After an investigation that has lasted over a year, the District Attorney’s office has decided to not pursue charges against Bio Care owner Paul Montano.
Montano and his wife ran Bio Care, a business that was supposed to handle bodies donated for scientific research, then cremate the remains and give the ashes to the decedent’s family. Last March, body parts, including heads and severed limbs were discovered in medical waste bins in Kansas by waste disposer Stericyle. Montano was arrested and charged with fraud, but those charges were later dropped pending further investigation.
Our office represents the family of Johnny Frausto, whose dying wish was to donate his body for scientific research in an effort to advance a possible cure for pancreatic cancer. Mr. Frausto’s torso was found in a walk-in freezer at the Bio Care office. The New Mexico Office of the Medical Investigator identified Mr. Frausto’s torso through the identification number on a pacemaker. Mr. Frausto’s head, arms and legs, which had all been crudely severed from the body, were found in an unrefrigerated storage container.
Shortly after we filed a civil lawsuit on behalf of the Frausto family, Montano filed for bankruptcy, stopping the civil case from moving forward. Without any assets or insurance to cover a judgment, the victims would not receive any compensation, even if a jury rendered a verdict against Montano. Now that criminal charges will not be pursued, it looks like the Montano’s are going to get away with their egregious behavior.