "Where a homicide has taken place, the proper jury instructions are restricted
to all degrees of murder, manslaughter, and justifiable and excusable homicide." Martin v. State,
342 So.2d 501, 503 (Fla. 1977). Only under "peculiar facts" would it be appropriate to instruct a
jury on non-homicide lesser included offenses. See Drotar v. State, 433 So.2d 1005 (Fla. 3rd
DCA 1983).
4. Where one or more defendants act in concert to cause the death of the victim, it
is improper to instruct on non-homicide lesser included offenses. Humphrey v. State, 690 So.2d
1351 (Fla. 3rctDCA 1997).
WHEREFORE, Defendant moves this Honorable Court to instruct the jury only in
accordance with the jury instruction on aggravated manslaughter of a child, and no non-homicide
lesser included offenses.
I HEREBY CERTIFY that a copy of the foregoing has been furnished to Michael
Sinacore, Assistant State Attorney, 800 E. Kennedy Blvd., Third Floor, Tampa, FL ~02;
the persons listed on the attached Additional Service List, by U.S. Mail this
;i_:>
and to
day of
August, 2007.
Respectfully submitted,
WALTER B. SMITH
DEPUTY PUBLIC DEFENDER
FOURTEENTH JUDICIAL CIRCUIT
P. 0. BOX580
115 EAST 4THSTREET
(850) 784-6155
FLORIDA BAR NO.: 291749
'
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ADDITIONALSERVICELIST
Ashley S. Benedick
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
James H. White, Jr.
Attorney at Law
229 McKenzie A venue

STATE OF FLORIDA,
Plaintiff.
vs.
CASE NOS.:
06-4016CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-40 l 6CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH, II,
Defendants.
06-4016CFMF
06-4016CFMG
06-4016CFMH
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MOTION IN LIMINE RE;

EVIDENCEAND TESTIMONYDIRECTED
TO ISSUE OF "CORPORALPUNISHMENT"
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Pursuant to applicable law, the Defendants seek a pre-trial ruling regarding the
admissibility of evidence and testimony directed to the issue of corporal punishment. As grounds
therefor, Defendants would show:
1. Defendants anticipate that an issue at trial will be whether the defendants'
engaged in corporal punishment during their interaction with the decedent, Martin Anderson.
2. The State has enlisted the assistance of a use-of-force expert, Steve Martin.
Mr. Martin has opined that the defendants in this case were using force in order to compel Martin
Anderson to complete a required 1.5 mile run at the boot camp. Mr. Martin characterized the
actions of the defendants as de facto corporal punishment, which, in his opinion, "is illegal in
American corrections."
3. Under Florida law, a parent, or one standing in loco parentis, may use corporal
'
punishment in disciplining a child. Raford v. State, 828 So.2d 1012 (Fla. 2002). Florida has
long recognized a parental privilege with regard to disciplining a minor who is under the care,
custody, and control of the adult. See, Kama v. State, 507 So.2d 154 (Fla. 1stDCA 1987).
4. An essential allegation against the Defendants in this case is that they were
acting in the role of a "caregiver" through their employment at the Bay County Sheriffs Boot
Camp. By definition, a caregiver is the functional equivalent of a parent, and would be afforded
the same parental privilege as a biological parent. The term statutorily includes persons
employed at a boot camp. 39.01 (46), Fla .. Stat. (2007).
5. As a result, the Defendants in this case could lawfully use corporal punishment
as a means of disciplining or correcting the behavior of the juvenile offenders who are placed
within their care, custody, and control at the boot camp. It would be erroneous and misleading to
suggest to the jury that corporal punishment is ,run:
se unlawful or inappropriate within a boot
camp facility.
WHEREFORE, Defendant moves this Honorable Court to enter a pre-trial ruling
excluding evidence and testimony suggesting that corporal punishment is legal.
Sinacore, Assistant State Attorney, 800 E. Kennedy Blvd., Third Floor, Tampa, FL 33602; and to
'.
.
the persons listed on the attached Additional Service List, by U. S. Mail this
2)
f~
day of
August, 2007.
WALTER B. SMITH
FOURTEENTH JUDICIAL CIRCUIT
P. 0. BOX580
115 EAST 4rn STREET
(850) 784-6155
' '
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Ashley S. Benedick
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
James H. White, Jr.
Attorney at Law

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NOS.:
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-40 l 6CFMD
---------------
HENRY MCFADDEN, JR.,

KRISTIN SCHMIDT,
JOSEPH WALSH, II,
Defendants.
___________
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06-4016CFMG
06-4016CFMH
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DEFENDANTS' PROPOSED JURY INSTRUCTION

RE: AGGRAVATED MANSLAUGHTER OFA CHILD
Pursuant to applicable law, the Defendants move this Honorable Court to instruct
the jury in accordance with the following jury instruction:
To prove the crime of aggravated manslaughter of a child, the State must prove
the following four elements beyond a reasonable doubt:
1. Martin Lee Anderson is dead.
2. Martin Lee Anderson was under the age of eighteen ( 18) at the time of his
death.
3. The Defendants were caregivers for Martin Lee Anderson at the time of his
death.
4. (a.) The death of Martin Lee Anderson was caused by the Defendants' culpable
negligence in failing to provide Martin Lee Anderson with the care, supervision, and services
necessary to maintain Martin Lee Anderson's physical and mental health, including, but not
limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a
prudent person would consider essential for the well-being of Martin Lee Anderson, or
(b.) The death of Martin Lee Anderson was caused by the Defendants' culpable
negligence in failing to make a reasonable effort to protect Martin Lee Anderson from abuse,
neglect, or exploitation by another person.
The culpably negligent behavior of the Defendants may be based on repeated
conduct or on a single incident or omission that results in, or could reasonably be expected to
result in substantial and foreseeable risk of death to Martin Lee Anderson. However, the
Defendants cannot be guilty of aggravated manslaughter of a child if the killing was either
reasonably toward others. If there is a violation of that duty, without any conscious intention to
harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary
care toward others. In order for negligence to be culpable, it must be gross and flagrant.
Culpable negligence is a course of conduct showing reckless disregard of human life, or of the
safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a
presumption of a conscious indifference to consequences, or which shows wantonness or
recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an
indifference to the rights of others as is equivalent to an intentional violation of such rights.
for the safety of others. Culpable negligence is consciously doing an act or following a course of
conduct that the defendant must have known, or reasonably should have known, was likely to
cause death or great bodily injury.
I will now define "caregiver" for you. A "caregiver" means a parent, adult
household member, or other person responsible for a child's welfare.
and to
Sinacore, Assistant State Attorney, 800 E. Kennedy Blvd., Third Floor, Tampa, FL ~3c1_02;
the persons listed on the attached Additional Service List, by U. S. Mail this
~:> day of
August, 2007.
Respectfully submitted,
WALTER B. SMITH
P. 0. BOX580
(850) 784-6155
,,
.... ,
..
ADDITIONALSERVICELIST
Ashley S. Benedick
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia A venue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
James H. White, Jr.
Attorney at Law
.'

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NOS.:
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-4016CFMB
RAYMOND HAUCK
06-40 l 6CFMD
KRISTIN SCHMIDT
JOSEPH WALSH, II,
Defendants.
____________
06-40 l 6CFMF
06-4016CFMG
06-4016CFMH
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DEFENDANTS' PROPOSED JURY INSTRUCTION

RE: EXCUSABLE HOMICIDE
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Pursuant to applicable law, the Defendants move this Honorable Court to instruct
the jury in accordance with the principle of excusable homicide. As grounds therefor,
Defendants would show:
1. The court is required read to the jury the standard jury instruction entitled
"Introduction to Homicide." Within this instruction, the court will define the principle of
excusable homicide.
2. The standard jury instruction provides that excusable homicide may occur in
one of three circumstances, including: "When the killing is committed by accident and
misfortune in doing any lawful act by lawful means with
fl1
Yfil!filordinazy caution and without any
unlawful intent."
3. The underlined phrase renders the jury instruction erroneous since it implies
that a killing which is done through mere negligence cannot be excusable homicide. In fact, it is
unconstitutional to punish negligent conduct as a crime. State v. Smith, 638 So.2d 509 (Fla.
1994).
4. Defendants maintain that the death of Martin Lee Anderson could be construed
to be a case of excusable homicide. A reasonable juror could conclude that the death of Martin
Lee Anderson was due to the accidental and unfortunate condition of sickle cell trait, which was
transformed into a medical crisis by physical exertion and then exacerbated by the actions of the
defendants. At most, the Defendants' conduct constituted simple negligence in failing to
recognize that Martin Lee Anderson was suffering a medical crisis, and not malingering.
Based upon the foregoing, the Defendants propose the following language in lieu
of the standard jury instruction:
"When the killing is committed by accident and misfortune in doing any lawful
act without any unlawful intent." or, alternatively:
"When the killing is committed by accident and misfortune in doing any lawful
act without any conscious intention to harm."
Sinacore, Assistant State Attorney, 800 E. Kennedy Blvd., Third Floor, TMpa, FL 33602; and to
the persons listed on the Additional Service List, by U. S. Mail this
2 :J day of August,
!r~u~iu
WALTER B. SMITH
P. 0. BOX580
(850) 784-6155
2007.
'.
;.
Ashley S. Benedick
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia A venue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
James H. White, Jr.
Attorney at Law

STATE OF FLORIDA,
Plaintiff,
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
~
KRISTIN SCHMIDT
JOSEPH"WALSH II
06-4016CFMA
06-4016CFMB
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016C~~
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-MOTION TO ALLOW ISSUANCE OF

SUBPOENA DUCES TECUM WITHOUT DEPOSITION;~~
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COMES NOW the Defendant, HENRY DICKENS, by and through his tMirsignC
attorney, and moves this court for entry of an order directing the clerk to issue a subpoena duces
tecum without deposition, and as grounds therefore would show:
1.
The Defendant has been accused of the offense of Aggravated Manslaughter of a

child. The alleged victim is Martin Lee Anderson.
2.
Based upon the discovery conducted, the undersigned has found that the Juvenile
Court records, either audio recordings or transcripts, of proceedings during 2005
or January 2006 involving the alleged victim will assist the Defendant in the
preparation of his defense.
NOW, WHEREFORE, the Defendant respectfully requests that the court will grant this
motion, and direct the clerk to issue a subpoena duces tecum without deposition for the Juvenile
Court recordings or transcripts from any proceedings involving Martin Lee Anderson in 2005 or
January 2006 upon the request of the undersigned defense counsel.
DATED this 23rd day of August, 2007.
HOOT CRAWFORD
748 Jenks Ave
(850) 913-9661
CERTIFICATEOF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Motion has been furnished by the
undersigned counsel by U.S. Mail to Michael Sinacore, Assistant State's Attorney, 800 East
Kennedy Boulevard, 3rdFloor, Tampa FL 33602 and Gina Jones c/o Benjamin Crump, 240
North Magnolia Drive, Tallahassee FL 32301; and to those persons set forth in the attached
Additional Service List, this 23rdday of August, 2007.
1.

1004 Jenks Ave
2.
James H. White, Jr., Esquire

229 McKenzie Ave
3.

527 Jenks Ave
4.

P.O. Box 327
5.

P.O. Box 651
6.

P.O. Box 580
7.
Robert S. S'ombathy, Esquire

P.O. Box430

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO.:
HENRY DICKENS
CHARLES ENFINGER
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CF
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFMF
.06-4016CFMG
06-4016CFMH
ORDER GRANTING MOTION TO ALLOW ISSUANCE

OF SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THIS CAUSE came on to be heard upon the Defendant's Motion to Allow Issuance Of
Subpoena Duces Tecum Without Deposition, and the Court having heard argument of counsel,
and the Court being otherwise fully advised in the premises, it is therefore
ORDERED AND ADJUDGED that the Clerk of this Court shall issue a subpoena duces
tecum directed to the Clerk of Juvenile Court and the person responsible for the Court Smart
audio recording system.
DONE AND ORDERED in chambers at Panama City, Bay County, Florida, this_
of August, 2007.

Michael Sinacore
Hoot Crawford
Clerk of the Juvenile Court
Court Smart Clerk
day

STATE OF FLORIDA,
Plaintiff,
CASE NO:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
KRISTIN SCHMIDT
JOSEPH WALSH II
06-40 l 6CFMA
06-40 l 6CFMB
06-4016CFMC
06-40 l 6CFMD
06-40 l 6CFMF
06-4016CFMG
06-40 l 6CFMH
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA

COUNTY OF BAY
TO: CLERK OF THE JUVENILE COURT and COURT SMART RECORDING CLERK
YOU ARE COMMANDED to produce at the law offices of Hoot Crawford, 748 Jenks
Ave, Panama City, Florida 32401, within ten (10) days from the date of service of this subpoena,
the following:
1. A copy of any and all audio court proceedings or transcripts involving Martin Lee Anderson
and any criminal charge(s) that were heard before the Court and/or charges that arose from
incidents that occurred in 2005 or January 2006.
All items produced will be inspected and may be copied at that time. You will not be
required to surrender the original items. You may comply with this subpoena by providing
legible copies of all items to be produced to the attorney whose name appears on this
subpoena .on or before the scheduled date of production. You may condition the
preparation of the copies upon the payment in advance of the reasonable cost of
preparation. You may mail or deliver the copies to the attorney whose name appears on
this subpoena and thereby eliminate your appearance at the time and place specified above.
You have the right to object to the production pursuant to this subpoena at any time before the
production by giving written notice to the attorney whose name appears on this subpoena.
If you fail to (1) appear as specified; or (2) furnish the records instead of appearing as
provided above; or (3) object to this subpoena, you may be in contempt of court.
You are subpoenaed by the attorney whose name appears on this subpoena and, unless
excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as
directed.
WITNESS my hand and official seal of this Court on the_
HOOT CRAWFORD
748 Jenks Ave
(850) 913-9661
day of August, 2007.
CLERK OF THE CIRCUIT COURT

By:___________
Deputy Clerk

CASE NO.
STATE OF FLORIDA,
Plaintiffs,
06-4016-CFMA
v.
HENRY DICKENS
CHARLES ENFINGER
KRISTIN S
JOSEPH WALSH II
Defendants.
NOTICE OF HEARING
TO:
Michael C. Sinacore
County Courthouse Annex
5th Floor, 800 East Kennedy Blvd
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YOU ARE HEREBY NOTIFIED that the undersigned has set down for hearing before the
Honorable Michael Overstreet, one of the Judges of the above-styled Court, located at Panama City,
Bay County, Florida, at 8:30 a.m. on the 301h day of August, 2007, or as soon thereafter as counsel
may be heard on all pending motions flied by any Defendant and/or the State.
DATED this
-Z~ay
of August, 2007.
I HEREBY CERTIFY that a copy of the foregoing Notice of Hearing was served by U.S. Mail
on the above-named addressee, and to the persons listed on the attachment, on the
aforementioned date.
ES H. WHITE, JR.
orida Bar No.: 309303
229 McKenzie Avenue
{850) 785-1522
cc: Judge Overstreet
..
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580
Gina Jones, Personal Representative
c/o Benjamin L. Crump, Esquire
Tallahassee,FL 32301

STATE OF FLORIDA,
CASE NO.
06-4016-CFMA
Plaintiffs,
v.
HENRY DICKENS
CHARLES ENFINGER
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MOTION TO ALLOW ISSUANCE OF

SUBPOENA DUCES TECUM WITHOUT DEPOSITION
COMES NOW the Defendant, RAYMOND HAUCK, by and through his undersigned
attorney, and moves this court for entry of an order directing the clerk to issue a subpoena
duces tecum without deposition, and as grounds therefore would show:
1.
The
Defendant
has been accused
of the offense
of aggravated
manslaughter. The alleged victim is Martin Lee Anderson.

2.
Based upon the discovery conducted, the undersigned has found that Martin
Lee Anderson was treated at Life Management Center of Northwest Florida, Inc.
(hereinafter referred to as Life Management Center) at times pertinent to this case. Martin
Lee Anderson's medical records from Life Management Center have not been produced
by the State of Florida in discovery, although the State has produced other Martin Lee
Anderson medical records.
3.
Defendant needs to review the medical records of Martin Lee Anderson from
Life Management Center to properly prepare the defense of his case. These records are
requested in conjunction with Martin Lee Anderson's general mental and physical health,
as well as his seizure disorder and noncompliance in taking his prescribed dilantin
medication. These records are discoverable, and could be pertinent to several issues,
including Martin Lee Anderson's medical course and death, his acceptance into the Bay
County Boot Camp Program, and impeachment of witnesses.
NOW, WHEREFORE, the Defendant respectfully requests that the court will grant
this motion, and direct the clerk to issue a subpoena duces tecum without deposition for
the medical records of Martin Lee Anderson from Life Management Center, upon the
request of the undersigned defense counsel.
STAA TS, WHITE & GRABNER
H. WHIT , JR.
BarNo.309303
229 McKenzie Avenue
(850) 785-1522
A TIORNEY FOR DEFENDANT
I HEREBY CERTIFY that a copy of the foregoing Motion has been furnished by U.S.
Mail, to Michael C. Sinacore, Assistant State Attorney, 800 East Kennedy Boulevard, 3rd
Floor, Tampa, Florida 33602-4148; and to those persons set forth in the attached
Additional Service List, this 23rd day of August 2007.
1.

1004 Jenks Avenue
2.

P.O. Box 1103
3.

527 Jenks Avenue
4.

P.O. Box327
5.

P.O. Box 651
6.

P.O. Box 580
7.

P.O. Box430
8.
Gina Jones, Personal Representative

c/o Benjamin L. Crump, Esquire

STATE OF FLORIDA,
Plaintiffs,
CASE NO.
06-4016-CFMA
V.
(")
HENRY DICKENS
CHARLES ENFINGER
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MOTION IN LIMINE: EVIDENCE CONCERNING

PROCEDURES AT OTHER BOOT CAMPS
COMES NOW the Defendant, RAYMOND MORRIS HAUCK, by and through the
undersigned attorney, and moves this Court to rule in limine prohibiting any evidence and/or
testimony regarding the policies and procedures of juvenile boot camps in the State of Florida,
other than the Bay County Boot Camp, pursuant to applicable law, including Florida Statutes
90.401 and 90.403, and as grounds therefore would show:
1.
The State has listed, as fact witnesses, five witnesses who were, at times material,
employees of sheriffs in Martin County, Pinellas County, Polk County, and Manatee County in the
Florida juvenile boot camps in those counties. Defendant anticipates the prosecution will attempt
to show the policies and procedures of these other juvenile boot camps, and will attempt to show
that some procedures, such as use of force and use of ammonia capsules, followed at the Bay
County facility were not followed at the other boot camps.
2.
Any evidence concerning the policies and procedures employed by any of these
juvenile boot camp facilities would not be relevant to prove a material fact in this case. This motion
includes, without limitation, evidence concerning the policies and procedures of other boot camps
regarding the general training of its employees, the specific training of employees in use of force
'
techniques, and the specific use of ammonia capsule policies and procedures.
3.
Defendant is charged with aggravated manslaughter of a child in a Bay County
juvenile boot camp facility; the policies and procedures of other boot camp facilities where he did
not work, was not trained, and was not informed, cannot be relevant.
4.
While Defendant submits that the evidence sought to be prohibited is not relevant,
any such evidence should also be found inadmissible because the probative value would be
substantially outweighed by the danger of unfair prejudice, confusion of issues, and misleading the
jury. The Defendant's conduct in this case should be evaluated by the jury considering the
governing law, and not by the policies and procedures of some far away boot camp with which he
is not familiar. If the State were allowed to present such evidence, the issue could be expected to
rise to the level of a "mini-trial" and could become a feature of Defendant's trial, necessitating the
expenditure of unwarranted court time.
5.
"A defendant is entitled to be tried on the evidence in his or her particular case,
rather than on characterizations or testimony about generalized patterns of behavior." Lewis v.

State, 754 So.2d 897, 902 (Fla.
1st
DCA,2000).
NOW WHEREFORE, Defendant respectfully requests that this court will enter its order
prohibiting the State from introducing evidence of the policies and procedures of other Florida
juvenile boot camp facilities.
I HEREBY CERTIFY that a copy of the foregoing Motion has been furnished by U.S.
Mail, to Michael C. Sinacore, Assistant State Attorney, 800 East Kennedy Boulevard, 3rd
Floor, Tampa, Florida 33602-4148; and to those persons set forth in the attached
-------------,,
---~----------------~-
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Additional Service List, this 23roday of August, 2007.
H. WHITE, JR.
a Bar No.: 309303
229 McKenzie Avenue
(850) 785-1522
A TIORNEY FOR DEFENDANT
J.WIVlr-
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box580
'
-,.

....,
STATE OF FLORIDA
CASE NO.:
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CHARLES ENFINGER
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RAYMONDHAUCK
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06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
STATE'S FIRST MOTIONFOR ORDERIN LIMINE

THE STATE OF FLORIDA, moves
instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
(s)
trial
first
hearing
only
Court
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
this
to
before
from
the
of the
jury
the
on
jury,
immaterial
to
the
the
to
the
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
from
grounds
the
jurors
authority
in
making
the
that
Court
said
involved
against
v.
any
matter(s)
issues
of Henry
Limine
the
State,
State
290
73 (2d DCA 1974).

1,
Any
bad
character
evidence
concerning
the
victim
Martin
Anderson.
Any bad acts
Any acts
r, 4.
Any
5.
Any
of aggression
inquiry
alleged
/1
committed
of
substance
toxicological
hospitalization
by Martin
Anderson.
or violence
any
witness
abuse
and
by Martin
screening
following
by Martin
argument
concerning
Martin
Anderson's
to
boot
Anderson.
done
his
any
Anderson.
during
admission
the
camp
'i
specifically
A.
any positive
'Any arrest
or criminal
the underlying
../f:
facts
'Any inquiry
whether
of
Martin
any
'Any school
or
academic
b.
disciplinary
admission
'Any incidents
7 12.
'Any
or not.
'Anderson.
Martin
'Anderson
or
the
reports
prior
to
or records
years
of this
c. any treatment
made
the boot
by
Martin
camp on January
where Martin
Anderson
contained
within
Evaluation",
Court,
which
to include
'Anderson
5, 2006.
ran away from home.

a
was
but not
of aggression
acts
b. any evaluations
record
titled
previously
limited
"DJJ
sealed
by
to:
or violence
or opinions
recommendations
d. any bad character
evidence
e.
any alleged
abuse
f.
any alleged
behavioral
descriptions
problems
of
concerning,
the
his
parents
or stepfather.
mental
health
h. any
concerning
to include:
statements
any reported
g. any
records
school
Comprehensive
a.
argument
active
for
or conviction
detentions
information
order
any
including
suspensions
into
/J.1.
and
or misconduct
any repeated
'Any hearsay
of any arrest
records
performance
d. any in school
;., 10.
'Anderson
of weapons by Martin
academic
c. any school
cannabinoids.
of Martin
witness
of such records
a.
for
'Anderson was sexually
possession
e.
history
or charges
'Any alleged
contents
screening
the
relationship
or
medical
or demonstrated
nature
of,
between
Martin
diagnosis
attitude
or
or
opinions
'Anderson
and
treatment
of

Martin
Anderson.
i.
any medications
j.
any
statements
parents
P.O.
Box 1103,
Defender,
Panama City,
attorney
Panama City,
for
Florida
for
for
Florida
32402;
430,
Robert
Panama City,
Raymond Hauck,
Anderson
Martin
foregoing
Motion
Walter
at
Sombathy,
at 229 McKenzie
or
his
at
in Limine
has been
748 Jenks
Avenue,
B. Smith,
Deputy
4th Street,
115 East
Florida
Anderson
Anderson.
Henry Dickens,
Enfinger,
32402-0580;
1111111111
at P.O. Box
attorney
attorney
Charles
to
or Robert
a copy of the
to Hoot Crawford,
to Martin
attributed
Gina Jones

furnished
prescribed
attorney
32402;
Avenue,
Public
P.O.
Box 580,
forlllllllll
James
H. White,
Panama City,
Jr.,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this
32402-0327;
Pell,
Schmidt,
attorney
Panama City,
:2/
at
for
Joseph
32401,
attorney
Florida
1004 Jenks
Florida
day of August,
Dingus,
32401;
Avenue,
Walsh
via
forlllllll
U.S.
Ashley
Panama City,
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARKA. OBER
STATE ATTORNEY
~~/ --
SCOTT HARMON
FLORIDA BAR #933775
SH/als
;..

STATE OF FLORIDA
CASE NO.:
06-4016CF
g
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v.
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r-
"Tl
c:::
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HENRY DICKENS
CHARLES ENFINGER
l>
RAYMONDHAUCK
c:,
...
.,:::
KRISTIN SCHMIDT
JOSEPH WALSH II
STATE'S SECONDMOTIONFOR ORDERIN LIMINE
instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
presence
and will
thereby
requiring
serve
the
without
and
at
of
irrelevant
to
a mistrial,
(s)
to
before
an
the
of the
jury
on
immaterial
to
the
the
to
the
in
from
the
jury,
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
Court
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
herein,
So.2d
Attorneys
moves
grounds
jurors
authority
making
from
the
the
Court
that
said
involved
against
v.
any
matter(s)
issues
of Henry
Limine
the
State,
State
290
73 (2d DCA 1974).

_/'l.
2.
Any bad
character
Any allegations
evidence
of
concerning
substance
abuse
Gina
or
Jones.
alcohol
abuse
by Gina
Jones.
<'7.3.
.
Any h earsay
statements
CJ 4,
Any inquiry
as
authority
Anderson
<:l
l.!e.
5.
Any inquiry
at
to
the
had sickle
into
b y Gina
.
whether
time
of Martin
cell
Gina
Gina
Jones.
Jones
was told
Anderson's
by any medical
birth
that
Martin
trait.
Jones'
personal
knowledge
of the
Panama
City
Boot
Camp,
was admitted
the
boot
to
Boot
A.
or
Jones
Any change
to
to
before
include
observation
Gina
Martin
Jones
Anderson's
his
How often
Martin
Martin
Jones
Anderson
any prior
of the
or
Anderson
boot
actual
sent
visits
to
camp.
actions
to the
taken
Panama City
Anderson
out
ever
Any inquiry
what
or
or
after
spent
the
financial
any
status
after
civil
settlement
his
grandparents
death.
Anderson
had
employment
death
else
Martin
Jones
or
camp,
of
have
in Gina
or anywhere
~o.
boot
wishes
concerning
If
the
operated,
Camp.
Martin
J9.
how it
camp or any prior
Any desires
by Gina
or
of Gina
had
asked
into
when Gina
type
of
Jones'
ever
him to
night
home.
ran
away
leave
home.
Jones
punishment
at
from
would
she
home
punish
used
to
or
if
Martin
Gina
Anderson
discipline
Martin
Anderson.
Jil.
Any inquiry
Jones
---r2.
or Robert
Any inquiry
limited
the
into
Gina
of
when Martin
Jones
other
Martin
Anderson
Anderson
children
to
by
Gina
misbehaved.
include
but
not
to:
where
b.
what
c.
whether
d.
Ms. Jones
marital
marital
status
they
they
were
Anderson
a living
have
criminal
status
of
Gina
history
at
the
Jones
or not
time
of
at
the
their
time
births
of
Martin
birth.
opinion
concerning
raised
do for
they
Anderson's
Any
punishment
Anderson
a.
The
~-
into
or
the
observation
relationship
and Robert
Anderson.
that
that
Gina
existed
Jones
between
may
have
Martin
..
~-
Any opinion
Anderson
16.
or
belief
was associated
Any investigations
Children
opinions
of
and
Gina
with
contained
within
Any inquiry
into
misbehaved
in
the
Any arrest
or
criminal
underlying
facts
Gina
and
as
to
any criminal
involving
Families
Jones
any
whether
element
Jones
or group.
by the
allegations,
Martin
Department
of
statements
or
any DCF records.
any specific
incidents
home and
the
where Martin
subsequent
actions
Anderson
of
Gina
Jones.
18.
Any meetings
current
or charges
between
Governor
conversation
history
between
Gina
Jones
including
the
of any arrest.
Gina Jones
Charlie
of
and then
Crist
Ms. Jones
and
Governor
the
Jeb Bush or
content
and Governor
of
any
Bush or Governor
Crist.
furnished
P.O.
to Hoot Crawford,
Box 1103,
Defender,
Panama City,
attorney
Panama City,
Florida
for
a copy of the
attorney
for
Florida
32402;
Charles
32402-0580;
Enfinger,
Robert
foregoing
Motion
Henry Dickens,
Walter
at
B. Smith,
115 East
Sombathy,
at
in Limine
has been
748 Jenks
Avenue,
Deputy
4th Street,
attorney
for
Public
P.O.
Box 580,
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond Hauck,
Panama City,
Florida
32402;
at 229 McKenzie Avenue,
James H. White,
Panama City,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this
32402-0327;
Pell,
Schmidt,
attorney
Panama City,
_,_~~/,__~day
at
Dingus,
Florida
1004 Jenks
for
Florida
of August,
Joseph
32401,
SH/rje
32401;
Avenue,
via
U.S.
Ashley
Panama City,
Walsh II,
at
mail
514 Magnolia
and
2007.
Respectfully
~c
attorney
submitted,
MARKA. OBER
STATE ATTORNEY
SCOTT HARMON
FLORIDA BAR #933775

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
- ,,
-
06-4016,a~
06-401~~
:s
__,
>-
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MB
1
06-401~
06-401~M1!
KRISTIN SCHMIDT
JOSEPH WALSH II
)>
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.:
)>--j
..0
STATE'S THIRD MOTION FOR ORDER IN LIMINE

instructing
direct
the
or indirect
hereinafter
outside
matter(s)
set
the
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
Court
to
before
an
the
of the
jury
on
immaterial
to
the
the
jurors
authority
the
said
involved
against
v.
Court
that
issues
of Henry
any
matter(s)
from
the
Limine
making
grounds
to
the
in
from
the
jury,
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
the
State
State,
290
73 (2d DCA 1974).
/i.
"7. 2 .
'b.
Any bad
character
Any hearsay
Any arrest
the
evidence
statements
or
Any inquiry
facts
into
any
Robert
made by Robert
criminal
underlying
concerning
history
of
Anderson.
Anderson.
Robert
Anderson
or the
nature
of the
charges.
child
support
actions
taken
to
include
against
Mr.
Anderson.
r; 5.
Any
inquiry
medical
into
personal
whether
at
the
Mr.
time
Anderson
of Martin
was
advised
Anderson's
birth
by
any
that
'
Martin
Anderson
Any change
status
in
since
had sickle
cell
Mr. Anderson's
Martin
trait.
financial
Anderson's
death
status
or
or pursuant
employment
to any civil
settlement.
The nature
'lo 7.
Martin
..-13.
and extent
the
type
and extent
discipline
Any meetings
748 Jenks
Deputy
P.O.
Avenue,
Public
Box 580,
furnished
P.O.
Defender,
with
Robert
Anderson
either
a copy of the
Panama City,
Florida
Anderson
Anderson
Panama City,
for
Charles
32402-0580;
and then
Crist
had
and the
Governor
Bush
and any conversations
Governor.
foregoing
to Hoot Crawford,
attorney
of Martin
Anderson
and Governor
had with
Box 1103,
Robert
used.
between
Mr. Anderson
has been
relationship
of any involvement
and punishment
of punishment
and Robert
Limine
Anderson's
Anderson .
The nature
in
of Robert
attorney
Florida
Enfinger,
Robert
Motion
for
for
in
Henry Dickens,
32402;
at
Order
Walter
115 East
Sombathy,
at
B. Smith,
4th Street,
attorney
for
',
..
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond Hauck,
Panama City,
at
Florida
32402;
229 McKenzie Avenue,
James
H. White,
Panama City,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this
32402-0327;
Schmidt,
Pell,
attorney
Panama City,
':2'/ day
at
for
Joseph
32401,
attorney
Florida
1004 Jenks
Florida
of August,
Dingus,
32401;
Avenue,
Panama City,
Walsh II,
via
U.S.
Ashley
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARKA. OBER
STATE ATTORNEY
~~~~
SCOTT HARMON
FLORIDA BAR #933775
SH/rje

-,,;1 ;

.....
CASE NO.: 0 6-4 016c:&('")
STATE OF FLORIDA
--'
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HENRY DICKENS
CHARLES ENFINGER
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06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
r
m
....ii:
RAYMOND
HAUCK
,,
-
c=
c=
l>r-
STA'l'E'S FOURTHMOTIONFOR ORDRIN LIMINE

instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
Court
(s)
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
to
before
an
from
the
of the
jury
permission
the
on
jury,
pursuant
to
the
into
civil
to
the
from
the
immaterial
prejudice
Order
refrain
obtaining
or
unfairly
for
grounds
the
jurors
authority
in
making
of Henry
v.
any
matter(s)
the
Court
that
said
issues
against
Limine
involved
the
State
State,
290
73 (2d DCA 1974).
'l
1.
Any inquiry
Martin
Anderson
lawsuits,
the
distribution
executive
2.
Any
legal
any
after
creation
inquiry
counsel
his
monetary
and
into
after
lawsuits
death,
amount
any
any
of
inquiry
of the
brought
any
into
Martin
by the
settlement
settlement
the
Lee Anderson
Gina
Jones
and
Robert
the
death
of Martin
family
of
of
any
and
its
legislative
Act.
Anderson
Anderson.
retaining
or

Limine
has been
748 Jenks
Deputy
P.O.
furnished
Avenue,
Public
Box 580,
P.O.
attorney
Box 1103,
P.O.
for
Florida
Box 430,
Raymond Hauck,
Motion
attorney
Panama City,
attorney
Panama City,
for
foregoing
to Hoot Crawford,
Defender,
at
Jr.,
a copy of the
Charles
for
Florida
for
at
Walter
Robert
Sombathy,
Panama City,
Florida
32402;
229 McKenzie
Avenue,
at
B. Smith,
4th Street,
115 East
32402-0580;
at
in
Henry Dickens,
32402;
Enfinger,
Order
attorney
for
James H. White,
Panama City,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this
32402-0327;
Schmidt,
Pell,
attorney
Panama City,
~day
at
for
Joseph
32401,
attorney
Florida
1004 Jenks
Florida
of August,
Dingus,
32401;
Avenue,
Walsh
via
for
U.S.
Ashley
Panama City,
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARKA. OBER
STATE ATTORNEY
~~-
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
11111111
"
"
I
IN THE CIRCUIT COURT OF THE FOURTEEN JUDICIAL
CIRCUIT

STATE OF FLORIDA
CASE NO.:
-..... ..,,
06-4016g;C":)
l>r-
v.
-<l'Tt::c
--'
o:::i.::::o
C:
>-
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CC")O
HENRY DICKENS
CHARLES ENFINGER
06-4016~
06-4016=
RAYMONDHAUCK
06-4016c!'~
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
)>
e
.r::
..D
STATE'S FIFTH MOTIONFOR ORDERIN LIMINE

instructing
direct
the
or
indirect
hereinafter
set
outside
the
matter(s)
is
will
thereby
requiring
forth,
without
and
serve
748 Jenks
Deputy
P.O.
at
of
to
a mistrial,
(s)
to
before
an
from
the
of
jury
the
on
jury,
immaterial
to
the
grounds
the
Henry
v.
any
matter(s)
the
Court
that
said
involved
against
of
Limine
making
issues
jurors
authority
in
the
from
the
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
Court
trial
first
irrelevant
1.
The arrest
and
underlying
facts
or
charges.
a copy
of
the

has
Defendant
hearing
only
this
the
State
State,
290
to
include
the
Order
in
(2d DCA 1974) .

./
Limine
the
whatsoever
incompetent,
and
73
for
mention
presence
herein,
So.2d
Attorneys
moves
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
Hoot
attorney
City,
Florida
criminal
record
foregoing
Crawford,
Panama
for
of
City,
Charles
32402-0580;
attorney
Florida
Enfinger,
Robert
Carl
Jones
Motion
for
for
Henry
32402;
at
Dickens,
Walter
115 East
Sombathy,
at
B. Smith,
4th Street,
attorney
for
at
Jr.,
attorney
for
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
City,
Florida
229 McKenzie
32402;
Avenue,
James
Panama
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527 Jenks
for
and
Box 651,
on this~/
Avenue,
Kristin
Robert
Jonathan
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
forllllllll
attorney
U.S.
Ashley
Panama
II,
at
mail
City,
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
c;.cc~te:=
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
.,
CIRCUIT

STATE OF FLORIDA
CASE NO.: 06-4016CF
.....
v.
..,,
-r
c:::>
c:::>
--'
:I>
C:
HENRY DICKENS
CHARLES ENFINGER
a>
N
)>
RAYMOND
HAUCK
e
06-4016
F
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSHII
+:
.D
STATE'S SIXTH MOTIONFOR ORDERIN LIMINE

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
forth,
will
thereby
requiring
the
without
and
serve
at
hearing
to
a mistrial,
Court
of
to
before
an
from
the
of the
jury
the
on
jury,
immaterial
to
the
the
of
any
matter(s)
issues
the
Court
that
said
involved
against
Henry
Limine
making
grounds
jurors
authority
in
from
the
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
irrelevant
only
this
Defendant
whatsoever
incompetent,
and
73
for
mention
presence
herein,
So.2d
Attorneys
moves
the
v.
State
State,
290
records
of
(2d DCA 1974).
1.
Any
inquiry
Martin
a.
into
Anderson
Any records
any
not
of
medical
limited
any hospital
or
to but
mental
health
including:
admission
prior
to
January
5,
2006.
b.
Any records
c.
The hospital
Martin
of any doctor's
and
Anderson.
medical
office
records
visits
concerning
or treatments.
the
birth
of
I HEREBY ~ERTIFY
Limine
has
748 Jenks
Deputy
P.O.
a copy
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Defender,
Box 580,
Panama
at
Jr.,
that
attorney
for
Hoot
the
foregoing
Crawford,
Panama
attorney
City,
of
for
Florida
attorney
City,
Charles
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
for
Florida
for
at
Florida
32402;
Avenue,
Dickens,
at
B. Smith,
4th Street,
115 East
Sombathy,
229 McKenzie
in
Walter
Robert
City,
Order
Henry
32402;
Enfinger,
32402-0580;
P.O.
Motion
attorney
James
Panama
for
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527 Jenks
for
and
Box 651,
on this~/
Avenue,
Kristin
Robert
Jonathan
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
for
attorney
Florida
1004
Florida
of August,
Dingus,
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
for
U.S.
Ashley
Panama
II,
mail
at
and
submitted,
MARK A. OBER
STATE ATTORNEY
c:;~,
)
/'z:
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
514 Magnolia
2007.
Respectfully
111111111
CIRCUIT

STATE OF FLORIDA
CASE NO.:
ii
.....
06-4016W2
-<ITl:::z:
n:::O)>
>,
o:::T.:::::o
v.
HENRY DICKENS
CHARLES ENFINGER
t1
c::
Ci':>
C:c-,0
z-r
-,:::Oc:,
06-401~~
06-401Eie
l"T1
0
)>
c:,
RAYMONDHAUCK
06-401
+:
.D
8""'
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
STATE'S SEVENTHMOTIONFOR ORDERIN LIMINE

instructing
direct
the
or
indirect
hereinafter
set
outside
the
matter(s)
is
will
thereby
requiring
forth,
without
and
serve
to
P.O.
to
before
an
the
of the
jury
the
on
immaterial
prejudice
to
the
from
the
grounds
to
the
in
from
permission
jury,
Order
refrain
obtaining
or
unfairly
(s)
for
the
authority
making
the
Henry
v.
Court
that
said
involved
against
of
any
matter(s)
issues
jurors
Limine
the
State
State,
290
(2d DCA 1974).

Any self
serving
has
a copy
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
Hoot
attorney
City,
comment
criminal
Deputy
of
Court
trial
first
pursuant
of a prior
748 Jenks
at
irrelevant
only
this
Defendant
hearing
a mistrial,
/1.
Limine
the
whatsoever
incompetent,
and
73
for
mention
presence
herein,
So.2d
Attorneys
moves
Florida
or
inquiry
into
the
defendant's
lack
record.
of
the
foregoing
Crawford,
Panama
for
City,
Charles
32402-0580;
attorney
Florida
Enfinger,
Robert
Motion
for
for
Henry
32402;
at
Order
Dickens,
Walter
115 East
Sombathy,
in
at
B. Smith,
4th Street,
attorney
for
at
Jr.,
attorney
for
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
City,
Florida
229 McKenzie
32402;
Avenue,
James
Panama
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527 Jenks
for
and
Box 651,
on this
Avenue,
Kristin
Robert
Panama
Schmidt,
Pell,
Panama
~day
Jonathan
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
forllllllll
attorney
U.S.
Ashley
Panama
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
~.we
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
CIRCUIT

CASE NO.:
STATE OF FLORIDA
06-4016C,F
c::::,
c::::,
l>r
-<f'Tl:c
C")
- ,,
-
CO(".)
v.
::t,>
>
c::
a,
06-4016C~~
06-4016C~b
HENRY DICKENS
CHARLES ENFINGER
- . --- -
. . .....
RAYMONDHAUCK
' ;CD )>

~
~)>
06-4016C
i:>
06-4016C.
'!
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
.:
..D
STA'rE'S EIGHTHMOTIONFOR ORDERIN LIMINE

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
forth,
will
thereby
requiring
the
without
and
serve
at
hearing
to
a mistrial,
Court
of
(s)
trial
first
irrelevant
only
this
Defendant
whatsoever
incompetent,
and
73
for
mention
presence
herein,
So.2d
Attorneys
moves
to
before
an
from
the
of
jury
permission
the
on
unfairly
jury,
immaterial
prejudice
to
the
Order
refrain
obtaining
or
pursuant
for
the
Henry
Court
that
v.
said
involved
against
of
any
matter(s)
issues
jurors
authority
the
grounds
the
Limine
making
from
the
to
the
in
the
State
State,
290
(2d DCA 1974).
Any inquiry
or
the
guilt
of the
11
3.
of
any
or
expert
witness
innocence
of
to
have
credibility
of
another
expert
Any attempt
to
bolster
the
with
his
to
any
defendant
legal
or
conclusion
the
propriety
charges.
Any attempt
or
any
as
opinion
other
one
expert
or
bolster
or degrade
the
witness.
credibility
by questioning
experts
witness
treatises
the
of
expert
which
any
about
support
expert
witness
consultations
or
agree
with
--.
his
/)
4.
opinion.
Any attempt
to
through
testimony
the

Limine
has been
748 Jenks
Deputy
P.O.
furnished
Avenue,
Public
Box 580,
P.O.
Jr.,
attorney
Box 1103,
foregoing
P.O.
for
Charles
inadmissible
Motion
for
Florida
for
at
Walter
Robert
Sombathy,
Box 430,
Panama City,
Florida
32402;
229 McKenzie
Avenue,
at
B. Smith,
4th Street,
115 East
32402-0580;
at
in
Henry Dickens,
32402;
Enfinger,
Order
Florida
Raymond Hauck,
evidence
witness.
attorney
Panama City,
attorney
or other
of any expert
a copy of the
Panama City,
for
hearsay
to Hoot Crawford,
Defender,
at
elicit
attorney
for
James H. White,
Panama City,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this~/
32402-0327;
Pell,
Schmidt,
at
attorney
Panama City,
for
Joseph
32401,
attorney
Florida
1004 Jenks
Florida
day of August,
Dingus,
32401;
Avenue,
Walsh
via
U.S.
Ashley
Panama City,
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARKA. OBER
STATE ATTORNEY
C::~-~~
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
.,1
I
'
'.-,;...,
,I
'
...

STATE OF FLORIDA
CASE NO.:
06-4016CF
....,
COC")
)>r-
v.
c::::t
>c::::
(") :::O)>
HENRY DICKENS
CHARLES ENFINGER
en
N
06-4016~
06-40166~
)>
c:>
KRISTIN SCHMIDT
JOSEPH WALSH II
r
m
RAYMONDHAUCK
.,,
.....
c::::t
-<f"Tl:J:
.r::'
..0
06-4016CFMG
06-4016CFMH
STATE'S NINTH MOTIONFOR ORDERIN LIMINE

instructing
direct
the
or indirect
hereinafter
outside
set
the
matter{s)
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
(s)
for
to
before
an
the
of the
jury
the
on
immaterial
prejudice
pursuant
to
the
of Dr.
Vernard
the
from
the
jurors
authority
of
issues
against
Henry
Limine
making
grounds
to
the
in
from
permission
jury,
Order
refrain
obtaining
or
unfairly
a mistrial,
Court
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
matter(s)
the
Court
that
said
involved
the
v.
any
State
State,
290
73 (2d DCA 1974).

Any inquiry
Governor
Bush was exerting
Attorney
for
this
any pressure
13th Judicial
his
on the
opinion
Office
the
of whether
of
the
Circuit
during
Vernard
Adams
reached
at
request
of the
State
investigation
of
case.
Any
result
of
the
Adams as to
argument
or came to
the
Attorney
State
that
a particular
Attorney
Mark Ober.
Dr.
for
opinion
the
13th
the
Judicial
Circuit
particular
or
Office
State
'
"
I
..
.,.

furnished
P.O.
to Hoot Crawford,
Box 1103,
Defender,
Panama City,
attorney
Panama City,
for
Florida
at
attorney
a copy of the
P.O.
for
attorney
for
Florida
32402;
Charles
Box 430,
Robert
Panama City,
Raymond Hauck,
Motion
Henry Dickens,
Enfinger,
32402-0580;
foregoing
Sornbathy,
at 229 McKenzie
748 Jenks
Avenue,
Deputy
4th Street,
115 East
Florida
has been
B. Smith,
Walter
at
at
in Limine
Avenue,
P.O.
Box 580,
forllllllllll
attorney
32402;
Public
James
H. White,
Panama City,
Jr.,
Florida
32401;
327,
Panama City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
Jonathan
Avenue,
Panama City,
527 Jenks
for
Kristin
and Robert
Box 651,
on this
32402-0327;
Schmidt,
Pell,
attorney
Panama City,
:22 day
at
for
Joseph
32401,
32401;
Avenue,
Walsh
via
forllllllll
attorney
Florida
1004 Jenks
Florida
of August,
Dingus,
U.S.
Ashley
Panama City,
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARKA. OBER
c=:e
SCOTT HARMON
FLORIDA BAR #933775
SH/als
FIL ED

OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY. .
1 AUG2qp 3:Mt
if80
STATE OF FLORIDA,
.
Plaintiff,
Case No.:
vs.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-40 l 6CFMB
RAYMOND HAUCK
le'I
T.I
06-40 l 6CFMF
06-4016CFMG
06-40 l 6CFMH
Defendant.
1.
Booking photograph of Martin Lee Anderson.
2.
Documentation of State Test Results that Martin Lee Anderson tested

positive for sickle cell trait as a baby dated 1-30-1991.
3.
Discharge Teaching Checklist dated 1-17-91.
4.
Department of Juvenile Justice Comprehensive Evaluation conducted by

Michele Giroux on 10-20-05.
5.
Department of Juvenile Justice Health Related History completed by

Brenda Booher dated 10-21-05.
6.
Medical and Mental Health Admission Screening dated 01-05-06.
7.
Facility Entry Health Screening dated 01-05-06.
8.
Physical Evaluation and Needs Assessment dated 01-05-06.
9.
Bay Medical Ambulance Run Report dated 1-05-06.
10.
Bay Medical Center Records dated 1-05-06;

a. Emergency Department Reports and Notes.
b. Blood Gas Analysis Report, 10:10.
c. Blood Gas Analysis Report, 11:15.
d. Toxicology Report.
11.
AirHeart Medical Transfer Record signed by C. Jeter on 1-06-06.
12.
Use of Force Policies;

a. Bay County Sheriffs Office Use of Force Policy.
b. Bay County Sheriffs Office Boot Camp Division Behavioral
Management Matrix.
c. Bay County Sheriffs Office Use of Force Continuum.
13.
Criminal Justice Standards and Training Commission Defensive Tactics

Curriculum - June 2002.
14.
Letter from Charles Chervanik dated January 23, 2003.
15.
Memo from Secretary Schembri dated June 21, 2004.
16.
April 20th, 2007 Memorandum for Bay County Sheriffs Office with all
attachments totaling 155 numbered pages.
17.
Department of Juvenile Justice 911 Policy Poster.
18.
Emails between Dr. Thogmartin and Vern Adams regarding the second
autopsy; with attachments.
19.
Emails between Dr. Siebert and Dr. Adams regarding the second autopsy.
20.
Letter from Dr. Jerry D. Spencer to FDLE dated July 16, 2007.
21.
Death Certificate signed by Dr. Siebert.
The Defense reserves the right to seek admission into evidence of any additional
exhibits needed for our defense and/or impeachment of any State witnesses. The Defense
reserves the right to seek admission into evidence of any and all reports, documentation
or items relied upon by any expert witness in forming their opinion.
3rdFloor., Tampa, Florida 33602, by facsimile this 28th day of August, 2007.

FloridaBarNo.: 0971870
Post Office Box 430
(850) 769-5532
IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRcm:IL

2001
AUG
2q p )
STATE OF FLORIDA,
Plaintiff,
Case No.:
06~
HAROLD
BAZZEL
OFCJReu1r
Cl1U1'T
D'fCOWTY.FlmftlOA
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH
06-4016CFMF
06-4016CFMG
06-4016CFMH
Defendant.
DEFENDANT'S ADDITIONAL WITNESS LIST

The Defendant by and through undersigned counsel and pursuant to Rule
3 .220 Florida Rules of Criminal Procedure identifies as the additional witness as follows:
1.
111
Jerry Spencer, M.D., J.D.

668 Pinewood Drive
Annapolis, MD 21404
On Monday, August 27, 2007 the State disclosed additional discovery including
information from Dr. Jerry D. Spencer regarding his evaluation of Dr. Siebert's
performance on the autopsy of Martin Lee Anderson. This witness may become relevant
at trial. The State can claim no prejudice to the listing of this witness since they waited
until beyond the discovery deadline to disclose him to the Defense.
The Defendant reserves the right to call all witnesses listed by the State, all
witnesses listed in Discovery, and all witnesses later discovered by the State or defense.
3rd Floor., Tampa, Florida 33602, by facsimile this 29th day of August, 2007.

Post Office Box 430
(850) 769-5532
. -
IN THECI~'CUIT
COtJRT
OFTHE14THJUDICIAi.
ClRCUIT
+TY,
FLDRIDA
.)
Clerk:: ,\~.
V ~
Probation Off:______
5D
Court Reporter:
State Attorney:NAfi'K
AOBER
State Of Florida vs SCl-l!IDT,
KRISTIN
ANN
Defendant in Custody? YES( J NO[ J
- ------
\ Judge:DIA:RSTREET
MICHAEL
C <DIV
6)
------
Divisioo : GO
DefP.Ose
Attorney:BENrnIK
ASHLEY
STONE
Date: 08/30/2007
J
..
CASENO:06004016ITTilm'GE - I:001:
1
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MGRAVATEO
NANS
LAI.GITERIF A CHILD
0301108827ARRE.Sm>
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oi- ~011o
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.i
0

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
RAYMONDHAUCK
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
and
thereby
requiring
only
to
1974).
~v~~~
Any
bad
of
unfairly
Any acts
of_
substance
,DV\\
i'l k. 5.
Any
hospitalization
'~
toxicological
from
the
of
jury
on
jury,
immaterial
the
the
to
the
from
the
of
concerning
in
the
the
Court
that
said
involved
against
v.
any
matter(s)
issues
Henry
Limine
making
the
grounds
jurors
authority
evidence
Order
refrain
the
the
State
State,
victim
290
111111111
by
(ml<
aig1ryessiorr' or violence
"' to l~Q;;)' LC,r.i,((ro(;Jv"O
l"VI
Any inquiry
of
any witness
and
alleged
an
permission
to
committed
to
before
prejudice
character
acts
(s)
for
obtaining
or
pursuant
Any bad
Court
trial
first
hearing
a mistrial,
73 (2d D~
at
irrelevant
serve
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
abuse
argument
concerning
by
screening
following
any
done
his
during
admission
to
the
boot
camp
0
specifically
~t\~\,,,j).
l\ny arrest
'O"~~(l ~,/1 ~~e
7.
any positive
or
criminal
underlying
Any
facts
inquiry
screening
of
, . fl~
0 (:-
Qr-u
Cl~~ ...f.#}47!
,=
Any a;:ged
of
9.
Any
of
academic
b.
disciplinary
c.
any
school
d.
any
in
e.
any
repeated
Any
of
or
Any
active
or
by Martin
for
concerning
not.
Anderson.
Martin
Anderson
or
the
include:
misconduct
reports
or
records
years
the
made
boot
prior
by
camp on January
contained
Comprehensive
5,
ran
where
within
Evaluation",
this
argument
records
school
into
of
conviction.
detentions
information
order
to
statements
Any incidents
or
suspensions
school
admission
arrest
any
sexually
weapons
records
performance
hearsay
any
and
records
such
a.
including
u.!.J/;cd()..,f ,net.L, -urid~~M!t.A~r}-f~r?t
s~n~/cademic
contents
cannabinoids.
6'ti
possession
~>R:vit~GH
M <1:ueJ-j,;"s
o~
which
Court,
to
include
acts
of
aggression
a.
any
reported
b.
any
evaluations
c.
any
treatment
d.
any bad
e.
any
alleged
abuse
f.
any
alleged
behavioral
g.
any
h.
charges
was
~ "-.
of
witness
whether
~ ~
history
or
any
for
or
was
but
2006.
away
from
record
home.
titled
previously
not
to
limited
"DJJ
sealed
by
to:
or
violence
problems
or
demonstrated
the
nature
opinions
recommendations
evidence
character
of
descriptions
concerning,
the
his
parents
or
any
mental
relationship
of,
attitude
or
opinions
between
and
stepfather.
heal th
or
medical
diagnosis
or
treatment
of
i.
any medications
j.
any
statements
parents
furnished
P.O.
to
Hoot
Box 1103,
Defender,
Panama
attorney
City,
Crawford,
Panama
Florida
111111111
at P.O. Box
attorney
for
City,
for
Raymond
prescribed
attributed
Gina
Jones
a copy
of
Henry
Florida
32402;
Enfinger,
430,
City,
Panama
at
Motion
Dickens,
Walter
at
B.
115 East
Sombathy,
Florida
229 McKenzie
at
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
day
Panama
Schmidt,
Pell,
Panama
:2/
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this
32402-0327;
at
attorney
City,
City,
1004
for
Florida
of August,
Deputy
32401,
City,
Box 580,
Post
Avenue,
U.S.
Jr.,
Florida
Office
Box
forllllllll
32401;
Walsh
via
Public
P.O.
attorney
Florida
Joseph
Avenue,
H. White,
Panama
Jenks
been
for
James
Dingus,
has
Jenks
4th Street,
32402;
Avenue,
Limine
748
Smith,
, at
Panama
in
attorney
32401;
327,
his
11111111111
foregoing
for
Robert
or
Robert
the
32402-0580;
Hauck,
or
attorney
Charles
to
Ashley
Panama
II,
mail
at
City,
514 Magnolia
and
2007.
Respectfully
submitted,
1
MARK A. OBER
STATE ATTORNEY
~=/
SH/als
l
!
Il
t
SCOTT HARMON
FLORIDA BAR #933775
II
i
i
f,
f-
'
t
i
'
'
"'
i!".,-
CIRCUIT

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
RAYMONDHAUCK
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMG
06-4016CFMH

instructing
direct
the
or indirect
hereinafter
set
outside
the
matter(s)
is
thereby
requiring
without
and
serve
at
of
a mistrial,
before
an
the
of the
jury
on
immaterial
to
the
the
to
the
in
from
the
jury,
Order
refrain
permission
prejudice
pursuant
to
for
obtaining
or
unfairly
( s)
trial
first
irrelevant
to
Court
Defendant
hearing
only
this
grounds
jurors
authority
making
from
the
of
the
Court
that
said
involved
against
v.
any
matter(s)
issues
Henry
Limine
the
State
State,
290
(2d DCA 197 4) .
Gran-k~ '=-
1.
~,rJd
forth,
the
whatsoever
incompetent,
and will
73
for
mention
presence
herein,
So.2d
Attorneys
moves
E-
2.
Any bad character
evidence
Any allegations
of
concerning
substance
abuse
Gina
or
Jones.
alcohol
abuse
by
Gina
Jones.
I \t\dv-,U\e
r
f-\d~~/t)
~t1t
L_
~ 3.
&-'4.
Any hearsay
statements
Any inquiry
as
to
G,rcm+id~1111111111111
authority
at
the
had sickle
Any inquiry
into
by Gina
whether
time
Jones
of
cell
Gina
Gina
Jones.
was told
by any medical
s birth
that-
trait.
Jones'
personal
knowledge
of the
Panama
0
City
0
Boot
Camp,
was admitted
the
boot
to
Boot
how it
the
boot
operated,
camp,
camp or any prior
Any desires
by Gina
or
or
Jones
wishes
to
observation
o f Gina
in
concerning
Gina
his
or anywhere
Jones
else
out
employment
had
ever
Any inquiry
what
Jones
asked
into
type
Any inquiry
spent
the
boot
actual
to
camp.
actions
to
the
financial
any
of
taken
Panama
City
status
after
civil
settlement
his
grandparents
away
leave
home.
Jones
from
would
she
at
home.
ran
punishment
the
night
Jones'
ever
him to
home
Gina
Jones
if
Gina
by
Gina
punish
used
to
discipline
misbehaved.
when
into
or
punishment
or Robert
limited
after
when Gina
into
Any inquiry
or
or
of Gina
had
Jones
other
children
to
include
but
not
to:
a.
where
b.
what
c.
whether
d.
Ms. Jones
marital
marital
status
Any
or
visits
death.
If
<14.
Jones
sent
How often
The
any prior
of the
have
death
include
Camp .
Any change
or
to
before
they
they
were
raised
do for
they
a living
have
criminal
status
of
Gina
history
at
the
Jones
or not
time
of their
at
the
time
births
of
1111111111111
birth.
opinion
concerning
or
the
observation
relationship
and Robert-
that
that
Gina
existed
Jones
between
may
have
1111111111
'
0
15.
Any
opinion
or
belief
of
llllllllwas associated
~ 16.
Any investigations
Children
opinions
17.
Families
contained
into
misbehaved
with
any
the
or
criminal
facts
or
to
whether
element
Jones
any
or group.
by the
allegations,
Department
of
statements
or
any DCF records.
specific
in
as
criminal
Gina
and
within
J ones
any
involving
and
Any inquiry
Gina
home
incidents
and
the
where
subsequent
actions
of
Gina
Jones.
18.
Any
arrest
underlying
19.
Any meetings
current
charges
between
Gina
Governor
conversation
history
of
any
Gina
Crist
Ms.
Jones
Jones
including
the
arrest.
Jone s and then
Charlie
between
of
and
and
Governor
the
J eb Bush
content
Governor
Bush
of
or
or
any
Governor
Crist.
furnished
P.O.
to
Box 1103,
Defender,
Panama
Hoot
Panama
attorney
City,
Crawford,
Florida
for
City,
a copy
of
the
foregoing
attorney
for
Florida
32402;
Charles
32402-0580;
Enfinger,
Robert
Henry
Dickens,
Walter
at
Motion
B. Smith,
115 East
Sombathy,
at
in
has
748 Jenks
Deputy
4th Street,
attorney
Limine
for
been
Avenue,
Public
P.O.
Box 580,
--
0
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond
Hauck,
Panama
at
City,
Florida
229 McKenzie
32402;
Avenue,
32401;
327,
Panama
, at
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
Florida
527
Jenks
for
Kristin
Robert
Box 651,
on this
32402-0327;
Jonathan
Avenue,
Pell,
Panama
Panama
Schmidt,
at
attorney
City,
City,
1004
for
Florida
~,;2~~/~_day
of August,
Dingus,
Joseph
32401,
Post
Walsh
via
U.S.
for
Panama
II,
mail
at
SH/rje
1111111111
City,
514 Magnolia
and
submitted,
MARK A. OBER
STATE ATTORNEY
~c;z
Box
Ashley
200;.
Respectfully
Florida
Office
32401;
Avenue,
H. White,
City,
attorney
Florida
Jenks
James
SCOTT HARMON
FLORIDA BAR #933775
0

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
1ne.\S
~ ~
'\ I
., ..vV
\}.J\'\
0:-
rr,V
_S_TA_T_E_'_S_T_H_I_RD_M_O_T_I_O_N_FO_R_O_RD_ER_I_N_L_IM_I_NE_
/

instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
forth,
thereby
requiring
serve
the
without
and
at
of
irrelevant
to
a mistrial,
Court
to
an
the
jury
the
on
irrunaterial
to
the
the
to
the
of
of
the
the
Court
that
issues
said
involved
against
Henry
any
matter(s)
grounds
the
Limine
making
from
jurors
authority
in
_from
permission
jury,
Order
refrain
before
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
73
for
mention
presence
herein,
So.2d
Attorneys
moves
the
v.
State
State,
290
(2d DCA 1974).

1.
Any bad
2.
Any hearsay
3.
Any arrest
the
4.
character
evidence
statements
or
Any inquiry
facts
into
any
Robert~
made by Robert
criminal
underlying
concerning
history
of
Robert
to
or the
nature
of the
charges.
child
support
actions
taken
include
against
Mr.
Anderson.
5.
Any
inquiry
medical
into
personal
whether
at
the
Mr. time
of
was
advised
s birth
l)r1
. \)-\- . e))
V\
by
any
that
0
had
6.
Any
change
status
sickle
cell
trait.
financial
Mr. -
in
since
s death
status
or
or
pursuant
employment
to
any
civil
settlement.
7.
The
nature
and
extent
of
Robert
8.
The
nature
and
extent
of
any
in
the
type
9.
discipline
of
punishment
Any meetings
and
had
748
Jenks
Deputy
P.O.
has
furnished
to
Avenue,
P.O.
Box 1103,
Box 580,
Defender,
Panama
Hoot
attorney
City,
Florida
Robert
had
of
and
Robert
of
either
the
Panama
Crist
the
City,
Charles
32402-0580;
then
and
Governor
any
Bush
conversations
Governor.
foregoing
Crawford,
for
and
Governor
with
a copy
been
Public
punishment
lllllllland
Robert
involvement
with
used.
between
Mr. -
Limine
and
111111111111111s
relationship
attorney
Florida
Enfinger,
Robert
Motion
for
for
Henry
32402;
at
115
Sombathy,
Order
in
Dickens,
Walter
East
B.
at
Smith,
4th Street,
attorney
for

at
Jr.,
attorney
for
P.O.
Box 430,
Raymond
Hauck,
Panama
at
City,
Florida
229 McKenzie
32402;
Avenue,
32401;
327,
Panama
at
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
Robert
,:l/
Jonathan
Avenue,
Kristin
Box 651,
on this
32402-0327;
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
Joseph
32401,
Post
Walsh
via
U.S.
for
Panama
II,
mail
at
11111111
City,
514 Magnolia
and
submitted,
MARK A. OBER
STA!!; AT~
c;;:-;;z
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
Box
Ashley
2007.
Respectfully
Florida
Office
32401;
Avenue,
H. White,
City,
attorney
Florida
Jenks
James

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
._
RAYMONDHAUCK
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II
STATE'S FOURTHMOTION FOR ORDER IN LIMINE

instructing
direct
the
or indirect
hereinafter
outside
matter(s)
set
the
is
for
mention
without
and
incompetent,
and will
thereby
requiring
serve
the
at
hearing
to
a mistrial,
Court
(s)
trial
first
of
irrelevant
only
this
Defendant
whatsoever
forth,
presence
herein,
So.2d
Attorneys
moves
to
before
from
the
of the
jury
the
on
jury,
to
the
from
the
immaterial
to
the
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
grounds
the
jurors
authority
of
in
making
Henry
v.
any
matter(s)
the
Court
that
issues
against
Limine
said
involved
the
State
State,
290
73 (2d DCA 1974).

1.
Any inquiry
into
any civil
after
lawsuits,
the
distribution
executive
2.
Any
legal
creation
inquiry
counsel
his
monetary
and
into
after
lawsuits
death,
amount
any
brought
any
of
inquiry
any
into
of the
by the
family
settlement
settlement
the
of
of
any
and
its
legislative
Act.
Gina
Jones
and
the
death
of
Robert
retaining
or

Limine
748
has
Jenks
Deputy
P.O.
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Defender,
Box 580,
Panama
attorney
for
Hoot
of
the
for
Florida
P.O.
Box 430,
Raymond
Hauck,
foregoing
Crawford,
Panama
attorney
City,
at
Jr.,
a copy
attorney
City,
City,
Florida
32402;
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
Florida
527
Jenks
for
Kristin
Robert
Box 651,
on this
32402-0327;
~day
Jonathan
Avenue,
Schmidt,
Pell,
Panama
Panama
at
attorney
City,
of
City,
1004
for
Florida
August,
Dingus,
Jenks
Joseph
32401,
U.S.
Florida
Office
for
mail
Box
1111111
Ashley
Panama
II,
for
H. White,
City,
32401;
Walsh
via
James
Post
Avenue,
4th Street,
attorney
attorney
Florida
at
B. Smith,
East
Panama
at
Panama
Dickens,
115
Sombathy,
Avenue,
in
Walter
Robert
229 McKenzie
Order
Henry
at
32401;
327,
for
32402;
Enfinger,
32402-0580;
at
for
Florida
Charles
Panama
Motion
at
City,
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
C::~-
SCOTT HARMON
FLORIDA BAR #933775
t
SH/rje
'
t
I!
0
)
CIRCUIT

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
RAYMONDHAUCK
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
f{\\A\JL
..----

instructing
direct
the
or indirect
hereinafter
set
outside
the
matter(s)
is
thereby
requiring
forth,
without
and
serve
to
Deputy
P.O.
of
(s)
for
to
before
an
the
of the
jury
the
on
immaterial
prejudice
to
the
from
the
grounds
to
the
in
from
permission
jury,
Order
refrain
obtaining
or
unfairly
Court
trial
first
pursuant
the
authority
making
the
Henry
v.
Court
that
said
involved
against
of
any
matter(s)
issues
jurors
Limine
the
State
State,
290
to
include
the
Order
in
(2d DCA 1974).

The arrest
and
underlying
facts
or
charges.
a copy
of
the

has
748 Jenks
at
irrelevant
only
this
Defendant
hearing
a mistrial,
1.
Limine
the
whatsoever
incompetent,
and will
73
for
mention
presence
herein,
So.2d
Attorneys
moves
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
Hoot
attorney
City,
Florida
criminal
record
foregoing
Crawford,
Panama
for
of
City,
Cha~les
32402-0580;
attorney
Florida
Enfinger,
Robert
Carl
Jones
Motion
for
for
Henry
32402;
at
Dickens,
Walter
115 East
Sombathy,
at
B. Smith,
4th Street,
attorney
for
I
l
l
0
~ .,'
)
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond
Hauck,
Panama
at
City,
Florida
229 McKenzie
32401;
327,
32402;
Avenue,
-Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this~/
32402-0327;
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Panama
at
Dingus,
Joseph
32401,
Post
Walsh
via
U.S.
for
Panama
II,
mail
at
11111111111
City,
514 Magnolia
and
submitted,
MARK A. OBER
STATE ATTORNEY
c::;:C:.,=,C:
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
Box
Ashley
2007.
Respectfully
Florida
Office
32401;
Avenue,
H. White,
City,
attorney
Florida
Jenks
James

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
Wld[P~"

instructing
direct
the
or indirect
hereinafter
outside
set
the
matter(s)
is
forth,
thereby
requiring
the
without
and
serve
at
hearing
to
a mistrial,
Court
of
to
before
an
the
of the
jury
on
immaterial
to
the
jurors
authority
of
the
Court
that
issues
said
involved
against
Henry
any
matter(s)
grounds
the
Limine
making
from
the
to
the
in
from
the
jur y ,
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
( s)
trial
first
irrelevant
only
this
Defendant
whatsoever
incompetent,
and will
73
for
mention
presence
herein,
So.2d
Attorneys
moves
u/ldtf . }
the
v.
State
State,
290
records
of
(2d DCA 1974).

1.
Any
inquiry
into
any
not
a.
Any records
of
medical
limited
any hospital
or
to but
mental
health
including:
admission
prior
to
January
5,
2006.
b.
Any records
c.
The hospital
of any doctor's
and
medical
office
records
visits
concerning
or treatments.
the
birth
of

Limine
748
has
Jenks
Deputy
P.O.
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Defender,
Box 580,
Panama
attorney
for
Hoot
of
the
Panama
for
Florida
P.O.
Box 430,
Raymond
Hauck,
foregoing
Crawford,
attorney
City,
at
Jr.,
a copy
attorney
City,
City,
Florida
32402;
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
Florida
527
Jenks
for
Kristin
Robert
Box 651,
on this~
32402-0327;
Avenue,
day
Panama
Schmidt,
Pell,
Panama
(
Jonathan
at
attorney
City,
of
City,
1004
for
Florida
August,
Dingus,
Jenks
Joseph
32401,
Post
Walsh
via
U.S.
for
H. White,
City,
Florida
Office
Box
fortlllllllllllt
32401;
Avenue,
Smith,
4th Street,
James
attorney
Florida
B.
at
attorney
Panama
, at
Panama
Dickens,
115 East
Sombathy,
Avenue,
in
Walter
Robert
229 McKenzie
Order
Henry
at
32401;
3~7,
for
32402;
Enfinger,
32402-0580;
at
for
Florida
Charles
Panama
Motion
Ashley
Panama
II,
mail
at
City,
514 Magnolia
and
I
I
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
~~~

FLORIDA BAR #933775
i[
I
I
I
;
SH/rje
if
II
l
f
I
l
I
0
CIRCUIT

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
or
indirect
hereinafter
set
outside
the
matter(s)
is
for
mention
without
and
will
thereby
requiring
serve
at
of
to
a mistrial,
(s)
to
before
an
from
the
of
jury
the
on
jury,
immaterial
to
the
the
any
Court
that
v.
said
involved
against
o f Henry
Limine
matter(s)
issues
jurors
a uthority
the
grounds
the
in
making
from
the
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
Court
trial
first
irrelevant
only
this
Defendant
hearing
incompetent,
and
the
whatsoever
forth,
presence
herein,
So.2d
Att o rneys
moves
the
State
State,
290
I
I
I
r
t
f
It
'
t
73 (2d DCA 1974).
f
I
Any self
1.
of
serving
a prior
criminal

Limine
has
748 Jenks
Deputy
P.O.
o f the
Hoot
Crawford,
furnished
to
Avenue,
P.O.
Box 1103,
Box 580,
Defender,
Panama
attorney
City,
Florida
Panama
for
or
inquiry
into
the
defendant's
lack
foreg o ing
City,
Charles
32402-0580;
ff
re c ord.
a copy
been
Public
comment
attorney
Florida
Enfinger,
Robert
Motion
for
for
Henry
32402;
at
Order
Dickens,
Walter
115 East
Sornbathy,
I
I
in
at
B. Smith,
4th Street,
attorney
for
I!
0
;
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond
Hauck,
Panama
at
City,
Florida
229 McKenzie
32402;
Avenue,
32401;
327,
Panama
, at
Panama
City,
, at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
~da
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this
32402-0327;
Pell,
Panama
Panama
Schmidt,
at
attorney
City,
City,
1004
for
Florida
y of August,
Dingus,
Joseph
32401,
Post
Walsh
via
U.S.
for
Panama
II,
at
11111111111P'
mail
and
submitted,
~c>cHe
City,
514 Magnolia
MARK A. OBER
STATE ATTORNEY
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
Box
Ashley
2007.
Respectfully
Florida
Office
32401;
Avenue,
H. White,
City,
attorney
Florida
Jenks
James
CIRCUIT

STATE OF FLORIDA
CASE NO.
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
RAYMONDHAUCK
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
::;::::::,.

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
thereby
requiring
73
forth,
incompet
and will
for
mention
presence
herein,
So.2d
Attorneys
the
and
e nt,
at
hearing
to
a mistrial,
Court
of
to
before
an
from
the
of the
jury
the
on
jury,
immaterial
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
irrelevant
only
this
Defendant
whatsoever
without
serve
moves
the
the
authority
the
Henry
v.
said
involved
against
of
Court
that
issues
jurors
any
matter(s)
grounds
to
Limine
making
from
the
in
the
State
State,
290
(2d DCA 1974).

Any inquiry
or
the
of
guilt
of the
any expert
or
innocence
witness
of
to
credibility
of another
expert
Any attempt
to
the
with
his
to
any
defendant
legal
conclusion
o r the
propriety
charges.
Any attempt
or
any
as
opinion
other
have
one expert
bolster
or
bolster
or degrade
the
witness.
credibility
by questioning
experts
witness
treatises
the
of
expert
which
any
about
support
expert
witness
consultations
or
agree
with
0
his
4.
opinion.
Any attempt
to
through
testimony
the

Limine
has
748 Jenks
Deputy
a copy
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Defender,
elicit
Hoot
hearsay
of
of
attorney
foregoing
Crawford,
for
other
any expert
the
Panama
or
Motion
for
Florida
Charles
evidence
witness.
attorney
City,
inadmissible
for
Henry
32402;
Enfinger,
Order
at
in
Dickens,
Walter
115 East
at
B. Smith,
4th
Street,
P.O.
Box 580,
Panama
at
Jr.,
attorney
for
City,
Florida
P.O.
Box 430,
Raymond
Hauck,
32402-0580;
Panama
at
City,
Robert
Sombathy,
Florida
32402;
229 McKenzie
Avenue,
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this~(
32402-0327;
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
Joseph
32401,
Post
Walsh
via
U.S.
Ashley
Panama
II,
mail
at
City,
514 Magnolia
and
submitted,
MARK A. OBER
STATE ATTORNEY
~ c.'s-;,~
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
Box
forlllllllll
2007.
Respectfully
Florida
Office
32401;
Avenue,
for
H. White,
City,
attorney
Florida
Jenks
James
Panama
, at
32401;
attorney

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMC
06-4016CFMD
......-
RAYMONDHAUCK
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
Court
(s}
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
to
before
the
of the
jury
on
immaterial
to
the
the
from
the
authority
that
against
of
Henry
Court
said
involved
the
v.
any
matter(s)
the
issues
jurors
Limine
making
grounds
to
the
in
from
the
jury,
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
State
State,
290
73 (2d DCA 1974).
f:-'
1.
Any inquiry
of
Dr.
Vernard
Governor
Bush was exerting
Attorney
for
this
case.
2.
Any
result
of
the
argument
or came to
the
Attorney
State
Circuit
LJridftr
that
Dr.
a particular
Attorney
Mark Ober.
any pressure
13th Judicial
Jk{d
Adams as to
for
-
on the
during
opinion
of whether
Office
the
of the
State
investigation
of
Ad(JSft>,Ofr/-
Vernard
opinion
the
his
13th
Adams
reached
at
request
of the
the
Judicial
'tie
(d W'id
pr
Circuit
particular
or
Office
State
ffluilJ?~t-

furnished
P.O.
to
Hoot
Box 1103,
Defender,
Panama
Panama
at
P.O.
for
City,
for
Florida
tllllllllll'
attorney
Crawford,
attorney
City,
a copy
Florida
32402;
Henry
Enfinger,
at
City,
Motion
Dickens,
Walter
at
Robert
Panama
Hauck,
foregoing
for
32402-0580;
Raymond
the
attorney
Charles
Box 430,
of
Sombathy,
229 . McKenzie
32402;
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this
32402-0327;
Schmidt,
Pell,
Panama
:22 day
Panama
at
attorney
City,
City,
for
Florida
of August,
Jenks
Joseph
32401,
City,
Post
Avenue,
via
Public
Florida
for
Panama
mail
at
and
submitted,
STATEATTOR~
?
c:::-c::sz
-
SCOTT HARMON
FLORIDA BAR #933775
SH/als
11111111
City,
514 Magnolia
2007.
-~
Box
Ashley
MARK A. OBER
Jr.,
Office
II,
U.S.
Respectfully
Box 580,
H. White,
32401;
Walsh
Avenue,
P.O.
attorney
Florida
been
forlllllllll
Panama
Dingus,
1004
Deputy
James
Avenue,
has
748 Jenks
attorney
, at
Panama
Limine
4th Street,
32401;
327,
at
B. Smith,
115 East
Florida
in
IN THECIIDJITCOIETOFTHE14THJUDICIAi.
CIRCUIT
BAY
COUNTY,
FLORIDA
Judge: IMRSTREET
MICHAEL
C <DIV6)
Court Reporter: __
A OBER
state Attorney: MAh'K
State Of Florida vs SDIIIDT,KRISTIN
ANNE
Defendantin Custody?YES[ ] NO[ ]
5 .D
Clerk:
~--~~~.
Division : GO
Probation Off:
DefenseAttorney: Bf}El)lK ASHI.EY
STOtE
Date: 0819)/2007
CASENO:06004016CFMG
CHARGE
- I:001:
N"',GRAVATED
MANS1.All3H1F.R
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ARRESTf.1)
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PAGE[
M
'
A,
I
...
'

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
06-4016CFMA
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
Attorneys
or indirect
hereinafter
set
outside
the
matter(s)
forth,
and will
thereby
requiring
without
and
serve
at
to
Court
( s)
trial
first
of
irrelevant
only
this
Defendant
hearing
a mistrial,
.;r.
\1~
ij.
(2d
the
whatsoever
incompetent,
herein,
So. 2d 73
mention
presence
is
for
moves
to
before
from
the
of the
jury
the
on
jury.,
immaterial
to
the
the
to
the
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
from
grounds
the
jurors
authority
in
making
the
that
Court
said
involved
against
v.
any
matter(s)
issues
of Henry
Limine
the
State,
State
290
1974).
Any
bad
evidence
character
concerning
the
victim
Martin
Anderson.
-rt)K.t,
1..)/l(JtyA-dv,.9fflf'nt
Any bad
,\
OV~~
-\'oX.t
01'ue!'
A1 ,~{)fl
QSt\'l U"~\).t ',
,.
(\J) I\~~~
\JV
3. \
Any acts
acts
committed
oGa~ge_ssiorf'
by ~artin
()fll{
or violence
~-'~' o"'r
rra,,vom
(l_~.~\.t{j
Any inquiry
of
any witness
~
u'ITI"\
\]'l.tV\
alleged
Ir::_
5.
Any
substance
toxicological
hospitalization
Anderson.
abuse
and
by Martin
screening
following
by Martin
argument
concerning
Martin
Anderson's
to
boot
Anderson.
done
his
any
Anderson.
during
admission
the
camp
specifically
~~~6~ Any
arrest
o~~r-'
"ri'~~e
. ~\
~o
d (S-
I:) I
~~
9.
of
Martin
Any aeged
'>?/a4((,,~
history
witness
and
any
possession
of
such
a.
academic
b.
disciplinary
c.
any
school
d.
any
in
e.
any
repeated
Any
Any
not.
Anderson.-~
,..Uhd4~A-dttJSlr).(?r?t
Martin
Anderson
or
the
include:
reports
or
records
detentions
school
into
the
years
made
boot
where
Comprehensive
by
Martin
camp on January
Anderson
ran
contained
within
Evaluation",
Court,
which
to
any
reported
acts
b.
any
evaluations
c.
any
treatment
d.
any bad
e.
any
alleged
abuse
f.
any
alleged
behavioral
g.
any
include
of aggression
or
was
but
Anderson
5,
Martin
a.
h.
concerning
records
statements
of this
for
conviction.
argument
or
including
suspensions
information
order
to
or misconduct
Any incidents
any
or
by Martin
records
records
school
admission
arrest
active
of weapons
performance
hearsay
Anderson
{)./&d (.):/-rn~,
s~~ /cademic
contents
any
was sexually
cannabinoids.
of Martin
of
Anderson
QJ!;:i::
for
or charges
Cif q1UJ~o;5(-e
Any
screening
criminal
facts
inquiry
whether
-/$
or
underlying
Any
~7.
any positive
prior
2006.
away
from
record
home.
titled
previously
not
to
limited
"DJJ
sealed
by
to:
or violence
opinions
recommendations
character
evidence
descriptions
problems
or
the
nature
of,
between
Martin
of
concerning,
the
relationship
his
parents
or
any
mental
heal th
demonstrated
attitude
or
opinions
Anderson
and
treatment
of
stepfather.
or
medical
diagnosis
or
..
Martin
Anderson.
i.
any
medications
j.
any
statements
parents
furnished
P.O.
to
Hoot
Box 1103,
Defender,
Panama
Panama
attorney
City,
lllllllllllat
attorney
Crawford,
for
Florida
P.O.
for
City,
Jones
a copy
of
Raymond
32402;
Henry
Enfinger,
Martin
Dickens,
B.
Sombathy,
Florida
Anderson
Motion
115 East
229 McKenzie
Anderson
or
his
Anderson.
Walter
at
Robert
City,
to
foregoing
Florida
at
Martin
Robert
the
for
Panama
Hauck,
or
attorney
32402-0580;
to
attributed
Gina
Charles
Box 430,
prescribed
in
at
748
Smith,
4th Street,
32402;
has
Jenks
Deputy
been
Avenue,
Public
P.O.
Box 580,
forllllllll
attorney
Avenue,
Limine
James
H. White,
Panama
City,
Jr.,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
Florida
527
Jenks
for
Kristin
Robert
Box 651,
on this
32402-0327;
Avenue,
day
Panama
Schmidt,
Pell,
Panama
:21
Jonathan
at
attorney
City,
of
City,
1004
for
Florida
August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
for
U.S.
Ashley
Panama
II,
at
mail
and
submitted,
MARK A. OBER
STATE ATTORNEY
C::::-s,,1/
__
SCOTT HARMON
FLORIDA BAR #933775
SH/als
City,
514 Magnolia
2007.
Respectfully
1111
,,
..

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
presence
and
will
thereby
requiring
serve
the
without
and
at
of
irrelevant
to
a mistrial,
Court
before
an
the
of the
jury
on
immaterial
to
the
the
to
the
in
from
the
jury,
Order
refrain
permission
prejudice
pursuant
to
for
obtaining
or
unfairly
( s)
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
herein,
So.2d
Attorneys
moves
grounds
jurors
authority
making
from
the
of
the
Court
that
said
involved
against
v.
any
matter(s)
issues
Henry
Limine
the
State
State,
290
73 (2d DCA 1974).
Grank~'=Mf'Hldc-
1.
2.
Any bad
character
Any allegations
evidence
of
concerning
substance
abuse
Gina
or
Jones.
alcohol
abuse
by
Gina
Jones.
Any hearsay
statements
Any inquiry
as
authority
Anderson
Any inquiry
at
to
the
had sickle
into
by Gina
whether
time
of
cell
Gina
Gina
Martin
Jones.
Jones
was told
Anderson's
by any medical
birth
that
Martin
trait.
Jones'
personal
knowledge
of the
Panama
City
Boot
Camp,
was admitted
the
boot
to
Boot
boot
operated,
camp,
Jones
wishes
to have
to
before
include
observation
of
Gina
Martin
Martin
any prior
of the
Jones
or
Anderson
Anderson
boot
actual
sent
visits
camp.
actions
to
to
the
taken
Panama
City
Camp.
Martin
in
Gina
Jones
Anderson's
concerning
his
How often
Martin
or anywhere
Anderson
ever
Any inquiry
out
or
after
spent
the
of Gina
had
asked
into
what
or
financial
any
status
after
civil
settlement
his
grandparents
death.
Anderson
had
employment
death
else
Martin
Jones
or
the
or
Any change
If
how it
camp or any prior
Any desires
by Gina
or
type
of
Jones'
ever
him to
when Gina
night
home.
ran
away
leave
home.
Jones
punishment
at
from
would
she
home
punish
used
to
or
Martin
if
Gina
Anderson
discipline
Martin
Anderson.
Any inquiry
Jones
into
or Robert
Any inquiry
limited
Gina
other
Jones
Martin
Anderson
Anderson
children
to
by
Gina
misbehaved.
include
but
not
to:
where
b.
what
c.
whether
d.
Ms. Jones
marital
marital
status
Any
of
when Martin
into
they
they
were
Anderson
a living
have
criminal
status
of
history
at
Gina
the
Jones
or not
time
of
at
the
their
time
births
of
Martin
birth.
opinion
concerning
raised
do for
they
Anderson's
14.
punishment
Anderson
a.
The
<
the
or
the
observation
relationship
and Robert
Anderson.
that
that
Gina
existed
Jones
between
may
have
Martin
'
'
. Vf)dIY)d~~
Any
15.
~fJ
opinion
Anderson
or
belief
was associated
Any investigations
~16.
[ianl~
Children
opinions
~Id vder c;__
17.
and
with
Families
into
misbehaved
Gina
any
the
home
or
criminal
facts
or
Martin
or
by the
group.
Department
allegations,
incidents
and
whether
of
statements
or
DCF records.
specific
in
to
element
Jones
any
any
as
criminal
Gina
and
within
Jones
any
involving
contained
Any inquiry
~~eilt
of
the
where
Martin
subsequent
Anderson
actions
of
Gina
Jones.
(;rwtkd
~~~
18.
Any
arrest
underlying
19.
Any meetings
current
charges
between
Governor
conversation
history
Gina
of any
Jones
Charlie
between
of
Jones
Jones
including
the
arrest.
and
Crist
Ms.
Gina
then
and
and
Governor
the
Jeb
Bush
content
Governor
Bush
of
or
or
any
Governor
Crist.
furnished
P.O.
to
Box 1103,
Defender,
Panama
Hoot
Panama
attorney
City,
Crawford,
Florida
for
City,
a copy
of
the
foregoing
attorney
for
Florida
32402;
Charles
32402-0580;
Enfinger,
Robert
Henry
Dickens,
Walter
at
Motion
B.
115 East
Sombathy,
at
Smith,
in
748
for
has
Jenks
Deputy
4th Street,
attorney
Limine
been
Avenue,
Public
P.O.
Box 580,
at
Jr.,
attorney
for
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
City,
Florida
229 McKenzie
32402;
Avenue,
James
Panama
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
527
Jenks
for
Kristin
Robert
Box 651,
on this
Jonathan
Avenue,
Pell,
Panama
~';2.~~/~_day
Panama
Schmidt,
at
attorney
City,
Florida
of August,
Dingus,
City,
1004
for
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
U.S.
Ashley
Panama
II,
mail
at
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
~-5+~
SH/rje
City,
SCOTT HARMON
FLORIDA BAR #933775
J. '

CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
o6-4016cFMG
06-4016CFMH
e\S
\}Jl~V'l
-\JL
__.~ +-0 ,....,e) S
YI.\)-'\-+\
p'IV
_ST_A_T_E_'
S..;...._T;.;...;H..;...IRD--'--..;...M....;..OT=I;.;...;O'-N;_.c;.;FO;;...R~ORD=..;;E=R;......=IN;.;....;;;;L=IMI=N
/

instructing
direct
the
or indirect
hereinafter
outside
matter(s)
set
the
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
Court
to
an
refrain
before
the
jury
the
on
jury,
immaterial
to
the
the
from
the
jurors
authority
in
the
Court
that
said
involved
against
v.
any
matter(s)
issues
of Henry
Limine
making
of the
grounds
to
the
Order
_from
permission
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
hearing
only
this
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
moves
the
State
State,
290
73 (2d DCA 1974).

1.
Any bad character
2.
Any hearsay
3.
Any arrest
the
4.
evidence
statements
or
Any inquiry
facts
into
any
Robert
made by Robert
criminal
underlying
concerning
history
Anderson.
Anderson.
of Robert
Anderson
or the
nature
of the
charges.
child
support
actions
taken
to
include
against
Mr.
Anderson.
5.
Any
inquiry
medical
into
personal
whether
at
the
Mr.
time
Anderson
of Martin
was
advised
Anderson's
birth
by
any
that
I
\
Martin
6.
Anderson
Any change
status
had
in
since
sickle
Mr.
cell
trait.
Anderson's
Martin
financial
Anderson's
status
death
or
or pursuant
employment
to
any
civil
settlement.
7.
The nature
Martin
8.
and
the
type
9.
and
748 Jenks
Deputy
P.O.
a copy
to
Avenue,
P.O.
Box 1103,
Box 580,
Panama
and
Anderson's
relationship
with
Hoot
attorney
City,
Florida
involvement
punishment
of
Robert
Martin
Anderson
Anderson
had
and
the
used.
Robert
and
had with
furnished
Defender,
any
Anderson
been
Public
of
between
Robert

has
extent
of punishment
Mr. Anderson
Limine
Robert
discipline
Any meetings
and
of
Anderson.
The nature
in
extent
of
Governor
either
the
for
City,
Charles
32402-0580;
and
Crist
then
and
Governor
any
Bush
conversations
Governor.
foregoing
Crawford,
Panama
Anderson
attorney
Florida
Enfinger,
Robert
Motion
for
for
Order
Henry
32402;
at
Dickens,
Walter
115 East
Sombathy,
in
at
B. Smith,
4th
attorney
Street,
for

at
Jr.,
attorney
for
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
City,
Florida
229 McKenzie
32402;
Avenue,
James
Panama
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527 Jenks
for
and
Box 651,
on this~/
Avenue,
Kristin
Robert
Jonathan
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
for
U.S.
Ashley
Panama
II,
at
mail
and
submitted,
~:T:;T2
MARK A. OBER
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
514 Magnolia
2007.
Respectfully
111111

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMH
STATE'S FOURTH MOTION FOR ORDER IN LIMINE

instructing
direct
the
or indirect
hereinafter
outside
matter(s)
set
the
is
for
mention
forth,
and
thereby
requiring
serve
at
of
irrelevant
to
a mistrial,
(s)
trial
first
hearing
only
Court
Defendant
whatsoever
incompetent,
and will
the
without
presence
herein,
So.2d
Attorneys
this
to
before
from
the
of the
jury
the
on
jury,
to
the
from
the
immaterial
to
the
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
grounds
the
jurors
authority
in
making
of Henry
v.
any
matter(s)
the
Court
that
issues
against
Limine
said
involved
the
State
State,
290
73 (2d DCA 1974).

1.
Any inquiry
Martin
into
Anderson
lawsuits,
the
distribution
executive
2.
Any
legal
any civil
after
creation
inquiry
counsel
his
monetary
and
into
after
lawsuits
death,
amount
any
any
of
inquiry
of the
brought
any
into
Martin
by the
settlement
settlement
the
Lee Anderson
Gina
Jones
and
Robert
the
death
of Martin
family
of
any
and
its
legislative
Act.
Anderson
Anderson.
of
retaining
or

Limine
748
has
Jenks
Deputy
P.O.
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
at
Jr.,
a copy
attorney
for
Hoot
the
foregoing
Crawford,
Panama
attorney
City,
of
for
Florida
attorney
City,
Charles
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
for
Florida
City,
for
at
Dickens,
115 East
Sombathy,
Florida
32402;
Avenue,
in
Walter
Robert
229 McKenzie
Order
Henry
32402;
Enfinger,
32402-0580;
P.O.
Motion
B.
at
Smith,
4th Street,
attorney
James
Panama
for
H. White,
City,
Florida
32401;
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
527
Jenks
for
Kristin
Robert
Box 651,
on this
~day
Jonathan
Avenue,
Schmidt,
Pell,
Panama
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
U.S.
Ashley
Panama
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
~~-
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
;

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
f(\\A.~
.----

instructing
direct
the
or
indirect
hereinafter
set
outside
the
matter(s)
is
will
thereby
requiring
forth,
without
and
serve
to
748 Jenks
Deputy
P.O.
of
Court
(s)
trial
first
for
to
before
an
from
the
of
jury
permission
the
on
unfairly
jury,
immaterial
prejudice
to
the
grounds
the
Henry
v.
any
matter(s)
the
Court
that
said
involved
against
of
Limine
making
issues
jurors
authority
in
the
from
the
to
the
Order
refrain
obtaining
or
pursuant
the
State
State,
290
(2d DCA 1974).

The arrest
and
underlying
facts
or
charges.
a copy
of
the

has
at
irrelevant
only
this
Defendant
hearing
a mistrial,
1.
Limine
the
whatsoever
incompetent,
and
73
for
mention
presence
herein,
So.2d
Attorneys
moves
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
Hoot
attorney
City,
Florida
criminal
record
foregoing
Crawford,
Panama
for
of
City,
Charles
32402-0580;
attorney
Florida
Enfinger,
Robert
Carl
Jones
Motion
for
for
Henry
32402;
at
to
include
Order
in
Dickens,
Walter
115 East
Sombathy,
the
at
B. Smith,
4th Street,
attorney
for
)
at
Jr.,
attorney
for
P.O.
Box 430,
Raymond
Hauck,
Panama
at
City,
Florida
32402;
James
H. White,
229 McKenzie
Avenue,
Panama
City,
Florida
Panama
Florida
32401;
Ashley
32401;
527 Jenks
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
for
and
on this~/
Kristin
Robert
Box 651,
Avenue,
Schmidt,
Pell,
Panama
day
at
attorney
City,
City,
1004
for
Florida
of August,
Jenks
Joseph
32401,
Avenue,
Walsh
via
U.S.
Panama
II,
mail
at
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
c;, C~7/'
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
RAYMONDHAUCK
06-4016CFMD
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
thereby
requiring
without
and
serve
at
of
a mistrial,
to
before
an
from
the
of the
jury
the
on
jury,
immaterial
to
the
the
any
matter(s)
the
Court
that
issues
said
involved
against
of Henry
Limine
making
grounds
jurors
authority
in
from
the
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
(s)
trial
first
hearing
to
Court
Defendant
irrelevant
only
this
~tc\J~1
the
v.
State
State,
290
records
of
January
5,
(2d DCA 1974).

l.
forth,
the
whatsoever
incompetent,
and will
73
for
mention
presence
herein,
So.2d
Attorneys
moves
\j/ldif ;t
Any
inquiry
Martin
a.
into
Anderson
Any records
any
not
medical
limited
of any hospital
or
to but
mental
heal th
including:
admission
prior
to
2006.
b.
Any records
c.
The hospital
Martin
of any doctor's
and
Anderson.
medical
office
records
visits
concerning
or treatments.
the
birth
of

Limine
748
has
Jenks
Deputy
P.O.
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Defender,
Box 580,
Panama
at
Jr.,
a copy
attorney
for
Hoot
the
foregoing
Crawford,
Panama
attorney
City,
of
for
Florida
attorney
City,
Charles
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
for
Florida
City,
for
at
Florida
32402;
Avenue,
at
B.
Smith,
4th Street,
115 East
Sombathy,
in
Dickens,
Walter
Robert
229 McKenzie
Order
Henry
32402;
Enfinger,
32402-0580;
P.O.
Motion
attorney
James
Panama
for
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
and
527
Jenks
for
Kristin
Robert
Box 651,
on this~(
Jonathan
Avenue,
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
of
City,
1004
for
Florida
August,
Dingus,
Florida
Jenks
Joseph
32401,
forllllllll
attorney
32401;
Avenue,
Walsh
via
U.S.
Ashley
Panama
II,
at
mail
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
,,,..-------STAT~
'----7
SH/rje
ATTO~
ec-s-;;;1
Z: -
City,
SCOTT HARMON
FLORIDA BAR #933775

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
06-4016CFMA
KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH

instructing
direct
the
or indirect
hereinafter
set
outside
the
matter(s)
is
for
mention
forth,
presence
and will
without
and
thereby
requiring
serve
to
to
before
an
the
of the
jury
the
on
immaterial
prejudice
to
the
from
the
to
the
in
from
permission
jury,
Order
refrain
obtaining
or
unfairly
(s)
for
grounds
the
authority
making
the
Henry
v.
Court
that
said
involved
against
of
any
matter(s)
issues
jurors
Limine
the
State
State,
290
73 (2d DCA 1974).

Any self
serving
has
748 Jenks
a copy
been
furnished
to
Avenue,
P.O.
Box 1103,
Public
Box 580,
Defender,
Panama
Hoot
attorney
City,
comment
criminal
P.O.
of
Court
trial
first
pursuant
of a prior
Deputy
at
irrelevant
only
this
Defendant
hearing
a mistrial,
1.
Limine
the
whatsoever
incompetent,
herein,
So.2d
Attorneys
moves
Florida
or inquiry
the
defendant's
lack
record.
of
the
foregoing
Crawford,
Panama
for
into
City,
Charles
32402-0580;
attorney
Florida
Enfinger,
Robert
Motion
f6r
for
Henry
32402;
at
Order
Dickens,
Walter
115 East
Sornbathy,
in
at
B. Smith,
4th Street,
attorney
for
at
Jr.,
attorney
for
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
City,
Florida
229 McKenzie
32402;
Avenue,
James
Panama
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527 Jenks
for
and
Box 651,
on this
~day
Avenue,
Kristin
Robert
Jonathan
Schmidt,
Pell,
Panama
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
Panama
II,
U.S.
Ashley
mail
at
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
STATE ATTORNEY
~c~~
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
CIRCUIT

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II
. THE STATE OF FLORIDA,

instructing
direct
the
or
indirect
hereinafter
outside
set
the
matter(s)
is
for
mention
forth,
and
will
thereby
requiring
serve
at
hearing
to
a mistrial,
Court
of
to
before
an
from
the
of the
jury
the
on
jury,
immaterial
to
the
Order
refrain
permission
prejudice
pursuant
for
obtaining
or
unfairly
( s)
trial
first
irrelevant
only
this
Defendant
whatsoever
incompetent,
and
the
without
presence
herein,
So.2d
Attorneys
moves
authority
the
Henry
v.
said
involved
against
of
Court
that
issues
jurors
any
matter(s)
grounds
the
Limine
making
from
the
to
the
in
the
State
State,
290
73 (2d DCA 1974).

Any inquiry
or
the
of
guilt
of the
any
or
expert
innocence
witness
of
to have
credibility
of another
expert
Any attempt
to
the
with
his
to
any
defendant
legal
or
conclusion
the
propriety
charges.
Any attempt
or
any
as
opinion
other
one expert
bolster
or
bolster
or degrade
the
witness.
credibility
by questioning
experts
witness
treatises
the
of
expert
which
any
about
support
expert
witness
consultations
or
agree
with
his
4.
opinion.
Any attempt
to
through
testimony
the

Limine
has
748 Jenks
Deputy
P.O.
furnished
to
Avenue,
P.O.
Box 1103,
Defender,
Box 580,
Panama
at
Jr.,
a copy
been
Public
attorney
for
elicit
of
of
Hoot
the
Panama
for
Florida
or
any
expert
City,
Box 430,
Raymond
Hauck,
Panama
Florida
32402-0327;
at
Motion
for
Florida
Charles
for
at
115 East
Sombathy,
Florida
32402;
Avenue,
in
Dickens,
Walter
Robert
229 McKenzie
evidence
Order
Henry
32402;
Enfinger,
City,
inadmissible
witness.
attorney
32402-0580;
P.O.
other
foregoing
Crawford,
attorney
City,
hearsay
at
B. Smith,
4th Street,
attorney
James
Panama
for
H. White,
City,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
527
Jenks
for
Kristin
and
Robert
Box 651,
on this;('-/
Jonathan
Avenue,
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
for
U.S.
Ashley
Panama
II,
at
mail
and
submitted,
MARK A. OBER
STATE ATTORNEY
~~-"'$'< -
SCOTT HARMON
FLORIDA BAR #933775
SH/rje
City,
514 Magnolia
2007.
Respectfully
11111111
r
'
..
'

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOSEPH WALSH II

instructing
direct
the
or indirect
hereinafter
outside
matter(s)
set
the
is
for
mention
forth,
and
thereby
requiring
serve
Defendant
whatsoever
at
of
irrelevant
only
to
a mistrial,
Court
( s)
trial
first
hearing
incompetent;
and will
the
without
presence
herein,
So.2d
Attorneys
this
to
before
from
the
of the
jury
the
on
jury,
immaterial
to
the
the
to
the
Order
refrain
permission
prejudice
pursuant
an
obtaining
or
unfairly
for
authority
Court
that
issues
against
of Henry
any
matter(s)
the
grounds
jurors
Limine
making
from
the
in
involved
the
v.
said
State
State,
290
73 (2d DCA 1974).

1.
Any inquiry
of Dr. Vernard
Governor
Bush was exerting
Attorney
for
this
Any
result
of
argument
or came to
the
Attorney
State
Circuit
that
Dr.
a particular
for
.--
on the
during
Vernard
opinion
the
his
opinion
Office
the
of whether
of the
State
investigation
of
Ai.cf8t>-.Olr/-
l.Y'ld~r
Attorney
Mark Ober.
any pressure
13th Judicial
jJ.e
td
case.
2.
the
Adams as to
13th
I\Je
(d
Adams
reached
at
request
of the
the
Judicial
Circuit
particular
or
Office
State
W/dPY ffj~IJ'[~r
{
di

furnished
P.O.
to
Hoot
Box 1103,
Defender,
Panama
Crawford,
Panama
attorney
City,
City,
for
Florida
Florida
32402;
at
Motion
Dickens,
Walter
at
Robert
City,
foregoirrg
Henry
Enfinger,
Panama
Hauck,
the
for
32402-0580;
Box 430,
of
attorney
Charles
lllllllllllllllat
P.O.
a copy
Sombathy,
229.McKenzie
at
Deputy
4th Street,
attorney
32402;
Avenue,
Limine
has
748 Jenks
B. Smith,
115 East
Florida
in
been
Avenue,
Public
P.O.
Box 580,
for
James
H. White,
Panama
City,
Jr.,
Florida
32401;
327,
Panama
City,
at
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
facsimile,
Florida
527 Jenks
for
and
22
Jonathan
Avenue,
Kristin
Robert
Box 651,
on this
32402-0327;
Schmidt,
Pell,
Panama
day
Panama
at
attorney
City,
City,
1004
for
Florida
of August,
Dingus,
attorney
Florida
Jenks
Joseph
32401,
32401;
Avenue,
Walsh
via
U.S.
Ashley
Panama
II,
mail
at
514 Magnolia
and
2007.
Respectfully
submitted,
MARK A. OBER
c:;;:?
SCOTT HARMON
FLORIDA BAR #933775
SH/als
City,

STATE OF FLORIDA,
INFORMATIONCHARGING:
Plaintiff,
AMENDS INFORMATION FILED
ON NOVEMBER 28, 2006
vs.
Count I:
Henry Dickens
Black/Male, DOB 10/27/46,
of a Person under 18
782.07(3) & 827.03(3)
1stDegree Felony
'
Defendant,
Charles Enfmger
Case No.: 06-4016CF

Defendant,
een an,
Raymond Hauck
SSN 266-51-9961,
Defendant,
Kristin Schmidt
White/Female, DOB 09/19/53,
Defendant,
Joseph Walsh II, alias Joe Walsh

White/Male, 07/05/71,
_______________
Defendant,
___,/
--IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA:

of the State of Florida pursuant to Executive Order 06-36, Amended Executive Order 0637 and Executive Order 07-40, prosecuting for said State of Florida, in the name of and
by the authority of the State of Florida, in the County of Bay, under oath, informs the
Court that
Countl
!!!!la!!!!i
Henry Dickens, Charles Enfinger

Raymond Hauck,
ILI I Ji., Kristin Schmidt, and Joseph Walsh II

~ on or a out the 5thday of January, 2006, within the County of Bay and
the State of Florida, being caregivers of Martin Lee Anderson, a person under the age of
eighteen, did cause the death of Martin Lee Anderson by culpable negligence, without
lawful justification or excuse, by willfully or by culpable negligence neglecting Martin
Lee Anderson, by failure or omission to provide Martin Lee Anderson with the care,
supervision or services necessary to maintain his physical or mental health that a prudent
person would consider essential for the well-being of a child, or by failure to make a
reasonable effort to protect Martin Lee Anderson from abuse, neglect, or exploitation by
another person, in violation of 782.07(3) and 827.03(3), Florida Statutes, contrary to
the form of the statute in such cases made and provided, and against the peace and
dignity of the State of Florida.
of the State of Florida pursuant to Executive Order 06-36, Amended Executive Order 0637 and Executive Order 07-40, under oath, states that the allegations set forth in the
INFORMATION are based on facts that have been sworn to as true, under oath, by
material witnesses, and which, if true, would constitute the offense(s) therein charged,
and this INFORMATION is filed in good faith.
Sworn to and subscribed before me this 28th
day of August, 2007, by Mark A. Ober,
who is personally known to me.
.~
State of Florida
CD
,,'""/.::!,,_
;,.,
,,.,
...
l Marie
Cox
"""""
i MYCOMMJSIION#
M,'17,2008
110NOED
lHIUllOYFAIN
INSURANCE.
IIIC.
MarkA. ber
State Atto y
Florida Bar #230804
(813)272-5400
Executive Order 07-40

STATE OF FLORIDA,
Plaintiff,
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
~ .. ~I~ I I
06-4016CFMD
,.
KRISTIN SCHMIDT
JOSEPH WALSH, II
06-4016CFMF
06-4016CFMG
06-4016CFMH
,,
< ...
~~.=:::
4
ORDER ON STATE'S AND DEFENDANTS' MOTIONS IN LI.MINE

D
:.:.;,(Jr,;
--or-
::::rc::
STATE'S MOTION IN LIMINE #1
>~
f:
-rn
::,
A.I
1.
Any bad character evidence concerning the victim Martin Anderson.
GRANTED.
2.
Any bad acts committed by Martin Anderson.
UNDER ADVISEMENT. Certain prior conduct of Martin Anderson may be relevant if

the conduct was made known to the Defendants prior to or at the time of his admission if
said knowledge would help to explain the acts of the Defendants.
3.
Any acts of aggression or violence by Martin Anderson.
UNDER ADVISEMENT. Certain prior acts of aggression by Martin Anderson may be

relevant if the conduct was made known to the Defendants prior to or at the time of his
admission if said knowledge would help to explain the acts of the Defendants.
4.
Any inquiry of any witness and any argument concerning alleged substance abuse by
Martin Anderson.
GRANTED ONLY AS IT RELATES TO ANY PERIOD PREDATING ADMISSION

Evidence of Martin Anderson's toxicological results may be relevant to explain Martin
Anderson's conduct following admission to the Boot Camp facility; to explain the acts of
the Defendants following admission to the Boot Camp facility; to aid any forensic experts
regarding issues relating to cause of death.
5.
Any toxicological screening done during Martin Anderson's hospitalization following

his admission to the boot camp, specifically any positive screening for cannabinoids.
DENIED. Evidence of Martin Anderson's toxicological results may be relevarit to explain
Martin Anderson's conduct following admission to the Boot Camp facility; to explain the
acts of the Defendants following admission to the Boot Camp facility; to aid any forensic
experts regarding issues relating to cause of death.
6.
Any arrest or criminal history of Martin Anderson including the underlying facts or
charges of any arrest or conviction.
GRANTED. As to facts about Martin Anderson personally. DENIED as to generalities
about the Boot Camp and to what type of criminal offenders occupied the Boot Camp.
7.
Any inquiry of any witness and any argument concerning whether Martin Anderson
was sexually active or not.
GRANTED.
8.
Any alleged possession of weapons by Martin Anderson.

UNDER ADVISEMENT. Certain evidence of a victim's propensity to act violently might
be relevant under certain circumstances.
9.
Any school or academic records for Martin Anderson or the contents of such records
to include:
a. academic performance records.
b. disciplinary or misconduct reports or records.
c. any school suspensions
d. any in school detentions.
e. any repeated school years.
UNDER ADVISEMENT if contained in the DJJ Comprehensive Evaluation.
10.
Any hearsay statements made by Martin Anderson prior to admission into the Boot
Camp on January 5, 2006.
UNDER ADVISEMENT.
11.
Any incidents where Martin Anderson ran away from home.

GRANTED.
12.
Any information contained within a record titled DJJ Comprehensive Evaluation,

which was previously sealed by order of this Court.
UNDER ADVISEMENT.
STATE'S MOTION IN LIMINE #2
1.
Any bad character evidence concerning Gina Jones.

GRANTED.
2.
Any allegations of substance abuse or alcohol abuse by Gina Jones.

GRANTED.
3.
Any hearsay statements by Gina Jones.

UNDER ADVISEMENT. Certain hearsay statements by Gina Jones may be relevant to
explain Martin Anderson's conduct following admission to the Boot Camp facility; to
explain the acts of the Defendants following admission to the Boot Camp facility; to aid
any forensic experts regarding issues relating to cause of death.
4.
Any inquiry as to whether Gina Jones was told by any medical authority at the time
of Martin Anderson's birth that Martin Anderson had sickle cell trait.
GRANTED. The issue of whether the Defendants knew or should have known about
Martin Anderson's sickle cell trait is relevant to their defense to the charges filed against
them. Based on the representation of counsel for the State, the State concedes that the
Defendants did not know and could not have known that Martin Anderson had sickle cell
trait at any time relevant to these proceedings. Therefore, the issue of why the Defendants
were not told about these facts is not relevant to this trial.
While the issue of whether Gina Jones knew or should have known about Martin
Anderson's sickle cell trait might be relevant in a civil proceeding for damages where the
plaintiffs comparative fault is at issue, it is not an issue in this criminal proceeding for the
reasons cited herein.
5.
Any inquiry into Gina Jones' personal knowledge of the Panama City Boot Camp, or
how it operated, before Martin Anderson was admitted to the boot camp, to include
any prior visits to the boot camp or any prior observation of the boot camp.
UNDER ADVISEMENT.
6.
Any desires or wishes of Gina Jones or actual actions taken by Gina Jones to have
Martin Anderson sent to the Panama City Boot Camp.
UNDER ADVISEMENT.
7.
Any changes in Gina Jones employment or financial status after Martin Anderson's
death or after any civil settlement concerning his death.
DENIED as to evidence relating to Gina Jones civil settlement which may be probative of
bias. GRANTED OTHER WISE.
8.
How often Martin Anderson spent the night at his grandparents or anywhere else out
of Gina Jones' home.
GRANTED.
9.
If Martin Anderson had ever ran away from home or if Gina Jones had ever asked
him to leave home.
GRANTED.
10.
Any inquiry into when Gina Jones would punish Martin Anderson or what type of
punishment she used to discipline Martin Anderson.
GRANTED.
11.
Any inquiry into the punishment of Martin Anderson by Gina Jones or Robert
Anderson when Martin Anderson misbehaved.
GRANTED.
12.
Any inquiry into Gina Jones other children (a)-(d).
GRANTED.
13.
The marital status of Gina Jones at the time of Martin Anderson's birth.
GRANTED. Gina Jones marital status shall be redacted from medical records relating to
Martin Anderson's birth.
14.
Any opinion or observation that Gina Jones may have concerning the relationship
that existed between Martin Anderson and Robert Anderson.
GRANTED.
15.
Any opinion or belief of Gina Jones as to whether Martin Anderson was associated
with any criminal element or group.
UNDER ADVISEMENT. This information may be relevant to explain Martin Anderson's

conduct following admission to the Boot Camp facility; to explain the acts of the
Defendants following admission to the Boot Camp facility.
16.
Any investigations involving Gina Jones by the Department of Children and Families
and any allegations, statements or opinions contained with any DCF records.
GRANTED.
17.
Any inquiry into any specific incidents where Martin Anderson misbehaved in the
home and the subsequent actions of Gina Jones.
UNDER ADVISEMENT.
18.
Any arrest or criminal history of Gina Jones including the underlying facts or charges
of any arrest.
GRANTED.
19.
Any meetings between Gina Jones and then Governor Jeb Bush or current Governor
Charlie Crist and the content of any conversation between Ms. Jones and Governor
Bush or Governor Crist.
GRANTED.
STATE'S THIRD MOTION IN LIMINE

The parties stipulated that this motion is moot.
STATE'S FOURTH MOTION IN LIMINE

1.
Any inquiry into any civil lawsuits brought by the family of Martin Anderson after
his death, any settlements of any lawsuits, the monetary amount of any settlement and
its distribution and any inquiry into the legislative or executive creation of the Martin
Lee Anderson Act.
DENIED.
2.
Any inquiry into Gina Jones and Robert Anderson retaining legal counsel after the
death of Martin Anderson.
DENIED.
STATE'S FIFTH MOTION IN LIMINE
The parties stipulated that this motion is moot.
STATE'S SIXTH MOTION IN LIMINE

1.
Any inquiry into any medical or mental health records of Martin Anderson not
limited to but including:
a. Any records of any hospital admission prior to January 5, 2006.
b. Any records of any doctor's office visits or treatments.
c. The hospital and medical records concerning the birth of Martin Anderson.
UNDER ADVISEMENT
STATE'S SEVENTH MOTION IN LIMINE

1.
Any self serving comment or inquiry into the defendant's lack of a prior criminal
record.
GRANTED.
STATE'S EIGHTH MOTION IN LIMINE
1.
2.
3.
4.
Any inquiry of any expert witness as to any legal conclusion or the guilt or innocence
of any defendant or the propriety of the charges.
Any attempt to have one expert witness bolster or degrade the credibility of another
expert witness.
Any attempt to bolster the credibility of any expert witness or his opinion by
questioning the expert about consultations with other experts or treatises which
support or agree with his opinion.
Any attempt to elicit hearsay or other inadmissible evidence through the testimony of
any expert witness.
GRANTED.
STATE'S NINTH MOTION IN LIMINE

1.
2.
Any inquiry of Dr. Bernard Adams as to his opinion of whether Governor Bush was
exerting any pressure on the Office of the State Attorney for the 13th Judicial Circuit
during investigation of this case.
Any argument that Dr. Vernard Adams reached a particular result or came to a
particular opinion at the request of the Office of the State Attorney for the 13th
Judicial Circuit or State Attorney Mark Ober.
UNDER ADVISEMENT
DEFENDANTS' FIRST MOTION IN LIMINE
1.
Any evidence concerning the policies and procedures employed by any other juvenile
boot camp facilities which would include evidence that the procedures relating to use
of force and use of ammonia capsules followed by the Bay County facility were not
followed at other boot camps.
GRANTED.
DEFENDANTS' SECOND MOTION IN LIMINE
2.
Prohibiting the inclusion in any jury instructions, instructions relating to nonhomicide lesser included offenses.
DENIED. Because the cause of death is disputed in this matter, the State is entitled to jury
instructions relating to non-homicide lesser included offenses. See: Rossi v. State, 602
So.2d 614 (Fla. 4thDCA 1992); Walker v. State, 671 So. 2d 817 (Fla. 4thDCA 1996).
DEFENDANTS' THIRD MOTION IN LIMINE
3.
The parties announced that the issue of corporal punishment is now moot.
:?
ORDERED:SO,
Michael C. Overstreet, Circuit Judge.
CC:
All Counsel for the State
and the Defendants.
2007.
CLERK
IN THE CIRCUIT COURTOF THE FOURTEENJUDICIAL CIRCUIT

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH
KRISTIN SCHMIDT
JOSEPH WALSH II
STATE'S NOTICE OP AUTHORITY RELIED UPON IN SUPPORT OP

MOTIONS POR ORDER IN LIMINB
COMESNOW, The State

authority
relied
which authority
upon
in
of Florida,
support
of
the
and files
this
State's
Motions
1346 (Fla.
1990}
notice
For
of case
Order
In
law
Limine
is as follows:
Nowitzke
Carver
v.
State
572 So.2d
v. Orange County
Linn v. Fossum 946 So.2d

Martinez
v.
State
Wyatt v. State
Cummings v.
Weitz v.
Chavers
v.
State
State
v.
Hitchcock
Fernandez
Jackson
v. State
v.
State
2000}
3rd DCA 1991}
524 So.2d
403 (Fla.1988}
436 (Fla.
1060 (Fla.4th
1880 (Fla.
413 So.2d
536 So.2d
5th DCA 1983}
811 (Fla.
380 So.2d
v. State
1074 (Fla.
412 So.2d
510 So.2d
State
Banda v. State
State
452 (Fla.
1032 (Fla.2006)
761 So.2d
578 So.2d
Torres-Arboledo
444 So.2d
741 (Fla.
221 (Fla.
730 So.2d
545 So.2d
DCA 1987)
5th DCA 1980)
1982)
,,
-
1988}
277 (Fla.
260 (Fla.
4th DCA 1982)
1999}
1989}
-0
rn
CJ
Lozano v.
State
Hoffman v.
Williams
584 So.2d
State
Taylor
708 So.2d
v. State
Smith v. State
v.
Relied
Upon In Support
Hoot Crawford,
1103,
attorney
Panama City,
attorney
for
City,
Florida
P.O.
Box 430,
for
Florida
Charles
32402-0580;
at
Walter
foregoing
32402;
229 McKenzie Avenue,
Deputy
4th Street,
attorney
Jenks
Kristin
Pell,
32402-0327;
Avenue,
Panama City,
August,
Panama City,
Schmidt,
attorney
Jonathan
at
for
Florida
Dingus,
Florida
1004 Jenks
Joseph
32401,
Avenue,
Walsh II,
via
U.S.
at
P.O.
P.O.
Defender,
Box 580,
Panama
at
Jr.,
Florida
attorney
Box 327,
Panama City,
at
Benedik,
attorney
Florida
32401;
514 Magnolia
Avenue,
P.O.
and facsimile,
527
for
and Robert
Box 651,
on this::2-~~Y
2007.
Respectfully
submitted,
T HARMON
SSISTANT STATE ATTORNEY
FLORIDA BAR #933775
SH/rje
for
32401;111111111111
Panama City,
mail
Box
for
Ashley
to
for
Panama City,
32401;
furnished
Public
James H. White,
attorney
of Authority
Avenue,
t Office
Florida
Notice
has been
748 Jenks
B. Smith,
Sombathy,
Florida
State
In Limine
at
at 115 East
Robert
Panama City,
Raymond Hauck,
4th DCA 1995)
Henry Dickens,
Enfinger,
DCA 1995)
887 (Fla.
For Order
32402;
1st
2nd DCA 1987)
a copy of the
of Motions
2nd DCA 1992)
1371 (Fla.
652 So.2d
I HEREBYCERTIFY that
5th DCA 1998)
524 (Fla.
358(Fla.
513 So.2d
State
3rd DCA 1991)
962 (Fla.
600 So.2d
661 So.2d
v. State
Douglas
19 (Fla.
of

OF THE STA TE OF FLORIDA IN AND FOR BAY COUNTY
CRIMINAL WSTICE DIVISION
STA TE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
RAYMOND HAUCK
C
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1 T; H
JOSEPH W Al.SH II
06-4016CFMA
06-4016CFMB
":~"
06-4016CFMG
06-4016CFMH
STATE'S NOTICE OF AUTHORITYRELIEDUPON

IN OPPOSITIONTO DEFENSEMOTIONSIN LIMINE
The State of Florida, by and through the undersigned Assistant State Attorney,
intends to rely on the following legal authority in opposition to defense motions in limine
filed in this case.
I.
In opposition to the Motion in Limine Re: Jury Instructions: Non-Homicide

Lesser Included Offenses, the State relies on the following:
Drotar v. State, 433 So.2d 1005, (Fla. 3rd DCA 1983)
Walkerv. State, 671 So.2d 817 (Fla. 4thDCA 1996)
State v. Johnson, 601 So.2d 219 (Fla. 1992)
Williams v. State, 957 So.2d 595 (Fla. 2007)
Gallo v. State, 491 So.2d 541 (Fla. 1986)
II.
In opposition to the Defendants' Proposed Jury Instruction Re:

Homicide, the State relies on the following:
Florida Statute 782.03
Florida Standard Jury Instructions in Criminal Cases 7.1
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Enfinger, at 115 East 4th Street, P.O. Box 580, Panama City, Florida 32402-0580
ames H. White, Jr., attorney for Raymond Hauck, at 229 McKenzie A venue, Panama
327, Panama City, Florida 32402-0327; Jonathan Dingus, attorney for Henry McFadden,
Florida 32401, via U.S. mail and facsimile, on this 28th day of August, 2007.
MARK A.OBER
STATE ATTORNEY
hael C. Sinacore

STATE OF FLORIDA,
Plaintiff,
vs.
CASE NO(S):
KRISTIN SCHMIDT,
Defendant.
06-4016CFMG
MOTION TO SEAL BILLING RECORDS

PURSUANT TO THE Justice Administrative Commission Senate Bill 1088 Ch. 200763,
Law of Florida Questions & Answers the undersigned attorney has filed with the Court a Motion for
Interim Attorney's Fees and Costs. This motion contains detailed billing statements some of which
contain both attorney client confidential statements or work product information. Because this case
has not yet proceeded to trial, it would be appropriate for the actual billing notation portion of the
motion (exhibit "C" of the Motion) to be sealed until the conclusion of this case. The defendant
moves for the justice Administrative Commission to be compelled not to disclose the billing
notations in this case to any outside parties until the case is disposed of.
I HEREBYCERTIFY that a copy of the foregoing has been furnished to Michael Sinacore
Assistant State Attorney, 800 East Kennedy Blvd., Tampa, Florida 33602, by U.S. Mail/Hand
Delivery, this Si~y
of September, 2007.
ASHLEYSNE BENEDIK
FL BAR # 980129
1004 Jenks Avenue
(850)784-2992 Fax (850)784-4773
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STATE OF FLORIDA,
Plaintiffs,
CASE NO.
06-4016-CFMA
V.
HENRY DICKENS
ililiiiiiiiit
RAYMOND HAUCK
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JOSEPH WALSH II
Defendants.
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MEMORANDUM IN SUPPORT OF DEFENDANTS' REQUEST

FOR INSTRUCTION ON "FORESEEABILITY" REQUIREMENT
It is axiomatic that a defendant has a fundamental right to have the jury properly
instructed on his theory of defense if there is any evidence to support that theory. Miller
v. State, 712 So.2d 451 (Fla. 2ndDCA 1998). Here, a portion of the Defendants' theory of
defense is that the death of Martin Lee Anderson was unforeseeable under the
circumstances of the case, and the Defendants could therefore not be found culpably
negligent in the death.
The amended information alleges the Defendants' liability through a theory of
culpable negligence. While the word "willfully" was added to the amended information, the
State made it clear at the recent pre-trial hearing that "willfully" is surplusage as it relates
to the manslaughter charge, and was included in relation to the State's request for nonhomicide lesser included offenses.
The Defendants have presented a proposed jury instruction regarding "aggravated
manslaughter of a child" which tracts the manslaughter instruction regarding culpable

negligence, except that the Defendants have suggested that the additional language of
"and foreseeable" be included in the second paragraph under paragraph 4(b) of the
requested instruction. The pertinent sentence is 'The culpably negligent behavior of the
Defendants may be based on repeated conduct or on a single incident or omission that
results in, or could reasonably be expected to result in substantial and foreseeable risk of
death to Martin Lee Anderson." The Defendants are simply asking to include the two
underlined words in the pattern instruction.
Florida cases demonstrate that foreseeability is required in a culpable negligence
manslaughter case. In State v. Rushing, 532 So.2d 1338 (Fla. 4th DCA 188), the facts
giving rise to the manslaughter prosecution were as follows:
The defendant and the deceased victim were talking in a bar, the
latter evincing unhappiness, depression, and a desire to "blow her brains
out." Obligingly, the defendant took the victim out to the parking lot and gave
her a .45 caliber pistol produced from his automobile. . . . She pulled the
gun up to her head and pulled the trigger.
The defendant was charged with manslaughter under a culpable negligence theory. The
trial court granted the defendant's motion to dismiss on the ground that the decedent's act
in pulling the trigger was an intervening, superseding act. The appellate court reversed,
holding that under the circumstances the decedent's act was foreseeable.
The court
stated:
If an intervening cause is foreseeable, it cannot insulate a defendant from all
liability. Rupp v. Bryant, 417 So.2d 658 (Fla. 1982). In Loranger v. State
Department of Transportation, 448 So.2d 1036, 1037 (Fla. 4th DCA 1983),
this court quoted Cole v. Leach, 405 So.2d 449, 450 (Fla. 4th DCA 1981:
One whose negligence causes injury to another is liable for all
of the consequences that naturally and proximately flow from
such injury, Cone v. lntercounty Telephone and Telegraph

Company, 40 So.2d 148 (Fla. 1949), including injury from an
intervening cause when such intervening cause is itself a
reasonably foreseeable consequence of the tortfeasor's
conduct, Gibson v. Avis Rent-A-Car Systems. Inc., 386 So2d
520 (Fla. 1980), the question of whether the intervening cause
was reasonably foreseeable being one for the trier of fact.
Avis Rent-A-Car Systems. Inc., supra.
See also Padgett v. West Florida Electrical Cooperative, Inc., 417 So.2d 764,
768 (Fla. 1stDCA 1982).
In the case at bar, we are of the firm opinion that it cannot be said as a
matter of law that the deceased victim's actions were not foreseeable. See
Statev. Marti, 290 N.W.2d 570 (Iowa 1980); Persampieriv. Commonwealth,
343 Mass. 19, 175 N.E.2d 1115 (1979).
The victim had said she wanted to blow her brains out. The defendant
immediately furnished her with a loaded pistol and stood and watched her do
just that. The defendant, of course, claims that he thought the victim was
joking, but as a matter of law it cannot be said that it was unforeseeable
that the victim would do that very thing which she had already announced
she would. As a consequence, under the facts sub judice, the question of
foreseeability is for the jury.
532 So.2d at 1339-40 (emphasis supplied). It can be seen that the court freely imported
civil negligence concepts of foreseeability into this manslaughter case.
Another such case is State v. Morris, 740 So.2d 554 (Fla. 1st DCA 1998). The
pertinent facts, as stated by the court, were:
The undisputed facts in the instant case are these.
Morris left Selma, Alabama, with C.S., then fifteen, on a trip to
Florida. Morris was driving a car owned by C.S.'s father.
Morris, during the drive, consumed beer to the point of
intoxication. Morris, swerving in and out of his lane, told C.S.
that C.S. had to drive. C.S. protested because he had no
driver's license. Morris knew C.S. had neither daytime nor
night driving experience. C.S. nevertheless agreed to drive
because he knew Morris was drunk and he did not want to be
stranded on the road late at night (it was approximately 1:00
A.M.). The road was a dark two-lane rural highway. C.S.,
asleep at the wheel, crossed the center lane, and struck and
3
killed James Acree. C.S. entered a guilty plea to driving

without a license, and causing a death through negligence; he
was sentenced to juvenile community control.
740 So.2d at 555. The trial court granted the defendant's motion to dismiss, but the
appellate court reversed, explaining:
The trial court concluded that the cause of the instant
fatality was "that the driver of the car fell asleep," "not so much
that the [unlicensed] person was driving, but that he fell
asleep." Morris however, like M.C.J. [in M.C.J. v. State, 444
So.2d 1001 (Fla. 1st DCA 1984)], although he could not have
foreseen the specific circumstance causing death----that C.S.
would fall asleep at the wheel----nevertheless reasonably
should have foreseen that the same general type of harm----a
deadly auto accident----might unfold from ordering a reluctant,
unlicensed juvenile behind the wheel of a car, in the wee hours
of the morning, on a dark, two-lane highway, with a drunk
passenger unable to supervise in any way. The harm that
occurred----a deadly auto accident----"was foreseeable and
within the scope of the danger created by [Morris's] negligent
conduct." Id. at 1005. The trial court thus erred as a matter of
law in concluding that there is no evidence that Morris set in
motion a chain of events resulting in the death of James Acree.
M.C.J.
740 So.2d at 555 (bracketed citation and emphasis added).
These cases support the following proposition: a reasonably foreseeable intervening
circumstance/event
between the culpably negligent act of the defendant and the
decedent's death will not excuse the defendant in a culpable negligence manslaughter
prosecution; an unforeseeable circumstance/event will excuse the defendant in a culpable
negligence prosecution.
There is really nothing novel in this assertion, as the pattern
instruction states that "culpable negligence is consciously doing an act or following a

course of conduct that the defendant must have known, or reasonably should have known,
was likely to cause death or great bodily injury." This portion of the pattern instruction
4
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----~-------
clearly speaks to the "foreseeability" issue, although not completely, without actually using
the word.
There are some cases from other states that speak to the foreseeability issue and
jury instruction.
North Carolina is among the states that employ the term "culpable
negligence" in defining manslaughter. In State v. Hall, 299 S.E.2d 680 (N.C. Ct. App.
1983), the defendant had shot and killed the decedent in a hunting accident. On appeal
of his conviction the defendant contended that the jury had not been properly instructed
on the issue of foreseeability. The appellate court agreed, stating:
To hold a defendant criminally responsible for a
homicide, the defendant's act must have been a proximate
cause of the death. State v. Satterfield, 198 N.C. 682, 153
S.E. 155 (1930); State v. Mizelle, 13 N.C. App. 206, 185
S.E.2d 317 (1971). "Proof of culpable negligence does not
establish proximate cause,: State v. De Witt, 252 N.C. 457,
458, 114 S.E.2d 100, 101 (1960), because mere proof of a
negligent act does not establish its causal relation to the injury.
Further, evidence of causal relation is not necessarily proof of
proximate cause.
So familiar is the definition of proximate cause that it
can be stated, without citation, as a cause: (1) which, in a
natural and continuous sequence and unbroken by any new
and independent cause, produces an injury; (2) without which
the injury would not have occurred; and (3) from which a
person of ordinary prudence could have reasonably
foreseen that such a result, or some similar injurious
result, was probable under the facts as they existed. Thus:
[F]oreseeability is a requisite of proximate cause.
We have previously pointed this out and ordered
a new trial where a proper definition of proximate
cause was not given in a civil action. [Citation
omitted.] It is all the more imperative that all of
the necessary elements including a correct
definition of proximate cause ... be given in a
criminal case [Emphasis added.]
5
Mizelle, 13 N.C.App. at 208, 185 S.E.2d at 318-19.

In this case the defendant, evidently relying on the
pattern jury instruction on involuntary manslaughter, N.C.P.1.Crim 206.50, which defines proximate cause and specifically
refers to foreseeability, requested that the following instruction
be given: "To hold a person criminally responsible for
manslaughter his act must have been a proximate cause of
[the] death. Foreseeability is a requisite of proximate cause."
The trial court, however, merely instructed the jury that "the
State must prove that this unlawful or criminally negligent [sic]
on the part of the defendant in shooting the said Mr. Futreal
proximately caused the death of Mr. Futreal. No definition of
proximate cause was included in the trial court's charge, and
no specific reference to "foreseeability'' was made when the
trial court mentioned the words "proximately caused."
The trial court did mention the words "reasonable
foresight" in defining criminal negligence, and the State, relying
on State v. Gainey, 292 N.C. 627, 234 S.E.2d 610 (1977),
contends that the instructions, considered contextually, were
adequate. We disagree. Gainey is distinguishable because
the trial court therein adequately defined proximate cause and
gave specific instructions on foreseeability.
A reference to "reasonable foresight" as an element

of criminal negligence is not sufficient when no
instruction of foreseeability is given with reference to
proximate cause. As we stated earlier, evidence of causal
relation and proof of culpable negligence are not necessarily
proof of proximate cause. State v. Satterfield.
299 S.E.2d at 683-84 (footnote omitted, bold emphasis supplied, other emphasis by the
court).
In State v. Magby, 969 P2d. 965 (N.M. 1998), the defendant was charged with
abuse of a child resulting in death. The decedent was a four-year-old girl who had been
riding with her mother on a horse when the horse bolted, resulting in the child falling off and
sustaining fatal injuries. Prior to the horse's bolting, the defendant had "playfully" removed
----~--------
------
the horse's bridle and bit. This resulted in the mother's being unable to stop the horse
when it bolted. The information charged the defendant with negligently causing the child's
death. The trial court instructed the jury:
To find that Robert Leon Magby negligently caused child
abuse to occur, you must find that Robert Leon Magby knew
or should have known of the danger involved and acted with a
reckless disregard for the safety or health of Heather Naylor;
969 P2d at 966 (bold and regular emphasis in original). The trial court refused to give the
following instruction that was requested by the defendant:
For you to find that the Defendant acted recklessly in this case,
you must find that he knew or should have known that his
conduct created a substantial and foreseeable risk, that he
disregarded that risk and that he was wholly indifferent to the
consequences of his conduct and to the welfare and safety of
others.
969 P2d at 967 (emphasis supplied). The appellate court held that the trial court erred in
refusing to give this instruction. It directed that in the future an instruction similar to that
requested by the defendant be given in such cases. It should be pointed out that the court
did not focus so much on the foreseeability language included in the requested instruction,
but rather on the likelihood that the requested instruction might avoid confusion by the jury.
Intent to cause the death of the victim is not an element of aggravated manslaughter
of a child; the necessary causation element is culpable negligence. Hankerson v. State,
831 So.2d 235 (Fla. 1st DCA 2002). Tyus v. State, 845 So.2d 318 (Fla. 1st DCA 2003)
makes it clear that in a manslaughter prosecution, the State must not only establish
causation in fact, but must also prove the defendant's conduct was the legal or proximate
cause of death.
As stated in Tyus, "The two questions that must be considered in

7
establishing legal causation are: (1) whether the prohibited result of the defendant's
conduct is beyond the scope of any fair assessment of the danger created by the
defendant's conduct and (2) whether it would be otherwise unjust, based on fairness and
policy considerations, to hold the defendant criminally responsible for the prohibited result."
It is apparent that "foreseeability" is solidly included within the first question posed above.
In short, the Defendants are asking for an additional two words, rather than an
additional lengthy instruction, on the foreseeability issue. They should have that.
DATED this
5-
day of September, 2007.
TS, WHITE & GRABNER
S H. WHI E, JR.
1da Bar No. 309303
229 McKenzie Avenue
(850) 785-1522
ATTORNEY FOR DEFENDANT, HAUCK
I HEREBY CERTIFY that a copy of the foregoing Memorandum has been furnished
by U.S. Mail, to Michael C. Sinacore, Assistant State Attorney, 800 East Kennedy
Boulevard, 3rd Floor, Tampa, Florida 33602-4148; and to those persons set forth in the
attached Additional Service List, this
day of September, 2007.
+-
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8
-~----
Ashley S. Benedik
Attorney at Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
Post Office Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P. 0. Box 580
------------------
-~---
IN THE FOURTEENTH JUDICIAL CIRCUIT

STATE OF FLORIDA
Plaintiff,
vs.
HENRY DICKENS
CHARLES ENFINGER
CASES 06-4016CFMA-CFMH,
RAYMOND HAUCK
r:::i
KRISTIN....
~.L.UT.L.U..,,
JOSEPH WALSH II
ORDER RELATING TO STATE'S AND DEFENDANTS'

PROPOSED JURY INSTRUCTIONS
THIS CAUSE, came on for hearing on the State's and Defendants' Proposed Jury
Instructions which the court took under advisement. The court is now fully advised in the matter.
Accordingly, with respect to the State's proposed jury instructions relating to the charge of
Aggravated Manslaughter of a Person under 18, Manslaughter and Pre-existing Medical
Condition and the Defendants' proposed jury instructions relating to Aggravated Manslaughter of
a Person under 18, Manslaughter, Excusable Homicide and Foreseeability, the court orders that
the following instruction will be given subject to consideration of further argument by the
parties:
782.07(3) and 827 .03(3)
A person who causes the death of a person under the age of 18 by culpable negligence by
neglect of a child commits Aggravated Manslaughter of a Person under 18.
As to (defendant), to prove the crime of Aggravated Manslaughter of a Person Under 18,
the State must prove the following four elements beyond a reasonable doubt:
1.
2.
The defendant was a caregiver for Martin Lee Anderson
3.
4.
The defendant directly and proximately caused the death of Martin Lee Anderson
by neglecting Martin Lee Anderson through culpable negligence.
"directly caused the death" means that but for the culpable negligence of the defendant,
Martin Lee Anderson would not have died.
Culpably negligent conduct can directly cause the death of an individual if the culpably
negligent conduct aggravates a pre-existing medical condition and as a consequence, the preexisting medical condition causes the death of an individual.
However, a defendant cannot directly cause the death of an individual if the death of the
individual would have occurred, in any event, regardless of the culpably negligent conduct of the
defendant.
"proximately caused the death" means that (1) the death of the victim was reasonably
foreseeable; so that it can be said that the death of the victim is not beyond the scope of any fair
assessment of the danger created by the defendant's conduct, and (2) the conduct does not fall
within the definition of justifiable or excusable homicide as I have previously explained those
terms.
"culpable negligence" is defined as follows: Each ofus has a duty to act reasonably
toward others. If there is a violation of that duty, without any conscious intention to harm, that
violation is negligence. But culpable negligence is more than a failure to use ordinary care
toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable
negligence is a course of conduct showing reckless disregard of human life, or of the safety of
persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption
of a conscious indifference to consequences, or which shows wantonness or recklessness, or a
grossly careless disregard of the safety and welfare of the public, or such an indifference to the
rights of others as is equivalent to an intentional violation of such rights.
The negligent act or omission must have been committed with an utter disregard for the
safety of others. Culpable negligence is consciously doing an act or following a course of
conduct that the defendant must have known, or reasonably should have known, was likely to
cause death or great bodily injury.
1.
A caregiver's failure or omission to provide a child with the care, supervision, and
services necessary to maintain the child's physical and mental health, including,
but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and
medical services that a prudent person would consider essential for the well-being
of the child;
or
2.
A caregiver's failure to make a reasonable effort to protect a child from abuse,

neglect, or exploitation by another person.
Neglect of a child may be based on repeated conduct or on a single incident or omission

that results in, or could reasonably be expected to result in, serious physical or mental injury, or a
substantial risk of death, to a child.
"Caregiver" means a parent, adult household member, or other person responsible for a
child's welfare.
7.7 MANSLAUGHTER
782.07, Fla.Stat.
As to (defendant), to prove the lesser-included crime of Manslaughter, the State must prove
the following two elements beyond a reasonable doubt:
1.
2.
The death of Martin Lee Anderson was directly and proximately caused by the
culpable negligence of (defendant).
Culpably negligent conduct can directly cause the death of an individual if the culpably
negligent conduct aggravates a pre-existing medical condition and as a consequence, the preexisting medical condition causes the death of an individual.
However, a defendant cannot directly cause the death of an individual if the death of the
individual would have occurred, in any event, regardless of the culpably negligent conduct of the
defendant.
"proximately caused the death" means that (1) the death of the victim was reasonably
foreseeable; so that it can be said that the death of the victim is not beyond the scope of any fair
assessment of the danger created by the defendant's conduct, and (2) the conduct does not fall
within the definition of justifiable or excusable homicide as I have previously explained those
terms.
However, the defendant cannot be guilty of manslaughter if the killing was either justifiable
or excusable homicide as I have previously explained those terms.
I will now define "culpable negligence" for you. Each of us has a duty to act reasonably
toward others. If there is a violation of that duty, without any conscious intention to harm, that
violation is negligence. But culpable negligence is more than a failure to use ordinary car toward
others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence
is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed
to its dangerous effects, or such an entire want of car as to raise a presumption of a conscious
indifference to consequences, or which shows wantonness or recklessness, or a grossly careless
disregard of the safety and welfare of the public, or such an indifference to the rights of others as is
equivalent to an intentional violation of such rights.
The negligent act or omission must have been committed with an utter disregard for the
safety of others. Culpable negligence is consciously doing an act or following a course of conduct
that the defendant must have known, or reasonably should have known, was likely to cause death
or great bodily injury.
DONE AND ORDERED ON SEPTEMBER 12, 2007.
'--~
Michael C. Overstreet, Circuit Judge
Authorities:
Eversley vs. State of Florida, 748 So.2d 963 (Fla. 1999)
Weir vs. State of Florida, 777 So.2d 1073 (Fla. 4th DCA 2001)
CC:
All Counsel for the State
All Counsel for the Defendants

STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-40l~G
06-40~H~
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STATE'S MOTION FOR IN CAMERA REVIEW:--~~

OF RECORDS UNDER SUBPOENA
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THE STATE OF FLORIDA, by and through the undersigned As~t

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Attorney, hereby requests the Court to perform an in camera review of records from Life
Management Center of Northwest Florida, and in support thereof states the following:
1.
On August 30, 2007, pursuant to a motion by the defense, the Court entered
an Order for Life Management Center of Northwest Florida to provide
medical records for Martin Lee Anderson. At the hearing on August 30, 2007,
the State requested the records be provided for in camera review before being
provided to the defense or the State. The Court ordered that the records be
disclosed directly to the parties, and orally ordered that the records not to be
disclosed to any person outside the litigation of this case.
,,
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CD
2.
The purpose stated for the issuance of the subpoena for records from Life
Management Center of Northwest Florida was to discern whether Martin Lee
Anderson had been diagnosed with a seizure disorder and prescribed antiseizure medication.
3.
On September 14, 2007, the State was informed by Life Management Center
of Northwest Florida that it had provided the records in its possession
pertaining to Martin Lee Anderson, except for a record that pertained to
Martin Lee Anderson's mother, Gina Williams (now known as Gina Jones).
The State has been informed that the records have been provided to attorney
Jim White, counsel for defendant Raymond Hauck. The State has been
informed that Life Management Center of Northwest Florida has also
informed Mr. White about the existence of the record pertaining to Martin Lee
Anderson's mother, but has not as yet provided the record to Mr. White.
4.
The State has been informed by Life Management Center that the record they
have not provided is part of the Martin Lee Anderson chart, but the record
does not pertain to any medical condition of Martin Lee Anderson. The
record in question is an Adult Adolescent Parenting Profile on Gina Williams,
done when Martin Lee Anderson was 4 years old. The record arguably is a
psychological/social assessment pertaining to Martin Lee Anderson's mother,
and not a medical record pertaining to Martin Lee Anderson.
5.
The State has not been provided the record in question. Based on the
description provided to the State by Life Management Center, however, the
Adult Adolescent Parenting Profile on Gina Williams does not appear to have
any possible relevance to this case. Furthermore, the record does not appear
to be a record that pertains to any medical condition of Martin Lee Anderson
that was the basis for the Court's order to issue a subpoena.
6.
Because the record in question arguably qualifies as a psychological record

for someone other than Martin Lee Anderson, and the State has specifically
been made aware of this issue, the State feels it is appropriate to renew its
request for the Court to conduct an in camera review. Since Life Management
Center has already disclosed to the defense all other records in its possession
pertaining to Martin Lee Anderson, the only record subject to in camera
review would be the Adult Adolescent Parenting Profile on Gina Williams.
The State feels that an in camera review of this record would be appropriate to
protect the rights of the parties, as well as the rights of Gina Williams (now
known as Gina Jones). If the record in question is a psychological record
pertaining to Gina Williams, the record is privileged and should not be
released to the parties absent compelling reasons to breach the privilege. If
the record does not contain any information relevant to the issues in this case,
the record should not be released to the parties in this case.
, at P.O. Box 430, Panama City, Florida 32402;
'
'
Florida 32401, via U.S. mail and facsimile, on this 17thday of September, 2007.
MARK A.OBER
STATE ATTORNEY
'

STATE OF FLORIDA,
Plaintiff,
v.
CASE NO. 06-4016 CFMA-H
HENRY DICKENS, et al,

Defendants.
ORDER SCHEDULING
CASE MANAGEMENT and CHARGE CONFERENCE
THIS MATTER, upon the Court's own motion, is hereby scheduled for a
case management conference and charge conference on Tuesday, October 2,
2007 at 9:00 a.m., CST before the undersigned, in chambers at the Bay County
Courthouse, Panama City, Florida.
DONE AND ORDERED this
/I/
day of September 2007.
c:::
Circuit Judge
-;.....
c::,
\9
"'" -n
c,>
cc:
All Counsel (via fax except Crawford)

Hoot Crawford, Esq. (via interoffice mail)
,<''O
N
_.o
)>
-~
C
-r
FIi
C
IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT ..
FIL:E'D
. 2001
_SEP
20 ,,A-11;
1(t)
~
STATE OF FLORIDA,
Plaintiff,
Case No.:
06-4016
HARO
LO,BAZZEL
CLERlff:;m:c:wr.
COURT
BAY:Q{fttf
Yr;f:t:ORIOA
'
'
'
'"'
vs.
HENRY DICKENS
CHARLES ENFINGER
06-40 l 6CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR
KRISTIN SCHMIDT
JOSEPH WALSH
06-4016CFMF
06-40I 6CFMG
06-40I 6CFMH
Defendant.
MOTION FOR DEFENDANTS' PROPOSED JURY INSTRUCTION ON THE

LESSER INCLUDED OFFENSE OF "CULPABLE NEGLIGENCE"
All Defendants jointly object to the Court's September 12th,2007 Order Granting
the State's Special Requested Jury Instruction which included the non-homicide lesser of
"neglect of a child". All Defendants jointly respectfully request that this Honorable
Court recognize the Defendants standing objection to the inclusion of this lesser included
offense. However, if the Court is determined to allow this lesser included offense, then
the Defense would respectfully request the following lesser included offense of "culpable
negligence":
The State's instruction on "neglect of a child", was cited by the State under
Section 827.03(3)(c) Florida Statute. There is no category one lesser to the offense of
"neglect of a child" under the standard jury instruction, however there is a category two
lesser of "culpable negligence" pursuant to Florida Statute 784.05(1 ). Based on the facts
of this case the misdemeanor offense of "culpable negligence" would be a proper
instruction as a lesser included offense to the charge of "neglect of a child" under Section
827.03(3)(c) Florida Statutes. Therefore, if a jury is to consider the elements required
under the "neglect of a child" instruction it would be proper to instruct the jury on the
lesser included offense of "culpable negligence".
"Culpable negligence" under Section 784.05(1) reads as follows:
"Whoever,through culpable negligence,exposes anotherperson to

personal injury, commitsa misdemeanorof the second degree"
Neither the "neglect of a child" instruction nor "culpable negligence" instruction
requires death of the victim as an element. The Florida Standard Jury Instructions on
"neglect of a child" is attached hereto as Exhibit "A" to show the category two lesser of
"culpable negligence" as a lesser to that charge. Exhibit "B" which is attached hereto is
Florida Standard Jury Instruction 8.9 for the misdemeanor offense of "culpable
negligence" pursuant to Section 784.05(1) Florida Statutes.
WHEREFORE the Defendant's jointly request this Court to include "culpable
negligence" as a lesser included offense to the crime charged by the State in light of the
Court's decision to allow "neglect of a child" as a lesser included offense.
3rdFloor., Tampa, Florida 33602, by facsimile this 28th day of August, 2007.

Post Office Box 430
(850) 769-5532
Page 2 of3
Page 1
West's F.S.A. Std.Crim.Jury Instr., 16.6
West's Florida $tatutes Annotated Currentness

Florida Standard Jury Instructions in Criminal Cases (Refs & Annos)
"Iii Part Two: Instructions on Crimes
"ii 16. Child Abuse
-+ 16.6. NEGLECT OF A CHILD
827.03(3)(c), Fla.Stat.
(Without Great Bodily Hann, Permanent Disability, or Permanent Disfigurement)

To prove the crime of neglect of a child, the state must prove the following three elements beyond a
reasonable doubt:
1. (Defendant)
Give as applicable
a. [willfully] [by culpable negligence] failed or omitted to provide (victim) with the care, supervision, and
services necessary to maintain (victim's) physical or mental health
b. failed to make a reasonable effort to protect (victim) from abuse, neglect, or exploitation by another
person.
2. (Defendant) was a caregiver for (victim).
3. (Victim) was under the age of 18 years.
Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or
reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of
death, to a child.
Definition:Give in all cases

"Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.
Definition: Give if applicable

I will now define what is meant by the term "culpable negligence": Each of us has a duty to act reasonably
toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is
negligence. But culpable negligence is more than a failure to use ordinary care for others. For negligence to
be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an
utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a
course of conduct that the defendant must have known, or reasonably should have known, was likely to
cause death or great bodily harm.
@
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
https://web2.westlaw .com/print/printstre
-HTMLE&fn= _top&mt=...
9/18/2007
Page 3 of3
Page2
Lesser Included Offenses
NEGLECTOF A CHILD--827.03(3)
CATEGORYONE
(c)
CATEGORYTWO
FLA. STAT.
INS. NO.
Culpable
784.05
8.9
None
negligence
COMMENT
2006 Main Volume
This instruction was adopted in June 2002.
West's F. S. A. Std. Crim. Jury Instr., 16.6, FL ST CR JURY INST 16.6
Current with amendments received through 7/12/07
2007 Thomson/West
END OF DOCUMENT
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
https://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn= _top&mt=...
9/18/2007
Page 2 of 3
Page I
West's Florida Statutes Annotated Currentness
Florida Standard Jury Instructions in Criminal Cases (Refs & Annos)
11W
Part Two: Instructions on Crimes
"ti 8. Assault and Battery
-+8.9. CULPABLE NEGLIGENCE
784.05, Fla.Stat.
To prove the crime of Culpable Negligence, the State must prove the following two elements beyond a
reasonable doubt:
1. (Defendant)
Give 1a or 1b as applicable
a. [exposed (victim) to personal injury].
b. [inflicted actual personal injury on (victim)].
2. [He] [She] did so through culpable negligence.
Give if 1a alleged
Actual injury is not required.
Definition
I will now define "culpable negligence" for you. Each of us has a duty to act reasonably toward others. If
there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But
culpable negligence is more than a failure to use ordinary care for others. In order for negligence to be
culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless
disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want
of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or
recklessness, or a grossly careless disregard for the safety and welfare of the public, or shows such an
indifference to the rights of others as is equivalent to an intentional violation of such rights.
Lesser Included Offenses
CULPABLENEGLIGENCE--784.05(2)
CATEGORYONE
CATEGORYTWO
FLA. STAT.
INS. NO.
C 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
https://web2.westlaw.com/print/printstream.as
LE&fn=_top&mt=...
9/18/2007
Page 3 of 3
Page2
culpable
negligence
784.05(1)
8.9
None
COMMENT
2006 Main Volume
This instruction was adopted in 1981 and amended in 1985.
West's F. S. A. Std. Crim. Jury Instr., 8.9, FL ST CR JURY INST 8.9
Current with amendments received through 7/12/07
2007 Thomson/West
END OF DOCUMENT
2007 Thomson/West. No Claim to Orig. U.$. Govt. Works.
https://web2. westlaw.com/print/printstrearn..aspx?sv=Split&prft= HTMLE&fn= _ top&mt=...
9/18/2007
IN THE CIRCUIT COURT, FOURTEENTHJUDICIAL CIRCUIT

OF THE STATE OF FLORIDA,IN AND FOR BAY COUNTY
STATE OF FLORIDA,
Plaintiff,
vs.
-m
r
Case No.: 06-4016CFMC
J>
-..
,,
.t:
MOTION FOR ORDER TO AUTHORIZINGDEFENSE ATTORNEYTO

RETAIN EXPERTFOR TRIAL
COMES NOW the undersigned counsel and files herein this Motion for an Order
Authorizing Defense Attorney to Retain Expert for Trial on behalf of the Defendant,
ounds will show;
1. This motion is filed pursuant to Section 26(B) of the Fourteenth Judicial Circuit
Indigent Services Committee Guidelines. The Guidelines require the Court to
pre-approve any requested expert witness fees which exceed a total of $1,500.00.
2. The State has disclosed eight expert witnesses to attempt to establish their case in
chief against of the defendants. In response to the State's expert witnesses, the
Defendants, collectively and individually, made the decision to contact and retain
Dr. E.R. Eichner, M.D. located out of the University of Oklahoma. In an attempt
to control expert costs, Assistant Public Defender Walter Smith through his office
has tried to provide the financial means to hire Dr. Eichner in preparation for trial.
The office of the Public Defender has had to divert funds from their own budget
to thus far pay for the services of Dr. Eichner. The office of the Public Defender
is at a point now where they are seeking assistance in paying for Dr. Eichner's
testimony at trial. All of the Defendants, collectively and individually are relying
on the testimony of Dr. Eichner at the trial in this case.
3. The other Defendants listed in this case do not have the financial means to pay for
costs of covering Dr. Eichner's testimony here in Bay County as they have
already allocated funds towards Dr. Eichner's transportation costs and lodging
while in Bay County. Defendant,
does hereby move this
Honorable Court for an Order Authorizing Payment to Dr. Eichner as an expert

witness for trial in this matter.
4. Dr. Eichner's estimated bill for the time spent here in Bay County for preparing
and testifying in Court is approximately 12 hours or $6,600.00 (email attached
hereto as Exhibit "A").
5. In order to provide the Defendant with a full and fair opportunity to present his
case, the authorization to retain Dr. Eichner as an expert for trial is critical to
achieve this. The Defendant has been declared indigent and would also
respectfully requests that the costs for such expert services shall be borne by the
State of Florida.
WHEREFORE, the Defendant respectfully requests this Honorable Court to enter

into an Order authorizing the undersigned attorney to retain Dr. Eichner as an expert for
trial in this matter.
I HEREBY CERTIFY that a copy of the foregoing Notice of Appearance has

3rdFloor., Tampa, Florida 33602, by regular U.S. mail this 19thday of September, 2007.
Respectfully Submitted,

Post Office Box 430
(850) 769-5532
Prows, Melodye
From:
E R Eichner [Reichner1@cox.net]
Sent:
Monday, September03, 2007 11:09AM
To:
Prows, Melodye
Subject: Eichnertrip
Metodye- You ask for info on my billing and hotel choice. Marriottat Bay Point sounds great, my first choice. If that is full, the
town Wingate is fine.
As for billing, I will be away from my "workstation"for about 2 1/2 days and miss my weekly athlete'sclinic, which is every
Wednesday.
Hmm...my houny rate is $550 and I don't up It for depos or court. I saved you> $1,000 by flying Economy. And I won't bill
anythingfor travel time (saves you more). You pay trip costs (airfare, taxis, hotel, meals).
Hours? I think fair to bill an 8-hour day for the 11th. And up to 4 hours prep time, re-readingparts of the file and expert
statementsand depos. (BTW, I have not seen my depo, to "read and sign" and fix typos, even though your NewsHeraldcited
it and Abbie Vansickleat SP Times called me about it last week - I didn't return her calls.)
So I will bill 12 hours (maybe slightly less}, or $6,600.
Thanks for your help, Melodye.
Sincerely,
Randy E.
ED
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRct;~

lUO-lSEP2 f A q:32
STATE OF FLORIDA,
H,\ROLOB,\ZZEI
Plaintiff,
CLERKOF CIRCUITCOUfU
BAY COUNT
y, FLORIDA
-v-
Case#: 06-4016-CF
06-4016-CFMA
06-4016-CFMB
RAYMOND HAUCK,
06-4016-CFMD

KRISTIN SCHMIDT,
JOSEPH WALSH, II,
Defendant( s).
06-4016-CFMF
06-4016-CFMG
06-4016-CFMH
DEFENDANT'S MOTION REGARDING

MULTIPLE DEFENDANT'S BEING CHARGED
IN A SINGLE INFORMATION
COMES NOW the defendants in the above-styled matter, and files this requested jury
instruction regarding multiple defendants/single information, and requests the following
instruction:
"The defendants have been tried together; however, you must
consider each defendant and the evidence applicable [to each
defendant] separately. You may find any [defendant] guilty
or not guilty. However, your verdict as to one defendant
must not affect your verdict as to the others."
Authority: Florida Standard Jury Instructions in Criminal Cases, 3. l 2(b ), eff. 9/28/2006.
I hereby certify that a true copy was furnished to the following by fax/U. S. mail, this
20thday of September, 2007.
Hoot Crawford, Esq.
748 Jenks Ave.
Ashley Benedik, Esq.

1004 Jenks Ave.
Walter Smith, Esq.

115 E. 4th Street
Robert Pell, Esq.

514 Magnolia Ave.
Robert Sombathy, Esq.

P. 0. Box430
James White, Esq.

229 McKenzie Ave.
Waylon Graham, Esq.

P. 0. Box 327
Michael Sinacore, Esq.

5thFloor Courthouse Annex
Tampa, FL 33602
Attorney for Defendant McFadden
3.12
JURY INSTRUCTIONS
J-30
Comment
This verdict form was adopted in 1981 and was amended in October 1981 and December 1995.
3.12(a).
SINGLE DEFENDANT, MULTIPLE COUNTS OR INFORMATIONS
A separate crime is charged in each [count of the information] [indictment] [information] and, although
they have been tried together, each crime and the evidence applicable to it must be considered separately and a
separate verdict returned as to each. A finding of guilty or not guilty as to one crime must not affect your verdict
as to the other crime(s) charged.
Comment
This instruction was adopted in 1981.

3.12(b).
SINGLE COUNT, MULTIPLE DEFENDANTS
The defendants have been tried together; however, you must consider each defendant and the evidence
applicable to [him] [her] separately. You may find [one] [any] [or] [both] guilty or not guilty. However, your
verdict as to one defendant must not affect your verdict as to the other(s).
Comment

3.12(c). MULTIPLE COUNTS OR INFORMATIONS, MULTIPLE DEFENDANTS
A separate crime is charged against each defendant in each [count of the information] [information!
[indictment]. The defendants have been tried together; however, the charges against each defendant and th,
evidence applicable to [him] [her] must be considered separately. A finding of guilty or not guilty as to [onel
[both] [or] [some] of the defendants must not affect your verdict as to any other defendant(s) or other crimH
charged.
Comment

3.13. SUBMITTING CASE TO JURY
In just a few moments you will be taken to the jury room by the bailiff. The first thing you should do I
elect a foreperson who will preside over your deliberations, like a chairperson of a meeting. It is the forepenm11'
job to sign and date the verdict form when all of you have agreed on a verdict in this case and to bring the vercllft
back to the courtroom when you return.
Your verdict finding the defendant either guilty or not guilty must be unanimous.
verdict of each juror, as well as of the jury as a whole.
In closing, let me remind you that it is important that you follow the law spelled out in these instruction It
deciding your verdict. There are no other laws that apply to this case. Even if you do not like the laws that mutt
F 1LED

2001
SEP21 A 11:IJ8
ST A TE OF FLORIDA,
HAROLD
BAZZEL
Plaintiff,
Case No.:
06-4016
CLERK.ClgG4HCOURT
BAY
,G.otJ~tr.YrftP~
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR
KRISTIN SCHMIDT
JOSEPH WALSH
06-4016CFMF
06-4016CFMG
06-4016CFMH
Defendant.
ORDER GRANTING DEFENDANTS' MOTION FOR THE JURY

INSTRUCTION ON THE LESSER CHARGE OF "CULPABLE NEGLIGENCE"
This Court being fully advised and having reviewed the Defendants' Motion and
the heard the State's response does hereby GRANT the Defendants' motion for a
standing and continuing objection to the Court's prior ruling allowing the State's
requested instruction on the lesser charge of "neglect of a child". The Court
acknowledges that the Defense request for the lesser charge of "culpable negligence"
does not waive the Defendants' objection to the Court's inclusion of any non-homicide
lesser.
It is hereby ORDERED and ADJUDGED that pursuant to the Defendant's

standing objection to non-homicide lesser included offenses, the Court nevertheless
GRANTS the Defendants' motion to include the second degree misdemeanor charge of
"culpable negligence" as a lesser charge in this case.
DONE AND ORDERED at the Bay County Courthouse, Panama City, Florida,
this
_l/_ day of September,
2007.
--------HONORABLE MICHAEL OVERSTREET

CIRCUIT JUDGE

Honorable Michael Sinacore, Assistant State Attorney
Robert S. Sombathy, Attorney for Patrick Garrett
James H. White, Attorney for Raymond Hauck
Jonathan Dingus, Attorney for Henry McFadden, Jr.

Robert Pell, Attorney for Joseph Walsh
Ashley Benedict, Attorney for Kristen Schmidt
Hoot Crawford, Attorney for Henry Dickens
Walter Smith, Attorney for Charles Enfinger
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUITF
IL ED
2001
SEP21 A 11:l48
'
'
STATE OF FLORIDA,
HAROLD
BAZZEL
CiOURT
CLERKC.IR~,UIT
BAYCOUNTi,Y/f4jQW
Plaintiff,
v.
Case Nos.:
HENRY DICKENS,
CHARLES ENFINGER,
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK,
06-4016CFMD

KRISTIN SCHMIDT,
JOSEPH WALSH II,
'I
06-4016CFMG
06-4016CFMH
Defendants.
TRIAL MANAGEMENT ORDER
A prejudicial exhibition of emotion may deprive a defendant of a fair trial. Buckner v. State,
714 So.2d 384 (Fla. 1998). It is the duty of this Court to protect the due process rights of the
Defendants in this case under the Sixth and Fourteenth Amendments to the U.S. Constitution, and
to protect the right of the people of the State of Florida to a trial by a panel of impartial, indifferent
jurors whose verdict is based solely upon the evidence developed at the trial. It is the further duty
of the Court to safeguard against the intrusion of factors into the trial process tending to subvert
this purpose. See Woods v. Dugger, 923 F.2d 1454 (U.S. 11thCir. 1991) (citing/rvin v. Dowd, 366
U.S. 717 (1961) and Estes v. Texas, 381 U.S. 532 (1965) (Warren, CJ., concurring)). To that end,
It is hereby ORDERED AND ADJUDGED:
(1)
That no one in the courtroom shall wear any shirts, buttons, ribbons, or other
attire reflecting a bias for or against either the State, the victim, the Defendants
in this case, or law enforcement in general. E.g., Bell v. State, --- So.2d ----, 32
Fla. L. Weekly S307 (Fla. June 7, 2007) (upholding a defendant's conviction
where a spectator wore at-shirt with the victim's photograph on it during the
voir dire proceeding only because the prospective jurors said that they did not
know who the person in the photograph was and that having seen it briefly
would not affect their verdict); (Pozo v. State, --- So.2d ----, 32 Fla. L. Weekly
D1985 (Fla. 4thDCA Aug. 8, 2007) (in a case of vehicular homicide where the
victim was the daughter of a law enforcement officer, the Court remanded for
inquiry of jurors as to whether the presence of many uniformed law enforcement
officers in the gallery, in violation of a pretrial order precluding spectators from

wearing buttons or t-shirts reflecting a bias for or against the state or the victim,
may have influenced their verdict); and
(2)
That all attorneys in the case are subject to the same restrictions as the general
public, and shall not wear any attire outlined above; nor shall they wear any
attire advertising their businesses or profession. See Sandstrom v. State, 309
So.2d 17 (Fla. 4thDCA 1975) (holding that the judicial branch has the inherent
power to regulate the professional conduct of all lawyers, and that a trial judge
has the authority to impose dress requirements upon lawyers appearing before
him/her in judicial proceedings).
This order applies both to the jury selection proceeding and to the trial itself.
DONE AND ORDERED m Panama City, Bay County, Florida, this 21st day of
September 2007.
~=
'-------~--;;;;:a,,-=---o:::::....;;
HONORABLE MICHAEL C. OVERSTREET,
CIRCUIT JUDGE
Service List:
Ashley S. Benedik
Attorney At Law
1004 Jenks Avenue
Hoot Crawford
Attorney at Law
P.O. Box 1103
Jonathan Dingus
Attorney at Law
527 Jenks Avenue
Waylon Graham
Attorney at Law
P.O. Box 327
Robert A. Pell
Attorney at Law
514 Magnolia Avenue
Robert S. Sombathy
Attorney at Law
434 Magnolia Avenue
Walter Smith
P.O. Box 580
James H. White, Jr.
Attorney at Law
229 McKenzie Avenue
Michael C. Sinacore
800 East Kennedy Blvd., 3rd Floor
Tampa, FL 33602-4148

STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
STATE'S AMENDMENTS TO TRIAL WITNESS LIST

THE STATE OF FLORIDA, hereby provides the following amendments to the
State's Trial Witness List submitted on July 6, 2007:
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o::,::::o
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Additional Witnesses:
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Bethany Harris
3421 N. Hwy. 77
'c;:iC":>'N
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Removed Witnesses:
Steve Martin
8513 Adirondack Trail
Austin, Texas 78759
Dr. Martin Steinberg
Center of Excellence in Sickle Cell Disease
Boston Medical Center
88 E. Newton Street
Boston, MA 02118
:)>
rr-1
Becky Johns
Records Custodian
3421 N. Hwy. 77
Ingrid Dieudonne
Records Custodian
Bay Medical Center
Allison Turner
Records Custodian
5151 N. 9thAvenue
Pensacola, FL 32504
Lt. Karen De Marchi
Stuart, FL 34994
COC">
~~:I:
c., ::0 >"'
o~:::O
-,
-;:oc,
c:no
_,,..
..
Capt. Lloyd Jones

Stuart, FL 34994
-("')
:<~cti
_,,~J:>
.,--N
Anthony Schembri
562 San Remo Circle
Inverness, FL 34450
V')
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Lt. Michael Allen

Polk County Sheriff's Office
Bartow, FL 33830
g__.
o("').N
. Gl"'I
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Lt. Kimberly Klein

Pinellas County Sheriff's Office
14400 49th Street N
Clearwater, FL 33762
- ,,
-
rn
c,;
Richard Kline
Knight Building
Beth Carr
505 East 11thStreet
Brian Berkowitz
Knight Building
Sgt. Robert Bowden
Manatee County Sheriff's Office
14490 Harlee Road
Palmetto, FL 34221
Gloria Porter
State Attorney's Office
Tampa, FL 33602
CX,(")
l>
-<fTl::C
(j:::o~
o::,;:::o
cc,O
David Hathaway
P.O. Box 240011
Christopher Hood
P.O. Box 240011
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rn
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;::::.~N.)::! . CD',;oON:::o'2TTI ,R..J
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--
(..Qii
Note: The removal of some witnesses previously listed is based in whole or part on the
stipulations agreed upon by the State and Defense, including stipulations of specific
facts, stipulations of admissibility of exhibits, and the stipulation that all materials
provided in discovery by either the State or Defense is authentic and does not need to be
authenticated at trial. The State of Florida reserves the right not to call any witness listed,
the right to produce testimony from any additional witnesses provided in the discovery
filed by the State in this cause, and the right to call witnesses not listed on the State's
Trial Witness List as needed in rebuttal.
OJ("')
~~:x:
c,::::0-P.
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I HEREBY CERTIFY that a copy of the foregoing has been furniiffl> Ho~.
-C:r:-'
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....
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Crawford, attorney for Henry Dickens, at 748 Jenks A venue, P .0. Box 1l~Pananffl'"
Sombathy, attorney for Patrick Garrett, at P.O. Box 430, Panama City, Florida 32402;
Florida 32401, via hand delivery, on this 24th day of September, 2007.
MARKA.OBER
STATE ATTORNEY
M' aelC.~
ssistant State Attorney
'
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DATE
CIRCUIT COURT MINUTES
Cf(-24/
07
M C~[l._Q_ I
PRESIDING JUDGE
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COURT REPORTER PRESENT~~--'=-.,_'--'-=-~~~~~~~~~~~~~~

STATE OF FLORIDA
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BAYCOUNTY,
FLORIDA
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St,.tP.Attorney: MAfit.f% OBF.R

State Of_Florio,, vs SCH/t\Jl)T
ANNF:
7 KRIS1Ji'(
Oefenrlantin Custody?YES[ ] Nf.lfv1
***********
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Division : GO
DefenseAttorney: BENEDR
ASHLEY
STONE
Date: 09/24/W07
ll*********************H*******************************
CASE:
NO: 06004016f'..FM6
CHARGE
- S:001:
AfH<AVATEO
NAHSLAUG!ffER
D;-A CHILD
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0301108827FilEI)
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---
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--HOO~--------- -------------------
CiS'.ANTf:.D
[ J [ J [ J DENIED
t J C J [ J CONT[ J [ J [ J
-----------------
D&tNDtiNT
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TO
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TOREPORT
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& PAROLE
!JPON
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-----
W'r!ITE
- CLERr.:
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PROilfi
TION
PINt::- CCA
BLUE"
BCJA

STATE OF FLORIDA
FI L Et>
06-4016CF H,A;f?O_LO
BAZZEL
CL;.E;ij~c.GtRQU
ffGOURT
CASE NO.:
ftAY;,CVlJ.hHY.
FLORIDA
vs.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-40 l 6CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
JOINT STIPULATIONSREGARDINGEVIDENCE
0:,C'")
l>
c:>;J:: ::U;
-0
The State of Florida and Henry Dickens, Charles Enfinger, Patrick G~~Raymond Hauck, Charles Helms, Jr., Henry McFadden, Jr., Kristin Schmidt~~~~
~c:0,-(_::.
~~~~- - -0
Walsh II, stipulate to the following:
oc->N,_
:;:o O
1.
l'T.11
c
All evidence provided in discovery is authentic. In order to be admisst@~
recordings or other tangible evidence provided in discovery.

The following evidence is to be admitted at trial pursuant to joint stipulation of
the State and the Defendants:
A.
Photographs from the Bay Boot Camp.
B.
Bay Medical Center Records

1.
2.
3.
4.
5.
Ambulance run report

X-Ray with time stamp
Emergency Department Report -Nurses Notes
Blood Gas Analysis Report, 10: 17
I'
tri~
it is unnecessary for the State or the Defense to authenticate any documents,
2.
.,,
-r
m
0
6.
7.
8.
9.
10.
C.
Use of Force Policies and Documents

1.
2.
3.
4.
5.
6.
D.
Emergency Department Triage Report

Medication and IV Orders Report
Emergency Department Report by Jeffrey Appel, MD
Addendum by Jeffrey Appel, MD
Toxicology Report
Bay County Sheriff's Office Use of Force Policy

Bay County Sheriff's Office Boot Camp Division Behavioral
Management Matrix.
Bay County Sheriff's Office use of Force Continuum.
Criminal Justice Standards and Training Commission Defensive
Tactics Curriculum - June 2002.
Letter from Charles Chervanik dated January 23, 2003.
Memorandum from DJJ Secretary Schembri dated June 21, 2004.
Department of Juvenile Justice 911 Policy Poster.
The undersigned counsel for the State of Florida and counsel for defendants
Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck, Charles Helms, /.L,
CX) C"')
c:::,
);;><1
Henry McFadden, Jr., Kristin Schmidt and Joseph Walsh II, have agreed u~jd
v,
c:::t~;;:o
=~
3;o:;
entered into the foregoing stipulations.
--<;gQ:1:
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I
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od,-,,
:::OC:,
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Hoot Crawford
Attorney for Henry Dickens
WlliiATJ.W
Walter B. Smith
Attorney for Charles Enfinger
11
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Robert Sombathy
Attorney for Patrick Garrett
~~(Yv
Attorney for Raymond Hauck
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Robert Pell,
Attorney for Jose
Stipulations entered and filed with the court in Bay County, Florida, on this
d~y
of September, 2007.
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STATE OF FLORIDA
CASE NO.:
06-4016CF
vs.
HAROLD
BAZZEL
CLERK~!RCtJ.!lCOURT
BAY
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T_V;
FLOR1DA
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
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06-4016CFMG
06-4016CFMH
JOINT STIPULATION OF FACTS

The State of Florida and Henry Dickens, Charles Enfinger, Patricd66arrett, ~ .
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Raymond Hauck, Charles Helms, Jr., Henry McFadden, Jr., Kristin Sch@~aiid J~ph
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Walsh II, stipulate to the following:
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1.
Henry McFadden, Jr., is also known as Ray McFadden, Jr.
2.
Joseph Walsh II is also known as Joe Walsh.
3.
Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck-
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Henry McFadden, Jr., Kristin Schmidt and Joseph Walsh II, were
caregivers for Martin Lee Anderson.

4.
The Bay Boot Camp was a juvenile commitment program for the Department of
Juvenile Justice. The Bay County Sheriffs Office contracted with the
Department of Juvenile Justice to provide the Bay Boot Camp as a commitment
program for the Department of Juvenile Justice. The Bay Boot Camp was staffed
and operated by the Bay County Sheriffs Office.
5.
The defendants were employees of the Bay County Sheriffs Office and worked at
the Bay Boot Camp.
6.
Martin Lee Anderson was committed to the custody of the Department of Juvenile
Justice on November 3, 2005.
7.
The Department of Juvenile Justice placed Martin Lee Anderson in the Bay Boot
Camp. Martin Lee Anderson began the Bay Boot Camp program on January 5,
2006.
8.
The defendants did not know that Martin Lee Anderson had sickle cell trait.
The undersigned counsel for the State of Florida and counsel for defendants
Henry Dickens, Charles Enfinger, Patrick Garrett, Raymond Hauck, Ch~
Helmdr.,
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Henry McFadden, Jr., Kristin Schmidt and Joseph Walsh II, have agreed~~d
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entered into the foregoing stipulations.
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Hoot Crawford
Attorney for Henry Dickens
Walter B. Smith
Attorney for Charles Enfinger
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Robert Sombathy
Attorney for Patrick Garrett
es H. White, r.
Attorney for Raymond
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Stipulations entered and filed with the court in Bay County, Florida, on this
J.)1;yof September, 2007.

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FILED
LOD1
.SEP
21
STATE OF FLORIDA
vs
HENRY DICKENS
--
06-4016CFMA
RAYMONDHAUCK
H/\ROUJG,'\ZZf1
CLERKOF CIRCUIr cbufn
BAYCOUNTY.Fi OfWM
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
NOTICE OF HEARING
The
2007,
at
Motion
State
9:00
for
a.m.,
Florida
or
Rehearing
as
will
OVERSTREET a judge
County
of
of
Courthouse,
in
Please
soon
be
the
gives
thereafter
called
govern
has
748 Jenks
Deputy
P.O.
Avenue,
Public
chambers,
yourself
P.O.
Panama
Garrett,
attorney
furnished
at
for
to
attorney
City,
counsel
the
in
in
on the
and
Panama
2nd
may
day
be
of
October,
heard,
State's
HONORABLE JUDGE MICHAEL C.

for
Bay County,
Florida,
City,
Florida.
the
foregoing
Notice
for
Dickens,
a copy
Crawford,
Panama
for
Florida
of
attorney
City,
Charles
Florida
P.O.
Box 430,
Panama
Raymond
Hauck,
Florida
32402-0327;
at
32402;
Enfinger,
32402-0580;
City,
229 McKenzie
Henry
at
115 East
Robert
Sombathy,
Florida
32402;
Avenue,
Walter
of
at
B. Smith,
4th Street,
attorney
James
Panama
for
H. White,
City,
Florida
32401;
327,
Panama
McFadden,
Jr.,
City,
at
527
Jenks
Bay
accordingly.
Hoot
Box 1103,
Defender,
Box 580,
Patrick
Jr.,
been
as
Court,

Hearing
that
up before
Circuit
Judge's
notice
Avenue,
Jonathan
Panama
City,
Dingus,
Florida
attorney
32401;
for
p 2: 58
Henry
Ashley
--------~---"-~---
Benedik,
attorney
Florida
32401;
Avenue,
P.O.
September,
for
and
Kristin
Robert
Box 651,
Pell,
Panama
Schmidt,
at
attorney
City,
Florida
1004
for
Jenks
Joseph
32401,
Avenue,
Walsh
on this
Panama
II,
2)
at
514 Magnolia
day
2007.
Respectfully
submitted,
MARK A, OBER
c;::2-
SCOTT HARMON
FLORIDA BAR NO. 933775
SH/als
City,
of

F'LED
2uu1
SEP21 p 2: sci
STATE OF FLORIDA
CASE NO.:
06-4016CF
f1AROl.n8,\ZZ[l
CLERKOF C/RCU/J t~OUH
r
BAY COUNTY.FLOi~/DA
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMONDHAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
MOTION FOR REHEARING ON THE STATE'S

FOURTHMOTION FOR ORDER IN LIMINE
COMESNOW, THE STATE OF FLORIDA, by and through

State
Attorney
Motion
1.
for
and brings
Order
this
in Limine
The State
of Florida
the
State
Court
Court
and defense
denied
the
2.
wants
issue
3.
The clear
still
civil
issue
constitutes
was held
on this
on August
with
as it
(See pages
now asks
lawsuit
filed
in this
motion
bias
evidence
pertains
56 through
for
Fourth
For Order
motion
30, 2007.
a caveat.
The caveat
from the defense
statements
of Florida
of the
Motion
transcript.)
State's
Assistant
as follows:
Fourth
motion
undersigned
on the
states
motions
a proffer
by Gina Jones.
The State
rehearing
its
State's
attached
to say in opening
filed
filed
and a hearing
and 59 of the
the
for
and in furtherance
(See attached)
other
motion
the
rehearing
In Limine
as well
At the
as
hearing
(See pages
appears
to be that
as to what they
to the
civil
56
intend
lawsuit
58).
on this
motion
and the
by Ms. Jones.
is whether
that
a settled
civil
can be used to impeach
lawsuit
Ms.
1
Jones.
The Court
lawsuit
would
Jones.
55,
4.
(See
line
appeal.
(page
53,
56,
potential
evidence
would
no longer
longer
discretion
of
disturbed
(See
v.
allow
524
403
goes
Also,
stated
to
the
564.)
to
interest,
trial
an abuse
of
(Fla.
interest
a 90.403
balancing
the
on
and
of
would
months
just
this
as
on the
ago
to
a clear
abuse
of
largely
in
discretion.
Torres-Arboleda
v.
v.
Fonseca,
speaking
2007
199 So.358
on this
question
within
the
Edition,
matter
the
be
Hahn v.
a particular
on this
no
5th DCA 1998),
Pandula
lies
is
be untruthful.
not
(Fla.
the
Ms. Jones
There
testimony
the
the
and
clearly,
case.
W. Ehrhardt,
standard
of
outcome
the
will
Evidence,
of
in
decision
and
type
outcome
its
of
decision
the
rests
whether
or bias
in
show bias
752
Charles
by this
to
or prejudice
discretion
of
denying
Ms. Jones
her
and
1988)
decision
Court's
Evidence
in
page
pending
4th DCA 1993),
(Florida
the
in
absence
(Fla.
bias,
judge".
Thus,
the
Professor
"the
of Ms.
was still
Thus,
204 So.2d
State,
part
be reversed
was settled
for
court
in
1056
issue
lawsuit
interest
trial
626 So.2d
that
witness
interest
questioning
State,
So.2d
the
lawsuit
motivation
the
a settled
25 through
be demonstrated
dispersed.
State,
(1940).
the
civil
on appeal
Nelson
of
a financial
to
could
case
whether
on the
lines
the
interest
a financial
The decision
54,
concern
could
have
improper
of bias
page
that
if
the
to
1-4).
settlement
has
any
lines
as
expressed
area
clearly,
However,
upon
evidence
then
bias
arguably
own concern
12-18,
this
be the
Here,
agreed
lines
into
The only
its
constitute
The Court
inquiry
trial.
6.
page
defense
could
5.
still
2).
trial.
expressed
properly
discretion
pages
would
of
563 and
be subject
on review.
part
be inadmissible
of
a witness
if
its
is
subject
to
prejudicial
2
impact
to
a party
Rodriguez
v.
So.2d
(Fla.
741
1998).
or
witness
State,
outweighed
753 So.2d
2002),
The Florida
Nelson
Supreme
its
29
(Fla.2000),
v.
State,
Court
probative
value.
Dennis
v.
704 So.2d
speaking
State,
752
on this
817
(Fla.
issue
5th DCA
stated
as
follows:
"Evidence
of bias
prejudices
the
misleads
the
collateral
the
may be inadmissible
trier
of
trier
of
matters,
ends
unjust
of
to
against
fact.
if
justice,
the
fact
it
the
matters
should
not
unfairly
witness
Therefore,
such
witness
if
inquiry
will
into
not
promote
be permitted
and uncalled
or
for
if
it
is
by the
circumstances."
Breedlove
405 analysis
existent
to
v.
Singletary,
this
case
probative
outweighed
confusion
of
potential
pandora's
jury
would
concerns
it
value
by the
the
is
of
issues.
box
clear
this
tremendous
and misled
the
Does
slight
is
State
a civil
to
and
the
non-
potential
to
lawsuit
see
for
the
would
open.
and
could
develop
case
has
been
does
that
evidence
greatly
much imagination
by this
case
that
victim's
they
Under
arguably
the
of
we here
defendant's
should
to
When applying
The
as:
If
they
1992).
evidence
take
evidence
Why are
Clearly,
the
collateral
doesn't
that
8 (Fla.
that
prejudice
It
be distracted
such
595 So.2d
could
be
become
if
this
was settled
conceded
mean the
their
settled?
mean
the
guilt?
defendant's
have
paid
the
this
case
and
family?
confused
as to
the
issues
in
how
resolved.
a 90.405
analysis
this
evidence
should
be excluded
from
this
3
trial.
7.
When assessing
evidence
whether
the
subject
considered.
medical
growing
up and
testify
that
sports,
and
see,
her
pin
of
the
or other
embellishment
or
subjective
very
prejudicial
use
this
the
is
fact
that
that
their
Smith,
Deputy
facts
while
relevant
and
or to
any defense
Her testimony
not
of
type
Thus,
the
and potentially
of
defense
the
still
and
she
is
does
not
hold
that
to
need
substance
wants
argument
for
admissibility
argument
the
State
of
Motion
for
to
this
is
the
the
defense
evidence
of her
use
not
to
the
confusing
not
substance
subject
for
is
the
is
Court
basic
important,
Additionally,
the
spin.
and
will
organized
As the
or a witness
evidence.
Martin
she
including
objective
be
boy while
Also,
very
In light
the
sports,
witness
is
non-existent.
in
to
healthy
problem.
this
should
testify
when he was born.
case.
critical
will
health
allowing
testimony
jury
an identification
is
testimony
evidence
based
it
on pretext
disingenuous.
Based
on the
Court
grant
above
the
State's
748 Jenks
case
testimony
and
at
covers
of Ms. Jones'
appears
by
the
State's
confession
and
furnished
tell
State's
of
low to
8.
the
importance
to
any major
Her testimony,
to
1inch
will
for
he was a normal
participated
testimony
information.
critical
victim
Jones'
Ms. Jones
that
had
need
of Ms. Gina
history,
the
a critical
speaking,
never
she
is
matter
Generally
Anderson's
can
there
personal
Avenue,
Public
a copy
service
P.O.
to
Box 1103,
Defender,
Fourth
of
Hoot
the
foregoing
Crawford,
Panama
attorney
for
City,
Charles
Florida
asks
that
Order
in
Limine.
Motion
in
Limine
attorney
for
Florida
32402;
Enfinger,
Henry
this
has
Dickens,
Walter
at
been
B.
115 East
4th
Street,
P.O.
attorney
James
Post
attorney
City,
Office
for
32401;
Ashley
Panama
City,
514 Magnolia
this
Patrick
H. White,
Panama
at
for
Box 580,
:2'7day
Jr.,
Florida
Panama
Garrett,
at
attorney
for
Panama
McFadden,
Benedik,
P.O.
32402-0580;
Box 430,
Raymond
City,
Jr.,
attorney
Florida
32401;
Avenue,
P.O._Box
of
Florida
Robert
Panama
Hauck,
at
City,
Sombathy,
Florida
229 McKenzie
32402;
Avenue,
32401;
Box 327,
Henry
City,
September,
at
for
and
Florida
527 Jenks
Kristin
Robert
651,
32402-0327;
Panama
Avenue,
Schmidt,
Pell,
Jonathan
attorney
City,
Florida
Panama
at
1004
for
Dingus,
City,
Jenks
Joseph
32401,
Florida
Avenue,
Walsh
II,
at
on
2007.
Respectfully
submitted,
SCOTT HARMON
FLORIDA BAR #933775
SH/als
--
,--~-------
PAOVIOEDTO
SANTA flOSA
C.I.
SEP2 7 2,01fj.
MAILING~
-\11,.
1
-=n\l==\
,JIBIhiill-
'l:="'
PROVIDEDTO
SANTAROSAC.t.
SEP2 7~2007
FOfllMAILINS
INMA N1W.I

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
1.
Video
A.
B.
C.
D.
of incident 1/5/06 at Bay Boot Camp.

DVD - copy of original videotape
DVD - enhanced by NASA, with digital clock
DVD - segment zoomed and enhanced
DVD- zoomed segments, slowed to half speed
2.
Still images from Exhibit lC (with identification labels)

A.
5:46:08
B.
6:04:15
C.
6:41:27
D.
16:00:00
E.
16:02:05
F.
16:54:26
G.
22:03:02
H.
22:38:09
I.
24:19:01
J.
24:56:08
K.
25:30:24
L.
27:24:17
3.
Portions of Control Room Log for 1/5/06
4.
Statements by Henry Dickens

A.
B.
FDLE interview, 1/5/06 (CD)
5.
Statements by Charles Enfinger

A.
B.
C.
HCSO interview, 11/28/06 (CD)
6.
Statements by Patrick Garrett

A.
PAR Report, 1/5/06
B.
7.
Statements by Raymond Hauck

A.
B.
9.
FDLE interview of Henry McFadden, Jr., 1/5/06 (CD)
10.
Statements by Kristin Schmidt

A.
Medical Department Progress Notes, 1/5/06
B.
C.
D.
11.
Statements by Joseph Walsh II

A.
PAR Report, 1/5/06
B.
C.
D.
12.
Photographs of Defendants
A.
B.
C.
D.
E.
F.
G.
H.
13.
Henry Dickens
Charles Enfinger
Patrick Garrett
Raymond Hauck
Charles Helms, Jr.
Henry McFadden, Jr.
Kristin Schmidt
Joseph Walsh II
First Autopsy Photographs

(13A through 13D)
14.
BCSO Boot Camp Program Manual

ST ATE OF FLORIDA,
Plaintiff,
Case No.:
06-4016
vs.
HENRY DICKENS
R
Y MCFADDEN, JR
KRISTIN SCHMIDT
JOSEPH WALSH
,_,
=
__,
=
06-4016~~
06-4016CFMirl
;~~
o-'N
:;-..:;O~
Defendant.
-n
>.J
-r
)>
CJ
c::>
("")
-I
'-'
::> :::0
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a
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1.
Booking photograph of Martin Lee Anderson.
2.
Documentation of State Test Results that Martin Lee Anderson tested

positive for sickle cell trait as a baby dated 1-30-1991.
3.
Discharge Teaching Checklist dated 1-17-91.
4.
Department of Juvenile Justice Comprehensive Evaluation conducted by

Michele Giroux on 10-20-05.
5.
AirHeart Medical Transfer Record signed by C. Jeter on 1-06-06.
6.
April 20th, 2007 Memorandum for Bay County Sheriffs Office with all
attachments totaling 155 numbered pages.
7.
Emails between Dr. Thogmartin and Vern Adams regarding the second
autopsy; with attachments.
8.
Emails between Dr. Siebert and Dr. Adams regarding the second autopsy.
9.
Letter from Dr. Jerry D. Spencer to FDLE dated July 16, 2007.
rn
10.
Death Certificate signed by Dr. Siebert.
The Defense reserves the right to seek admission into evidence of any additional
exhibits needed for our defense and/or impeachment of any State witnesses. The Defense
reserves the right to seek admission into evidence of any and all reports, documentation
or items relied upon by any expert witness in forming their opinion.
3rd Floor., Tampa, Florida 33602, by facsimile this 2nd day of October, 2007.

Post Office Box 430
(850) 769-5532

CASE NO.:
STATE OF FLORIDA
06-4016CF
V.
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
>
~,
06-4016CFMG
06-4016CFMH
JOINT EXHIBIT LIST
1.
Joint Stipulation of Facts
2.
3.

(3A through 3Z)
4.

A.
B.
Copy of X-Ray with time stamp
C.
Emergency Department Report-Nurses Notes
D.
E.
F.
G.
Medication and IV Orders form
H.
I.
J.
Toxicology Report
5.
Ammonia Capsules
A.
Ammonia Box
B.
Photographs of Box
6.
7.
8.
9.
10.
11.
12.

A.
B.
C.
D.
13.
DJJ 911 Policy
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........ _______
.......... ________ ..._______________
..___,...............
____
------- --------""'
.....

STATE OF FLORIDA
CASE NO.:
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
06-4016CFMF
06-4016CFMG
06-4016CFMH

Wednesday, October 3
Antonio Jones
Bobby Hall
Anita Segers
Dr. Jeffrey4 Apple
Cassie Elliott
Mindy Keifer
Charles Keene
Steve Lewis
Matt Herring~
Bethany Harris
Pll!D
l0-2-\017
DATE
q.-oo
A? -
TIME
HAROLD
BAZZEL
CLERK
OFCl~
BY~~~[;J..]~.l_,~~~~~~;;:').....,._.......,.

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
STATE'S WITNESSLIST
Thursday, October 4
Dr. Jason Foland

Dr. Thomas Andrew
Dr. Samir Ebid
Dr. Nikolaus Gravenstein
Richard Koester
Richard Hall
FILED
DATE
Io-~-O'J
r1ME
HAROLD
BAZZEL
BY
q_oo
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((J/JvJJ:;.~K
~COURT

STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
Friday, October 5
Dr. Jennifer Jenkins

Dr. Vemard Adams
Dr. Bryan Bledsoe
Terrence Winters
Paul Green
Gina Jones
FILED
DATE
_..1./~()'-/:;,;c2;......;-Q~].J....._TIME

CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
- ...
Monday, October 8
Dr. John Downs

Steven Adamcyk
Timothy Petrucci
Andy Anderson
Dr. Shairi Turner
DATE
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STATE OF FLORIDA
CASE NO.:
06-4016CF
V.
HENRY DICKENS
CHARLES ENFINGER
06-4016CFMA
06-4016CFMB
RAYMOND HAUCK
06-4016CFMD
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
06-4016CFMF
06-4016CFMG
06-4016CFMH
r+rner,r/-td
JOINT EXHIBITLIST
1.
Joint Stipulation of Facts
2.
3.

(3A through 3Z)
4.

A.
B.
Copy of X-Ray with tiine stamp
C.
Emergency Department Report - Nurses Notes
D.
E.
F.
G.
Medication and IV Orders form
H.
I.
J.
Toxicology Report
5.
Ammonia Capsules
A.
Ammonia Box
B.
Photographs of Box
6.
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D.
- E.
Letter from Charles Chervanik, January 23, 2003
. F.
Memo from Secretary Schembri, June 21, 2004
DJJ 911 Policy
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CASE NO.:
06-4016CF
. NRY DICKENS
ARLES ENFINGER
YMONDHAUCK
06-40 l 6CFMA
06-40 l 6CFMB
06-4016CFMC
06-40 l 6CFMD
ISTIN SCHMIDT
SEPH WALSH II
06-40 l 6CFMF
06-4016CFMG
06-40 l 6CFMH
['
VERDICT FORM
to defendant Henry Dickens, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
c.
The defendant is guilty of Neglect of a Child.
__
D.
The defendant is guilty of Culpable Negligence.
LE.
to defendant Charles Enfinger, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
c.
__
D.
__,/ E.
o_,
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DATE
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66
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As to defendan
, we, the jury, find as follows: (check only one)
__
A.
I
I
j

__
B.
__
c.
__
D.
E.
__
to defendant Raymond Hauck, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
c.
__
D.
E.
I
t
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I
!
__
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t
to defendant
__
, we, the jury, find as follows: (check only one)
A.

__
B.
__ c.
__
D.
_LE.
I
I
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67
As to defendan
__
A.

__
B.
__
C.
__
D.
~E.
to defendant Kristin Schmidt, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
C.
__
D.
~E.
,,
'.
I
68
to defendant Joseph Walsh II, we, the jury, find as follows: (check only one)
__
A.

__
B.
__
C.
__
D.
LE.
SO SAY WE ALL, dated this
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69
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1 HEREBYCERTIFY. THAT THE FOLLOWINGIn:MS OF EVIDENCE liERE PLACED IN~
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JURY SEATING CHART

STATE OF FL. VS. H. DICKENS,C. ENFINGER,P-HAUCK,
~
-K.
SCHMIIDT, J. WALSH TRIAL DATE: 10/3/07 8AM
CASE# 06-4016 CFMA-CFMH
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145
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GUTHRIE
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1
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5
3.1 INTRODUCTION TO FINAL INSTRUCTIONS
Membersof thejwy, I thank you for your attention during this trial. Please pay
attention to the instructions I am about to give you.
FILED
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TIME......!....;.....-OATE....!.~..!..::~:;...;.
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HAROLD
BAZZEL
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COU~T
3.2 STATEMENT OF CHARGE

, Raymond Hauck,Henry McFadden Jr., Kristin Schmidt and Joseph Walsh II, the defendants in
tliis"'case,'have
been accused of the crime of Aggravated Manslaughter of a Person under
18.
3.4 WHEN THERE ARE LESSER INCLUDED CRIMES OR ATTEMPTS

In considering the evidence, you should consider the possibility that although the
evidence may not convince you that a defendant committed the main crime of which he
or she is accused, there may be evidence that he or she committed other acts that would
constitute a lesser included crime. Therefore, if you decide that the main accusation has
not been proved beyond a reasonable doubt, you will next need to decide if the defendant
is guilty of any lesser included crime. The lesser crimes indicated in the definition of
Aggravated Manslaughter of a Person under 18 are:
Manslaughter
Neglect of a Child
Culpable Negligence
3.7 PLEA OF NOT GUILTY; REASONABLE DOUBT;

AND BURDEN OF PROOF
Each defendant has entered a plea of not guilty. This means you must presume or
believe each defendant is innocent. The presumption stays with each defendant as to
each material allegation in the information through each stage of the trial unless it has
been overcome by the evidence to the exclusion of and beyond a reasonable doubt.
To overcome a defendant's presumption of innocence the State has the burden of
proving the crime with which the defendant is charged was committed and the defendant
is the person who committed the crime.
The defendant is not required to present evidence or prove anything.
Whenever the words "reasonable doubt" are used you must consider the
following:
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or
forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you
have an abiding conviction of guilt. On the other hand, if, after carefully considering,
comparing and weighing all the evidence, there is not an abiding conviction of guilt, or,
if, having a conviction, it is one which is not stable but one which wavers and vacillates,
then the charge is not proved beyond every reasonable doubt and you must find the
defendant not guilty because the doubt is reasonable.
It is to the evidence introduced in this trial, and to it alone, that you are to look for
that proof.
A reasonable doubt as to the guilt of the defendant may arise from the evidence,
conflict in the evidence or the lack of evidence.
If you have a reasonable doubt, you should find the defendant not guilty. If you
have no reasonable doubt, you should find the defendant guilty.
3.9 WEIGHING THE EVIDENCE
It is up to you to decide what evidence is reliable. You should use your common
sense in deciding which is the best evidence, and which evidence should not be relied
upon in considering your verdict. You may find some of the evidence not reliable, or less
reliable than other evidence.
You should consider how the witnesses acted, as well as what they said. Some
things you should consider are:
1. Did the witness seem to have an opportunity to see and know the things about
which the witness testified?
2. Did the witness seem to have an accurate memory?
3. Was the witness honest and straightforward in answering the attorneys' questions?
4. Did the witness have some interest in how the case should be decided?
5. Does the witness' testimony agree with the other testimony and other evidence in
the case?
6. Has the witness been offered or received any money, preferred treatment or other
benefit in order to get the witness to testify?
7. Had any pressure or threat been used against the witness that affected the truth of
the witness' testimony?
8. Did the witness at some other time make a statement that is inconsistent with the
testimony he or she gave in court?
9. Was it proved that the witness had been convicted of a crime?
10. Was it proved that the general reputation of the witness for telling the truth and
being honest was bad?
You may rely upon your own conclusion about the witness. A juror may believe
or disbelieve all or any part of the evidence or the testimony of any witness.
3.9(a) EXPERT WITNESSES

Expert witnesses are like other witnesses, with one exception - the law permits an
expert witness to give his or her opinion.
However, an expert's opinion is only reliable when given on a subject about
which you believe him or her to be an expert.
Like other witnesses, you may believe or disbelieve all or any part of an expert's
testimony.
3.9(c) DEFENDANT TESTIFYING
A defendant in this case has become a witness. You should apply the same rules
to the consideration of the defendant's testimony that you apply to the testimony of the
other witnesses.
3.9(e) DEFENDANT'S STATEMENTS

A statement claimed to have been made by a defendant outside of court has been
placed before you. Such a statement should always be considered with caution and be
weighed with great care to make certain it was freely and voluntarily made.
Therefore, you must determine from the evidence that the defendant's alleged
statement was knowingly, voluntarily and freely made.
In making this determination, you should consider the total circumstances,
including but not limited to
1.
whether, when the defendant made the statement, he or she had been
threatened in order to get him or her to make it, and
2.
whether anyone had promised him or her anything in order to get him or
her to make it.
If you conclude the defendant's out of court statement was not freely and
voluntarily made, you should disregard it.
3.10 RULES FOR DELIBERATION
These are some general rules that apply to your discussion. You must follow
these rules in order to return a lawful verdict:
1.
You must follow the law as it is set out in these instructions. If you fail to
follow the law, your verdict will be a miscarriage of justice. There is no
reason for failing to follow the law in this case. All of us are depending
upon you to make a wise and legal decision in this matter.
2.
This case must be decided only upon the evidence that you have heard
from the testimony of the witnesses [and have seen in the form of the
exhibits in evidence] and these instructions.
3.
This case must not be decided for or against anyone because you feel sorry
for anyone, or are angry at anyone.
4.
Remember, the lawyers are not on trial. Your feelings about them should
not influence your decision in this case.
5.
Your duty is to determine if the defendant has been proven guilty or not,
in accord with the law. It is the judge's job to determine a proper sentence
if the defendant is guilty.
6.
Whatever verdict you render must be unanimous, that is, each juror must
agree to the same verdict.
7.
It is entirely proper for a lawyer to talk to a witness about what testimony

the witness would give if called to the courtroom. The witness should not
be discredited by talking to a lawyer about his or her testimony.
8.
Your verdict should not be influenced by feelings of prejudice, bias or

sympathy. Your verdict must be based on the evidence, and on the law
contained in these instructions.
10
7.1 INTRODUCTION TO HOMICIDE
In this case each defendant is accused of Aggravated Manslaughter of a Person

under 18.
Aggravated Manslaughter of a Person under 18 includes the lesser crime of
Manslaughter, both of which are unlawful.
A killing that is excusable or was committed by the use of justifiable deadly force
is lawful.
If you find Martin Lee Anderson was killed by one or more of the defendants, you
will then consider the circumstances surrounding the killing in deciding if the killing was
Aggravated Manslaughter of a Person under 18, or was Manslaughter, or whether the
killing was excusable or resulted from justifiable use of deadly force.
JUSTIFIABLE HOMICIDE
782.02, Fla. Stat.
The killing of a human being is justifiable homicide and lawful if necessarily

done while resisting an attempt to murder or commit a felony upon the defendant, or to
commit a felony in any dwelling house in which the defendant was at the time of the
killing.
EXCUSABLE HOMICIDE
782.03, Fla. Stat.
The killing of a human being is excusable, and therefore lawful, under any one of
the following three circumstances:
1.
When the killing is committed by accident and misfortune in doing
any lawful act by lawful means with usual ordinary caution and without
any unlawful intent, or
2.
When the killing occurs by accident and misfortune in the heat of

passion, upon any sudden and sufficient provocation, or
3.
When the killing is committed by accident and misfortune

resulting from a sudden combat, if a dangerous weapon is not used and the
killing is not done in a cruel or unusual manner.
"Dangerous weapon" is any weapon that, taking into account the manner in which
it is used, is likely to produce death or great bodily harm.
11
I now instruct you on the circumstances that must be proved before a defendant
may be found guilty of Aggravated Manslaughter of a Person under 18, or any lesser
included crime.
12

782.07(3) and 827.03(3)
As to Henry Dickens, to prove the crime of Aggravated Manslaughter of a Person
1.
2.
3.
4.
The defendant directly and proximately caused the death of Martin Lee
Anderson by neglecting Martin Lee Anderson through culpable
negligence.

"directly caused the death" means that but for the culpable negligence of the
defendant, Martin Lee Anderson would not have died.
Culpably negligent conduct can directly cause the death of an individual if the
culpably negligent conduct aggravates a pre-existing medical condition and as a
consequence, the pre-existing medical condition causes the death of an individual.
However, a defendant cannot directly cause the death of an individual if the death
of the individual would have occurred, in any event, regardless of the culpably negligent
conduct of the defendant.
"proximately caused the death" means that ( 1) the death of the victim was
reasonably foreseeable; so that it can be said that the death of the victim is not beyond the
scope of any fair assessment of the danger created by the defendant's conduct, and (2) the
conduct does not fall within the definition of justifiable or excusable homicide as I have
previously explained those terms.
"culpable negligence" is defined as follows: Each of us has a duty to act
13

1.
A caregiver' s failure or om1ss1on to provide a child with the care,
or
2.
14
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Henry Dickens, to prove the lesser-included crime of Manslaughter, the

1.
2.
The death of Martin Lee Anderson was directly and proximately caused
by the culpable negligence of Henry Dickens.
However, the defendant cannot be guilty of Manslaughter if the killing was either
"proximately caused the death" means that (1) the death of the victim was
I will know define "culpable negligence" for you. Each of us has a duty to act
15

827.03(3)(c), Fla. Stat.
As to Henry Dickens, to prove the lesser-included crime of Neglect of a Child, the

1.
Henry Dickens by culpable negligence failed or omitted to provide Martin

2.
3.

16
8.9 CULPABLE NEGLIGENCE

784.05, Fla. Stat.
As to Henry Dickens, to prove the lesser-included crime of Culpable Negligence,

1.
Henry Dickens exposed Martin Lee Anderson to personal injury or

inflicted actual personal injury on Martin Lee Anderson.
2.
He did so through culpable negligence.

disregard for human life, or for the safety of persons exposed to its dangerous effects, or
disregard of the safety and welfare of the public, or shows such an indifference to the
17

782.07(3) and 827.03(3)
As to Charles Enfinger, to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
3.
4.
negligence.

18
1.
A caregiver's failure or om1ss10n to provide a child with the care,
or
2.
19
7. 7 MANSLAUGHTER
782.07, Fla. Stat.
As to Charles Enfinger, to prove the lesser-included crime of Manslaughter, the

1.
2.
by the culpable negligence of Charles Enfinger.
20

827.03(3)(c), Fla. Stat.
As to Charles Enfinger, to prove the lesser-included crime of Neglect of a Child,

1.
Charles Enfinger by culpable negligence failed or omitted to provide

2.
3.

has a duty to act reasonably toward others. Ifthere is a violation of that duty, without any
21

784.05, Fla. Stat.
As to Charles Enfinger, to prove the lesser-included crime of Culpable

Negligence, the State must prove the following two elements beyond a reasonable doubt:
1.
Charles Enfinger exposed Martin Lee Anderson to personal injury or

2.

22

782.07(3) and 827.03(3)
As to Patrick Garrett, to prove the crime of Aggravated Manslaughter of a Person
1.
2.
Patrick Garrett was a caregiver for Martin Lee Anderson.
3.
4.
negligence.

23

1.
A caregiver's failure or om1ss1on to provide a child with the care,
or
2.
24
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Patrick Garrett, to prove the lesser-included crime of Manslaughter, the

1.
2.
by the culpable negligence of Patrick Garrett.
25

827.03(3)(c), Fla. Stat.
to prove the lesser-included crime of Neglect of a Child, the
1.
2.
3.
y culpable negligence failed or omitted to provide Martin

a caregiver for Martin Lee Anderson.

I will now define what is meant by the term "culpable negligence": Each ofus
26

784.05, Fla. Stat.
Ast I
the State mu
1.
2.
,.
, to prove the lesser-included crime of Culpable Negligence,

owing two elements beyond a reasonable doubt:
-exposed
Martin Lee Anderson to personal injury or

~ personal injury on Martin Lee Anderson.

27

782.07(3) and 827.03(3)
As to Raymond Hauck, to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
3.
4.
negligence.

28
1.
or
2.
A caregiver' s failure to make a reasonable effort to protect a child from
29
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Raymond Hauck, to prove the lesser-included crime of Manslaughter, the

1.
2.
by the culpable negligence of Raymond Hauck.
30

827.03(3)(c), Fla. Stat.
As to Raymond Hauck, to prove the lesser-included crime of Neglect of a Child,

1.
Raymond Hauck by culpable negligence failed or omitted to provide

2.
3.

31
8.9 CULP ABLE NEGLIGENCE

784.05, Fla. Stat.
As to Raymond Hauck, to prove the lesser-included crime of Culpable

1.
Raymond Hauck exposed Martin Lee Anderson to personal injury or

2.

32

782.07(3) and 827.03(3)
As to Charles Helms, Jr., to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
Charles Helms, Jr. was a caregiver for Martin Lee Anderson.
3.
4.
negligence.

33
1.
or
2.
34
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to -
State must pr~wo

elements beyond a reasonable doubt:
1.
2.
The death of Martin Lee Ande~d

by the culpable negligence of-
proximately caused
35

827.03(3)(c), Fla. Stat.
As to
to prove the lesser-included crime of Neglect of a Child,
1.
2.
3.


36

784.05, Fla. Stat.
As to
Negligence, the
p '-
to prove the lesser-included crime of Culpable

- following two elements beyond a reasonable doubt:
1.
exposed Martin Lee Anderson to personal injury or

2.

I will know define "culpable negligence" for you. Each ofus has a duty to act
37

782.07(3) and 827.03(3)
As to Henry McFadden, Jr., to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
Henry McFadden, Jr. was a caregiver for Martin Lee Anderson.
3.
4.
negligence.

intention to hann, that violation is negligence. But culpable negligence is more than a
38

1.
or
2.
39
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Henry McFadden, Jr., to prove the lesser-included crime of Manslaughter,

1.
2.
by the culpable negligence of Henry McFadden, Jr.
40

827.03(3)(c), Fla. Stat.
As to Henry McFadden, Jr, to prove the lesser-included crime of Neglect of a

Child, the state must prove the following three elements beyond a reasonable doubt:
1.
Henry McFadden, Jr. by culpable negligence failed or omitted to provide

2.
Henry McFadden, Jr. was a caregiver for Martin Lee Anderson.
3.

41

784.05, Fla. Stat.
As to Henry McFadden, Jr., to prove the lesser-included crime of Culpable

1.
Henry McFadden, Jr. exposed Martin Lee Anderson to personal injury or

2.

42

782.07(3) and 827.03(3)
As to Kristin Schmidt, to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
3.
4.
negligence.

43
1.
or
2.
44
7.7 MANSLAUGHTER
782.07, Fla. Stat.
As to Kristin Schmidt, to prove the lesser-included crime of Manslaughter, the
1.
2.
by the culpable negligence of Kristin Schmidt.
45

827.03(3)(c), Fla. Stat.
As to Kristin Schmidt, to prove the lesser-included crime of Neglect of a Child,

1.
Kristin Schmidt by culpable negligence failed or omitted to provide

2.
3.

46

784.05, Fla. Stat.
As to Kristin Schmidt, to prove the lesser-included crime of Culpable Negligence,

1.
Kristin Schmidt exposed Martin Lee Anderson to personal injury or

2.
She did so through culpable negligence.

47

782.07(3) and 827.03(3)
As to Joseph Walsh II, to prove the crime of Aggravated Manslaughter of a
doubt:
1.
2.
3.
4.
negligence.

48
1.
or
2.
49
7. 7 MANSLAUGHTER
782.07, Fla. Stat.
As to Joseph Walsh II, to prove the lesser-included crime of Manslaughter, the

1.
2.
by the culpable negligence of Joseph Walsh II.
50

827.03(3)(c), Fla. Stat.
As to Joseph Walsh II, to prove the lesser-included crime of Neglect of a Child,

1.
Joseph Walsh II by culpable negligence failed or omitted to provide

2.
3.

51

784.05, Fla. Stat.
As to Joseph Walsh II, to prove the lesser-included crime of Culpable Negligence,

1.
Joseph Walsh II exposed Martin Lee Anderson to personal injury or

2.

52
3.11 CAUTIONARY INSTRUCTION

Deciding a verdict is exclusively your job. I cannot participate in that decision in
any way. Please disregard anything I may have said or done that made you think I
preferred one verdict over another.
53
3.12 VERDICT
You may find the defendant guilty as charged in the information or guilty of such
lesser included crime as the evidence may justify or not guilty.
If you return a verdict of guilty, it should be for the highest offense which has
been proven beyond a reasonable doubt. If you find that no offense has been proven
beyond a reasonable doubt, then, of course, your verdict must be not guilty.
Only one verdict may be returned as to the crime charged. This verdict must be
unanimous, that is, all of you must agree to the same verdict. The verdict must be in
writing and for your convenience the necessary forms of verdict have been prepared for
you. They are as follows:
54
IN THE CIRCUIT COURT OF THE FOURTEENTH WDICIAL CIRCUIT

OF THE STA TE OF FLORIDA IN AND FOR BAY COUNTY
CASE NO.:
STATE OF FLORIDA
06-4016CF
v.
06-4016CFMA
06-4016CFMB
HENRY DICKENS
CHARLES ENFINGER
RAYMOND HAUCK
06-4016CFMF
06-4016CFMG
06-4016CFMH
HENRY MCFADDEN, JR.

KRISTIN SCHMIDT
JOSEPH WALSH II
VERDICT FORM
As to defendant Henry Dickens, we, the jury, find as follows: (check only one)
A.

B.
__ c.

D.
E.
As to defendant Charles Enfinger, we, the jury, find as follows: (check only one)
A.

B.
__ c.

D.
E.
55
As to defendant Raymond Hauck, we, the jury, find as follows: (check only one)
A.

B.
C.
D.
E.
56
As to defendant Henry McFadden, Jr., we, the jury, find as follows: (check only one)
A.

B.
C.
D.
E.
As to defendant Kristin Schmidt, we, the jury, find as follows: (check only one)
A.

B.
C.
D.
E.
57
As to defendant Joseph Walsh II, we, the jury, find as follows: (check only one)
A.

B.
C.
D.
E.
SO SAY WE ALL, dated this ____
Foreperson of the Jury
58
3.12(b) SINGLE COUNT, MULTIPLE DEFENDANTS

The defendants have been tried together; however, you must consider each
defendant and the evidence applicable to him or her separately. You may find any
defendant guilty or not guilty. However, your verdict as to one defendant must not affect
your verdict as to the others.
59
3.13 SUBMITTING CASE TO JURY

In just a few moments you will be taken to the jury room by the bailiff. The first
thing you should do is elect a foreperson who will preside over your deliberations, like a
chairperson of a meeting. It is the foreperson's job to sign and date the verdict form when
all of you have agreed on a verdict in this case and to bring the verdict back to the
courtroom when you return.
Your verdict finding each defendant either guilty or not guilty must be
unanimous. The verdict must be the verdict of each juror, as well as of the jury as a
whole.
In closing, let me remind you that it is important that you follow the law spelled
out in these instructions in deciding your verdict. There are no other laws that apply to
this case. Even if you do not like the laws that must be applied, you must use them. For
two centuries we have lived by the constitution and the law. No juror has the right to
violate rules we all share.
60
' .... . '
,- r"I.
IN THE CIRCUIT COURT OF THE FORTEENTH JUDICIALCl~OlJIT,J

STATE OF FLORIDA,
Plaintiff,
,,..,..
("''
...
'.'
vs.
CASE NO(S): 06-4016CFMG
KRISTIN SCHMIDT,
Defendant.
MOTION TO EXCEED STATUTORY CAP FOR

COURT-APPOINTED COUNSEL
Ashley Stone Benedik, respectfully moves this Honorable Court, pursuant to

Makemson v. Martin County, 491 SO. 2d 1109 (Fla. 1986), for an order awarding
compensation in excess of the statutory cap, and costs/expenses for services rendered
as court-appointed counsel in the above-captioned case. As grounds:
1.
Undersigned counsel was appointed on February 22, 2007, to represent

Defendant on a 151 degree felony, in the above-captioned case.
2.
Defendant's case was concluded on October 12, 2007.
3.
Pursuant to Indigent Services Committee Rules for the Fourteenth Judicial

Circuit, undersigned counsel is to be paid an hourly fee of $100.00 with a
statutory cap of $2,500.00, unless the case is an unusual or extraordinary
case, which this case is unusual or extraordinary.
4.
Undersigned counsel expended 366 hours representing Defendant

Schmidt; as such, undersigned counsel is requesting a fee of $36,600.00,
based on an hourly rate of $100.00 per hour.
5.
Undersigned counsel's representation of Defendant was unusual or

extraordinary because defense counsel has had to coordinate with seven
other defense attorneys as well as the State. Counsel has had to review,
organize, compare, catagorize and chart out over approximately 25,000
pages of discovery documents. The Counsel has had to review, organize
and compare witness statements from over 140 State witnesses. Counsel
has had to review and educate herself on complex medical terminology
and opinions from over 10 relevant experts. Counsel has had to prepare
for numerous depositions of expert medical witnesses in conjunction with
seven other defense attorneys. Counsel has had to organize and
participate in several joint strategy sessions involving seven other
attorneys regarding discovery preparation, strategy consultation and
comparing and analyzing potential defense expert witnesses. Counsel has
had to prepare and question potential defense expert witnesses regarding
various aspects of this case and of the state's expert reports. Counsel
also spent three (3) days in jury selection because of the pre-trial publicity
this case had received both locally and nationally. Counsel also spent
eight days in jury trial representing her client. The level of effort and
preparation necessary to master the discovery materials in this case is
unique from any other case that defense counsel has participated in her
fourteen plus years of criminal trial practice. The time expended on this
case without any fees collected has proven to be an undue hardship on
the undersigned attorney's practice.
6.
Prior to submitting this Motion to the Court, undersigned counsel submitted all
required documentation to the Justice Administrative Commission (JAC) for
approval.
7.
Undersigned counsel is authorized to state that the JAC has an objection to

counsel's requested fee, but does not request a hearing on the matter.
WHEREFORE, the undersigned respectfully requests this court to order the Justice
Administrative Commission, to pay to Ashley Stone Benedik, Esq., the sum of $36,600.00 as
attorney's fees and costs for her representation of the Defendant, Kristin Schmidt, in this
case.
I HEREBY CERTIFY that a copy of the foregoing Motion has been furnished to Justice
Administrative Commission, P.O. Box 1654, Tallahassee, Florida 32302 by regular U.S. mail
this~~
of November, 2007.
ASHLEY ST
FL BAR# 98
COTHRAN & ENEDIK, P.A.
1004 Jenks Ave. Jenks Avenue
(850)784-2992
STATE OF FLORIDA
JUSTICE ADMINISTRATIVE COMMISSION

Post Office Box 1654 (32302)
227 North Bronaugh Street. Suite 2100
Tallahassee, Florida 32301
COMMISSIONERS
Dennis Roberts. Chair
Public Defender
Diamond R Litty
Public Defender
(850) 488-2415
SUNCOM 278-2415
Toll Free (866) 355-7902
FAX (850) 488-8944
Toll Free FAX (866) 355-7906
Jerry Hill
State Attorney
Jerry M. Blair
State Attorney
Victoria A Montanaro
Executive Director
LETTER OF OBJECTION-
NO HEARING REQUESTED
11/15/2007
ASHLEY S. BENEDIK
1004 JENKS AVENUE
PANAMA CITY, FL
Party: KRISTIN ANNE SCHMIDT
Court Case No. 03 CF 2006 004016 OOOGMA
Email: april@panamacitylaw.net; ASHLEYBENED IK@YAHOO. COM
Pursuant to s. 27.5304, F.S., the Justice Administrative Commission (JAC) reviewed your
intended billing, affidavit and documentation for completeness and compliance with statutory
and contractual requirements in the above matter.
JAC objects to your billing for attorney's fees in the amount of $36,600.00. JAC's objections are
as follows:
The billed amount exceeds the statutory fee limit of $2,500.00 for non-life felony cases set forth
in s.27.5304, F.S. The Order Pay in this case will require a written finding by the Court that the
fees claimed are reasonable and incurred as the result of unusual and extraordinary
circumstances associated with the representation pursuant to Makemson v. Martin County, 491
So.2d 1109 (Fla. 1986). This requirement is explained in the Chief Financial Officer
Memorandum No. 04 (2003-04).
Pursuant to 27.5304(2), F.S., "The attorney shall have the burden to prove the entitlement to
attorney's fees, costs, or related expenses."
When you file your motion for compensation, specify that JAC objects to the billing. You must
attach a copy of this letter for the Court's determination of your fee for this case. Section
27.5304(2), F.S., requires that you serve a copy of your motion upon JAC. JAC does not
request a hearing on your motion and, if a hearing is scheduled, JAC does not request notice
and will not appear in court.
Beth Gammie
Supervisor, Compliance Review
kh
The Justice Administrative Commission administratively serves the offices of State Attorneys, Public Defenders,
Capital Collateral Regional Counsels and the Statewide Guardian Ad Litem Program;
and, provides compliance and financial review of the court-appointed attorney due process costs.
In-Court Invoice for Court-Appointed Counsel

I
Case Number: 06-4016CFMG
I Case Caption: State v. Kristin Schmidt
Date
Description of Services
2/22/07
Attend hearing for motion for stmt of particularspre- trial conference, speak with client, advise court
status of case
Pre-Trial Conference
Pre-Trial Conference, set deadlines & trial date
Pre-trial conference, hearing on motions in limine,
iurv instructions, and other issues
pretrial meeting with Judge in chambers-discuss
procedural issues for trial and iury selection
jury selection-pretrial publicity
jury selection-pretrial publicity
jury selection
pretrial hearing with Judge
trial--opening statemetns, state's first witnesses
trial-state's case
trial- state's case
trial-state's case; state rest; defense case
trial-defense's case
trial defense's case
trial-closing arguments
trial, jury instructions, verdict
3/20/07
6/19/07
8/30/07
9/19/07
9/24/07
9/25/07
9/26/07
10/02/07
10/03/07
10/04/07
10/05/07
10/08/07
10/09/07
10/10/07
10/11/07
10/12/07
Service
Type
Hearings
Time
Increment
3.00
Hearings
Hearings
Hearings
1.00
1.50
5.00
Other
2.00
Trial
Trial
Trial
Hearings
Trial
Trial
Trial
Trial
Trial
Trial
Trial
Trial
10.50
9.00
10.00
1.50
10.50
8.50
6.50
11.00
11.00
12.00
9.00
4.50
Total Time:
Rate:
Total Reimbursable Amount:
116.50
100.00
$
11650.00
NOTE: All amounts must be within the guidelines established by the Indigent Services
Committee in the circuit in which the case was appointed.
Out-of-Court Invoice for Court-Appointed Counsel

I Case Number: 06-4016CFMG
Case Caption: State v. Kristin Schmidt
Date
2/22/07
rec & rev order of appointment; search ovation

for history of case; locate & print previously
filed documents from ovation (information,
motions filed, memorandums filed, discovery
ressponses etc); locate history of other 7
codefendant's cases, print and review
prepare and file pleadings (NOA, WPNG,
Discovery demand)
motion & order for paper copy of discovery, req
for Quote from Allegra printinQ
rev of Information filed & affidavit (4 pgs);
review of State's response for motion for stmt
of particulars (9 pgs) and research issue to
formulate response; prep for hearing on motion
locate and print statute & jury instruction for
charged crime/review; research and print case
law for aggravated manslaughter of child-determine elements/review case law
search internet for articles, discussions &
comments regarding the case/print articles and
place in binder (numerous national and local
articles, very high profile case--info needed to
determine what is being said and thoughts
about case; theories of case)
read and review articles collected on 2/22/07
rec & rev fax from client
initial meeting with client
2/22/07
2/22/07
2/2207
2/2207
2/22/07
2/23/07
2/23/07
2/27/07
3/2/07
3/5/07
3/5/07
3/5/07
3/6/07
3/7/07
rec & rev order on motion for stmt of particulars

& rev of protective order (5 pgs) & rec & rev
Memo from Attorney Waylon Graham Re:
Media Offers
phone call from client; locate court minutes
from 2/22/07 on ovation, print, copy to client
receive and organize 120 DVDs and CD
(discovery) in binder, initial review of several
CDs with boot camp pictures and initial review
of DVD of incident (lonQ version)
travel to Allegra printing and back to pick up 10
boxes of discovery
receive & review fax from co-defendants
attorney re: additional discovery (2,055 pages)
covered in protective order
review state's notice of discovery, witness list,
amended discovery (30 oas) letter to prev.
Service
Type
Obtaining/Reviewing
Records
Time
Increment
0.90
Obtaining/Reviewing
Records
0.20
Obtaining/Reviewing
Records
0.30
Obtaining/Reviewing
Records
1.60
LegalResearchWriting
1.50
Obtaining/Reviewing
Records
1.00
Obtaining/Reviewing
Records
Other
Obtaining/Reviewing
Records
2.00
0.20
1.50
0.50
Obtaining/Reviewing
Records
0.30
Obtaining/Reviewing
Records
2.00
TravelTime
0.50
Obtaining/Reviewing
Records
0.20
Obtaining/Reviewing
Records
1.20
InterviewsConferences

3/7/07
3/7/07
3/7/07
3/7/07
3/7/07
3/7/07
3/8/07
3/8/07
3/12/07
3/16/07
3/16/07
3/20/07
3/20/07
3/23/07
3/23/07
attorney
review letter from ASA 3/6/07 plus additional
discovery (supplemental investigative reports)
reports of additional expert, Steinberg, prepare
list of medical terms
research definitions of 25 medical terms,
review medical definitions (pertinent to case
and listed in experts reports)
continued review of 3/6/07 additional discoverycv of Dr. Steinberg (skim 31 pages)
review report of Dr. N. Gravenstein and CV (48
pgs), make notes
20/20 transcript provided as discovery (40
pages) review relevant portions
review 1/15/07 letter from Florida Medical
Examiners Commission- Re: Seibert(provided
as additional discovery)
review cd boot camp 911 call; add'I boot camp
pictures (on several CD's) review pg. 1-10 of
discovery (FDLE invest report)
continue review of discovery p. 11-39 (FDLE
reports), research additional medical terms that
arise & research sickle cell trait
review discovery (p.40-54 FDLE reports),
(pp.20193-20359--Dr. Adams autopsy and
records/phone records/emails)
phone call from client
review of latest media articles re: case/ print
meeting with co-defendant attorneys to discuss
strategies
meeting with client in office before court, signed
waiver of appearance
organizing Box 1& 2 in binders with index
memo from co- defendant attorney Graham
(dated 3/22/07)
Obtaining/Reviewing
Records
0.70
1.20
Obtaining/Reviewing
Records
0.30
Obtaining/Reviewing
Records
0.70
Obtaining/Reviewing
Records
0.50
Obtaining/Reviewing
Records
0.20
Obtaining/Reviewing
Records
1.30
Obtaining/Reviewing
Records
1.50
Obtaining/Reviewing
Records
3.50
Obtaining/Reviewing
Records
0.30
0.40
2.00
0.50
Other
Other
1.00
0.20
Total Time:
Rate:
28.20
100.00
$
2820.00
A.2.d.
A.2.d.

J
Case Number: 06-4016-CFMG
Case Caption: State v. Kristin Schmidt
Date
3/23/07
review of documents provided by defense

(corresp from clients civil attorney (13 pgs)
records provided by client (100 pages) & memo
from Attorney Graham about the defense team
meeting
review documents on aspirin (research, found
in victim's system, effect on death)
& continued review of discovery - FDLE
investig. pg. 157-189
continued review if discovery (FDLE Report pg.
190-420)
Defense Meeting at Attorney White's office
continue review of discovery (medical records
aprox. 200 pages. birth & child hospital
records, Dr. records)pp.14170;16408-412;
16532-538; 16681-685; 17435-437; 19085-19235
fax from co-defendant's attorney Pell (2pg)
& fax from co-defendant's attorney Graham
(1 oo)
review EMS run report (pg. 4975-4981)
strategy meeting with co-defendant's attorney
3/23/07
3/26/07
4/2/07
4/10/07
4/10/07
4/10/07
4/11/07
4/23/07
4/23/07
4/23/07
4/25/07
4/30/07
5/09/07
5/16/07
5/17/07
5/21/07
5/22/07
5/23/07
reivew of house bill (9pgs) special master's

final report (25 PQS)Re: Martin Anderson bill
prep for atty meeting on 4/25 (issues to be
brouQht up, made notes)
cont review of discovery (p. 422-555, 5921606) FDLE reports, use of force reports
strategy meeting with co-defendant's attorneys
rec & rev letter from Attorney White's office Re:
medical records from Dr. Humphries
strategy/coordination meeting with codefendant's attorneys
receive & review letter from client & Sacred
Heart document, rev discovery med records
BMC, lab, airheart records oo.19260-19380
review of 4 pg letter from co-defendants
attorney re: issues for experts
& formulate client's questions for Eichner
(expert)
review discovery- report of Dr. T Andrews(9
pgs) / prep for depos of Dr. Andrews
depositions of Dr. Tomas Andrews
bi-weekly meeting with co-defendant's
attorneys (to proQress the case along)
Service
Type
Obtaining/Reviewing
Records
Time
Increment
2.40
Obtaining/Reviewing
Records
1.20
Obtaining/Reviewing
Records
4.00
Obtaining/Reviewing
Records
1.50
2.30
Other
0.40
Obtaining/Reviewing
Records
Obtaining/Reviewing
Records
0.20
2.00
1.00
Other
0.50
Obtaining/Reviewing
Records
2.20
Obtaining/Reviewing
Records
2.10
0.20
2.00
Obtaining/Reviewing
Records
2.30
Obtaining/Reviewing
Records
0.70
Obtaining/Reviewing
Records
1.00
2.00
2.00

5/23/07
5/24/07
5/25/07
5/29/07
6/05/07
06/11/07
6/13/07
6/15/07
06/22/07
06/26/07
06/27/07
review pgs. 479, 488, 489, 494-499, 1811,

1812, 1816 (FDLE reprt/ medical records,
Siebert letters) (.5) review of A. Segers
statement, ems reports (58 pages) prep for
depos (1.2)
meeting with client
rec & rev notice of depos Lewis, Younger, &
Martin (4pgs) add to calendar
rev additional disc. from State (dated 5/23/07)
Bledsoe CV and report (42 pgs) rev articles of
expert Bledsoe on ammonia use
& rev more articles on sickle cell disease/trait
review of order to show cause & request for
emergency hearing filed by State (.3); phone
call to co-defendant counsel (.2)
review of response to public records request of
DJJ re: sickle cell trait (14 oas)
review of article from Times- Union re: NFL
players using ammonia capsules & effects (8
pgs) very small print
review defendant expert report letter (7 pgs. ss)
Eichner, make notes
depo of Steve Martin (state expert)
review discovery Dr. Shari Turner pgs. 2348123564; review discovery BCSO memos to and
from Capt Thompson (5 pgs), 5211-5213,
5238-5240, 1599-1611, 10609, 10751-752;
10831, 11149, 11186, 11248-11254, 1128511306, 11332-11338, 12801, 12806;discovery
re:juvenile boot camp manual pp.52415308; inquiry reports and related discovery pp
12647-12715; 12809-12837, Helms discipline
12874-12886, 12917-13121
bi-weekly strategy meeting with co-defendant's
attorneys
Obtaining/Reviewing
Records
1.70
0.70
0.20
Obtaining/Reviewing
Records
1.50
Obtaining/Reviewing
Records
0.50
Obtaining/Reviewing
Records
0.40
Other
0.40
Other
0.60
Obtaining/Reviewing
Records
1.20
5.50
2.00
Total Time:
Rate:
44.70
100.00
$
4470.00
A.2.d.
A.2.d.

I Case Number: 06-4016-CFMG
Date
06/27/07
06/27/07
Bi-weekly strategy meeting with Defense team

participate in deposition of Cynthia LewisYounQer
review article "Athlete with Sickle Cell Trait at
Risk for Death" fax from co- defendant attorney
(2 p/ small print); review discovery pp.1318013227 (other incidents). rev statement of
Thompson disc pp 22416-22432
review of discovery, Dr. John Downs report p.
24075-24142 make notes, prepare for depo
review of NASA enhanced DVD, make notes
(.8); review of DVD- zoom & enhanced
segments- slowed x 1/2 speed (.5); review
"zoomed & enhanced videos (.5)
review of Chelse Pollock stmt discovery p.
20538 to 20595
Attend deposition of Dr. Downs
06/28/07
07/02/07
07/02/07
07/02/07
07/02/07
07/10/07
07/19/07
07/20/07
07/21/07
07/24/07
07/25/07
07/26/07
07/26/07
07/27/07
07/30/07
Service
Type
Time
Increment
2.00
1.00
Other
1.60
Obtaining/Reviewing
Records
1.00
Obtaining/Reviewing
Records
1.80
Obtaining/Reviewing
Records
0.60
rec & rev State's witness list
Obtaining/Reviewing
Records
review of discovery (p.24, 217-24, 222; p.

10595, p, 13275- 13277; 3562-3788)
strategy/ organization meeting with Defense
team {prep witness list, discuss issues; jury
instructions etc.
review our possible jury instructions, motion in
limines ; review of Dr. V. Adams deposition and
make notes to summarize (76pgs);
review discovery pp.18522-18523 (Officer Van
Brunt); rev disc. pp.18660-18668; 1022610228, 10217-10219, 10202-10204 re: Sergio,
Connelly, make notes; rev. disc pp.
Defense team strategy/ organization meeting
Obtaining/Reviewing
Records
1.60
0.50
2.00
2.00
Other
3.20
Obtaining/Reviewing
Records
0.50
Obtaining/Reviewing
Records
2.00
0.50
Obtaining/Reviewing
Records
0.80
Obtaining/Reviewing
Records
1.20
1.30
review disc. p. 21984-22012 (stmt. J. Deas;

made notes
review report; interview of Enfinger (pp.
rev. of statements/documents related to
Enfinger (p.13261-13268)(pp.23579-23592,
24205-2421 O); make notes
review of documents provided pursuant to
public records reguest (155 pgs) (re: purchases
of ammonia inhalants); rev discovery re: D.I.
Richard Hall pp. 4550, 4659, 18756-18766)
review discovery pp. 13443-13464 (prior
complaint of boot camp by A. Smith); review
pp. 11431-11435 statement of S. Heaton p.
08/01/07
08/01/07
08/02/07
08/06/07
08/06/07
08/06/07
08/07/07
08/07/07
08/08/07
08/08/07
08/08/07
08/13/07
08/14/07
11407, pp. 18781-18791 (statement of S.

Heaton). rev. discovery re PAR report
summaries, re: Garrett (pp.4522-4525,45514554, 13248-13252, 24198-24204)
research nursing standards of care in
correctional settings seeking expert in area
review discovery pp. 1359-1488, sent emails,
print articles (1.0); Boot Camp program
manual; review of school records (skim through
p.607-823 discovery)(.?); review discovery
oo.824-872, DJJ history (.6)
cont review of Boot Camp program manual pp.
1489-1541
cont. review of Boot Camp manual discovery
pp. 1542-1594, 15855-15960 (1.2)
& review discovery p.18930-18938; statement
of Travis Perry by HCSO (.5)
prep for depo of Dr. Steinberg
review discovery involving Sgt. Cruel p.1067010671, 12891-12892, 12896-12897, 1294312945, 12949-12951, 13008-13009, 1310213104, 13155-13156, 14035-14111 (1.0)
& cont. rev. of discovery- Sgt. Cruel Stmt to
HCSO pp. 18693-18706 (made 4 pages of
notes) (. 7)
Attend depo of Dr. Steinberg
rev statement of M. Walton pp 22215-22273;
make notes
Defense team meeting with co defendant
attorneys discuss dividing up witnesses for trial;
strategies etc.
cont. rev of discovery DJJ records of victim
o.871-1120
notes/ trial prep Sergio Connelley statements
(summary); including rev of discovery p.1866018668, 10206-10228, 10217-10219, 1020210204 (re: Sergio Connelley)
meeting with Ms. Schmidt (go over unedited
video), prep for Sat. meeting)
organizing witness files by group,
alphabetizing; organizing for trial
Other
1.00
Obtaining/Reviewing
Records
2.30
Obtaining/Reviewing
Records
1.50
Obtaining/Reviewing
Records
1.70
Other
Obtaining/Reviewing
Records
0.50
1.70
Obtaining/Reviewing
Records
1.20
0.50
2.00
Obtaining/Reviewing
Records
1.00
Obtaining/Reviewing
Records
1.00
1.80
Other
0.60
Total Time:
Rate:
40.40
100.00
$
4040.00
A.2.d.

/ Case Caption: State v. Kristin Schmidt
Date
08/14/07
review discovery (H. Dickens p. 456-457 report,

makes notes to prepare for crossexam for our
trial prep mtg on 8/18), rev. 100-113
meeting with client, go over 2 DVD's- "NASA
Enhanced" and "Zoomed", discuss concerns
speak with ANRP Beth Gui regarding nursing
standards
Meeting at Attorney Sombathy's Office to
review video & defendant's statements, etc.
working on proposed special jury instructions
for aggravated manslaughter of a child,
updating research of case law, prepare draft of
jury instructions
review 9 page fax from client regarding
response to some of the discovery
prepare direct exam questions for client's
testimony (2.2)
& prep of cross examination, review Sgt.
Dickens personnel file pp.2340-2567; review
discovery- use of force p.555-606 (3.0)
trial prep meeting with all attorney's and clients
step by step through video; discuss exhibits,
jury instructions, witness subp. practice crossexam of all defendant's
review CD of autopsy photos (discovery
provided by State on 8/15/07) (.3)
& review of additional discovery from State
Sent. 8/15/07 29 pgs trial (. 7)
meeting with other attorneys to discuss jury
instructions and motion in limine, final division
of witnesses
review of discovery re: Dr. Seibert- autopsy,
variouse letters p.527-530, p. 16428-16439, p.
16513-16631; p. 19772-20006 (1.5)
& review of report by Dr. Jary Spencer (aug.
2007) re: Seiberts autopsy- 6 pgs. (.3)
review discovery pp. 19273-19277 and 2086420936 (statements and nurses notes Cassie
Elliott)
review discovery Sacred Heart records (35
pgs) p. 19755-191767, 20415 re: Dr. Foland;
Dr. Foland statement p. 21431-21501
review of Charles Helms personnel records
pgs. 3268-3445
review of Raymond Hauck personnel records
08/16/07
08/16/07
08/17/07
08/17/07
08/17/07
08/17/07
08/18/07
08/20/07
08/22/07
08/22/07
08/23/07
08/23/07
08/24/07
08/26/07
Service
Type
Obtaining/Reviewing
Records
Time
Increment
1.20
2.00
0.40
3.00
Other
0.70
Other
0.30
Obtaining/Reviewing
Records
5.20
6.00
Obtaining/Reviewing
Records
1.00
2.00
Obtaining/Reviewing
Records
1.80
Obtaining/Reviewing
Records
1.00
Obtaining/Reviewing
Records
2.00
Obtaining/Reviewing
Records
2.00
Obtaining/Reviewing
Records
1.30

08/27/07
08/27/07
08/27/07
08/27/07
08/28/07
08/28/07
08/29/08
08/29/08
08/29/07
08/30/07
08/31/07
09/04/07
09/04/07
09/05/07
pgs. 2568-2834
review of additional discovery from State dated
8/23/07 re: Dr. Spencer (9 oas)
review States motion in limine (9 separate
motions) review, make notes, research the
various evidentiarv issues in the M.I.L.
review of States exhibits provided 8/23/07 (1.0)
& review of State's proposed stipulation of facts
(.3)
review defendants motion in limines (re: other
boot camps; non-homicide lessers, corporal
punishment, corporal punishment in prep for
hearing)
review of State's proposed jury instructions and
verdict forms and special instructions, review of
case law cited for special instructions (look up
citations, print, review; further research of
proper jury instructions
review Dr. Ebeids records and statement p.
20372-20395 (subpoenas), p. 20496-20521
(statement) (.8)
& Pasha Waters statements pgs. 5025-5026,
4704, 4585, made notes (.3)
meeting with co-defendant attorneys to go over
the motions in limine- assign duties, go over
exhibits list and stipulations, address
objections- discuss PTC and hearing
review amended information and letters faxed
from State and aditional discovery demand by
co-defendants, authorities listed for motions
look up, print and read the authority relied on
by the State for motions in limine (19) and in
oppositions of Defendants motions (6 cases),
reviewing cases re: pre-existing medical
conditions proposed instructions
meeting with co defendant attorneys before
pretrial conference re: motions etc, rev
discovery (Capt Thompson statements etc.,
pp.2227 4-22432)
review discovery statements of Young Hall,
Sharon Holler (pp. 21502-21555); Shelley Vogt,
Karen Harvell, Jeff Martin, Dr.Minyard, Joshua
Stever (pp.21599-21733); Dr. S.Nelson, (pp.
219292-21972) N. Vickers (pp. 22181-22214)
(total 263 pgs)
review of Judge's Order's regarding the
motions in limine filed by State and Defense (8
pages)
review Dr. Steinberg's deposition (44 pgs) [.8]
& review of Dr. Eichner's deposition, make 9
pages of notes ( 131 pages) [3. 7]
meeting with co-defendant attorneys
Obtaining/Reviewing
Records
0.30
2.70
Obtaining/Reviewing
Records
1.30
Obtaining/Reviewing
Records
0.30
Other
2.80
Obtaining/Reviewing
Records
1.10
2.00
Obtaining/Reviewing
Records
0.40
4.00
Other
3.00
Obtaining/Reviewing
Records
5.00
Obtaining/Reviewing
Records
0.30
Obtaining/Reviewing
Records
4.50
2.00

J
09/07/071 review Dr. John Downs depo (62 pages) make

6 oaaes of notes
Obtaining/Reviewing
Records
Total Time:
Rate:
2.soI
62.10
100.00
$
6210.00
A.2.d.
A.2.d.

Date
09/10/07
rev. depo of Dennis Arnold (20pgs) made

notes; rev depo of Dr. Appel (30 pgs), made
notes; rev depo of Dr. Gravenstein (42
pqs)made 4 pgs notes
rev. memo in support of D request for
foreseeablility instruction (8 pgs)
Meeting with client
meeting with codefendant attorneys, pretrial
prep and procedure, distribute jury list
review jury list (1450 names on venire)
review Judge's order re: jury instructions he is
giving on charges
joint meeting with codefendant attorneys, go
over jury list together (initial review) meeting
with Dr. Siebert (attended 3 hrs of the 5 hr
meeting)
short meeting with codefendant attorneys re:
additional attorney getting involved (objections)
review Dr. Foland report (pp. 19384-19393)
make notes, rev Sacred Heart records
(pp.19394-19400), cont review dr. Foland's
stmet, make notes for direct/cross of Foland;
rev motion for in camera review filed by State;
review Dr. J. Jenkins report and related Sacred
Heart records (approx 60 pgs), rev Dr. Jenkins
statement, make notes
organizing, and preparing files with all
witnesses, exhibits etc for trial (74 witnesses)
rev. of timeline of events from EMS to transfer
to Sacred Heart ( 12 oas)
meeting with codefendant attorneys (trial prep,
prep for meetinQ w/ JudQe that day)
meeting with W. Graham to go over possible
cross/direct exam of our jointly assigned
witnesses; discuss strategies
meeting with client go over direct exam, trial
procedures and other trial prep
go over to courtroom, test technology
equipment, view layout of courtroom (for 11
attorneys and 8 defendants)
prepare jury selection questions; review depo
of Dr. Bledsoe (32 pgs) Anita Segers (24 pgs)
Dr. T. Andrews (70 pgs) makes notes for all
witnesses files
09/11/07
09/11/07
09/12/07
09/12/07
09/12/07
09/15/07
09/17/07
09/17/07
09/18/07
09/18/07
09/19/07
09/19/07
09/20/07
09/20/07
09/21/07
Service
Type
Obtaining/Reviewing
Records
Time
Increment
3.50
Obtaining/Reviewing
Records
0.30
1.50
2.00
Other
Obtaining/Reviewing
Records
1.50
0.30
3.00
0.50
Obtaining/Reviewing
Records
3.50
Other
3.50
Obtaining/Reviewing
Records
0.40
2.00
1.00
3.00
Other
0.70
Obtaining/Reviewing
Records
4.00

09/21/07
09/22/07
09/25/07
09/25/07
09/27/07
09/28/07
09/30/07
10/01/07
10/01/07
10/02/07
10/02/07
10/02/07
10/02/07
10/03/07
review of Judges faxed trial management order

and diagram (3 pgs)
meeting with codefendant attorneys and
clients; trial prep-final review of 1450 jury
venire, go over issues to cover with each
witneses; qo over jury selection questions
meeting with codefendant attorneys, re: final
trial strategies before jury selection; go over
final jury list, assionment of duties
research jury selection cause challenges re:
not presuming innocent,orint and review cases
reviewing notes from client for trial prep,
research for cross-exam of Dr. S. Turner, (her
background, DJJ policies archives and newly
passed for medical, prep corss exam of Turner
meeting with client (2.0); review motion for
rehearing for motion in limine #4, review joint
stipulation of facts (.5)
prepare draft of opening statement
meeting with co-defendant attorneys-final trial
prep and discussion of duties and strategies
further review of information pertinent to Dr.
Turner cross exam; research case law "calling
witness as expert when not listed as expert";
trial prep of cross exams
meeting with codefendant attorneys re: state's
daily witness list, dividing up and discussing
our final witness list
meeting with client
meeting in courtroom to review layout of
changed courtroom and set up of equipment
and rooms
prepare final opening statement, practice
opening statement, review all files and
information pertinent to day 1(10/3) of trial
review depos and statements of witnesses to
be cross-examined on 10/4
(F oland/Ebied/Andrews)
Obtaining/Reviewing
Records
0.20
6.00
3.50
0.80
Obtaining/Reviewing
Records
3.00
2.50
Other
1.00
2.00
3.00
1.30
InvestigativeWork
2.20
0.80
Other
4.00
Obtaining/Reviewing
Records
1.50
Total Time:
Rate:
62.50
100.00
$
6250.00
A.2.d.
A.2.d.

Date
10/04/07
review depos and statements for witnesses to

testify on 10/5 of trial (J.Jenkins, Bledsoe,
Adams)
Meeting at PD's office Re: Defense case,
review tape and go over testimony
review depos and prep for cross exam for
state's witnesses on 10/8
prepare for direct exam of client for trial (final
draft) on 10/9; review files for witnesses to
testify on 10/9
review depos and statements for witnesses on
10/10
prepare closing argument and review several
times
10/06/07
10/07/07
10/08/07
10/09/07
10/11/07
Service
Type
Obtaining/Reviewing
Records
Time
Increment
1.50
3.50
Obtaining/Reviewing
Records
1.50
Other
1.60
Obtaining/Reviewing
Records
1.50
Other
2.00
Total Time:
11.so

Rate:
100.00
$
1160.00
A.2.d.
A.2.d.
FILED
2001NOV
2q A
STATE OF FLORIDA
Plaintiff,
/1:30
HAROLD
BAZZEL
CLERKOFCIRCUIT
COURT
V.
CASE NO.: 06-4016-CFMG BAY COUNTY.

fLORIOA
KRISTIN SCHMIDT,
Defendant.
JUDGE: MICHAEL OVERSTREET
ORDER APPROVING PAYMENT OF ATTORNEY'S FEES,

COSTS OR RELATED EXPENSES
THIS CAUSE having come before the Court upon the Motion for Attorney's Fees,
Costs or Related Expenses pursuant to Makemson v. Martin County, 491 SO. 2d 1109
(Fla. 1986), awarding compensation in excess of the statutory cap, and costs/expenses
for services rendered as court-appointed counsel in the above-captioned case filed by
Attorney Ashley Stone Benedik for the representation of KRISTIN SCHMIDT, an
indigent person, in the above entitled cause; and
THE COURT having reviewed the Motion to Exceed Statutory Cap for CourtAppointed Counsel, the billing and the response submitted by the Justice Administrative
Commission finds that the fees, costs or related expenses as set for below are
appropriate and reasonable and have been incurred as a result of unusual and
extraordinary circumstances; therefore it is hereby
ORDERED AND ADJUDGED that the amount of $36,600.00 for attorney's fees
for Attorney Ashley Stone Benedik whose Florida Bar No. is 980129 and that the
Justice Administrative Commission shall process said billing for payment by the State of
Florida upon receipt of a copy of this Order.
_"~ONE AND ORDERED at Panama City, Bay County, Florida this d

of
/J!t7!tKl,2007,
I
c::::
Honorable Michael Overstreet

Circuit Judge
xc:
Ashley Stone Benedik, Esq.
Justice AdministrativeCommittee
day

Martin Anderson: Every-Docket-Item-06004016cfmg - State of Florida vs. Schmidt, Kristin Anne

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06004016CFMG - STATE OF FLORIDA vs. SCHMIDT, KRISTIN ANNE

Case Type: Criminal Felony

Uniform Case Number: 032006CF004016XXGXMX

Clerk File Date: 11/28/2006

Status Date: 11/29/2007

SAO Case Number:

Total Fees Due: 0.00

Agency: STATE ATTORNEYS OFFICE

Agency Report #: M OBER

Custody Location: RELEASED

SCHMIDT, KRISTIN ANNE

AGGRAVATED MANSLAUGHTER OF A CHILD (78207 3)

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DRIVER NOT WEARING A SEATBELT

CLOSED FOR OTHER REASON

ORDER APROVING PAYMENT OF ATTY FEES/COSTS/REL. EXP.

REOPENED FOR OTHER REASON

DEFT'S MOTION TO EXCEED STATUTORY CAP FOR COURT-...

DEFENDANT APPEARED PRES W/ATTY FOR JURY TRIAL SEQ: 1

VERDICT OF NOT GUILTY SEQ: 1

DEFENDANT ENTERED PLEA OF NOT GUILTY SEQ: 1

DEFENDANT FOUND NOT GUILTY BY JURY OF PEERS

SURETY BOND 2512612337 RELEASED 25000.00

OVERSTREET MICHAEL C (DIV G)

ACQUITTED SET FOR 10/12/2007 AT 11:30 IN CCW/ , JDG:

JURY SEATING CHART

JURY PAYMENT INFORMATION

COURT CLERK MINUTES

PROSECUTOR: MICHAEL C. SINACORE ASSIGNED

COURT CLERK MINUTES

COURT CLERK MINUTES

COURT CLERK MINUTES

COURT CLERK MINUTES

COURT CLERK MINUTES

OVERSTREET MICHAEL C (DIV G)

JURY TRIAL SET FOR 10/12/2007 AT 08:00 IN CCW/ , JDG:

OVERSTREET MICHAEL C (DIV G)

JURY TRIAL SET FOR 10/11/2007 AT 08:00 IN CCW/ , JDG:

OVERSTREET MICHAEL C (DIV G)

JURY TRIAL SET FOR 10/10/2007 AT 08:00 IN CCW/ , JDG:

OVERSTREET MICHAEL C (DIV G)

JURY TRIAL SET FOR 10/09/2007 AT 08:00 IN CCW/ , JDG: