Aug 21 2007 13:43 g@a/2l/20e7 13:41 8584187699 FDLE O08 ) ) PAGE @4/15 STATE OF FLORIDA MEDICAL EXAMINERS COMMISSION MEDICAL EXAMINERS COMMISSION, Petitioner, vs. CASE NO. 07-1 CHARLES F. SIEBERT JR., M.D. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Medical Examiners Commission, is the entity charged -with responsibility for taking disciplinary action against a medical examiner pursuant to Section 406.075, Florida Statutes. Respondent Charles F. Siebert Jr., M.D., has served as Medical Examiner for District Fourteen of the State of Florida from August 2003 until the. present pursuant to the provisions of either Section 406.06, Florida Statutes, or Section 406.15, Florida Statutes. He is currently serving as Medical Examiner pursuant to Section 406.15, Florida Statutes. The Medical Examiners Commission files this Administrative Complaint against Respondent, Charlies F. Siebert Jr., M.D., seeking to impose discipline upon the Respondent and alleges: Count One MATERIAL MISREPRESENTATION 1, On or about February 16, 2006, the Respondent, as District Fourteen Madical Examiner, did sign a “Report of Autopsy” concerning. Martin Lee Anderson. The date of death was depicted as being on January 6, 2006, with a District Fourteen case number of 06-0012. “Contained in the report is a statement by Respondent Aug 21 2007 13:43 8/21/2687 13:41 8584187699 FDLE O08 ) 4 PAGE 85/15 concerning the thyroid gland, to wit: “The thyroid gland is red-brown and not enlarged,” 2. On or about March 13, 2006, Vernard |, Adams, M.D., District Medical Examiner for District Thirteen, at the request of the Honorable Mark Ober, State Attorney for the Thirteenth Judicial Circuit of Florida, performed a second autopsy of the body of Martin Lee Anderson. During the second autopsy Dr. Adams observed that the thyroid gland had not been sectioned and that it was obscured anteriorly by the still attached sternohyoid and sternothyroid muscles and, posteriorly by the trachea. Both autopsies were performed by reason of the death of Martin Lee Anderson while he was incarcerated at the Bay County Sheriff's Office Boot Camp that was operated in conjunction with the Florida Department of Juvenile Justice, Available to Respondent was documentation of use of force by Bay County Sheriff's Office Boot Camp staff members against Martin Lee Anderson prior to his death, Standard and expected autopsy procedures require a thorough and detailed examination of all physiological and other conditions of a decedent, including the muscles and structures of the neck, 3. The Commission alleges that the representation by Respondent described in Paragraph one could only have been made by directly viewing the thyroid gland which could not have occurred due to the thyroid gland being completely obscured from view by the strap muscles and trachea: 4. The inclusion of the above-noted statement in Paragraph one gives rise to an inference that the Respondent did, in fact, observe the thyroid gland during the Anderson autopsy, The Commission alleges that Respondent could not have made any such observation without freeing the thyroid gland from the sternohyoid and sternothyroid muscles and trachea, which otherwise obscured it from view, Aug 21 2007 13:44 8/21/2687 13:41 8584187699 FDLE O08 } ) PAGE 86/15 Respondent did not remove the thyroid gland from the above-noted body parts that obstructed it from view. Therefore, the Commission alleges the above-noted statement in paragraph one to be a material misrepresentation of data upon which an opinion or conclusion as a medical examiner is based, in violation of Section 408.075(1)(g), Florida Statutes. Count Two MATERIAL MISREPRESENTATION §. On or about February 16, 2006, the Respondent, as District Fourteen Medical Examiner, did sign a “Report of Autopsy” concerning Martin Lee Anderson. The date of death was depicted as being on January 6, 2006, with a District 14. case number of 068-0013. Contained in the report is a statement by Respondent concerning the adrenal glands, to wit: “The adrenal glands have friable soft yellow cortices and soft gray medullae.” 6. On or about March 13, 2006, Vernard |. Adams, M.D., Medical Examiner for District Thirteen, at the request of the Honorable Mark Ober, State Attomey for the Thirteenth Judicial Circuit of Florida, performed a second autopsy of the body of Martin Lee Anderson. During the second autopsy Dr. Adams observed that the “unsectioned adrenal glands were attached to portions of the diaphragm. 7. The Commission alleges that the representation by Respondent described in Paragraph five as to the coloration of the inner layers of the adrenal cortex and the adrenal medullae could only have been made by sectioning the adrenal glands in order to observe their internal structure and coloration. The Commission alleges that the adrenal glands were not sectioned by Respondent or any other District Fourteen Medical Examiner Office member. Aug 21 2007 13:44 g@a/2l/20e7 13:41 8584187699 FDLE O08 PAGE @7/15 8. The inclusion of the above-noted statement in paragraph five gives rise to an inference that the Respondent did, in fact, observe the inner layers of the adrenal glands during the Anderson autopsy, The Commission alleges. that Respondent could not have made any such observation without sectioning the adrenal glands, which Respondent did not do. Therefore, the Commission alleges the above-noted statement in paragraph five to be a material Misrepresentation of data upon which an opinion or conclusion as a medical examiner is based, in violation of Section 406.075(1)(g), Florida Statutes. Count Three NEGLIGENCE 9. On or about February 16, 2006, the Respondent, as District Fourteen Mecical Examiner, did sign a “Report of Autopsy" concerning Martin Lee Anderson. The date of death was depicted as being on January 6, 2006, with a District 14 case number of 06-0013. Contained in the report is the Respondent's statement that “The prostate gland and tastes are unremarkable.” 10. On or about March 13, 2006, Vernard |. Adams, M.D., District Medical Examiner for District Thirteen, at the request of the Honorable Mark Ober, State Attorney for the Thirteenth Judicial Circuit of Florida, performed a second autopsy of the body of Martin Lee Anderson. The second autopsy revealed that a large amount of blood had pooled in the groin area of Martin Lee Anderson. Dr. Adams located the subject's testes in the scrotum, undisturbed. Dr. Adams removed and sectioned the testes for further examination. Respondent's February 16, 2008 autopsy report doas net mention the above-described pooling of blood nor removal or sectioning of the testes. Aug 21 2007 13:44 PAGE 8/15 g@a/2l/20e7 13:41 8584187699 FDLE O08 ) ) 11. Both of the autopsies referred to in paragraphs nine and ten were performed by reason of the death of Martin Lee Anderson while he was incarcerated at the Bay County Sheriff's Office Boot Camp that was operated in conjunction with the Florida Department of Juvenile Justice. Available to Respondent was documentation of use of force by Bay County Sheriff's Office Boot Camp staff members against Martin Lee Anderson prior to his death. The Commission alleges that, given the totality of the circumstances involved in this case, standard and expected autopsy procedures require a thorough and detailed examination of all physiological and other conditions of a decedent, including the groin region. In respect to the groin region, the examination should be accomplished in part by the removal-of and a visual and/or sectioned examination of the subject's testes, 12. The Commission alleges that no such examination of the groin area and testes was performed by the Respondent, The failure to conduct a thorough and detailed examination constitutes a departure from the standard of care and duties of a medical examiner performing an autopsy under the circumstances involving an in- custody death coupled with the use of force. Therefore, the Commission alleges the failure of the Respondent to completely examine the groin and testes area of the decedent constitutes negligence or the failure to perform the duties Tequired of a medical examiner with that level of care or skill which is recognized by reasonably prudent medical examiners as being acceptable under similar conditions and circumstances, in violation of Section 406,075(1)(i), Florida Statutes. Count Four NEGLIGENCE 13. On or about February 16, 2006, the Respondent; as District Fourteen Medical Examiner; did sign a “Report of Autopsy" concerning Martin Lee Anderson. The Aug 21 2007 13:44 g@a/2l/20e7 13:41 8584187699 FDLE O08 ) ) PAGE 89/15 date of death was depicted as being on January 6, 2006, with a District 14 case number of 06-0013. 14, On or about March 13, 2006, Vernard I. Adams, M.D., District Medical Examiner for District Thirteen, at the request of the Honorable Mark Ober, State Attorney for the Thirteenth Judicial Circuit of Florida, performed a second autopsy of the body of Martin Lee Anderson. This second autopsy revealed the presence of subcutaneous hemorrhages in . the thighs and right forearm of Martin Lee Anderson. The -Respondent’s February 16, 2006 autopsy report does not. contain any reference to such injuries. 15. Both of the autopsies referred to in paragraphs thirteen and fourteen wera performed by reason of the death of Martin Lee Anderson while he was incarcerated at the Bay County Sheriffs Office Boot Camp that was operated in conjunction with the Florida Department of Juvenile Justice. Available to Respondent was documentation of use of force by Bay Gounty Sheriff's Office Boot Camp staff members against Martin Lee Anderson prior to his death. The nature and extent of bruising or other subcutaneous injuries. may not be readily apparent on the surface of many African-Americans. Martin Lee Anderson was an African-American. The Commission alleges that, given the totality of the circumstances involved in this case, standard and expected autopsy procedures require a thorough and detailed anatomic examination, and of alf physiological and other conditions of a decedent, including a complete subcutaneous dissection of the decedent for the purposes of determining the nature and the extent of any bruising or other subcutaneous injuries not otherwise readily apparent from an external observation of the decedent's body, 16. The Commission alleges that no such complete subcutaneous dissection of the decedent was performed by the Respondent. The failure to conduct a thorough and g8/21/ 2687 17. Aug 21 2007 13:45 13:41 8584187699 FDLE O08 ) ) detailed examination constitutes a departure from the standard of care and duties of a medical examiner performing an autopsy under the circumstances involving an in- custody death coupled with the use of force, Therefore, the Commission alleges the failure of the Respondent to perform a complete subcutaneous dissection of the decedent constitutes negligence or the failure to perform the duties required of a medical examiner with that level of care or skill which is recognized by reasonably prudent medical examiners as being acceptable under similar conditions and circumstances, in violation of Section 406.075(1)(i), Florida Statutes, This Administrative Complaint is issued pursuant to Sections 120.569, 120.57, 406.02(4)(c), and 406.075, Florida Statutes. Any Proceedings concerning this Complaint shall be conducted Pursuant to Sections 120.569 and 120.57, Florida Statutes, and Chapters 28-106 and 28-107, Florida Administrative Code. NOW, THEREFORE, the Medical Examiners Commission hereby complains against and alleges that disciplinary action should be taken against Charles F. Siebert Jr, M.D., a8 provided in Sections 406.02(4)(c), and 406.075(1), Florida Statutes, for the reasons set forth above and in accordance with the Election of Rights Form and Explanation of Rights Form attached hereto and incorporated herein. ‘BY ORDER OF THE MEDICAL EXAMINERS COMMISSION THIS 5th DAY OF JULY, 2007. DML. STEPHEN J. NELSON, M.A., M.D. Chairman Medical Examiners Commission PAGE 14/15 Aug 21 2007 13:45 PAGE 11/15 g@a/2l/20e7 13:41 8584187699 FDLE O08 CERTIFICATE OF SERVICE ’ | HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by express mail this qe day of July, 2007, to Charles F. Siebert Jr, M.D., at the District Fourteen Medical Examiner Office, 3737 Frankford Avenue, Panama City, Florida 32405. VICTORIA G, MARSEY Bureau Chief, Staff Director Medical Examiners Commission

Docket for Case No: 07-003764PL