January 17, 2014 at 1:41 p.m.
England accepts plea deal
Former medical examiner scheduled for sentencing Feb. 10
England accepts plea deal
England, 46, entered guilty pleas to two felony counts of misconduct in office Friday as part of a plea deal with the state. The allegations behind the charges are that England, while employed as medical examiner, took tissue and organs from the bodies of deceased people, without permission, to train dogs to find cadavers.
Sentencing is scheduled for Feb. 10 in Oneida County Circuit Court, a date that had originally been set as the start of a five-day jury trial.
England's attorney, Joel Hirschhorn, and the prosecutor on the case, Forest County District Attorney Chuck Simono, presented a joint sentencing recommendation to the court Friday. That recommendation calls for England to serve three years probation and 10 days in jail. Terms of the probation would include 300 hours of community service, a written apology to victims' families, and the community, to be published by local media and full cooperation in the event of any civil lawsuits. According to online court records, a civil lawsuit was filed Thursday against England and Oneida County. The River News will have more information on the lawsuit as soon as a copy of the complaint is obtained.
England would also be prohibited from taking part in any type of cadaver training or possessing any type of human body parts. The agreement calls for any human remains currently in England's possession to be cremated at her expense and joined with the respective bodies.
In a sentencing memorandum, Hirschhorn said his client understands that some jail time may be necessary to avoid depreciating the seriousness of her actions, but he asked the court to impose the minimum amount of jail needed. Hirschhorn said he believes 10 days in jail will be sufficient.
"Ms. England's punishment for her morally undesirable conduct has already begun," the sentencing memorandum states. "She has been unable to obtain consistent gainful employment since her arrest more than two years ago, and suffers from significant psychological and emotional distress."
According to Hirschhorn, England is currently enrolled at Northeast Wisconsin Technical College working toward a degree in health care information technology with the hopes of finding a job as a medical billing coder.
"There can be no sentence which will be acceptable to all involved," Hirschhorn states in the memorandum. "Whatever sentence this court imposes, some will say: Too harsh; others will say: Too lean. Ms. England is mindful that she has committed a serious, emotionally charged crime, and that she must be punished accordingly. She asks that this court consider all relevant factors when imposing a reasonable sentence."
The maximum possible penalty the court would be able to impose is 3 1/2 years in the state prison system on each of the two felony counts England has entered pleas to. Six other charges were dismissed Friday.
According to the plea deal, Hirschhorn is asking for support from the state in a joint motion for England to withdraw her guilty pleas should Judge Leon Stenz decide to sentence England on Feb. 10 "in a manner inconsistent with" the agreement.
Friday's plea hearing puts the case on track for a final resolution after more than two years. 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 allegedly 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 two more felony charges of misconduct in office were eventually filed in October 2012.
One of the complaints alleges that England used the cremated remains of a person during a dog training session with law enforcement in December 2011 in Madison. According to the complaint, England offered the cremains to the other dog handlers. Law enforcement made contact with the deceased person's family who said they still wanted the cremains but were initially unable to pay for them. According to the complaint, England told them she would hold the cremains until they could pay. However, the complaint says she indicated to the others at the training session that the person's family wasn't interested in claiming the cremains.
The second complaint identifies another deceased person that England allegedly took tissue from and gave to the other dog handlers in Madison. The deceased person was identified from tissue that had been sent to the state crime lab for analysis. According to the complaint, law enforcement contacted the deceased person's family who said they did not give England permission to take tissue.
Kyle Rogers may be reached at [email protected].
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