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Commission Votes To Expel Examiner In Camp Death

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: June 14, 2007

TAMPA - The state Medical Examiners Commission has voted to remove a Panhandle medical examiner criticized heavily for his autopsy report that said a teen beaten at a state-run boot camp died from natural causes.

Commission members and a doctor who has been supervising Charles Siebert had strong words for the Bay County medical examiner, calling into question his thoroughness, honesty and integrity. Siebert has denied wrongdoing.

Despite the unanimous vote Wednesday, Siebert isn't out of a job yet.

Vickie Marsey, chief of the Medical Examiners Commission's bureau of standards, said Siebert can accept the commission's sanction and step down or ask for a formal hearing.

Whatever happens, Wednesday's decision strikes a significant blow to Siebert's career. The commission's action could be used by defense attorneys to question Siebert's credibility any time he is called to testify about one of his autopsies.

Siebert was not at Wednesday's meeting. He issued a statement saying he was told he would not be recognized to speak if he attended. The statement also said he would not comment until he heard official word about the commission's ruling.

The next step in Siebert's possible ouster is unclear. Siebert's position as Bay County medical examiner expires at the end of the month. That leaves a few possibilities.

•Siebert could leave office when his term expires, and the commission's decision would become moot.

•The governor could reappoint Siebert to another full term, and the commission's removal process could continue.

•If the governor does not immediately appoint a replacement for Siebert, the Bay County state attorney could name Siebert as interim medical examiner - a 90-day post. If that happens, the commission is not clear on its authority. The law does not state whether the commission can challenge the decision of a state attorney, commission Chairman Stephen Nelson said.

A spokesman in the governor's office said the governor appoints medical examiners based on the commission's recommendations, and the commission has indicated that it would not recommend Siebert.

Joe Grammer, a spokesman for Bay County State Attorney Steve Meadows, said Meadows is aware that Siebert does not have the commission's recommendation. He said the commission has asked Meadows to search for new candidates. Grammer declined to comment on Meadow's level of support for Siebert, but he said a news conference is scheduled for Tuesday to discuss the medical examiner position.

At Wednesday's meeting, the commission accepted the report of a previous panel that determined Siebert's autopsy of Martin Lee Anderson in January 2006 included misrepresentations and showed negligence of Siebert's duties. For example, the panel determined that several of the examinations that Siebert claims to have made on Anderson's internal organs were not conducted.

The statement Siebert released Wednesday said he disagreed with the panel's report. He did not get more specific.

Stones Left Unturned

Polk County Sheriff Grady Judd, a member of the commission, said a 14-year-old who dies shortly after physical discipline by boot camp drill instructors deserves the best autopsy possible.

'There should have been no stone unturned,' Judd said. 'But there was.'

Despite a videotape showing several boot camp instructors holding Anderson as others struck him, Siebert determined Anderson died from complications of sickle cell trait, a congenital disease.

After a public outcry, the investigation into Anderson's death was removed from Bay County authorities and handed to Hillsborough County State Attorney Mark Ober. A second autopsy performed in Hillsborough County determined that Anderson suffocated after instructors stuck ammonia capsules in his nostrils while trying to revive him. He had passed out during a running exercise.

Since the second autopsy, seven drill instructors and a boot camp nurse have been charged with manslaughter.

Nelson, the Medical Examiners Commission chairman, said the two autopsy reports and other investigative materials provided conflicting information.

'It does not have anything to do with whether or not he can perform an autopsy,' Nelson said. 'It has to do with whether or not he is documenting his thoroughness.'

'A Lack Of Honesty And Integrity'

Barbara Wolf, who has been overseeing Siebert's work since the board put him on probation last year, said the commissioners' words were too light. The issue is not thoroughness, she said, it is 'a lack of honesty and integrity.'

After the commission meeting, Nelson pointed out that Siebert would not lose his medical license because of removal by the commission. The Florida Board of Medicine has that authority. Siebert could get a job as an associate medical examiner in another part of Florida - if someone wants to hire him.

The commission's decision, Nelson said, would affect Siebert's credibility. If Siebert were to testify in court, the commission's vote could be used to attack his credibility.

Whatever happens to Siebert, he will probably testify at least once more. Benjamin Crump, an attorney representing Anderson's parents, said the parents were relieved at the commission's finding because they always thought Siebert's autopsy was wrong. Still, Crump said, Siebert will probably testify on behalf of the boot camp instructors to offer reasonable doubt.

In a March interview with The Tampa Tribune, Siebert stuck by his opinion that sickle cell trait, not the beating, caused Anderson's death.

Reporter Elaine Silvestrini contributed to this report. Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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