Trial starts today in abandoned corpse case

After the constitutionality of a criminal charge filed against him was upheld in April by the Missouri Supreme Court, a Jackson, Mo., man now faces trial today for allegedly abandoning his wife's corpse with their 3-year-old daughter while he went to work.

Authorities say James E. Bratina, 30, found his wife's body on their apartment floor Jan. 15, 2001. Instead of immediately calling police, he went to work and left his child alone with the corpse until he returned nearly four hours later and called 911.

Cape Girardeau County prosecutors say Bratina also endangered his child by leaving her in an apartment where numerous medications were spread throughout, including on the floors.

An autopsy revealed his wife, 24-year-old Suyapa "Sushila" Bratina, died from a result of mixed drug and alcohol intoxication.

Bratina was charged Aug. 29, 2001, on suspicion of abandoning a corpse without reporting the location of the body to law enforcement, which is a felony.

Associate Circuit Judge Gary A. Kamp dismissed the charge in October, saying the 1995 statute concerning it was unconstitutionally vague.

High court disagreed

However, justices of the highest court in the state unanimously disagreed with Kamp's ruling, saying the statute in question was clear in meaning. Because Bratina eventually did notify authorities, justices also said a jury should decide whether he actually broke the law.

But a jury won't get to decide his guilt or innocence today. Instead, Bratina waived his right to a jury trial in favor of a bench trial. Circuit Judge William Syler is scheduled to hear the case in Cape Girardeau and issue a ruling at the trial's completion, perhaps as early as Thursday.

Prosecuting Attorney Morley Swingle is heading the state's case, previously prosecuted by former assistant prosecutor Lora Cooper, who filed the appeal to Kamp's ruling to the high court.

When contacted Monday, Bratina declined to comment.

If convicted of the felony, Bratina could be sentenced to a maximum of five years in prison. If convicted for leaving his daughter alone with the body, he could receive up to one year in county jail and a $1,000 fine.

Swingle said the Division of Family Services conducted a screening of the home after the alleged incident and decided to leave the child in Bratina's custody.

mwells@semissourian.com

335-6611, extension 160