Commonwealth v. Mastromarino

2 A.3d 581, 2010 Pa. Super. 128, 2010 Pa. Super. LEXIS 1491, 2010 WL 2838008
CourtSuperior Court of Pennsylvania
DecidedJuly 21, 2010
Docket3443 EDA 2008
StatusPublished
Cited by369 cases

This text of 2 A.3d 581 (Commonwealth v. Mastromarino) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Mastromarino, 2 A.3d 581, 2010 Pa. Super. 128, 2010 Pa. Super. LEXIS 1491, 2010 WL 2838008 (Pa. Ct. App. 2010).

Opinion

OPINION BY

STEVENS, J.:

¶ 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant Michael Mastromarino’s guilty plea to numerous charges 1 in eon- *583 nection with his participation in the sale of human body parts from 244 corpses. On appeal, Mastromarino presents challenges to the discretionary aspects of his sentence. We affirm.

¶ 2 The relevant factual history has been aptly set forth by the trial court as follows:

In 2002, after unrelated criminal charges resulted in the loss of his dentistry license, [Mastromarino] started a business called Biomedical Tissue Services (“BTS”) selling human tissue from cadavers to tissue banks around the country. N.T. 8/29/08 at 23-24. At first, [Mastromarino] worked with funeral home directors in New York and New Jersey who provided access to cadavers from which [Mastromarino] and his team of “cutters” could harvest tissue without the consent of the deceased or their next of kin. N.T. 8/29/08 at 24-25. However, this arrangement required [Mastromarino] and his cutters to reconstruct the cadavers with PVC pipe after harvesting in preparation for burial to conceal the harvesting. N.T. 8/29/08 at 26. Therefore, [Mastromarino] sought an arrangement with a funeral director who had access to a crematory so that the cadavers would not need to be reconstructed and would be destroyed when the harvesting was complete. N.T. 8/29/08 at 26.
In February 2004, [Mastromarino] contacted James McCafferty, who, along with Louis and Gerald Garzone, 2 owned Liberty Crematory in Philadelphia. N.T. 8/29/08 at 26-27. Mr. McCafferty and the Garzones were also funeral directors. N.T. 8/29/08 at 26. The four men agreed that [Mastromarino] would pay the Garzones $1,000 for each cadaver they provided to [Mastromarino’s] cutters. N.T. 8/29/08 at 27-28. One of the Garzones would call [Mastromarino] when there were cadavers available. N.T. 8/29/08 at 28-29. [Mastromarino] would then send a team of cutters, usually led by Lee Crucetta, to Philadelphia to harvest the available cadavers. N.T. 8/29/08 at 29. In some instances, [Mas-tromarino] would accompany the cutters to Philadelphia. N.T. 8/29/08 at 28.
At the funeral home, the cutters would be directed to cadavers identified by number. N.T. 8/29/09 at 29. In many cases, the deceased had been elderly and sick, sometimes with H.I.V. or hepatitis, and their bodies were harvested outside the recommended time period after death, all in violation of industry standards regarding the harvesting of tissue. N.T. 8/29/08 at 30, 32. Furthermore, the next of kin of the deceased had no knowledge of, and had not consented to, the use of their loved ones in this manner. N.T. 8/29/09 at 24. To create the appearance of compliance, [Mastromarino] falsified the necessary information regarding the identity, condition, and medical history of the deceased, as well as consent forms from next of kin. N.T. 8/29/08 at 25, 30. He also replaced blood samples for tissues from diseased cadavers with mislabeled blood samples from disease-free cadavers to make it appear to the tissue banks that the tissue was disease-free. N.T. 8/29/08 at 30-31. As a result, doctors across the country unknowingly transplanted diseased, mislabeled, or otherwise unsuitable tissue into transplant patients. N.T. 8/29/08 at 33.
In July of 2005, [Mastromarino] learned that he and BTS were under *584 investigation by authorities in New York and by the FDA. N.T. 8/29/08 at 33. However, he continued to pursue his operation with the Garzones until September of that same year, when he destroyed BTS records and encouraged the Garzones to set fire to their funeral homes. N.T. 8/29/08 at 33. Over the course of the arrangement between the Garzones and BTS, [Mastromarino] harvested at least 244 cadavers provided by the Garzones without the consent of the deceased or their families. N.T. 8/29/08 at 24, 27. The Garzones and Mr. MeCafferty received more than $245,000 from [Mastromarino] for their participation in his scheme. N.T. 8/29/08 at 27. [Mastromarino] received more than $1,105,751 from tissue banks who unknowingly purchased this stolen tissue unsuitable for transplantation in order to provide it to doctors for that very purpose. N.T. 8/29/08 at 32.

Trial Court Opinion filed 5/6/09 at 2-3 (footnote added).

¶ 3 The Commonwealth submitted this case to the Grand Jury on May 4, 2006, and after the Grand Jury recommended multiple charges be filed against Mastro-marino, he was arrested. On August 29, 2008, Mastromarino, who was represented by counsel, entered an open guilty plea to numerous charges, and on October 22, 2008, Mastromarino proceeded to a sentencing hearing, at the conclusion of which the trial court sentenced him to an aggregate of twenty-five years to fifty-eight years in prison, to run concurrently to the eighteen year to fifty-four year prison sentence Mastromarino was serving in New York. 3 N.T. 10/22/08 at 267. Specifically, Mastromarino was sentenced as follows:

On Count One which charges [a] violation of [the] Corruption Violation Act, I will give you guideline sentence of one to six years in state prison. Any mandatory costs will be added as well.
* * *
Count Two charging you with criminal conspiracy, I will sentence you [to] one to six years in state prison. That will run consecutive to the sentence I imposed on Count One.
I’m referring to aggregate counts so you know what I’m referring to.
Aggregate Count Three consists of 244 counts of theft by unlawful taking. I am going to sentence you to a guideline sentence of 6 to 12 months on each of those counts; however, I am going to designate that 32 of those counts run consecutive to each other. That would add 16 to 32 years to your sentence which will run consecutive to the sentences I imposed on the first count.
Count Five charges you with deceptive business practices [which] includes these tissue companies. I will give you [a] guideline sentence of 6 to 12 months for each of those. There [are] four of those, so that would add two to four years to your sentence. They will run consecutive to each other and consecutive with all the other charges that I have sentenced in this case.
Count Nine charges you with abuse of corpse. There are 17 counts remaining. I have dismissed several of them previously. I am going to sentence you in the guideline range, but I am going to give you an aggravated range sentence. The reason for that is so beyond the pale of what the guidelines contemplate for abuse of corpse, that abuse of corpse
*585 for personal enrichment and abusing the corpses in such a manner that puts deceased [sic] and mislabeled tissue into s[tream] of commerce for use in transplantation and other kinds of operations. I will sentence you on 15 of those counts consecutively which will add 5 to 10 years to your sentence.

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Bluebook (online)
2 A.3d 581, 2010 Pa. Super. 128, 2010 Pa. Super. LEXIS 1491, 2010 WL 2838008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mastromarino-pasuperct-2010.