Passage of “Amanda Lynn’s Law” comforts grieving family here
By Mike Hudson
For Leslie Brill Meserole, even the small victories are huge.
“I couldn’t be happier,” she said on hearing the news that Amanda Lynn’s Law — which strengthens penalties against those who seek to unlawfully conceal or dispose of a body – had been signed by Gov. Andrew Cuomo. “No one deserves to be put through the ordeal our family has endured for the past six years.”
The measure is named after Brill Meserole’s daughter, Amanda Lynn Wienckowski, a beautiful 20-year-old Niagara Falls native who was brutally murdered in Buffalo in 2009.
Although a botched autopsy led authorities to conclude she died of a drug overdose, they did establish that individuals hid her body in an apparent attempt to avoid its discovery. That action had been only punishable by a misdemeanor.
“With this legislation, these vile and reprehensible acts will be treated under the law with the seriousness they deserve, Cuomo said. “The heartache and uncertainty that Amanda Lynn’s loved ones experienced is unacceptable and I thank the sponsors of this bill for working to help ensure this horrific situation is not repeated.”
Five weeks after Amanda went missing, on the morning of Jan. 9, 2009, police discovered her naked body, frozen and stuffed into a garbage tote that had been placed in an alcove at the New Covenant United Church of Christ, on Spring Street in Buffalo. Police said an anonymous telephone tip led them to the scene.
Dr. Silvia Comparini, a renowned Los Angeles-based pathologist hired to perform a second autopsy on Amanda’s body, used measurements made by the original medical examiner who was present when Amanda’s frozen body was removed from the tote and concluded that the body had already been frozen when it was placed in the container.
“The shape of the body, which was frozen solid, does not match the shape of this container,” Comparini said. ”So Amanda was first put into what I think was the trunk of a mid-sized car, based upon the dimensions of the frozen-solid body which the original medical examiner took.”
Current law only regulates the manner in which cemeteries, funeral directors, and medical professionals can dispose of remains and fails to address situations where they are intentionally concealed, altered, or destroyed to prevent its discovery.
Amanda Lynn’s Law makes the offense an E felony punishable by up to four years in prison and up to a $5,000 fine.
“This legislation comes years after intense negotiations, and years after the Amanda Lynn Wienckowski tragedy, so I applaud Governor Cuomo for enacting this bill into law, said state Sen. Rob Ortt, who sponsored the bill.. “Today is a small victory for the Wienckowski family, who has been vigorously pushing for Amanda Lynn’s Law day after day, and I hope they can finally breathe a small sigh of relief knowing that the crime now fits the punishment.”
Rep. Robin Schimminger, who sponsored the bill in the state Assembly, said the new law will give investigators another tool to use in difficult cases such as Amanda’s.
“This new law will give prosecutors and law enforcement another tool to use against criminals who move or conceal a body to cover up a heinous act. Up until now, moving or concealing a body was a misdemeanor. By making it a felony, we are henceforth sending a message to those who engage in such criminal activity that they will be guilty of a serious crime.”
For Brill Meserole, a win is a win. But the final win will be the day that someone is actually charged with Amanda’s murder. The prime suspect in the case, Antoine Garner, is currently in a state prison, convicted of sex crimes similar to those that led to Amanda’s death.
“I’ll never give up, I can’t give up,” the still grieving mother told the Niagara Falls Reporter. “It won’t be over until those responsible are finally brought to justice.”
