Tri-State Crematory scandal
It was discovered that nearly three hundred and forty bodies that had been consigned to the crematory for proper disposition had not been cremated, but instead dumped at several locations in and around the crematorium's site.
The crematorium was founded by Tommy Marsh in the mid-1970s and was located in the Noble community, north of the city of LaFayette in northwest Georgia.
In early 2002, the United States Environmental Protection Agency office in Atlanta received an anonymous tip that something was amiss at Tri-State Crematory.
[citation needed] Previously, a propane delivery truck driver had complained on at least two occasions to the Walker County Sheriff's Department about seeing bodies on the Marsh property.
The team began trying to identify the remains, a process made difficult because many of the corpses were in advanced stages of decomposition.
The motives behind Brent Marsh's actions are unclear, as it would have been far less trouble simply to cremate the remains than to dump them.
Buzz Franklin, the District Attorney of Walker County, Georgia, created law in bringing indictments against Marsh.
They stated that a faulty ventilation system exposed both Marsh and his father to toxic levels of mercury.
Many of the funeral homes never inspected the crematory to learn its operating procedures, and never ensured that cremations were actually being carried out.
[citation needed] The Tri-State incident was representative of a larger regulatory laxity regarding crematoria in the United States.
In Michigan, for example, a change in the law was sought by a legislator who was also a funeral director, after discovering that negligent disposal of a body was not a crime in that state.
[citation needed] Ray Brent Marsh was arrested on over 300 criminal violations and was ultimately charged by the State of Georgia with 787 counts, including theft by deception, abusing a corpse, burial service related fraud and giving false statements.
Marsh eventually pleaded guilty and was sentenced to 12 years in prison, with credit for the time he had spent in custody before obtaining pretrial release on bond.
On June 29, 2016, Ray Brent Marsh was released from Central State Prison in Bibb County, Georgia, after serving his full 12-year sentence.
[4] Almost 1,700 members of the families of the identified corpses sued Tri-State and the funeral homes that had shipped the bodies there, and were eventually granted class-action status in two courts in two different states.
Class-action status was granted by Judge Neil Thomas in Hamilton County, Tennessee Circuit Court.
The trials were open to the public, and were widely reported by the news media with numerous people testifying including Dr. Kris Sperry of the Georgia Bureau of Investigation.
Ultimately, the Marsh defendants also settled for $3.5 million after their insurer, Georgia Farm Bureau, agreed to pay the settlement.
In his cases, Akers, Burns & Hall, Brown alleged various causes of action against Marsh, Tri-State Crematory, and the funeral homes.
The cases are dismissed pursuant to the legal findings of the Tennessee Court of Appeals in the Crawford v. Buckner Rush & Marsh decision.
Judge Neil Thomas, to whom the Tennessee civil cases were specially assigned, held that Marsh had waived his Fifth Amendment right upon pleading guilty to more than 700 felony counts in the State of Georgia.
After consulting with his client's criminal law lawyers, Ken Poston and Ron Cordova, Stuart James argued that the circumstances of the claim permitted Marsh to continue to assert his Fifth Amendment right.
The Court of Appeals held that Marsh could assert his Fifth Amendment right in any testimony subject to review by Judge Thomas.
Frank Jenkins and Stuart James represented the Marsh defendants in this litigation which resulted in the Walker County Superior Court, Judge Smith sitting specially, dismissing the claims.
The Georgia Court of Appeals heard oral argument and issued an opinion upholding the dismissal of the claims.
Bill Brown, the attorney for some claimants who are classified as next-of-kin or persons who have a contract right, fought to have Brent Marsh testify in deposition.
This case throughout its pendency in both civil and criminal courts presented unique legal arguments and challenges for the attorneys involved in the litigation.
[5] The Tri-State Crematory incident was used as the basis for a Law & Order: Criminal Intent season 2 episode "Dead" starring Kathryn Erbe, Vincent D'Onofrio and guest actor Jim Gaffigan.
The case was also the backdrop for the 2011 film Sahkanaga, a fictionalized account of the events by American filmmaker John Henry Summerour,[6] and provided inspiration for the CSI: Miami episode "Forced Entry".
