February 10, 2014 at 4:16 p.m.
Former medical examiner sentenced to one year in jail
Former medical examiner sentenced to one year in jail
Forest County Circuit Judge Leon Stenz handed down the sentence in Oneida County Circuit Court Monday after hearing approximately four hours of argument from the state and England's defense counsel, including several emotionally-charged statements from family members of the deceased from whom people England is accused of taking body parts from.
All of the victims asked for a much harsher penalty than the 10 days of jail time called for in a joint recommendation presented to the court last month when England, 47, entered guilty pleas to two felony counts of misconduct in office.
"She took away from us the very thing she promised - peace of mind," said Walter Olejnik, the father of David Olejnik. England performed an autopsy on David following his death in May 2011.
Walter Olejnik explained to the court that he and his family didn't want an autopsy performed but England insisted and said it would give them "peace of mind" about how David died.
"She wouldn't let it go, and acted in a way that made it seem she would do the autopsy with or without consent, so we agreed," Walter Olejnik said. "We entrusted the remains of our firstborn child to Traci England. As parents we are haunted daily by our decision to trust her. She took advantage of us in our weakest moments."
The Olejnik family is also currently pursuing a civil lawsuit against England and Oneida County.
Family members of other victims addressed the court Monday and made similar comments - that England's actions left a lasting mark that will always be remembered when they think about their loved ones.
Those comments weighed heavily on Judge Stenz's sentencing decision. He said England's actions weren't physically violent but they could be considered aggravated because of the emotional impact they inflicted.
"People can accept the fact that loved ones will die. It's hard but we move on because that's a part of life. But we cannot accept that once you have died you're treated with such disrespect that the dignity that existed in your life is meaningless," Stenz said. "This is a human condition. Everyone understands you don't disrespect the dead in the way that's been done here. That's what makes this aggravated."
England was charged in January 2012 following an investigation that began the day after she and an Oneida County Sheriff's detective traveled to Fond du Lac to deliver a body to be autopsied. According to the criminal complaint, the detective observed England "picking tissue" from a bag near a body being autopsied and placing it in a plastic container. On the return trip, England talked about also taking a piece of spinal column from the body they had just transported, which she planned to use to train her dog. A subsequent investigation occurred and more charges were eventually filed in October 2012.
The joint sentencing recommendation presented to the court last month called for three years of probation with several conditions, such as 300 hours of community service. Stenz followed all those terms except for the recommended 10 days of jail which he described as "woefully inadequate."
"The amount of trauma on the victims is significant," Stenz said. "There should be a deterrent to others who are in positions of public trust. When you are afforded the authority and trust that comes along with public office, you're held to a higher degree of responsibility when you violate that trust."
In making an argument for a lenient jail sentence, England's attorney, Joel Hirschhorn, noted that his client entered guilty pleas when she could have pled no contest.
"As lawyers we all know a no contest plea is designed to move along the plea process where the defendant isn't ready to accept responsibility and truly acknowledge guilt, but here Traci England has," Hirschhorn said.
He said England may not have been thinking about the impact of her actions in the moment, but she has since shown remorse. He also said he understands that England's actions have sparked a strong emotional response, but that shouldn't be the primary factor in determining sentence.
"I have a great deal of sympathy and compassion for the family members," Hirschhorn said. "But I think people's emotions have, in some cases, embellished the facts. I ask the court to do what it is supposed to do and that is be fair. Be just."
One of the defense's witnesses, Shirley Limberg, a psychotherapist who England has been seeing, said in sessions with England it was discovered that "altruistic" motives were behind the former medical examiner's actions. Limberg said England saw cadaver dogs as an important tool in aiding law enforcement's efforts to find bodies and wanted to help.
"It seemed that altruistic motive pushed her beyond what she was supposed to do and that was follow procedure," Limberg said.
The special prosecutor on the case, Forest County District Attorney Chuck Simono, said if it was England's intent to help in the area of cadaver dog training, there were lawful ways she could have used to obtain body parts.
"There was quite a simple process she could have gone through," Simono said. "Instead she took an entitlement mentality and did things on her own."
Simono also referred to comments England is alleged to have made to the Oneida County Sheriff's detective where she describes the body parts she took as her "doggy bag."
"There's just no respect and no consideration whatsoever. There's a detachment and I'm not certain to this day that she understands what she's done," Simono said.
During Monday's sentencing hearing, four different victims were mentioned. Simono said it is the state's belief that those were not "isolated incidents" but rather part of what had been a longtime practice for England. Though much of Monday's testimony reflected a desire to see a harsher penalty than what was laid out in the plea agreement, Simono said he met with the heads of each of the four families and they wanted the plea agreement accepted.
"It was a unanimous decision. Though not ideal, they just wanted it over," Simono said. "I can't emphasize enough the fatigue they expressed (with all the motions and delays over the last two years)."
England made a statement to the court and said it wasn't her intent to hurt anyone.
"I exercised poor judgment and never intended to hurt anyone," she said. "My intent was to help law enforcement. I regret immensely what I have done and I'm accepting the consequences by pleading guilty and hope I can make amends."
Judge Stenz said he viewed England's behavior as far more than just "poor judgment."
"This was an intentional act done knowingly that it violated her obligations and duties," Stenz said. "She may have been motivated by a desire to assist others, but clearly that was misplaced. She assumed she could do what she wanted and did what she wanted. It's probably not surprising that we don't have a lot of court cases to rely on because this is quite frankly something no one expects would happen. We don't have a lot because most people recognize that this type of conduct is repulsive."
As a part of her sentence, England can no longer be involved in any activities pertaining to cadaver dog training or be employed where she has access to deceased bodies.
A full restitution amount is still pending, but Judge Stenz made some restitution determinations Monday. England is responsible for cremation costs for all the victims' families. Stenz also granted additional restitution requests from the Olejnik family. They asked that England pay costs they incurred in order to travel for court dates, as well as for counseling family members have undergone as a result of England's actions.
Kyle Rogers may be reached at [email protected].
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