Dead wrong - Police bust homeless man for necrophilia in Sunset funeral home.

A man was arrested and charged with sexual assault on an elderly woman's corpse Saturday, according to police.

The act of necrophilia allegedly occurred sometime Friday night when 48-year-old Mahdi Allah slipped into the Hogan, Sullivan and Bianco funeral home at 1266 Ninth Ave.

A funeral home employee discovered Allah Saturday on top of the corpse with his pants around his ankles, passed out drunk, according to police spokesman Dewayne Tully. Allah, a former employee at the funeral home, allegedly used a key to let himself in sometime the previous night, went downstairs and removed the corpse from a storage freezer before placing it on the floor.

He is being charged with two counts of sexual assault upon a person who is unconscious or unaware and one count of burglary, according to Tully. The investigation is ongoing.

Eric Bianco, manager of the funeral home, said Allah, who police say is homeless, worked as an attendant at the parking lot adjacent to the home. Bianco said he was "absolutely disgusted" when he heard the news. He added that he did not know Allah closely and had no idea how he had acquired a key to the business.

"This isn't something that has a whole lot of history that I can comment on, it's just something that doesn't happen," Bianco said. "It's an unfortunate situation and if there is one person to blame it is the person who did it."

Bianco said that he had already spoken with the family of the woman and pleaded for the media to respect their privacy

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Alleged necrophiliac faces different charges

In a bizarre twist to a disturbing case, a man who allegedly had sex with the corpse of an elderly woman cannot be charged for that incident act.

Mahdi Allah, 48, was arraigned in court Wednesday morning and pleaded not guilty to one felony count of possession of stolen property and two misdemeanor counts of trespassing.

Allah was allegedly discovered by an employee Saturday morning in the basement of the Hogan, Sullivan and Bianco funeral home on Ninth Avenue, passed out drunk, with his pants down, on top of the cadaver.

But that apparently is not a crime in California. According to Assistant District Attorney Adrian Ivancevich, who is prosecuting the case, there are no laws in California that specifically address necrophilia.

"Trust me, we looked all over the penal codes. We looked everywhere. There is no charge for having sex with a corpse," Ivancevich said. "This is just one of those gaps that the legislature has not dealt with."

Ivancevich said there were laws against mutilating corpses and disinterment -- digging a body out of a grave -- but not against "having simple sex."

The upshot is that Allah, who did not speak during the arraignment, has been charged with the felony stolen property count -- the stolen key with which he allegedly let himself into the funeral home -- and the two misdemeanor trespassing charges. But the prosecutor will not even be able to touch upon necrophilia except in relation to one of the trespassing counts.


http://www.examiner.com/article/index.cfm/i/042204n_charges