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I Confess

 

I have broken the law.

 

Ironic, isn’t it – for someone who so righteously writes about issues of crime and justice?

 

Here’s the deal.

 

When my Dad died Mom and I made that awful, painful trip to the funeral home to make final arrangements.  We knew pretty much what we were going to do because Mom and Dad had both been adamant about drawing up Living Wills and writing down exactly what they wanted.  (An activity I highly recommend for the peace of mind of those you leave behind.)

 

Among the ‘do not resuscitate’ declaration and the property disbursement directions was the request for cremation.

 

So, order given, Mom’s next decision was how she want the ashes stored.  There was an option for a lovely ceramic urn, a sturdy little oak box or, if desired, a container made of biodegradable material that would float, for a time and then release its contents from the bottom as it slowly disintegrated into any desired body of water.

 

That was it!  Dad had been in the Navy, an avid fisherman, the owner of a boat so the biodegradable container was the obvious choice.  We chose the one that looked a bit like an oversized dinner plate with matching lid with a ship motif on the top.  

 

Dad’s long expressed wish had been that his ashes be scattered at his favorite area of Navajo Lake in Northern New Mexico.  My parents and their fishing buddies had spent countless long summer days and nights there nd it was a natural place for Dad to want to spend all of eternity.

 

Some time passed and Mom died too.  Suddenly I had the ashes of both my beloved parents to take care of. 

 

Mom’s remains were easier to deal with as she wanted to be in a private place that I’m not prepared to disclose.  But Dad’s remains … well, that was another matter.

 

We had to wait for the snow melt to give us the optimum opportunity at our appointed destination.  And then there was the matter of whether it was even legal for us to release our Paper Mache contraption into a state controlled waterway.

 

Being the researcher/reporter I am I knew I should make some inquiries.  I knew I should check the law. But I figured ignorance of the law might be considered some sort of defense (wouldn’t it?) and, besides, this was my dear father’s final wish.  How could I not do what he made me promise I’d do?

 

So, with my daughter, Jenna, and my husband, Michael, in tow we drove northward from Albuquerque toward Navajo Lake with Dad in his biodegradable resting place in the back seat.  We were bound and determined to make it a celebration but at times tears flowed.

 

My nagging suspicion that what we were about to do was not lawful continued.  I worried that if some state officer happened by we would be in trouble.  So, in a clandestine pattern we traversed the lake, unwilling to hire a boat to take us out lest there be a witness to our crime.  We zigged, we zagged, avoiding people as we saw them. To make an hours long journey short we finally found the perfect place.

 

My daughter and I gently rocked the precious biodegradable package back and forth to heave it out into the stream of water that would swallow up my father’s remains.  

 

I don’t want to give any details about exactly where we accomplished this lest there be some sort of unlikely effort to undo what we did.  But, when it was over and we had watched Dad’s temporary final resting apparatus literally melt and disappear under the water I knew we’d done the right thing.  The law be damned. 

 

In the weeks that have passed I’ve wondered if scattering Dad’s ashes the way we did really was illegal.  Finally, I relented and contacted a top Navajo Lake Park Official to ask.    

 

Navajo Lake State Park is owned by the Bureau of Reclamation and operated under a lease agreement by New Mexico State Parks,” as the e-mail explained to me.  “The B.O.R. does not allow any memorials such as the scattering of ashes on their properties.” 

 

Gulp.  So my suspicions were correct. But why would such a profoundly soothing act be prohibited at a lake that spreads across 21 thousand acres of land?  I was referred to Section 423.28 of the B.O.R.’s public conduct rule.

 

“…Such an allowance could result in Reclamation becoming responsible for long-term management of burial sites, a practice inconsistent with reclamation’s mission.”

 

Well, so be it.  I had been on a mission of my own.  My Dad is where he wanted to be for all eternity.  Mission accomplished.  

                                                -30-

 

Register your comment here

 

 

Dee B. of New Mexico writes ...

   Your article speaks poorly of your father.  He would be proud of you for breaking the law to satisfy your and his desire?  And, you, you are some role model for your children.  You just taught them that the law doesn't matter when it gets in the way of what one wants to do.  Try to remember that when they start taking drugs and breaking into peoples' homes to steal loot to fence to pay for their habit.  The law?  What's the law got to do with what they want.  You won't be able to blame them, because their value system will be what they learned from you.  They'll be able to remind you of when "you were on a mission of your own." 

   Your "nagging sususpicion" that you were doing something illegal should have stopped you in your tracks.  You knew you were doing something illegal, and yet it didn't matter.  Only what you wanted to do mattered--same attitude as all the criminals you write about. 
   Madam, we are suppose to be a nation of laws, living by those laws for the good of society and the Nation.  But you just laugh it off with a "gulp" and a "so be it" when you knowingly break the law.  How many more instances of lawbreaking have you participated in?  Such arrogance, such self-centeredness.  You are a disgrace to your profession and to the community. 

 

The Reverend Jim H in Alabama writes ...

   To heck with a law of this sort ... The only institution this law protects is the government which is already obese on selfishness. If you had spoken to me about this most private and sacred issue in your life I would have counseled you to follow the very heart beat that your dad and mother gave you. Our constitution provides for the welfare and protection of human life. But we also as human beings are called to the high obligation of preserving and protecting the sanctity of our passing this life to the life hereafter.

   You go girl in your ambitions to fulfill your father's desires.
 

Jeff from North Dakota writes ...

   I wouldn't worry about getting in trouble...they need the evidence to convict you! Besides, there is also a law in place that protects you from getting yourself in trouble. Just because someone SAYS they did something, doesn't make them a convict! The law has to prove it and there is no evidence now!

 

Eddie J from Florida writes ...

   I wonder how many Forest Rangers, Campers, and other officials have gone unnoticed placing what ever onto and into the lake and reported it. What a shame if any one gives your notable deed a second thought. Good for you my friend.

 

Diana W. from Washington, DC writes ...

   (Husband) Larry wantd to have his ashes spread at the mouth of the Columbia River as it opened to the Pacific where he and his brother had illegally scattered their father and mother years ago.  I took Larry and our beloved dog Ulysses (which he had also requested) in two cardboard boxes on a plane to Portland. I and his best friend, Bruce, rented a car and went to the Oregon Coast. We scattered at the exact point Larry had requested - in broad daylight. There were  plenty of people on the beach and they knew exactly what I was doing. They left us alone  and we said goodbye.

   Somehow it made me feel good to so blatantly break the law!  When my mother died last summer, my brother and I buried her and my father under her favorite flower bush. Sometimes laws are made  to be broken especially when  breaking the law brings loved ones peace. 

 

 Charles A. from Los Lunas, New Mexico writes ...

   The first thing any worthwhile criminal defense attorney advises her client-defendant is to clam up and claim her 5th Amendment right to remain silent.  You know that, and you also know that what you say will be used against you whether in court or otherwise.
   Your confession to the violation of this federal CFR exposes you to possible penalties of a fine and up to 6 months in the slam.  While it makes for cutesy journalism, the feds may not share your sense of humor, civil disobedience or compassionate rebellion.  I have certainly seen lesser regs prosecuted.
   I admire your motives and your obvious expression of love, but you remind me of my wife's notable observation:
   "I know I have the right to remain silent, it's the ability I lack."
   If they come for you I will send you cigarettes.
 

Frank P. from New Mexico writes ...

   Thank you for that warm 'n' fuzzy feeling that helped launch (nautical pun intended) my morning and lend emotional balance to the somber story about Tim Russert's untimely passing. I enjoy all your columns, by the way. You write "good!" Kind regards. Old retired word merchant.

 

Ralph L. from Marylad writes ...

  Your Dad would be proud, breaking the law for a final wish, we all should be so lucky. 

 

Joseph S. from New Mexico writes:

   Today's article only proves you are an honorable and worthy daughter.  Keep up the good work. Your Dad is smiling on you.

 

Bob F. from New Mexico writes ...

   The next time I’m in the Farmington area, I will have to give the Bureau of Reclamation a piece of my mind.  An attempted good deed goes awry.  The bureau of Reclamation sounds like another governmental organization that stays awake at night thinking of ways of how it can be an impediment to society…perhaps secondary only to the granddaddy of all obstacles…the NCAA.  My condolences to you for the loss of both your parents.  Enjoying your column…keep them coming.

 

Marc B. from Alabama writes ...

   I think in similar circumstances many of us would have broken the law to fulfill last wishes.  Sometimes its a case of saying the law be damned!

 

Ritchie O. from New Jersey writes ... 

   Diane, you are one of my favorite people in the journalistic world.  Keep up the good work and I love the page.

 

Jeff K. from California writes ...

   Love the story about "illegally" scattering your Dad's ashes.  Don't feel bad - we spread my Dad's ashes in a Utah waterway.  Let 'em come get us!!  

 

Steve N. from New York writes ...

Can you imagine the headline?  "REPORTER URNS THREE DAYS BEHIND BARS FOR ASHES DISPOSAL" !   Lovely story; well told...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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