Corpse a hostage in funeral dispute

LAS VEGAS, N.M. (KRQE) - The grieving relatives of Leona C de Baca went shopping for a funeral and now say their grief is being compounded by a mortuary director who refuses to release the woman's body.

It was hard to imagine: Their mother died, her body was taken to a funeral home and then they couldn't get it back. Yet that's exactly what was going on this week until KRQE News 13 reporter Michael Herzenberg got involved.

"She loved her husband, loved her kids, loved all her grandkids," Vicente C de Baca said while choking back tears about his mother.

He and his sister, Michele Gallardo, are grieving over the loss of their Mom.

"She was fighting up until the very end," Gallardo said.

Leona C de Baca, 66, passed away last week.

"I came up here because she was in the hospital," Gallardo said. "I didn't come up here expecting a funeral."

And she didn't get one when funeral director Billy Rogers held C de Baca's remains pending a payment of $625.

"My mother's body's being held hostage for lump some of $600 that we couldn't come up with, craziness," said the siblings.

The family hired the Gonzales Funerals and Cremations Mortuary in Las Vegas to handle the arrangements.

"All I want is paid for my services," Rogers told News 13. "I sat with this family for two hours in my conference room, completed all the paperwork with them, and coordinated, got everything ready to go for the cremation.

"There was a signed contract."

The funeral contract signed by Leona C de Baca's infirm husband, Louie, had a price tag of nearly $2,000 to be paid up front. Family members didn't have the cash, so her children found another funeral home that would accept a payment plan.
"We decided to go somewhere else that will work with us, but he's refusing to let go of the body because we owe him money," Gallardo said.

Rogers told the grieving family they owed him $150 for transporting the body and $475 for basic services. Just to make sure he gets paid, he held Mrs. C de Baca's remains as collateral.

"I'm a professional; I'm not a plumber," Rogers said. "I can't go into a car dealership or furniture store and walk out with it and say I'll pay for it later when I can afford it.

"I'm willing to wait this thing out."

So the body of Leona C de Baca remained safely locked up in the funeral home's cold storage.

"He is putting us through hell really all for a dollar sign," Vicente C de Baca said.

"I can't believe that there's people out here that would do that, especially at a time when we're mourning," his sister added.

Sterling Leishman, president of the New Mexico Funeral Service Association, said mortuaries have the right to charge what they want, but holding a body hostage is unethical.

"You hear of it from time to time; I don't think it's a regular practice," Leishman said. "A body is personal property, and it belongs to the family."

The National Funeral Directors Association agrees saying its members must turn over human remains upon request of the family "without requiring payment," according to its Code of Conduct.

Rogers says he's not breaking the law, and in fact, New Mexico statutes actually allow funeral homes to hold bodies as collateral until the mortuary fees have been paid.

"We need to change the statute that allows morticians to essentially hold a body ransom until they receive payment," state Rep. Al Park, D-Albuquerque, said. Park, chairman of the House Judiciary Committee, said he'll work to bring this New Mexico law up to national standards.

"There are tons of other remedies available to get their payment," Park continued. "They can file lawsuit; they can do liens.

"But to actually hold a body ransom for payment is not just unethical, but it really is immoral."

Rogers said the family has the right to file a complaint with the state licensing board that oversees funeral homes. Rogers is the vice chairman of that licensing board.

"It's insane; it's absolutely insane," Gallardo said.

Funeral home complaints can take up to two years to resolve providing little comfort to the C de Baca family waiting to mourn.

"She had the biggest heart for anybody, anybody that she met," Vicente C de Baca said.

Late Friday night, a week after Leona C de Baca's death, the family will finally be able to have a funeral. The day after the News 13 interview at Gonzales Mortuary, Rogers changed his mind and released her body with no charges saying that was his prerogative.

Park said he will ask the governor to include the legal change in January's session of the Legislature.