January 31, 2012 at 8:14 a.m.
England charged with misconduct in office, theft
Human remains found in defendant's garage
England, 44, is accused of keeping part of a deceased person's spine, and tissue from another body, for the purpose of training her dog to search for human remains.
England made a brief appearance in Oneida County Circuit Court Monday afternoon to hear the charges against her. Her attorney, Joel Hirschhorn, requested a preliminary hearing but asked that it not be held until at least mid-March. An exact date for the hearing was not set.
England was arrested earlier this month but formal charges were not filed until Monday.
According to the complaint, England and Det. Sgt. Shannon Murray traveled to Fond du Lac Jan. 3 to deliver a body to be autopsied. When they arrived, the forensic pathologist was conducting an autopsy on a person who died in Forest County. When the Forest County autopsy was completed, Murray observed England ask for a plastic container. Murray then observed England "picking tissue" out of a plastic bag near the Forest County body and placing it in the container. Murray later reported during the ride back to Rhinelander England told her she had a part of a spinal column, apparently from the body they had transported together.
"The defendant made a comment on how lucky she was to have gotten the section of the spine because bone was hard to come by for training her dog," the complaint states.
Murray also reported England told her it was not necessary to tell funeral home personnel in Rhinelander about the specimens she had obtained.
When confronted by police, England claimed she had permission to take specimens from the Forest County body (she had been working as a medical examiner in Forest County at the time) but admitted she did not have the authority to take tissue from the other body.
During the execution of a search warrant at England's residence Jan. 4, human tissue was found on a shelf in the garage. Some of the human tissue was contained in a plastic bowl and other items were in Ziploc bags. The bowl and Ziploc bags were protected by a white plastic bag and brown paper bag, according to the complaint.
Defense attorney Hirschhorn said after the hearing, the facts of the case may seem grisly but the whole picture has yet to be painted. He said there are "reasonable and plausible" explanations for England's behavior.
A key question, he noted, is whether England had permission to take tissue samples.
"Once you get past the original emotional shock, then the question is did the family consent?" Hirschhorn said, adding that England believed she had permission from the next of kin to take tissue from the Forest County body. "She had the distinct impression she had permission. They were here today and now they're claiming they didn't (consent) but when you suffer the loss of a loved one you don't necessarily always remember what happens immediately afterward."
Hirschhorn said England did not try to hide her activities and had no criminal intent.
"When you get past the emotional reaction, misconduct requires some sort of criminal intent," he said. "I think Traci England's conduct was consistent with the most altruistic and innocent of intent and motive and purpose. From my perspective, Traci England is not 'not guilty,' she is innocent."
England resigned her position following her arrest.
If convicted, she faces a maximum sentence of 3 1/2 years in prison on the felony misconduct in office charge and nine months in jail on the theft charge.
Heather Schaefer may be reached at [email protected].
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