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Another probe of crematory PDF Print E-mail
Written by DeadGirl   
Saturday, 19 March 2005
By Susan Morse

SEABROOK - Former Bayview Crematory owner Derek Wallace is being investigated on two new complaints brought by the Massachusetts board that suspended him in August. The Massachusetts Division of Professional Licensure, which oversees funeral directors and embalmers, is aiding N.H. State Police in its investigation of Wallace and his connection to Bayview in Seabrook, according to Director Anne L. Collins.

The board suspended Wallace’s license in August after five complaints were brought against Wallace’s Hart-Wallace Funeral Home in Lawrence, Mass. Two new complaints are pending, Collins said.

One alleges a falsified signature of a Massachusetts medical examiner on a death certificate and another charge claims Wallace double-billed a family for a $600 funeral expense pre-paid by the deceased, according to Collins.

Wallace, who has appealed the five previous counts brought by the board, is still allowed to practice as a funeral director in Massachusetts even though his license was suspended, Collins said.

Wallace made the appeal to the Lawrence District Court, which has yet to schedule a trial date, Collins said on Wednesday.

In other state agencies, she said, a suspension is upheld until a decision is made by a higher court, usually the Supreme Judicial Court, Collins said. In the case of funeral directors, Wallace is allowed to operate until another ruling is made.

The board suspended Wallace for five years after receiving at least five complaints from those using his services, according to Collins. Another reason for his suspension was for operating both a funeral home and a crematory, which is barred under Massachusetts law.

Wallace owns the Hart-Wallace Funeral Home and co-owns Simplicity Burial and Cremation Services in Salisbury.

Under the board of licensure ruling, Wallace would have to close Hart-Wallace for five years, said Collins. Wallace’s partner at Simplicity, Henry L. "Hank" Farmer of Newburyport, Mass., would be allowed to operate Simplicity alone, she said.

Wallace did not return a phone call for comment. Wallace’s step-father, Larry Stokes, who on paper owns Bayview, could not be reached for comment. Stokes’ attorney, Gerard LaFlamme of Haverhill, Mass., did not return a phone call.

Rockingham County Attorney James Reams shut down Bayview on Feb. 23. He found Bayview never registered to operate with the state. A decomposing body in an unrefrigerated unit and 12 urns of ashes, some not identified, according to Reams, were brought to the state medical examiner’s office in Concord. State police also pulled out at least 12 boxes of records.

Charges are expected after a review of the records, Reams has said. No charges had not been brought by Wednesday.

Reams has said he has spoken to Stokes’ attorney, but not to Stokes, who was in Florida when Bayview was shut down.

Since the news reports on Bayview, Collins said, "We’ve had a number of contacts, calling and writing, concerned."

http://www.seacoastonline.com/news/hampton/03182005/news/70624.htm
 
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