Taphophilia.(dot) Com - Crematory cases hit new snag

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Crematory cases hit new snag

Written by DeadGirl
Saturday, 13 May 2006
Crematory cases hit new snag Seabrook man withdraws guilty plea, delaying Wallace trial By James A. Kimble Staff writer BRENTWOOD, N.H. — Prosecutors had hoped James Fuller would begin his year-long jail stint yesterday, only to re-emerge a few days later when he was scheduled to testify against a former funeral home director accused of stealing from his customers. Instead, a judge delayed Fuller's sentencing on fraud-related charges so he can work with a new lawyer in a bid to withdraw his guilty plea. The decision impacts at least two other criminal cases tied to Bayview Crematorium in Seabrook that would have been decided by the end of the month. Fuller is seen as a key witness by prosecutors and defense lawyers in the trial of Derek Wallace, a former Massachusetts funeral director who was headed to trial Monday on theft charges. Wallace, 35, of Salisbury, Mass., was already seeking to put off his trial as well, but Fuller's change of heart only made it inevitable, according to prosecutors. "This case is related to a lot of other cases," Tom Reid, deputy county attorney said. "This will have a significant impact on them." Prosecutors believe Wallace profited by misleading customers at his Bay State funeral homes in Lawrence and Salisbury, making them believe their deceased family members would be incinerated at a Haverhill crematorium when in fact the body went to a Seabrook crematorium owned by his mother. In other cases, Wallace is accused of accepting payments from customers and telling them he used a state-sanctioned crematorium in New Hampshire when he knew he didn't have such approvals. Wallace opened Bayview in 2000, but sold the business to his mother two years later when Massachusetts regulators discovered he owned the facility in violation of Bay State rules governing funeral home owners. Also awaiting trial is a Newburyport surgeon and former Massachusetts medical examiner, Dr. Putnam Breed, accused of accepting money for inspections he never performed. Fuller, 54, of Seabrook, pleaded guilty in March to charges he created bogus death records for bodies in 2003 by photocopying Breed's signature to make it appear bodies had been inspected before being cremated. The forgery would also allow the business to avoid paying the $75 fee for the exams, potentially saving thousands of dollars a year, according to prosecutors. Superior Court Judge Tina Nadeau said she couldn't "in good conscience" sentence Fuller because his relationship with his lawyer, Steven Colella, had broken down weeks earlier, prompting Fuller to write his own court motion asking to withdraw his plea. "I have discussed this with my attorney on three separate occasions," Fuller wrote. "We are not in agreement on this matter. My attorney told me that if I am not going to go along with his advice that he wouldn't represent me if I go to trial." Colella said he has already passed on Fuller's court paperwork to a new lawyer, and the pair have met once already to discuss the case. "To sum it up, I think we have a different philosophy on how it should be resolved," Colella said. Fuller also complained to the judge in his court motion that he had been hospitalized for an "emotional breakdown" and he was undergoing treatment for "extreme depression and counseling." "The impact on my life by the plea agreement is too much for me to accept," he added. "I want my chance in court to prove my innocence." In interviews with state police detectives, Fuller at first denied forging death records, but then acknowledged the forgeries were his idea when asked if Wallace, or Bayview owners Linda and Larry Stokes, were aware of it. The Stokeses have not been charged criminally. Yesterday, Reid said Fuller should not be allowed to delay proceedings because he hadn't informed the court who his new lawyer is. Nadeau gave Fuller 10 days to file a formal request to withdraw his plea and make his lawyer known to the court. Prosecutors will be able to file written objections as well, and the judge could have a hearing on the matter. She warned Fuller that he would only be allowed to change lawyers once, and either way the matter would be decided soon. http://www.ecnnews.com/cgi-bin/05/ntstory.pl?-sec-News+fn-nfuller-20060513-+page_1

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Taphophilia?

taphophilia (taf′ō-fil′ē-ă)

ORIGIN:
From the Greek words taphos, meaning "tomb" or "sepulcher" and philia, meaning "attraction or affinity to something, in particular the love or obsession with something"

DEFINITION: 1. An excessive interest in graves and cemeteries. 2. A love or fondness for funerals, graves, and cemeteries. 3. In psychiatry, a morbid attraction to graves and cemeteries