Panama City, Bay County, Florida
Friday, April 19, 2013
By: Kevin Earl Wood, allunited@bellsouth.net
State Attorney Glenn Hess, 14th Judicial Circuit of Florida
State Attorney Glenn Hess, 14th Judicial Circuit, Florida, has announced that no criminal charges will be filed against the University of South Florida (USF) research team that is looking for unmarked graves of children at the Dozier School for Boys in Marianna, Jackson County, Florida.
The State of Florida is seeking to exhume the remains of children from approximately fifty (50) unmarked graves identified so far by the Ground Penetrating Radar (GPR) research. A petition to exhume has been filed with Judge William Wright in Jackson County, Florida. No decision has been made by the judge so far.
Dale Cox, a Jackson County historian, had alleged to the Marianna Chief of Police, Hayes Baggett, that there could be criminal violations at Dozier of Section 872.02 that makes criminal the disturbance of a grave. While Chief Baggett did not open a criminal investigation, he did refer the matter to State Attorney Glenn Hess for review.
On April 15, 2013 Mr. Hess issued a two-page report to Chief Baggett finding that no criminal violations had occurred as a result of the exploratory excavations (ground truthing) being conducted by the USF team.
Mr. Hess concluded in his letter to Chief Baggett, “Insofar as the answers to the forgoing questions are negative, no charges appear to be viable at this time. Mr. Cox is to be commended for his concerns and for his diligence. Please make a copy of this letter available to him.”
Jackson County Historian Dale Cox Researching the Jackson County Archives in the Jackson County Courthouse Basement
The USF Team had been issued a permit by the Florida Bureau of Archeological Research, Florida State Archaeologist Mary Glowacki, to conduct GPR and ground truthing research at Dozier to identify unmarked graves.
Mr. Hess framed Mr. Cox’s complaint in two questions:
“1. Did the digging exceed the authorized activities under the permit?”
“2. If so, did the digging constitute a violation of FS 872.02 Florida Statutes?”
Ms. Julia Byrd, a senior archaeologist with the Florida Bureau of Archaeological Research, was contacted during the review and stated that the Digging was authorized by the permit.
Julia Byrd, Senior Archaeologist, Bureau of Archeological Research
Mr. Hess also pointed out that, “Neverthless, subsection (3), of FS 872.02 Florida Statutes, provides an exemption for persons authorized by the Department of State to work in cemeteries. The bureau of Archaeological Research is within the Department, and it has issued a permit for the GPR survey at the Dozier School Cemetery.”
A USF spokesperson, Lara Wade, was contacted by Bay Community News for comment but replied, “we have nothing to add at this time.”
Dale Cox commented, “Mr. Hess examined the law and it was just something that needed to be done. We now have a good understanding of just how far archaeologists can go. We know now that it is legal in Florida for someone to bulldoze over a cemetery so long as they have an archaeological permit from the state. I am glad this part is settled and we will now see what Judge Wright has to say about the exhumations.”
Marianna, Florida Chief of Police Hayes Baggett
Chief Baggett had referred Bay Community News to a February, 2013 New York times article that apparently showed where a bulldozer or similar equipment was used in the excavations at Dozier.
