If there was no intent to sell, dissect, etc., apparently not, and it would
also depend on the definition of a dead body, if there is one in New York.
In Ohio, for instance, "grave robbing" does not pertain to human remains
that have been buried in the ground for more than 125 years or that have
become skeletons (no flesh, tissue, etc.), because these remains are not
considered "dead bodies."  If the New York graves were opened with the
permission of the landowner, wouldn't they have the "authority of law" to do
so, assuming the landowner had the right to give them the permission to open
the graves and remove the "dead bodies"?

Al Tonetti
ASC Group, Inc.
4620 Indianola Avenue
Columbus, OH 43214-1861
(614) 268-2514 x18
(614) 268-7881 fax
[log in to unmask]
www.ascgroup.net



-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]]On Behalf Of Grant
Q
Sent: Tuesday, June 06, 2006 4:16 PM
To: [log in to unmask]
Subject: Re: Rogers Island grave robbing


A lawyer I am not, but isn't this project in violation
of (among other things) NY State Law--see paragraph
pasted below (from that helpful website Dan
mentioned):

-Grant

BTW, what kind of penalty does a Class E Felony carry?
==============================================
 State of New York, Public Health Law §  4218.
Opening graves. A person who opens a grave or other
place of interment, temporary or otherwise, or a
building wherein the  dead  body of  a  human being is
deposited while awaiting burial, without authority of
law, with intent to remove the body, or any  part
thereof,  for  the purpose  of  selling  it  or
demanding  money  for the same, or for thepurpose of
dissection, or from malice or wantonness, or with
intent  to steal  or  remove  the  coffin or any part
thereof, or anything attached thereto, or any
vestment, or other article interred, or intended  to
be interred with the dead body, is guilty of a class E
felony.


--- "Davis, Daniel (KYTC)" <[log in to unmask]>
wrote:

> Sounds like a job for the New York state assembly -
> they have a helpful
> webpage. Anybody know anybody in NY? I'm guessing
> the arguments of a
> Kentuckian won't hold much water with a New York
> representative.
>
> -----Original Message-----
> From: HISTORICAL ARCHAEOLOGY
> [mailto:[log in to unmask]] On Behalf Of Mark
> Branstner
> Sent: Tuesday, June 06, 2006 11:37 AM
> To: [log in to unmask]
> Subject: Rogers Island grave robbing
>
> Just thought I would let you know that I contacted
> someone at the NY
> SHPO office and their response was:
>
> "Our office is not involved in the excavations as
> there is no project
> undertaking -just digging for digging sake."
>
> I leave you to draw your own conclusions ...
>
> --
>
> Mark C. Branstner
>
> Illinois Transportation
> Archaeological Research Program
> 209 Nuclear Physics Lab, MC-571
> 23 East Stadium Drive
> Champaign, IL 61820
>
> Phone: 217.244.0892
> Fax: 217.244.7458
> Cell: 517.927.4556
> [log in to unmask]
>
> "There is also an artificial aristocracy founded on
> wealth and birth,
> without either virtue or talents ... The artificial
> aristocracy is a
> mischievous ingredient in government, and provisions
> should be made to
> prevent its ascendancy."
>
> - Thomas Jefferson (1743-1826)
>


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