March 27, 2012 at 7:48 a.m.
Former medical examiner bound over for trial
Former medical examiner bound over for trial
Detective Sergeant Shannon Murray testified she observed England taking tissue from the body of a deceased person from Forest County on Jan. 3 while the two were in Fond du Lac to observe an autopsy of a body from Oneida County.
On the ride back to Rhinelander, Murray testified England told her she also took part of the spine from the Oneida County body. Murray said England told her she was "lucky" to get a piece of the spine because bones are hard to come by.
England indicated she planned to use the bone to train her dog to search for cadavers, Murray said.
Murray also testified England told her the funeral home, where the body was to be transported, didn't need to know about her "doggy bag."
During cross-examination, Murray could not say for certain whether England used those exact words or if the "doggy bag" comment was a paraphrase. She also stated England made no effort to hide or conceal what she did during the trip and the pathologist's assistant was aware that she took human tissue.
Murray testified she mentioned what she observed to her direct supervisor, Lt. Jim Wood, during a "debriefing" the day after the Oneida County autopsy.
"I was telling him about how things went, and what was learned, and I said by the way I have to tell you about this odd thing that happened yesterday, " she said.
After the disclosure, Wood took over the investigation.
During cross-examination, defense counsel Joel Hirschhorn attempted to ask Murray about England's relationship with Sergeant Randy Keller of the Oneida County Sheriff's Office but District Attorney Mike Bloom objected to the line of questioning as irrelevant.
Hirschhorn stated he was trying to show "bias" but Reserve Judge Robert E. Kinney sustained the objection.
"We can't go into credibility at the preliminary hearing," Kinney said.
Oneida County Sheriff Jeff Hoffman has previously stated department administration was aware from the outset of the misconduct investigation that England and Keller had a personal relationship.
He said the department has taken steps to protect the integrity of the investigation by keeping the matter out of the hands of deputies who work directly with Keller and entrusting it to Lt. Wood. According to department policy, Keller is not allowed to maintain a relationship with England while she is suspected of committing a crime.
Wood testified he interviewed England about Murray's allegations and she admitted to taking the tissue and bone. Wood also said England told him she knew she was not permitted to take samples from bodies.
"She told me yes she understood that she could not do that," Wood said, adding that human tissue was later found in England's garage.
During cross-examination, Hirschhorn asked Wood where in Wisconsin statutes it states medical examiners must have permission to take tissue from bodies. Wood could not point to an exact citation but noted the statute relating to medical examiner conduct is quite extensive.
Later, after making a motion to dismiss the charges, Hirschhorn argued England did not intend to keep the spinal section forever and may not have understood that her behavior could be construed as an illegal act.
Kinney denied the motion. He noted medical examiners are trained regarding the importance of preserving the "chain of custody" when dealing with evidence in cases that may become murder investigations and indicated England would surely be aware of her responsibilities in that regard.
Following the hearing, Bloom indicated England's alleged theft of bone from the Oneida County body did not result in a chain of custody issue because the Oneida County death is no longer the subject of a criminal investigation. He noted that a public official such as England would be legally expected to understand all of the rules and regulations of her job and added that England admitted to Lt. Wood she knew she was not permitted to maintain possession of body parts following an autopsy.
Bloom noted the investigation is ongoing and it's "not outside the realm of possibility" that additional charges will be filed.
England will be arraigned April 23.
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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