I concur in the well-reasoned opinion of the court. I agree that Condon’s
guilt has been proven and that consecutive sentences are appropriate in this case. I write
separately to say that I think that the trial court could properly have found that these were
the worst forms of the offense of abuse of a corpse. It has been argued that taking
pictures of corpses cannot be the worst form of the offense and that the worst form occurs
only where bodies have been mutilated or subjected to some other physical abuse, but not
when they have been photographed. That is indeed a terrible thing, but the bodies so
abused are beyond pain or humiliation. We must look to how the acts of Condon affected
the deceased’s family and friends. I believe that the trial court could reasonably have
found that, as terrible as it would be to have a loved one’s body abused, it could be far
worse to have the naked corpse displayed without permission in some sort of “art” show
or on the Internet. Clearly the purpose of these pictures was for their use in Condon’s
project to capture the “life cycles” of humans. There could be no reason for a
professional photographer to take them other than to put them on display. They were not
so displayed only because the police intervened before this could happen. I cannot say
that the trial court erred in taking this view and in thereupon imposing the maximum
sentence for certain counts.