By Joseph R. Wheeler
Four years ago few Georgians had
ever heard of Nobel a remote town in
Walker County near the Tennessee
border. However as the investigation
into the affairs of Ray Brent Marsh and
his Tri-State Crematory began to unfold,
the ghastly horror branded the names
forever.
The first case of its kind in Georgia,
Marsh accepted human remains from 50
funeral homes throughout Alabama,
Georgia and Tennessee for cremation at
the family owned business. Rather than
cremate, the bodies were deposited
throughout the property and cement dust
and other debris were returned to families
falsely representing the remains of
the diseased.
The investigation would finally lead
to his indictment on 787 criminal
charges associated with dumping 336
bodies. Rather than stand trial, Marsh
pled guilty in 2004 and was sentenced to
12 years in prison last January.
According to reports, more than $80
million in damages have been awarded in
civil lawsuits filed in conjunction with the
case.
However, as horrible as the Tri-State
Crematory story is, it pales in scope and
profit when compared to the illegal trade
in human organs, cells and tissues.
Documented cases show that trafficking
in human bodies is as old as “the
republic.” In 1788, New Yorkers stormed
the facilities at Columbia College Medical
School in search of stolen bodies
used in the medical school.
With the emergence of human medicine,
cadavers were needed for research
and training. When there were no
donors, the schools acquired the
remains by whatever means at their disposal.
In the early 1800s an English physician,
D. Robert Knox of Edinburgh was
found to be in collaboration with two
criminals, William Burke and William
Hare, who were suspected of killing up to
30 people in London.
Burke and Hare murdered the people
and sold the corpses to Dr. Knox for
medical research. Burke was tried, found
guilty and hanged in 1829. Hare died a
pauper in 1858 and no charges were
ever bought against Dr. Knox.
When Mary Shelley published the
immortal work Frankenstein in 1818, it
was considered a work in fiction. The
general public could not have conceived
that 100 years later doctors would be
transplanting body parts to create and
sustain life.
Leaping forward a century, the development
of anti-rejection
drugs such as
cyclosporine and
immunosuppressant
drugs in the 1970s
led to the development
of the modern
transplantation
industry.
In the early days
of this modern industry
involving the harvesting
of human
organs and subsequent
transplantation,
there were few
regulations and less
monitoring of the
illegal trade that
emerged. When waiting
lists for donated organs began to
mount, profiteers established networks
to make organs available to those with
the resources to pay the price.
Both living and deceased sources
were used to meet the growing demand.
Centers for commercial transplant
emerged in India, Iraq, Iran, Eastern
Europe, South America and the Philippines.
Since a human can survive with only
one kidney, this organ emerged as the
body part of choice. People of means
from all over the world have paid
between $50,000 - $145,000 to acquire a
commercially harvested kidney.
According to an article published in
the Medical Journal of Australia, prior to
1994, India was considered the transplant
capitol of the world, and 60% of all
transplants were from paid donors. Prior
to passage of the Organ Transplantation Act
of 1994, it was not illegal to sell organs in
India.
After the passage of the Act, a scandal
that literally shocked the world came
to light in January 1995. Customs officials
in Delhi uncovered a ring selling organs
and arranging for the harvest of organs in
established medical facilities by licensed
doctors.
On January 29, 1995, police busted
a racket in Bangalore where the kidneys
of 1,000 people had been removed for
resale to willing purchasers. During the
ensuing investigation, most of the donors
said they had gone to the clinic to give
blood only to awaken later to discover
the surgical scar left when their kidney
had been removed. Others reported
being paid only a fraction of the agreed
price for their kidney.
Although the paid donors received a
couple hundred dollars, the harvested
organs were sold through brokers
according to the buyer’s willingness to
pay.
An investigative report published in
2001, uncovered the trade of body parts
flourishing in the republic of Moldova.
According to the report an agent named
Ms. Scobiola working inside the impoverished
country offers jobs to men out of
work. The jobs require relocation to
Turkey.
The unwitting donors were then
transported to Istanbul to rendezvous
with another agent named Scobiola.
When the jobs did not materialize, the
recruits were given the option of selling
an organ as a means of earning money.
According to Veleriu Galit (quoted in
the published report), of Moldova's
Department of Organized Crime, the doctors
were Turkish and the recipients were
mainly Israeli.
A film by Stephen Frears, Dirty Pretty
Things, 2002, staring Audrey Tautou,
illuminates the trafficking in human body
parts by the impoverished. It called attention
to the thousands of transactions each
year taking place undercover to feed the
profits of exploiters at the expense of the
desperate.
It is now illegal to sell human body
parts in all countries except China and
Iran. Reports show that China transplants
the organs of executed prisoners.
During the 1980s, reports began to
emerge in the world press that western
consumers were paying for the organs of
kidnapped children along the Mexican
border. The reports became so widespread
that the U.S. Department of State
was prompted to issue an official statement
on the matter:
“…The baby parts myth has now
such widespread currency that it continues
to feed on itself and, tragically,
is widely believed despite numerous
corrective statements, authoritative
statements pointing to the impossibility
of such practices occurring and the
fact that despite almost ten years of
searching, no government, non-governmental
body, or investigative journalist
has ever produced any credible
evidence to support the charges.” [Created
May 30, 1996 and updated January
27, 2005, US Department of State, International
Information Programs]
In November 2004, the US Congress
passed the Human Tissue Act that established
the Human Tissue Authority. The
Authority does not become active until
April of this year, but currently the Federal
Drug Administration (FDA) is in control
of monitoring Human Cells, Tissues,
and Tissue Based Products (HCT/Ps).
Recent cases will test the law to
determine if those trafficking in human
body parts can be tried and convicted.
According to the American Association
of Tissue Banks, there are more than
one million tissue grafts performed in the
US each year. This tissue is supposed to
be from properly screened volunteer
donors.
Common uses for this tissue
includes: femur bone used in hip
replacements; cancellous bone chips, a
spongy material used to fill in bone fractures
and gaps left by the removal of bone
tumors; patellar tendons from knees
used to repair torn anterior cruciate (a
common sports injury); and skin grafts
for severely burned patients and reconstructive
plastic surgery.
With this number of transplants,
problems are bound to occur. In 2001, A
Minnesota man died of complications
from knee surgery involving infected cartilage.
A year later, several patients were
diagnosed with hepatitis C after receiving donated organs from a single corpse.
The spread of communicable disease
in some of these cases has been
traced to illegal activities involved in the
harvest and sale of human cells, tissues
and organs.
In 2004, the Willed Body Program at
UCLA became the subject of a criminal
investigation that led to the indictment of
Henry Reid, 54, the program’s director
and Ernest V. Nelson, 46, for receiving
stolen bodies. The case alleged that from 1998 through
2003 Reid received $704,600 for 496
cadavers donated to the UCLA program.
Subsequently, Nelson claimed that
acting as a middle man for medical
researchers he had purchased 800
cadavers from UCLA and in some cases
used campus facilities to cut-up cadavers
to harvest knees, hands, torsos, heads,
and other parts over a six year period.
Late last year, a story broke in
Brooklyn, New York involving 6 funeral
homes selling body parts to Biomedical
Tissue Services, a Fort Lee, New Jersey
tissue bank founded by former dentist
Michael Mastromarino.
Joseph Nicelli, 49, an embalmer at
several Staten Island funeral homes is
charged in the case for procuring the
bodies paying between $500-$1000 each
and forwarding the remains to Mastromarino,
42, who would harvest the tissue
and prepare them for shipment throughout
the U.S.A. and Canada.
The story came to light when the
body of 95 year old Alistair Cooke, host
of the PBS series Masterpiece Theater for
22 years, was carved up for skin tissue,
bones, tendons and body parts and sold
prior to cremation with out the consent
of his family.
Official medical records show Cooke
died of cancer and FDA rules forbid the
use of any body tissue harvested from a
cancer victim being used for transplant.
Records sequestered by the FDA show the
age lowered to 85 and cause of death
altered to show heart attack.
Investigators exhumed the body of a
Queens, New York, grandmother in October
last year. Prior to burial, all the bones
below the waste had been removed and
replaced with PVC pipe.
On October 13, 2005, the FDA
issued a recall of products made by tissue
processors in New Jersey, Florida, Georgia
and Texas.
With the case against Mastromarino
and Nicelli still pending, on January 31,
2006 the FDA issued an Order to Cease
Manufacturing and to Retain Human
Cells and Tissue Based Products Mastromarino
and his company Biomedical Tissue
Services, Ltd.
The reasons sited for the order
include: failure to insure donor eligibility;
falsifying death certificates; falsifying
ages of donors and cause of death; recovered
HCT/Ps from unclean environment
which caused contamination and cross
contamination; and accepting bodies that
had not been refrigerated.
"FDA’s investigation of Biomedical
Tissue Services revealed serious widespread
deficiencies in their manufacturing
practices that provide the agency
reason to believe that allowing the firm to
manufacture would present a danger to
public health by increasing the risk of
communicable disease transmission,”
said Margaret O’K Glavin, FDA’s Associate
Commissioner for Regulatory Affairs in
her press release on February 3, 2006.
It is clearly a crime to accept money
for cremation and then drop the remains
in the woods, i.e., Ray Brent Marsh, but
can laws and punishment begin to
address selling body parts for profit or
fraudulently taking the diseased remains
of the dead and selling them to unsuspecting
recipients only to have them contract
and spread deadly disease and
infection?
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