Family says mortician embalmed loved-one without permission - ABC 33/40 - Birmingham News, Weather, Sports

Family says mortician embalmed loved-one without permission

Posted: Updated:

After more than three years in a Fairfield nursing home, 82-year-old Josiephine Crowley, died Tuesday.

Her daughter, Patricia Davis, says her last wish was for services to be at Scott McPherson Funeral Home.

"She signed the papers and instructed the nursing home that once her mother passed to release her remains to Scott McPherson Funeral Home," Jonathan McPherson said.

But Davis says McPherson wanted more money than she had for the services, so she turned to Faith Memorial Chapel and asked the body to be moved.

But McPherson said no.

"You're basically saying give me my money or you don't get the body," Davis said. "That's hostage."

McPherson wanted $1,295 for picking up and embalming the body. Davis says she paid $300, but couldn't afford the rest.

"The only thing we ask is to be compensated for the service we have rendered," McPherson said.

But Davis says McPherson didn't have permission to embalm Crowley's body and according to the Federal Trade Commission and the Funeral Service Board in Alabama, embalming without permission is illegal.

According to FTC rules and regulations, "You must specifically ask the family for permission to embalm and must receive their permission before you embalm the body."

McPherson says he thought permission was implied after Crowley's family signed permission for her body to be taken by Scott McPherson Funeral Home after her death. Davis says embalming was not part of the agreement.

McPherson turned over Crowley's body to Faith Memorial Chapel, Wednesday, but family say it's too little too late because McPherson violated the law.

"He nearly cursed her out over $900," Davis' fiance, Cornelius Jackson, said. "Now when he gets on camera, his persona changed. He's nice and [willing to] release the body because now he knows he's in trouble with the law."

  • Latest StoriesMore>>

  • Social media helps Homewood bakery find missing truck in under an hour

    Social media helps Homewood bakery find missing truck in under an hour

    Sunday, July 27 2014 10:33 PM EDT2014-07-28 02:33:35 GMT
    A Homewood bakery got its missing truck back less than one hour after asking for help on social media. Two people saw the plea for help on social media and spotted it on their way home from a Barons game.More >>
    A Homewood bakery got its missing truck back less than one hour after asking for help on social media. Two people saw the plea for help on social media and spotted it on their way home from a Barons game.More >>
  • Nationwide manhunt for Ozark man accused of kidnapping, sexual assault

    Nationwide manhunt for Ozark man accused of kidnapping, sexual assault

    Sunday, July 27 2014 10:00 PM EDT2014-07-28 02:00:39 GMT
    David PittsDavid Pitts
    A 30 year old woman and 8 year old child are receiving medical treatment after they were kidnapped and sexually assaulted. A nationwide manhunt is now underway for the suspect.More >>
    A 30 year old woman and 8 year old child are receiving medical treatment after they were kidnapped and sexually assaulted. A nationwide manhunt is now underway for the suspect.More >>
  • Attorney "getting conflicting stories about absentee ballots" in contested JeffCo race

    Attorney "getting conflicting stories about absentee ballots" in contested JeffCo race

    Sunday, July 27 2014 7:08 PM EDT2014-07-27 23:08:43 GMT
    Jefferson County Commissioner Sandra Little Brown is expected to address the challenge to the District Two election results Monday. The contest was filed by one of her opponent's supporters. ABC 33/40 spoke with the attorney representing that supporter.More >>
    Jefferson County Commissioner Sandra Little Brown is expected to address the challenge to the District Two election results Monday. The contest was filed by one of her opponent's supporters. ABC 33/40 spoke with the attorney representing that supporter.More >>
  • Woman doused with gasoline and burned by ex-boyfriend

    Woman doused with gasoline and burned by ex-boyfriend

    Sunday, July 27 2014 5:04 PM EDT2014-07-27 21:04:38 GMT
    The Jefferson County Sheriff's department is looking for 48 year old Michael Kennedy. He's wanted on several charges after allegedly setting his ex-girlfriend on fire. Just after 2:30 this morning deputies respond to a report of a house fire in the 4400 block of Nellie Anderson Street. They arrived to find a 49 year old female victim with extensive burns to her head, arms, upper body and legs. She was transported to the hospital and admitted to a burn unit in serious condition. Investigators...More >>
    The Jefferson County Sheriff's department is looking for 48 year old Michael Kennedy. He's wanted on several charges after allegedly setting his ex-girlfriend on fire. Just after 2:30 this morning deputies respond to a report of a house fire in the 4400 block of Nellie Anderson Street. They arrived to find a 49 year old female victim with extensive burns to her head, arms, upper body and legs. She was transported to the hospital and admitted to a burn unit in serious condition. Investigators...More >>
  • A triple shooting leaves one person dead

    A triple shooting leaves one person dead

    Sunday, July 27 2014 11:51 AM EDT2014-07-27 15:51:55 GMT
    One person is dead and two others in juried in an early morning shooting in Ensley. Birmingham Police report incident occurred in the 1600 Block of Avenue I. Around 2:30 a.m. police were called to the location and found the victim lying face down in the street suffering from a gunshot wound to the back. Birmingham Fire and Rescue also responded to the scene and pronounced the victim deceased at the scene. The name of the victim has not yet been released pending notification of relatives. Ther...More >>
    One person is dead and two others in juried in an early morning shooting in Ensley. Birmingham Police report incident occurred in the 1600 Block of Avenue I. Around 2:30 a.m. police were called to the location and found the victim lying face down in the street suffering from a gunshot wound to the back. Birmingham Fire and Rescue also responded to the scene and pronounced the victim deceased at the scene. The name of the victim has not yet been released pending notification of relatives. Ther...More >>
  • Judge Rules Benz Plant Violated Labor Laws

    Judge Rules Benz Plant Violated Labor Laws

    Saturday, July 26 2014 11:29 PM EDT2014-07-27 03:29:07 GMT
    A judge has ruled Mercedes-Benz U.S. International violated labor laws while dealing with employees interested in forming a labor union.An administrative law judge for the National Labor Relations Board ordered MBUSI to revise rules in its employee handbook governing the solicitation and distribution of materials at its auto manufacturing plant in Vance.The United Auto Workers accused Mercedes managers of stymieing pro-union employees' efforts to distribute information about the union.Mercede...More >>
    A judge has ruled Mercedes-Benz U.S. International violated labor laws while dealing with employees interested in forming a labor union.An administrative law judge for the National Labor Relations Board ordered MBUSI to revise rules in its employee handbook governing the solicitation and distribution of materials at its auto manufacturing plant in Vance.The United Auto Workers accused Mercedes managers of stymieing pro-union employees' efforts to distribute information about the union.Mercede...More >>
  • Glen Allen man killed in accident involving logging truck

    Glen Allen man killed in accident involving logging truck

    Saturday, July 26 2014 6:17 PM EDT2014-07-26 22:17:25 GMT
    Alabama State Troopers say a 63 year old man from Glen Allen was killed in a two vehicle crash in Fayette County. It happened Friday night on County Road 73.More >>
    Alabama State Troopers say a 63 year old man from Glen Allen was killed in a two vehicle crash in Fayette County. It happened Friday night on County Road 73.More >>
  • Shooting victim's wife and sons want answers concerning homicide investigation

    Shooting victim's wife and sons want answers concerning homicide investigation

    Saturday, July 26 2014 6:11 PM EDT2014-07-26 22:11:45 GMT
    Family members grieve the loss of a 37-year-old man shot dead. Birmingham police are investigating. A family is asking questions as police hear conflicting stories.More >>
    Family members grieve the loss of a 37-year-old man shot dead. Birmingham police are investigating. A family is asking questions as police hear conflicting stories.
    More >>