Commissioners, coroner discuss the bones in the trunk

The Hot Springs County Commissioners met on Tuesday afternoon and made a decision on an issue that they haven’t faced before and likely never will again – the release of the bones found in a trunk more than 20 years ago.

County Coroner, Mark Mortimore, approached the commissioners asking for funding to hire an attorney to represent him as coroner in getting a court order to release the remains to him in order to return them to the family.

Mortimore requested the remains from the Sheriff’s Office, but was informed he needed a court order as the bones are evidence in a murder case in another state.

Normally, County Attorney Jerry Williams would represent Mortimore, however, since it is between two county entities, Williams would not be able to represent both of the parties.

Mortimore just wants to get the body back to the family as soon as he can. He reminded the commissioners his duty as coroner is to take charge of remains and see they are properly taken care of.

Williams said the best solution would be turning the remains over to the coroner in Iowa where the murder allegedly took place. The suspect in the murder is apparently still alive, so if Iowa wants to prosecute, then the body should go to them.

Commissioner John Lumley, who was the sheriff at the time the bones were found on the Session’s place, suggested Williams needed to call the county attorney in Iowa and have him push the Sheriff’s Office there to open a case for prosecution.

The commissioners are not willing to hire outside counsel for this issue, stating the Hot Springs County Sheriff’s Office should have jurisdiction over the matter.

They requested Williams send a letter to the Sheriff’s Office in Iowa to see if they are going to prosecute and if they want possession of the remains.