March 25, 2008

Re: SB 40 (2008) – Senator Frederica Wilson

HB 1039 (2008) – Representative Carlos Lopez-Cantera Relief of the Estate and the Family of Jaime Gough

SPECIAL MASTER’S FINAL REPORT

THIS IS AN UNOPPOSED CLAIM FOR $1 MILLION IN FUNDS OF THE MIAMI-DADE COUNTY SCHOOL DISTRICT FOR THE STABBING DEATH OF JAIME GOUGH, A STUDENT, AT SOUTHWOOD MIDDLE SCHOOL IN 2004.

a bathroom stall on the second floor of the school. Jaime died of 41 stab wounds. The criminal case against Michael Hernandez is pending.

After Jaime was stabbed, Student B. G. entered the bathroom and apparently saw Jaime's legs protruding under the stall door. He left the bathroom and told a friend who was waiting outside the bathroom what he had seen and also told a security person. He and his friend reentered the bathroom, he estimates two seconds later, and his friend opened the stall door and they saw Jaime's slouched and bloody body. This time the two screaming boys told the security person what they had seen and the security person told them to remain outside as he entered the bathroom.

Jaime was the son of Jorge and Maria Gough, who have been married for 17 years. He is also survived by his 13- year-old sister, who has received a scholarship from a small private school so that she does not have to attend the same school where her brother was killed or any other public school. Jorge Gough works at a marina cleaning and servicing boats. Maria Gough works as a housekeeper.

Settlement Agreement of 2005 and Addendum of 2007

In a pre-suit settlement agreement, dated August 17, 2005, the parties agreed that the Claimants would receive $1.7 million, of which $700,000 ($200,000, the statutory limit, and

$500,000 in excess insurance coverage) has been paid. The School Board agreed not to oppose the claim bill and “to affirmatively assist Claimants in their application to the Legislature" but it "denied any liability." The School Board also represented in the agreement that it desired "to limit its exposure to a judgment. On November 19, 2007, in an Addendum to Settlement Agreement and Stipulation for Agreed Florida Claim Bill, requiring the Claimants to dismiss a pending public records lawsuit, the School Board admitted liability.

Evidence in Support of Claimants' Position

The President of the National Institute of School Safety discussed, at a School Board meeting in 1999, a pilot program to use metal detectors and/or x-ray machines that was proving successful in decreasing criminal incidents in schools in Chicago and Washington, D.C. At the end of the presentation, it was recommended that the School Board earmark funds for a similar program in three secondary schools in Miami-Dade County.

During the investigation into Jaime’s death, several students told of seeing Michael viewing computer websites depicting pornography, decapitated people, vampires, “. . . skeletons and people being hanged and dead people and a baby getting killed.” One student indicated that a teacher once saw Michael viewing a website that she indicated, in some unspecified way, that she did not like. One teacher indicated that Michael was weird.

Regarding Michael’s behavior and disciplinary record at school, one student said that “the only trouble he’s ever got into is because of talking.” Another said that Michael punched a girl and left a red mark on her and was called out of computer class by security people.

Student R. W. said he would hang out with Jaime, Michael, and A. M. in the mornings before school started. The four of them would sneak into the school and go upstairs to drop off Jaime’s violin and, by that time, “it was almost time for the kids to come up, so we just started walking to class." A. M. said Michael brought a screwdriver to a football game and poked him and Jaime with it, but did not injure them. A.M. also saw Michael with a four or five-inch knife at school the previous year. Another student said Michael told him that he always had a knife in his backpack but that he never saw one.

Evidence in Opposition to Claimants' Position

There is no evidence whether the School Board ever earmarked funds for the pilot program or ever installed metal detectors in some secondary schools in Dade County. There is also no evidence that the School Board appropriated funds for or ordered the installation of metal detectors or X- ray machines at Southwood Middle School.

The facts: (1) that one teacher some how expressed disapproval of a website viewed by Michael Hernandez; (2) that another thought he was "weird"; (3) that he talked too much in class sometimes; and (4) that he once punched a girl in computer class are factually insufficient to give actual or constructive notice that he would become violent towards his apparent friend, Jaime.

Respectfully submitted,

cc: Senator Frederica Wilson Representative Carlos Lopez-Cantera Faye Blanton, Secretary of the Senate

Eleanor M. Hunter Senate Special Master

House Committee on Constitution and Civil Law Tom Thomas, House Special Master

Counsel of Record

Docket for Case No: 07-004286CB

Orders for Case No: 07-004286CB