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Legal issues stall DNA sampling on unidentified Cameron County bodies

1 year 4 months 1 day ago Tuesday, January 17 2023 Jan 17, 2023 January 17, 2023 6:17 PM January 17, 2023 in News - Local

For years, the bodies of at least 15 individuals have remained buried in Brownsville without a known name or family link. Their DNA samples are not on file, according to a university forensic science group. That group wants to exhume the bodies and extract DNA, but until now they’re hitting a legal roadblock.

The Operation Identification project at Texas State University and the South Texas Human Rights Center in Falfurrias came up empty on its request to CAMERON COUNTY to exhume the bodies from Brownsville’s Guillen Community Cemetery.

The group secured permission for similar requests in Brooks, Starr and most recently Maverick County — where they completed 26 exhumations this week of migrants who died crossing the border in the last several months.

“Once we were denied permission to exhume in CAMERON COUNTY, we shifted our focus to Maverick County,” said Dr. Kate Spradley, Director of Operation Identification. "We knew so many people were dying there."

The request to CAMERON COUNTY wasn’t granted. Officials said they don’t have legal authority.

“Cameron County has not denied Texas State University’s request because Cameron County cannot grant Texas State University’s request,” said CAMERON COUNTY spokesperson, Melissa Elizardi, in a written statement.

“After several meetings and discussions between both our legal team and Texas State University’s legal team, it was determined that Cameron County is not the proper entity to grant such permission.”

Channel 5 News followed up, asking which entity would have authority to grant permission. CAMERON COUNTY still hasn’t responded.

Operation Identification points to Texas Health and Safety Code 711.004 (e)(3) as the legal basis to request the exhumation. The statute relates to the power of officials that perform an “inquest” or death investigation to approve exhumations.

The general manager of Guillen Community Cemetery Maria Guillen said the grounds have 15 to 17 unidentified bodies onsite. She said she welcomes efforts to match those individuals to their families, but the legal authority to authorize exhumations isn’t hers.

While there’s no clear legal pathway yet to an exhumation and positive identification, county officials expressed support to the effort.

“Please note that we support the noble and worthwhile work that Dr. Kate Spradley and Texas State University are doing to help identify these missing migrant persons,” said Elizardi. “Their work helps bring closure and goodwill to the families seeking to find their missing loved ones.”

The forensic group plans to follow up with the county. They plan to show approved requests granted by other counties, said Eddie Canales, executive director of the South Texas Human Rights Center.

“We’ll try to set up a face to face meeting with the county judge and some JPs in CAMERON COUNTY,” he said.

They hope a possible match in a DNA database will bring closure to loved ones who are still waiting for answers. 

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