Panama City, Bay County, FloridaTuesday, April 16, 2013
By: Kevin Earl Wood, allunited@bellsouth.net
By all appearances the State of Florida and representatives of Jackson County, Florida seem to be coming together on exhumation plans for the disinterment of the childrens’ remains buried on the grounds of the formerly known School for Boys in Marianna, Florida.
Assistant Attorney General Nick Cox (left) and Jackson County Attorney Frank Baker (right) Present Their Case for Exhumation to Circuit Judge William Wright
During a hearing on the State’s Petition for Exhumation, and Jackson County’s Motion to Intervene in the legal action, Circuit Judge William Wright, Jackson County, appeared not yet ready to grant the State’s Petition.
Judge Wright raised several questions during the hearing that he posed to the State’s representative, Assistant Attorney General (AAG) Nick Cox, and Jackson County’s representative, attorney Frank Baker appeared together and united for the hearing. For now the judge has recognized the intervention of Mr. Baker in the court proceedings.
Judge Wright questioned whether the proceedings were even needed because of the medical examiner law in Florida that may give the medical examiner jurisdiction and authority to conduct the exhumations without a court order. Section 406.11 Florida Statutes provides that a medical examiner has jurisdiction to conduct autopsies in cases where certain circumstances are met.
These include in part where an individual dies (1) of criminal violence, (2) by accident, (3) suddenly, when in apparent good health, (4) unattended by a practicing physician or other recognized practitioner, (5) In any prison or penal institution, (6) in any suspicious or unusual circumstance, (7) by disease constituting a threat to public health, and (8) by disease, injury, or toxic agent resulting from employment.
Dr. Michael Hunter, Medical Examiner for the 14th Judicial Circuit of Florida
All of the above elements appear to be present in the Dozier case thereby giving the Medical Examiner, Dr. Michael Hunter, jurisdiction to perform, “such examinations, investigations, and autopsies as he or she shall deem necessary”, as Section 406.11 Florida Statutes states.
Judge Wright also raised the question that Section 406.11 Florida Statutes was enacted in 1970, long after the deaths of children, and at least two adult employees, occurred. Judge Wright posed the question, does the statute apply to the remains of these individuals today?
The court and the attorneys also considered that in the case of Dozier that even though criminal evidence may be obtained by the exhumations and autopsies that criminal prosecutions would be nearly impossible. Judge Wright pointed out that only a “capital” case would overcome statute of limitations barriers to prosecution.
Judge Wright has given both Mr. Cox and Mr. Baker thirty (30) days to respond in writing to the court as to these questions and then a new hearing would be set. Mr. Cox expects to reply sooner.
Section 872.05 Florida Statutes further sets out that the discovery of “unmarked human burials” less than seventy five (75) years old would come within the jurisdiction of the medical examiner. This would include some of the shallow grave, unmarked burials at the Dozier “school”.
Florida State Archaeologist Mary Glowacki – Authorized and Signed Off of Dozier Exploration Permit
According to Mary Glowacki, the Florida State Archaeologist, even “unmarked human burials” older than Seventy five (75) years would still be under the jurisdiction of the medical examiner, and not the State Archaeologist, because of the elements present under Section 406.11 Florida Statutes.
As a result, Dr. Hunter has now accepted jurisdiction under Section 406.11 Florida Statutes.
Ms. Glowacki has issued a permit to a team of forensic anthropologists from the University of South Florida (USF) to investigate the Dozier (state-owned) property with the purpose of identifying unmarked graves located there. Approximately fifty (50) graves have been located to date by the team led by Dr. Erin Kimmerle, a forensic anthropologist.
One grave in particular is being sought. Glen Varnadoe is seeking the remains of his uncle, Thomas Varnadoe, who died under suspicious circumstances at Dozier on October 27, 1934, in order to have the remains returned to the family for a proper burial. Coincidentally, this is the same day that Claude Neal was lynched outside the Jackson County Courthouse. Thomas was thirteen (13) years old.
Assistant Florida Attorney General Nick Cox Discusses the Exhumation Case With Glen Varnadoe Before a Hearing with Judge William Wright
A judge has ordered that the Dozier property not be sold until Glen Varnadoe, with the assistance of USF, has located Thomas Varnadoe’s grave at Dozier.
Currently work is being done on the south side of the Dozier property by USF searching for another graveyard where Thomas Varnadoe may be buried.
After the hearing before Judge Wright, Glenn Varnadoe and AAG Cox met with Marianna historian Dale Cox in the archive basement of the courthouse. The news media was excluded from the private meeting.
The purpose of the meeting, however, was for Dale Cox to provide assistance to AAG Cox and Mr. Varnadoe to locate other families of those believed to be buried on the Dozier property.
Jackson County Historian Dale Cox Researching the Jackson County Archives in the Jackson County Courthouse Basement
Donation Citing Dale Cox as “Citizen of Year”
Dale Cox is highly respected in Jackson County and Marianna and has been designated by the Jackson County Commission to represent the interests of Jackson County and to assist Jackson County Attorney Frank Baker.
After AAG Cox and Glenn Varnadoe met with Dale Cox they proceeded to the Dozier southern property where USF and Dr. Kimmerle and her team are searching for the “white” graveyard and the Varnadoe remains. The media again was excluded from the Dozier property citing the danger of moving equipment being used.
Representatives of the Department of Juvenile Justice (DJJ) and USF did advise Bay Community news at the main gate that no graves have yet been located on the southern parcel of the Dozier campus.
White House Boy Robert Straley in Front of the White House Torture Chamber
Surviving “White House Boy” Robert Straley commented, “Judge Bill Wright stated at the very beginning of the court hearing that he did not want to make a mistake. Considering that he is a Panhandle Judge with all of Jackson County looking on, he made a smart move by shifting the matter back into the hands of the lawyers, Attorney General’s Office and the Medical Examiner. This gets him off the hook for the moment and perhaps he will not have to rule at all. If this does come back at him and he must make the decision to go onward with the exhumations it will appear that he had no choice. Hopefully, the Judge will not be influenced so much by the opinion of the community that justice cannot prevail in the Dozier situation.”
When Judge Wright will have another hearing is currently unknown.