| MONMOUTH
COUNTY FATHER AND SON CHARGED WITH
EXPOSING INDIVIDUALS TO UNECESSARY RADIATION
First Criminal Prosecution
Under State Radiation Protection Act
(04/11) TRENTON - Commissioner
Bradley M. Campbell, Department of Environmental Protection
(DEP) and Attorney General Peter C. Harvey Department of
Law and Public Safety announced that the DEP and the Division
of Criminal Justice (DCJ) - Environmental Crimes Bureau
charged a father and son with exposing employees and others
to unnecessary radiation. From November 2000 to April 2003,
during development of a medical digital x-ray detector,
Cares Built Inc., an x-ray equipment sales and manufacturing
company in Keyport, violated the law.
Regulatory and criminal charges were filed
against Cares Built Inc., Timothy Telymonde, the former
President and CEO of Cares Built, and his father, Andrew
Telymonde totaling $724,900 in administrative penalties.
Cares Built Inc., and Timothy Telymonde both received penalties
of $319,400 and Andrew Telymonde was assessed $86,100.
"Andrew and Timothy Telymonde flagrantly
violated the law and intentionally endangered their employees
and members of the public by exposing them to unnecessary
radiation," said Commissioner Campbell. "This
administrative penalty represents the largest radiation
related penalty ever issued by the DEP and is a testament
to the magnitude of the violations and should serve as a
deterrent to others."
"This is the first criminal prosecution
for violations of the state's Radiation Protection Act,"
Attorney General Harvey said. "The charges contained
in the criminal indictment and guilty plea outline egregious
and potentially health-damaging behavior by the defendants
in order to short-cut the testing and approval process for
a new x-ray technology. Such nefarious business practices
are abhorrent and will be investigated and prosecuted by
the Attorney Generals Office."
The joint DEP and DCJ investigation determined
that Timothy Telymonde and Andrew Telymonde took over 100
x-rays of 11 individuals. As part of Cares Built Inc.'s
development of a medical digital x-ray detector, employees
and members of the public were encouraged, and in some instances
paid to have x-ray images taken. Those irradiated include
a 19-year-old female, a 14-year-old boy, a 3-year-old girl,
and a homeless person. The 19-year-old female was x-rayed
as many as 50 times.
The investigation, which was initiated
by an anonymous telephone complaint received by DEP, also
revealed that the x-ray unit used was not registered with
the Department, preventing inspectors from ensuring that
the unit was in proper working order.
Additionally, Cares Built Inc. failed to
provide required shielding to some of the individuals it
x-rayed to protect their reproductive organs. Cares Built
Inc. also neglected to provide adequate shielding around
the x-ray tube to protect employees who were working in
the general area from exposure to radiation. The facility
seriously jeopardized the health of employees by failing
to monitor and record employees' radiation exposure levels
Neither defendant was licensed to perform
x-rays, nor was the company permitted to perform x-rays
on human subjects for non-medical purposes. New Jersey law
prohibits exposing humans to x-rays unless ordered by a
licensed physician.
The State Grand Jury returned a four-count
criminal indictment against Andrew Telymonde, 60, Skyline
Drive, Lakewood, Ocean County - three counts of unlawful
exposure to unnecessary radiation and one count of unlawful
x-raying without a license. A separate criminal accusation
charged Timothy Telymonde, 37, of First Street, Keyport,
Monmouth County, with unlawful exposure of unnecessary radiation
and unlawful x-raying without a license.
Timothy Telymonde pleaded guilty to the
criminal accusation on Feb. 17 before Monmouth County Superior
Court Judge Michael D. Farren; sentencing is scheduled for
April 2. The fourth degree charges carry a maximum penalty
of up to 18 months in state prison and a fine of up to $10,000
per count.
The indictment against Andrew Telymonde
was handed to Mercer County Superior Court Judge Charles
A. Delehey on Feb. 23. The case has been assigned to Monmouth
County Superior Court for trial. The defendant is presumed
innocent unless or until proven guilty.
Division of Criminal Justice - Environmental
Crimes Bureau and the DEP coordinated the criminal investigation.
The DEP maintains a 24-Hour Environmental
Hot Line - 1-877-WARNDEP to receive reports of environmental
crimes.
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