Legal News

I found the report fair, in the following respects: that they did mention staff members, who had witnessed beatings or saw the results, stating that they felt the beatings were extreme, and /or , some had seen blood on the boys clothes, or bodies.

However, I found the report to be extremely bias and composed to favor the State. Much attention was given to the beatings as being: "acceptable for the time" that it was legal at the time to punish boys with the whip, and played down the tone of the beatings themselves so that the reader would assume that the allegations of 50 to 100 lashes were merely embellishment on the victims part.

Flogging with leather whips was banned in 1922 by Governor Hardee when Martin Tabert, a young man of 22 was whipped to death in a Florida labor camp. It was labeled "Florida's Disgrace" and the uproar it caused resulted in the Governor's ban. However, the same instrument of punishment was used on boys as young as nine to seventeen years of age in the Florida School for Boys for the next 45 years. It was finally stopped in 1968 by Oliver J. Keller, head of the new State Youth Services Agency-- he banned the strap and paddles. Note: This was done under Governor Claude Kirk's administration.

One has to bear in mind that the Florida Department of Law Enforcement is an entity controlled by the state. The state also is funding the defense of Troy Tidwell, one of the most notorious Whip Masters. How can we expect that an investigation, carried out by the state's own entity would result in a judgment or charges against the state?

They have done the same thing they did in the investigation of the 32 unmarked graves. Not one grave was dug up, no ground penetrating radar or cadaver dogs were used, it was merely explained away on paper. Even so, they had to admit that at one time the crosses have been removed and then placed back in the graveyard by guess work only.

In a St. Petersburg Times report by Ben Montgomery and Waveney Ann Moore:

According to the school's records, at least 50 more boys who died here remain unaccounted for. In the end, the FDLE determined that 81 people died there, but the official records placed just 31 in the cemetery on the hill. For 60 years, the school had a black campus and a white campus. In the first half of the last century, it was uncommon for blacks and whites to be buried together. But FDLE found no records to suggest there was more than one cemetery.

"We're basing our findings on records, family members, former students themselves," Perez (of the FDLE) said. "Without the evidence to support it, we just don't know."

Without a way to see underground, without proper headstones or a reliable body count, there is only speculation. Perez said the FDLE published the names of the other 50 boys in hopes of generating clues about their whereabouts.

This report follows in the same thread. The report smacks of being superficial and trivial in nature, there is a huge omission of testimony and facts, not to mention the history of the school, in which these abuses are well documented all the way back to 1903. In that time in which we were there, in the 50s and 60s, there were many visits by senators, judges, governors, all which reported that the school was the worst example of a reform school in the nation, called it "A Monstrosity," 1400 Acres of Hell, all in all there are 22 newspaper archive reports that have been open to the public since at least 1958 and are listed on our web site: http://whitehouseboys.com . Many back up our allegations to the hilt. The only archive material I found in this report was the history of the school and a picture of Mr. O. J. Keller, holding one of the straps and a paddle that the boys were punished with.

TESTIMONY FROM STATE OFFICIALS AND NEWSPAPER ARCHIVES
Testimony of Doctor Eugene Byrd

Dr. Eugene Byrd, a Miami psychologist who had worked at the Florida School for Boys, was called on March 4, 1958, to give testimony before the U.S. Senate's committee on the judiciary.

Mr. MITLER. What did the building look like?

Dr. BYRD. A very small building, formerly used for solitary confinement. It has since had the grills removed. It would be approximately a 20- by l0-foot square and is located next to the dining hall. As I indicated, the boys are taken there once a week on Saturday right before the lunch period.

Mr. MITLER. What did you see?

Dr. BYRD. There are 2 rooms, 1 room in which they weighed in, the other room in which they are beat consists of a cot on which they lay down. They are told to hold the head rail and not yell out nor to move. They are beaten by the director of the department, not the superintendent of the school. The superintendent does witness each beating.

Mr. MITLER. Are the blows severe or mild?

Dr. BYRD. The blows are very severe. They are dealt with a great deal of force with a full arm swing over his head and down, with a strap, a leather strap approximately a half inch thick and about 10 inches long with a wooden formed handle. Each boy received a minimum of 15. All boys reported this, and the times I witnessed it, there was no boy who received less than 15 at that time. As I indicated and have a material chart here, I was interested in who was getting these beatings, since there was a very young boy at this time, about age 10, who was unable to hold the bed and received approximately 22 lashes.

Senator KEFAUVER. Go ahead, sir.

Dr. BYRD. Do you want to refer to the chart?

After this is done the boy is told to get up, shake hands with the superintendent, and go on out in a group. This constitutes the actual punishment.

Senator KEFAUVER. What is your opinion? Dr. BYRD. In my personal opinion it is brutality.

From the Miami News March 4, 1958 "Routine Beatings"

A boy to be beaten must lie down on a narrow hospital bed, stretch his arms above his head, and hold onto the bed. He buries his face in a pillow across his arm. A staff member then beats him with a leather strap 22 inches long, 4" wide and a half inch thick. The beatings are called paddling's, Dr. Byrd explains, but they are beatings delivered with the full force of a grown man.

They wear out the straps on the boys. Assistant Superintendent R.W. Hatton does most of this, while Superintendent Art Dozier or Assistant Superintendent H.B. Mitchell, count the blows. Hatton swings his arm all the way over his head and down with force. There's a rhythm to the blows, comments Dr. Byrd. Boys are hit on the buttocks. They must not turn loose of the bars or scream or move. If they do, the licks they have been given don't count. They are allowed to cry.

From The Miami News Feb 26, 1969 "Spare The Rod And..."

The superintendent or, his assistant, or the director of one of the departments takes a strap from a hook on the wall. The individual administering the punishment doubles the strap and very slowly raised over his head. The shadow is clearly thrown on the wall. The boy on the bed sees it, mentally stiffens.The belt falls between 8 and 100 times. After about the tenth stroke, the seams of the sturdiest blue jeans begin to separate and numerous times the boy's skin is broken to the extent stitches are required. That report was from a former House father at Marianna, now personnel manager at another Florida institution. He says: the strap was wielded by a man who was at least 6'3" and weighed well over 200 pounds. His swing could be likened to a strong tennis serve with a whip-like effect at the end of the downswing. "The results are sickening. The child quivers and writhes in a contorted manner from the pain of a sadistic treatment, not only repulsive but somewhat criminal in nature."

Another supervisor who trained for a year at Marianna described a boy's buttocks as: "bleeding profusely: the skin was broken....."

From the Miami News March 5, 1958
"Beatings Shock Collins"

Art Dozier, Superintendent of Marianna, has conceded that boys are regularly paddled with a leather strap. Gov. Collins asked to comment on reports of mass beatings, said today he would reserve final judgment. "I can't believe that there is any brutality going on or that Mr. Dozier would be permitting anything wrong," the Governor said.

"I wasn't aware they use corporal punishment, and I never knew the beatings, I have to side against the use of corporal punishment. I don't approve of it."

"Corporal punishment in my estimation is passé, commented R.A. McFarland, Head of the Sheriff's Juvenile Aid Bureau. "According to the civil rights laws you can't beat an adult. Why allow the beating of children?"

From the Miami News March 5, 1958

Beatings "Only Weapon Effective On Bad Boys"

Florida law does not permit corporal punishment of adults in jails. It does allow children to be whipped, strapped and paddled.

Corporal punishment should not be tolerated in any form, says the Children's Bureau of the US Department of Health, Education and Welfare, in preparing "Guides and Goals" for institutions serving delinquent children.

It was well known for years that boys were being abused in a harsh and extreme manner at FSB. Many people in the town of Marianna had this knowledge as well, however, due to their collusion with the school over jobs and money, the citizenry has remained silent. The simple fact is that no one in the town of Marianna has found the courage to stand up and acknowledge that the stories are true.This gives me the feeling that they are responsible as well, their silence alone is a collusion to the abuse that occurred there.

After searching the article, as to the beatings, I find there is no mention of any other boy/man other than the original four White House boys, Roger Kiser, Robert Straley, Michael O. McCarthy and Dick Colon. There are probably 75 to 100 men that received worse beatings than the above mentioned. Donald Smith and Jerry Cooper, each received well over 150 lashes, yet they are not mentioned. Jerry Cooper, at his own expense, took a lie detector test to confirm that his allegations were true. He passed the test and challenged Troy Tidwell to take a lie detector test as well. He was also taken to a FDLE lab and test for residual scarring which came up positive.

In Tidwell's statements of the beatings he says: "I never gave more than 10 gentle blows." The fact that they only mentioned abuse concerning the original four White House Boys shows that it is only an attempt to destroy our character and credibility, especially due to the fact that they each control web sites with much information concerning the abuses. What of the boys who suffered much worse? Are their stories of less importance?

Superintendent Lenox, Williams stated that the students received 10 to 12 licks at the most. Former Home Life Supervisor William Mitchell stated that he was present during the spankings and students received 5 to 10 licks at most. Troy Tidwell stated that 10 licks were the maximum for even the most serious offenses. In his deposition Tidwell describes the lashes as being 10 gentle lashes. The same as he would use on his own children. I personally, did not receive any of those gentle lashes. I have not spoken with any other FSB child inmates that did.

Even though the report contained statements by several former cottage fathers that the beatings were extreme and there was blood on some boys, the repeated statements of the number of licks as being 5 to 10 is the most outrageous and outstanding lie in the whole of this document. To trivialize these beatings is the worst mistake that the FDLE has committed thus far. This will only anger the men who suffered these beatings and will only cause them to be more resolute in their efforts for justice. Having read many comments at the bottom of news stories, the bulk of the comments were negative where the FDLE's report was concerned, so the citizenry of Florida are not necessarily buying their story.

HERE IS A LIST OF MEN WHO AS BOYS DID NOT RECEIVE 10 GENTLE BLOWS

LIST OF BOYS BY NAME, AGE, NUMBER OF LASHES, NAME OF WHIPPER, COMMENTS, WhipMasters by Last Name

Note: This list consists of 58 men who sent in their stories. There are 242+ that have not sent in stories, but the lawyers have their names and I am sure they will testify as to the beatings they received. As you will note there is not one boy who received the "ten gentle licks during what the FDLE described as "Spankings" As Dr Byrd said as he testified during the U.S. Senate's Committee on the Judiciary: "In my personal opinion it is brutality."

• Jerry Cooper 135 lashes By: Tidwell

• Jim James 80 Lashes By: Tidwell

• Don Smith 164 Lashes 67 lashes then 97 lashes (for talking of beating), same day By: Walters & Williams. Cottage Father Hollon threatened to go to authorities, left 30 days later.

• Bill Haynes 145 Lashes: 45 lashes then 100 By Tidwell & Hatton on same day

• Freddie J. Williams 100 lashes By: Crockett

• Frank Marz 16 yrs old 100+ Lashes

• Billy Foote 63 lashes By: Burgress Has scars

• Arthur Huntley 12 yrs old 75 lashes

• Harold Sizemore 8 yrs old 30+ Lashes By: Hatton

• Freddy Surber 11 yrs old 40 Lashes with a board By: Hatton w/Marino as witness, 15 lashes on another beating.

• Jim Blount 12 yrs old 20+ By: Hatton / Dozier Witness

• Clifford Hastings 50+ lashes By Hatton Sent to Hospital

• Willie Roberts 52 Lashes By: Unknown

• Paul Waldron 12 yrs old 70 Lashes Taken to Hospital on stretcher. Has Scars

• Manuel Giddens 46 Lashes By: Hatton

• Patrick Hogan 15 yrs old 50+ Lashes By: White

• James McKinley Mutter 100 Lashes By: Hatton and beaten with fists to groin, taken to hospital, stitches in head, swollen testicles, in Hospital 3 days. Mother of another boy took pictures, he was given 25 more lashes by Hatton and told to keep quiet.

• George Stalvey 14 yrs old 65 Lashes By: Tidwell Taken to Hospital

• Larry Houston 14 yrs old 39+ By:____

• Captain Phillip Savill 14 yrs old 45 Lashes By: Tidwell / Williams as Witness plus another beating for talking about the whipping and 30 days solitary.

• Stu Kruger 15 yrs old 37-40 Lashes By: Hatton Taken to Hospital, two days to walk.

• C.E. Gene Rogers Jr. 82 Lashes for Running BY: Tidwell

• Joe Middlebrooks 75 Lashes By: Hatton / Tidwell Witness

• Jimmy Turner 22 Lashes By: Burgess

• Daniel Holloway 14 yrs old 30 Lashes By:_____ Plus 60 days solitary for running.

• Charles Taylor 15 yrs old 52 Lashes By: Hatton / Dozier witness

• Richard Paul Markwalter 27 lashes 1st Time, 52 Lashes 2nd Time Skin Broken & Bleeding

• Ron Pesce 12 yrs old Beaten Bloody w/wooden paddle w/Holes

• Dennis Kimball 15 yrs old 45 lashes By: Hatton / Tidwell Witness

• Jonathan Coker 14 yrs old 26 Lashes By Tidwell, 29 BY: Hatton (split skin), 25 Lashes By: Zitch

• Ellis Edwards 11 yrs old 15 Lashes+ By: Tidwell / Walters Witness

• Frank O'Conner 25 Lashes By: Tidwell

• Bob Baxter 25 w/wooden board then 50 w/same Hospital 3 days Scars. Notes that the wooden board was worse than the whip as he had experienced both.

• Thomas Halstead 38 Lashes By: Hatton / Borkhart Cottage Father Witness

• Phillip Martin Went Down 10 Times, Beaten Bloody By: Tidwell, Miller, Crockett

• Samuel Weese 17 yrs old 25 Lashes By: Tidwell / Williams Witness Two other beatings of 25 Lashes.

• Eric Utley 40 Lashes Twice By: Williams, 45 Lashes by: Tidwell / Williams Witness

• Manuel Giddens 46 Lashes By: Hatton

• John King 12 yrs old Whipped 4 times, had to hold down boys 8 times.

• Ski St. Clair 30 Lashes By: Tidwell

• John Bennett 17 Lashes By: Tidwell and 23 More by Tidwell

• Jimmy Turner 15 yrs old 20 Lashes

• Michael Brandenburg 140 Lashes for running-Held down by kitchen boys Hospital 1 week.

• Carl Ford 50+ By: White / Miller Witness

• Paul Elgin 35 Lashes Two Times

• Roy Blanchard 10 yrs old Beather and kicked by other boys at the request of the supervisor on duty

• David Vaughn 20 Lashes By: Hatton

• Floyd N. Williams 13 yrs old 10 trips to whitehouse By: Hatton & Dozier

• Blue Thomas Smith 14 yrs old 30 Lashes By: Tidwell / Davis Witness solidary 11 days

• Walter Homman 15 yrs old 15 Lashes, 29 Lashes BY' Hatton / Dioxon Witness 45 Lashes By: Dixon

• Charles Fudge 11 yrs old Beaten By: Tidwell & Hatton

• Charles S. Taylor 15 yrs old 52 Lashes By: Hatton/ Dozier Witness

• Charles Wayne Howard 15 yrs old 30 Lashes Has 4" Scar

• Gene Luker 12 yrs old 35 Lashes Solatiry 6 Weeks

• Randall Morgan Steed 16 yrs old 40 Lashes at Gunpoint

• Frank Richard Wells 31 Lashes By: Tidwell

• Alan N. Sexton 14 yrs old 37 Lashes By: Tidwell / Hatton Witness

• Phillip Marchesani Ran twice, beaten in woods after the ban on whipping at FSB

RESIDUAL SCARING ISSUE
The FDLE leans very heavily on the phrase "residual scaring." In my opinion, except for some of the extreme beatings, such as the 100 lash beating for running away, at our younger age then, I believe the skin would have healed, so as to leave no scarring. I think a physician or specialist should be consulted as to whether or not a beating given at that age would have left any residual scarring. I notice that there was no mention of this particular aspect being investigated. Where is their medical evidence or statement by a certified physician in this subject? Why were other men who reported scarring not tested? I intend to investigate this immediately.

IGNORE THE LAWYERS ?
I also notice there was no reference whatsoever to any of the six items in the lawyer's letter of January 19, 2010, which included 12 client affidavits, numerous newspaper articles, a 1958 Senate hearing transcript in a 1943 letter from Dozier her to a parent acknowledging the use of corporal punishment at FSB.

A STATEMENT THE FDLE WILL NEVER PRINT
I noticed there was no acknowledgment of this statement made by Sheila Wexler, who was Dr. Wexler's daughter. His daughter remembers helping her father, who had poor eyesight, when their family lived on campus. Sheila Wexler says she occasionally treated boys who had cuts or welts on their behind. "But if they needed a stitch, It would the only be a few." Would you beat your child until they only needed to use stitches? A casual, horrific statement shows the mind set of the staff at Marianna, as openly stated by Dr. Wexler's own daughter. A statement that supports the victims allegations of savage beatings.

THE STRAP
As to the allegations that the strap was weighted with sheet metal, I cannot say that I saw this personally, I did hear from other boys who stated that they did see the metal. When I was beaten the force of the blow drove me down at least one foot into the spring mattress, and I made the mistake of looking to see what in the world was hitting me with such force. For that I received an extra 10 lashes.

AN UNBALANCED REPORT
In a report, several boys were quoted as having to have said that they got what they deserved, or were in no way traumatized, or that no student was ever sent to the White House without a specific cause. In the report there are six comments of this nature. When the story broke, I received phone calls from over 100 men, out of that I can only remember three that said they were not traumatized by the whippings. If you take the five examples that the state notes in the report and put that up against 294 other men, one can see that there is a very large discrepancy. Yet somehow, the writer of this document seems to be able to almost balance this out, yet again lending a trivial slant as to the severity of the beatings. It is so obvious, one has to ask if the writer of this document sees all people as uneducated and stupid. Six out of 294 men does not represent a majority, yet the document presses this issue as if it did.

As to Robert Straley's experience in the rape room, it is what was left out that was the most upsetting to me. I consider what they have to say, as well as Commissioner Gerald M. Bailey, to be a personal attack on my character, and testimony. They made no mention of the fact that when Tidwell was on my back with his knees, that I was unable to breath and passed out, or that I told them I felt that the men were afraid they have caused me grievous harm and took me immediately back to the cottage.

I told Mr. Tom Berlinger right up front that I could not remember every detail of that night. The remark: "I'm sure they did something but I really don't know what, it was" was probably an offhand remark. To use that one remark out of a three hour deposition, I consider to be most underhanded.

During the three-hour deposition, only 10 to 15 minutes were recorded. Nearly everything I had to say about the rape room and Tidwell was off the record, I am assuming, since they did not have the recorder on. My deposition was taken by Mr. Tom Berlinger.I found him to be most courteous and understanding during what was an emotional and trying ordeal. I do not believe that Mr. Berlinger is the type of man that would have prepared this statement where my testimony was concerned. I believe it was done by somebody else in the department. I also turned over a copy of my database, unedited, a years worth of work, so as to help them in any manner in their investigation.

I cannot comment on the death in the laundry room section. I was not there at that time.

BLOOD EVIDENCE, AN IMPORTANT ISSUE

As to the White House, building forensic analysis, I believe the rooms in which the beatings occurred would have been pressure washed long ago, when the beatings were stopped. One former inmate who visited the Dozier campus after the Sealing of the Whitehouse Ceremony found there was at least 3" of water standing on the floor. He was told this was the result of a rainstorm. Mold, of which was certainly present in the whitehouse building and, combined with water, would possibly render any findings of blood residue nil. I would like to hear some other opinions from forensic experts as to the water, mold, and passage of time issue.

BLOOD EVIDENCE WAS SEEN

From the St. Petersburg Times Oct 1, 2008

State Senate President Louis de la Parte

Blood was observed by the Florida Senate President: when the director of the state's reform school for boys in Marianna was fired for whipping children, then reinstated by a powerful politician, Florida Senate President Louis de la Parte drove to the school and found the blood-splattered shed where the abuse had occurred. Tampa Bay Online - Oct 2, 2008

From the St. Petersburg Times Oct 1, 2008 (about Louis de la Parte)

His messages were sometimes unpopular, always sincere. Once, when legislation didn't go his way, he was quoted saying this of the others: "I'm sorry that they feel in their hearts that this is the best we can do."

"He's (Louis de la Parte) one of the finest persons ever to serve in Florida government," said former Florida Gov. Reubin Askew. "He was very bright, courageous, and fought often for causes that weren't otherwise popular. He was really one of my all-time favorites in state government."

INVESTIGATIVE FINDINGS

As to the last article entitled investigative findings: There was an area of disagreement between the students as to the severity of the beatings. This is white wash in its purest form, as they are putting the testimony of six men against 294 men, which is certainly unbalanced. Some students stated that mentally they suffered no harm, yet others attest they suffered greatly, and do so to this day. The same unbalanced view is presented in these statements, six students, who suffered no harm against the word of 294, who say they did suffer harm.

All in all, they did throw in a few negative facts in order to create a seemingly balanced statement. However, the extremely biased and self-serving report is a slap in the face to all of the men that suffered the beatings. Why has Tidwell not been charged with abuse charges when there at least 100 men who will testify they were beaten bloody by him? What is wrong with this justice system? How could the State of Florida ban whipping for hardened adult convicts yet use it on children for 45 more years? What is wrong with this picture?

These reports are in no way going to impede our movement towards justice. Hopefully, if we do receive justice, it may create a piece of legislature or change a law that will benefit children that are currently institutions. Even if we lose legally much has happened that has had a positive effect. The abuse at Dozier has been cut down and abuse at other institutions has declined as well as no other institution wants to find it's self under the same scrutiny as Dozier. Daughters, sons, wives, sisters and brothers of some of the victims have found insight into why their dad or husband acted as he did, was unable to express love or maintain a healthy relationship with his children or, in some cases, abused them. Many have found relief and closure upon finally, after many years, discovering why their father or husband was haunted by something he would not talk about. Most of the men I talked to, after the nationwide news broke, had never mentioned Marianna.

The real driving force behind my journey to expose the truth at FSB is the fact that the State of Florida banned the flogging of male prisoners in 1922, yet let that punishment be doled out to children for the next 45 years. This seems legally impossible, yet the statute of limitations and sovereign immunity stand like iron gates---refusing real justice. Terrible things done to children in the dark and the guilty walks free.

I cannot understand how the State of Florida or the people of Florida, or the Government of Florida could let this go on for as long as it did. It's simply flies in the face of reason and morality. The children of Florida, even in that time period, did not deserve this abuse. I was there in 1963, Kennedy was in office, it was an enlightened age yet children in this era were treated no better than slaves in the 1800's, imprisoned and flogged without mercy, hidden from sight in a small Florida panhandle town. The boys just called it Marianna. Since the State has failed to render justice in any manner it is left to us to continue the fight. There has been talk of closing the school, yet no one seems to grasp the obvious: Remove the children and replace them with adults. Adults have more rights than children. No jobs would be lost. Children do not need to be confined in an institution with an abuse record that rivals any in the whole of the United States.

THE WHIP IS IN OUR HANDS NOW
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THE FOLLOWING IS A REPLY FROM BILL HAYNES: