Seeking a deal in corpses case

A former oral surgeon who admits that he trafficked in stolen body parts is seeking a deal in Philadelphia that would run concurrent to his 18-to-54-year sentence in New York.

But prosecutors here are balking at any 2-for-1 deal.

They want Michael Mastromarino to serve an additional 20 to 40 years in Philadelphia, where they say his team of cutters plundered at least 244 corpses.

Mastromarino, 44, remains in New York custody after his guilty plea there last month. He did not appear at a pretrial hearing in Philadelphia yesterday, but defense lawyer Charles A. Peruto Jr. vowed to push for concurrent sentences.

The dispute will likely be left for Philadelphia Common Pleas Court Judge Glenn B. Bronson to resolve.

"My job is to make sure he doesn't do additional time just because there are bodies in Pennsylvania," Peruto said.

He and Assistant District Attorney Bruce Sagel expect Mastromarino to plead guilty to just a few of the approximately 1,700 counts, such as running a criminal enterprise and conspiracy, they said.

Mastromarino owned Biomedical Tissue Services, a New Jersey company that shipped bones, skin and tendons to tissue processors. About 10,000 people received tissue supplied by BTS.

He has agreed to help locate records for the families and transplant recipients suing tissue banks over the often-diseased parts, Peruto said.

Mastromarino will also testify, if necessary, against his alleged underlings, three funeral home operators from North Philadelphia, Peruto said. They are brothers Louis and Gerald Garzone, and James A. McCafferty Jr.

A grand jury indictment charges that they were paid $1,000 per corpse to let Mastromarino's "cutters" hack up bodies without the families' knowledge or permission. The parts were then sold to the tissue banks for dental implants, knee and hip replacements and other procedures around the country. Mastromarino made millions on the scheme, prosecutors say.

The looted bodies in New York included that of the

Masterpiece Theatre

host Alistair Cooke.

In Philadelphia, most of the bodies were scheduled for cremation by the Garzones.

Louis Garzone, 65, of Philadelphia; Gerald Garzone, 47, of North Wales, and McCafferty, 37, of Philadelphia, have pleaded not guilty and along with Mastromarino are set for trial on Sept. 2.