Civil or Criminal, or Both?

The AP is reporting a macabre story: RobertWinston, an ex-funeral director from McKeesport, Pennsylvania, allegedly failed to cremate theremains of several infants sent to him from a nearby hospital. The hospital paid Winston $8,900 to arrangefor the cremation of 19 babies, who died shortly after birth, and to dispose ofmore than 300 fetuses and biohazard containers holding fetal remains. Instead of performing the cremation as promised, Winstonallegedly stored the remains in the garage of his former home.

Winston is now charged with the crimes of “abuse of a corpse”and “theft by deception.” His attorney’sresponse:

“This is a breach of contract, if anything.”

Is this really a compelling defense strategy? Winston’s actions can certainly be both; thatis, both criminally improper and a breach of contract. Certainly, the hospital did not receive thebenefit of its bargain with Winston. Butcontract law does not preclude societal punishment of Winston for his outrageous (in)actions — this is more appropriately tasked to the criminal system. Thus, it seems a weak defense strategy to point tocontract law as a scapegoat – it is not an either/or situation.

[Meredith R. Miller]