Florida Law Tested
- Florida Law on Hazing Gets Test
St. Petersburg Times - St. Petersburg, FL
09.10.06 - View Entire Archive
In 2005 Governor Jeb Bush signed one of the toughest hazing laws, making 'serious hazing' a felony. Currently, the law is being tested for the first time in a case knows as "the FAMU case." Marches Jones, a pledge in the Kappa Alpha Psi Fraternity was brutally beaten in the Spring of 2006. The criminal trial is proceeding and the world awaits the outcome. Here are some articles detailing the case.
TALLAHASSEE - The pain of being swatted on the buttocks with canes and punched in the head during a fraternity initiation was so intense that a former Florida A&M University student said he couldn't even secribe it in testimony at a hazing trial Friday.
Marcus Jones, 20, told jurors that five Kappa Alpha Psi brothers on trial in the first apparent test of Florida's new anti-hazing law participated in the initiation ritual on four nights in February.
"It's the worst pain I ever felt," Jones testified. "I've never felt pain like that."
At one point it was so intense that he passed out, Jones said.
Jones said he needed surgery on his buttocks and was hospitalized for two days back home in Decatur, Ga. He also temporarily lost hearing due to a torn ear drum. His left ear now has helaed and his hearing is back to normal, but he still has pain, Jones testified.
The prosecution rested later Friday. The defense then briefly questioned Jones' mother, Carolyn Jones, before the trial recessed. Itt will resume after a on-week delay on Oct. 9. The judge and two jurors have conflicts next week and courts will be closed Monday for Yom Kippur.
The hazing took place in a darkened room of a house on the first two nights so he was unable to tell who was hitting him with canes, bare fists and boxing gloves, Jones said. He said after a one-day break, the hazing moved to a warehouse for the next two nights.
Up to 27 pledges initially were blindfolded for part of the hazing there, Jones testified. Later they were allowed to remove the blidfolds, fashioned from stockings and feminine sanitary napkins, and he was able to see their tormentors as the punishment continued, he said.
Jones told the jury that four defendants, Michael Morton, 23; Brian Bowman, 23; Cory Gray, 22; and Marcus Hughes, 21, took turns striking the initiates one at a time with canes as they bent over with one arm stretched forward and the other protecting their genitals.
Assistant State Attorney Frank Allman handed Jones a thick wooden cane with a curved handle and asked him to step down from the witness stand to demonstrate how it was used.
The can made a whoosh as Jones, wearing a suit, tie, gold-rimmed glasses and shoulder-length dreadlocks, swiftly swung it just in front of the jury box.
Later on cross-examination by defense lawyer Chuck Hobbs, Jones bent over to demonstrate the position he was in when hit.
The fifth defendant, Jason Harris, 25, had a different role, Jones said. When a candidate would pass out, Harris would revive them by pouring water on their faces and then admonish "you can take it, be strong," Jones testified.
All five defendants are charged with violating a state law that makes hazing a third-degree felony, with penalties ranging from probation to five years in prison, if it results in death or "serious bodily injury." That term is not defined in the law but is a key issue in the case.
Defense lawyers contend the injuries were not serious. Dr. David Fern, a surgeon who operated on Jones, testified Thursday that the injury to his buttocks was as serious as anything he had seen from an auto accident. But he later acknowledged it was confined to a small patch of skin, had healed nicely and Jones suffered no broken bones or damage to muscle, nerves or veins.
Jones, a sophomore majoring in environmental studies, has not returned to school since the hazing. The university has suspended the accused fraternity brothers pending the trial's outcome and banished Kappa Alpha Psi from campus until 2013.




