AUSTIN (KXAN) — Prosecutors have filed motions to dismiss corpse abuse charges against a south Austin medical facility CEO and a former mortuary owner, Adeline Bui.
This investigation stemmed from a complaint earlier this year to the Texas Funeral Service Commission from a former employee of Bui’s. The employee told authorities she had “fraudulently initiated and obtained at least 10 death certificates under his name,” and that he was aware of “experiments” Bui would allegedly conduct on corpses’ arms. Bui’s business, Capitol Mortuary Service, closed down after the arrests.
The CEO of MedtoMarket in south Austin, was originally accused of providing human remains to Bui’s mortuary for unauthorized experiments testing the impacts of embalming fluid.
“After a careful and thorough review, we filed the motions to dismiss, finding that there is sufficient evidence of a legal defense,” the district attorney’s office said in a statement. District Attorney Jose Garza said the primary reason for the dismissals is the fact that businesses that perform this type of work must receive an administrative review before criminal charged can be brought forth.
“They are the type of business that that law applies to and those due process protections, that administrative process, did not happen in this case,” he said. He also explained that staff in this field have certain immunities when it comes to their work.
Bui still faces tampering with records charges.
During an April press conference about the case, the Austin Police Department said Bui admitted to forging documents with the former embalmer’s credentials to “process critical documents required for the intake and cremation of decedents.”
When the arrests happened, family members who used Capitol Mortuary Service became concerned their loved ones’ remains were not handled properly.
Jessica Huyhn, Bui’s attorney said “this case suffered from a rush to judgment and a failure to follow the evidence wherever it actually led, and in turn, significantly harmed our client,” and that she is “pleased” prosecutors recognized the “shortcomings” of the investigation.
Additionally, Eric Nichols, the attorney for the medical training facility CEO said prosecutors’ “review included determining that no laws were violated and upholding the Texas legal protections against criminal and civil liability for professionals who work to allow others to use properly donated human tissue to advance medical science and practice.”
The Austin Police Department said its “homicide unit conducted a thorough and comprehensive investigation into this case in close coordination with the Travis County District Attorney’s Office. Our hearts remain with the families affected by this sensitive and complex case.”
Suspects’ attorneys called claims ‘unfounded’ from the start
Nichols said “the charges are unfounded” when we asked for a comment in April. He also said the police department’s press conference at that time about the case was “largely a repetition of the incorrect information that led to the unfounded charges.”
Nichols also stated “all of the activities done by [my client] and all the companies he works with were fully authorized by law.”
Bui’s attorney Jessica Huyhn said each of her client’s decedents “was treated with care and respect” and said early on “this case involves complexities that are not immediately apparent and should not be sensationalized.”
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