January 21, 2015 at 4:06 p.m.
Alleged hiccup in England prosecution complicates civil case
Alleged hiccup in England prosecution complicates civil case
England pleaded guilty last year to two counts of felony misconduct in public office for taking human tissue and other body parts of deceased persons without permission. She used the remains to train her dog to search for corpses and for a law enforcement exercise.
The family of a deceased person whose tissue and organs England allegedly took without permission subsequently filed suit in January of last year. The suit alleges a variety of federal and state claims, and seeks an unspecified amount of money.
In December, England's attorney, Joel Hirschhorn, filed a motion in the criminal case to vacate her plea and sentence. England asserts the special prosecutor violated the terms of the plea agreement by encouraging family members of deceased victims to be openly critical of the deal.
The special prosecutor, Forest County District Attorney Charles Simono, has denied England's allegation. Simono contends he advocated for the sentence contained in the plea agreement, even though some family members testified they wanted a harsher penalty. He further asserts that he did not tell the families what to say during the sentencing hearing.
At issue is jail time. The plea agreement recommended, in part, that England serve 10 days in jail, but Forest County Circuit Judge Leon Stenz sentenced England to serve one year behind bars.
On Jan. 2, attorneys in the civil case convened at the Oneida County Jail to depose England - that is, to question her under oath. At that deposition, Hirschhorn directed England to invoke her Fifth Amendment privilege and not answer questions involving the deceased person whose family filed the lawsuit.
Consequently, the parties in the case want to put it on hold until resolution of England's claim that her plea agreement was breached. The parties are running up against a Feb. 2 deadline to file key motions, and the trial date is scheduled for June 1.
In their request to put the civil suit on hold, the parties said they could not predict when resolution of England's motion to vacate will be final so her Fifth Amendment privilege no longer applies.
"Because of England's assertion of her Fifth Amendment privilege, the parties have been precluded from conducting her depositions, which is essential to their preparation for dispositive motions required to be filed on February 2, 2015," the request reads.
Stenz has scheduled a hearing for Jan. 30 on England's motion to vacate her plea and sentence. Earlier this month, Stenz denied a request by Hirschhorn to release England from jail pending the outcome of that motion.
According to Hirschhorn, if Stenz vacates the plea agreement, the state could attempt to reopen related cases against England that had been dismissed as part of the plea but still considered when she was sentenced.
England could be released from jail as early as this week. Her sentence still includes three years of probation and 300 hours of community service.
Jonathan Anderson may be reached at [email protected].
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