Commentary
Afro-Cuban Ritual Use of Human Remains:
Medicolegal Considerations
Introduction
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This is an accepted manuscript of an article appearing in the
Jan-Mar 2017 issue of the Journal of Forensic Identification.
For the definitive work, please see version of record, published
by the International Association for Identification
(https://www.theiai.org/jfi/jfi_titles.php).
Medicolegal professionals occasionally encounter human
remains that have been used for ritual purposes. In the state
of Florida, practitioners of the Afro-Cuban religious system of
Palo (a Kongo-inspired religion frequently referred to as Palo
Mayombe) use human skulls and crania in religious rituals [1–3].
Recent research by forensic anthropologists from the University
of Flor ida’s C.A. Pound Human Identif ication Laborator y
(CAPHIL) has identif ied biocultural and taphonomic signatures left by Palo practices on human remains [3]. Some of the
traits included in the biocultural and taphonomic signatures are
shared by other Afro-Cuban religious systems–most notably,
Ocha (often called Santería), Palo’s Yor uba-inspired cousin
religion [3–6]. However, other traits constitute unique elements
of Palo ritual [4, 5], enabling anthropologists to identify the
religious affiliation of these assemblages with confidence [3].
We begin this paper with a literature review describing the
religious systems of Ocha and Palo, the major components of
Afro-Cuban ritual assemblages, and the history of medicolegal
interactions with these assemblages. We then enhance existing
Afro-Cuban biocultural and taphonomic signatures [3] with new
observational data and present a synthesis of material cultural
and biological data to enable further specificity in identifying
Palo assemblages. Finally, we outline medicolegal considerations
for the identification and handling of these ritual assemblages of
human remains and material culture. We provide background on
the legal and illegal sourcing of ritual human remains, recommendations for criminal investigations, and guidelines for the
safe and ethical handling of these unique assemblages–including cases in which they have been contaminated with elemental
mercury.
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Afro-Cuban Religious Practices and Ritual Assemblages
Ocha and Palo: Similarities and Differences
However, the nature of that spiritual world–and the character of practitioners’ engagement with it–differs between the two
belief systems. Ocha centers on the worship of the orishas, West
African deities often recast in the guise of the Spanish santos
who inspired the religion’s popular name: Santería, the way of the
saints [16, 18, 19]. Ocha practitioners–santeros–can ascertain the
will of the orishas via divination, or even channel their life force
through dancing and trance. However, santeros cannot coerce
the orishas, because these deities make decisions independent
of human inf luence [5]. In contrast, Palo practitioners–paleros–
engage in active, even abusive forms of interaction with the spirits
of the dead around whom their religious practice centers and
whom they coerce to enact their works [5].
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The Afro-Cuban belief systems of Ocha and Palo developed
from the religious practices of West African Yoruba and Central
African Kongo peoples displaced from their homelands by the
slave trade [5, 7]. These practices were as distinct from each
other as they were internally diverse [4–6]. Imported into Cuba in
large numbers in the 19th century, Yoruba captives brought to the
island a complex tradition of multi-deity worship [4–6]. Imported
diffusely but continuously beginning in the 16th century, enslaved
Kongo peoples often practiced religious traditions honoring
spirits rather than deities–despite the fact that many had practiced
a form of Christianity long before their capture and forced
diaspora [5, 7]. In late-19th-century Cuba, these enslaved West
and Central Africans comprised a large proportion of the island’s
population. Although the majority lived and worked in rural,
agricultural settings, approximately one quarter of these enslaved
Africans lived in Cuba’s urban centers [8]. Many participated in
Church-sponsored African social clubs and other multi-ethnic
African urban organizations, and new religious systems developed in these dynamic and diverse urban contexts [9–11].
in Ocha practices have equivalents among the Palo spirit-archetypes [2, 17], sharing similar attributes, attitudes, and requisite
ritual material culture. For example, the Ocha deities Elegguá and
Ogún are often associated with the Palo spirits Lucero Mundo and
Zarabanda, respectively. The rituals of both traditions focus on
enacting spiritual works of healing and protection; Palo works
can also enact harm on an intended target. Practitioners of both
religious traditions rely on dance, song, drumming, and trance in
order to engage with the spiritual world.
Thus, though developing from distinct African traditions,
Ocha and Palo crystallized into stridently pluralistic, uniquely
Afro-Cuban forms [5]. For more than one hundred years, the
religions have maintained “clear-cut distinctions” [5] in spite of
their concurrent evolution, frequent confusion, and the fact that
the same individuals can and often do practice both [4, 10, 12].
Certainly, the two belief systems share similarities. Both traditions share certain ritual paraphernalia–including beads; candles;
statues; figurines; and the machetes, knives, and metal objects
sacred to the spiritual agents honored as warriors [9]. Practitioners
of both Ocha and Palo use elemental mercury, or azogue, in their
religious and folk practices [4, 13, 14]. Both traditions involve
animal sacrifice, leading to the deposition of faunal bones, blood,
feathers, and other remains in religious assemblages [4, 6, 15, 16].
Both religious systems rely on fundamental laws of association in determining their requisite material culture. The Law
of Similarity (like produces like) dictates that items containing
photographs, names, and personal-identification information can
appear in ritual assemblages intended to produce an effect on a
specific target. The Law of Contact dictates that items that have
been in contact with a designated target (e.g., clothing) can be
incorporated into ritual assemblages. Some of the deities honored
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Material Culture Associations
These differences in approaches to worship translate to
different material cultural signatures [4]. The godlike orishas
of the Ocha tradition are honored with European-inspired creole
assemblages consisting of ornate thrones and baroque sopera
vessels [9, 20]. In contrast, mpungu, the spirit-archetypes of
the Palo cosmos, are summoned to action with the quintessential Palo assemblage: the fierce and potent nganga [9, 13, 20].
Called “the essence of Palo”, the nganga (or prenda) is a ritual
assemblage typically contained in a cauldron or pot [17]. Each
nganga consists of an assemblage of symbolic items of material
culture, all working with the palero to become an active agent
of healing, harming, or protective magic [5, 21, 22]. These items
of material culture can include palos (sticks), bilongos (magical
works), soil, azogue, and the animal blood and remains deposited
during offerings to the mpungu (Figure 1). Chains are frequently
present, symbolizing the binding of the nganga’s spiritual forces
to the palero. Associated firmas, Kongo-inspired linear designs,
represent spiritual caminos (paths) on which the mpungu travel
to enact their works (Figure 2 [also see images in 3, 17, 23]).
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The most important element of the nganga, however, is the
nfumbe–the dead one, or the force of the dead–represented by
human remains [4]. These human remains animate the nganga
with their associated spiritual presence, galvanizing the other
spiritual and natural forces within the cauldron [4]. The powerful nfumbe are incited to even greater potency when their host
remains are acquired by grave robber y–an act that paleros
believe involves stealing souls as well as bones [5, 13]. From
the medicolegal perspective, this may be the key difference
between Ocha and Palo assemblages. Ocha thrones, altars, and
other orisha assemblages rarely include human remains, but Palo
ngangas almost always do [2, 4, 11, 22].
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Further, individuals practicing both Ocha and Palo tend to
segregate their religions’ respective material culture assemblages into separate ritual spheres [5]. The spatial arrangement
of nganga assemblages within a palero’s ritual sphere also has
the potential to aid in differentiating their intention. Single
paleros can create distinct types of nganga. Prendas cristianas
(Christian or baptized ngangas) are ritual assemblages containing crucifixes or holy water [17]. These relatively benign ngangas
can perform healing and harming works, but they are prevented
by a governing Christian doctrine from killing the target of their
magic [4, 17]. In contrast, prendas judias (Jewish or unbaptized
ngangas) are capable of killing a specified target [4]. Within the
Palo ritual sphere, the more benevolent prendas cristianas may
be more prominently displayed, while the potent and malevolent
prendas judias may be hidden from sight [4]. Finally, prendas
cristianas frequently contain concealed nfumbe, while prendas
judias may showcase human remains prominently [4].
Figure 1
Palo nganga assemblage dedicated to the mpungu Zarabanda.
Medicolegal Interpretations
Figure 2
Firma (Kongo-inspired linear design) recovered during medicolegal analysis
of an nganga dedicated to Zarabanda.
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Cuban emigration has brought the practice of these religious
traditions to the United States–beginning with the post-Revolution arrival of an estimated 430,000 Cubans in Miami-Dade
County alone, and continuing through the introduction of more
than 120,000 additional Cuban refugees in the Mariel Boatlifts
of 1980 [6, 24]. Many of these émigrés practiced Ocha and Palo,
and subsequent migrations have introduced more practitioners.
Non-Cuban Americans, including many non-Latino African
Americans, now practice these religions [6, 10, 25]. A recent
American Religious Identification Survey estimates the number
of practicing United States santeros at 22,000 [26]. However, the
true number is likely far higher–particularly in light of 1990sJournal of Forensic Identification
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era sources estimating numbers of santeros at 70,000 in South
Florida [27] and 300,000 in New York City [28]. No United
States survey to date provides Palo-specific statistics.
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The United States medicolegal community has long been
aware of the use of human remains in Af ro- Cuban r it ual
practices [1–3, 23, 29–36]. Beginning with the publications of
Wetli and Martinez [1, 2], forensic anthropologists and medical
examiners have described individual cases of human remains
in Afro-Cuban ritual contexts [31, 35], small samples of ritual
assemblages [1, 2, 23, 29, 32], and larger-scale surveys of medicolegal cases involving ritual remains [3, 36]. Yet, although forensic
anthropologists and pathologists have developed a strong tradition of identifying the indicators of broadly defined Afro-Cuban
rituals, even the most nuanced of medicolegal publications (for
example, Wetli and Martinez [1]) can gloss over the subtleties
differentiating Ocha from Palo practices. Some medicolegal
professionals still casually refer to the human remains within
nganga assemblages as “Santería skulls”–a contradictory term
that ignores the fact that skulls are not actually used in Ocha
ritual [3]. This lumping of Ocha and Palo may ref lect a desire
by medicolegal professionals for the broad Afro-Cuban ritual
context of the remains to be understood by the lay public. It may
represent an attempt to communicate to the medicolegal community that these remains are not forensically, but rather culturally,
significant. It could also ref lect the fact that, rather than relying
on ethnographic or other academic sources, medicolegal researchers tend to cite more general sources that do not adequately
or accurately depict Ocha and Palo practices (for example,
Perlmutter [33], Perlmutter [34], González-Wippler [37])1. Yet,
the nearly mutually exclusive material cultural signatures resulting from Ocha and Palo practices highlight the fact that Ocha
assemblages can be reliably differentiated from Palo ngangas in
the medicolegal context [3, 4, 23].
adherent soil, blood, feathers, hair, and mercury) as well as
material culture associated with the remains (e.g., faunal bones,
cauldrons, beads, and sticks [3]). Contextual data form another
component of the biocultural and taphonomic signatures: the
majority of these assemblages of human remains and material
culture are found as primary deposits in in situ religious contexts,
typically outside or within the home [3]. Others are encountered
as secondary deposits (often near water) or confiscated during
airport screenings [3]. Finally, the estimated biological characteristics of the ritual remains indicate that they tend to be adult
males, primarily of non-European ancestry [3]. Informed by the
largest sample of Afro-Cuban ritual remains analyzed to date
(n=42 cases), this study [3] conf irms that some of the traits
included in the Florida taphonomic and biocultural signatures
are also utilized in Ocha rituals (e.g., beads, candles, mercury,
blood, feathers, faunal remains), whereas other traits are unique
elements of Palo ritual (e.g., cauldrons, sticks, human remains).
In a recent article, University of Florida researchers present a
series of Afro-Cuban ritual cases analyzed at Florida’s CAPHIL
forensic anthropology laboratory, identifying biocultural and
taphonomic signatures shared by human remains used in Florida
Palo ritual practices [3]. The signatures include taphonomic
modifications evidenced on the remains themselves (e.g., soil
staining; postmortem shar p-force and handling damage; and
1
In one such source [38], the author apologizes for the “sketchy... tales and
anecdotes”, “inaccuracies”, and outright “misinformation” included in a
previous edition–a source cited in multiple seminal medicolegal publications
(for example, Wetli and Martinez [1], and Wetli and Martinez [2]).
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Guidelines for Medicolegal Analyses of Afro-Cuban Ritual
Assemblages
Our combined decades of Florida medicolegal casework have
included skeletal analysis of Afro-Cuban ritual human remains,
ritual scene investigation, par ticipation in rit ual practices,
and informal conversation with practitioners. In the following
sections, we present observations that further enable a differentiation between Ocha and Palo and an accurate medicolegal
inter pretation of ritual assemblages. Unless otherwise cited,
these observations and opinions are informed by our own professional experiences.
Differentiating and Interpreting Afro-Cuban Ritual
Assemblages
Importantly, elements of the Florida Palo biocultural and
taphonomic signatures warrant a caveat in light of our observations. In particular, the claim that human remains only appear in
Palo assemblages [3] requires revision. Skulls, crania, and long
bones indeed number among the items of material culture exclusive to Palo ritual. This likely ref lects the belief by paleros that
their nfumbe require both intelligence (represented by the skull)
and mobility (represented by the long bones of the limbs). Yet,
although the fact remains that these larger skeletal elements are
not used in Ocha rituals, conversations with practitioners reveal
that Miami santeros occasionally incorporate smaller skeletal
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elements into their Ocha assemblages. For example, in certain
ramas (branches) of Ocha, followers of the orisha Babalú Ayé
use phalanges in their ritual practices. Though little acknowledged, this practice is not altogether surprising considering that
one camino (facet or avatar) of this santo muertero is believed
to operate the hearse used to transport the dead to the gravesite.
Practitioners dedicating a ritual assemblage to this camino of
Babalú Ayé may place phalanges within the orisha’s ceramic
sopera.
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Second, contrary to the claim that the presence of a cauldron
def initively indicates a Palo rit ual assemblage [3], Florida
followers of the orisha Ogún sometimes include iron pots in
their Ocha assemblages (Figure 3). However, although these pots
can resemble smaller-scale versions of the ngangas dedicated to
the mpungu Zarabanda (Figure 1), they do not include human
remains, and they are f requently associated with material
culture exclusive to Ocha (Figure 3). Finally, in contrast with
the portrayal of skull-centered nganga assemblages [3], on rare
occasions, Florida paleros procure nfumbe-spirits without the
acquisition of their physical remains. In these cases, paleros
honor and maintain prendas espirituales (spiritual ngangas), as
opposed to typical ngangas centered on human remains.
Rather than indicating that medicolegal analysts should
be less specific in their interpretations of Afro-Cuban ritual,
however, we propose that even greater specif icit y may be
possible. Medicolegal professionals can still use the patterns
summarized in previous research to distinguish the signatures
of Palo from those of Ocha [3], as long as they bear in mind
the above caveats regarding the occasional use of phalanges in
Babalú Ayé ritual, the possible presence of small pots in Ogún
ritual assemblages, and the infrequent occurrence of prendas
espirituales.
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Figure 3
Small cauldron assemblage dedicated to the orisha Ogún. Note associated
material culture exclusive to Ocha ritual, including European-inspired
ceramics.
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Male Mpungu
Mpungu
Orisha; Santo(s)
Female Mpungu
Material Culture Associations
Biological
Characteristics
of Nfumbe*
Juvenile remains
Lucero
Mundo/ Nkuyu
Elegguá; Christ
Child, Holy
Guardian Angel,
St. Anthony of
Padua
Red-and-black beads; clay
images with cowry-shell facial
features; conch shells; coins;
mirrors; particular association
with metallic mercury, gates,
and crossroads
Siete Rayos/
Nsasi
Changó; St.
Barbara
Red-and-white beads; swords
and axes; particular association
with thunder, lightning, and fire
Cobayende/ Tata
Funde
Babalú-Ayé; St.
Lazarus
White-and-purple beads; purple
objects; cigars; coins; glasses
of water; particular association
with healing and the sick
Tiembla Tierra/
Ma Kengue
Obatalá; Our
Lady of Mercy,
Holy Eucharist,
the Resurrected
Christ
White beads (occasionally red
beads); pearls; white objects and
garments; particular association
with wisdom and purity
Zarabanda
Ogún; St. Peter,
St. Santiago
Iron nganga vessel; blackand-green beads; red ribbons;
canine bones; reptile remains
and eggs; metallic items
(including horseshoes and
weapons); chains adorned
with agricultural implements;
particular association with iron,
the railroad, and railroad spikes
Male remains
Mama
Chola
Oshún; Our Lady
of Charity
Clay nganga vessel; yellow
or white-and-yellow beads;
mirrors; shells; copper and
gold; particular association with
rivers, love, and money
Female remains
Ma’ Kalunga/
Madre Agua
Clay nganga vessel; whiteYemayá; Our Lady and-blue beads; particular
of Regla
association with fertility, the
sea, and seafaring
Centella Ndoki
Oyá; Our Lady of
Candelaria
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Further, medicolegal professionals can use material cultural
and biological data to distinguish between the types of nganga
represented by Palo assemblages (Table 1). According to Palo
t radition, ngangas can not share nf umbe, and each t y pe of
nganga requires a different type of animating spirit. Each of
these mpungu is associated with a requisite body of material
culture and biological characteristics (Table 1). Because an
nganga dedicated to the youthful, capricious trickster, Lucero
Mundo, requires a juvenile nfumbe [4], the presence of juvenile
remains in an nganga assemblage may indicate its dedication
to this particular mpungu (Table 1). For an nganga dedicated
to the feminine Ma’ Kalunga, spirit of the sea, items associated with seafaring might be contained within a white-and-blue
clay vessel (Table 1). For an nganga dedicated to Zarabanda, the
lord of metals, paleros might fill an iron cauldron with metal
objects including horseshoes, magnets, nails, pliers, scissors,
razor blades, machetes, and other knives [4, 39]. Metal chains
are sometimes ornamented with agricultural tools and other
implements associated with this mpungu [2, 3]. Additionally,
Palo mythology connects Zarabanda with the railroad–possibly
emblematic of the Afro-Cubans who constructed Cuba’s rail
system [17, 40]. The presence of metallic objects and railroad
spikes in a Palo assemblage, or its deposition near railroad
tracks, may denote a dedication to Zarabanda (Table 1, Figure 1).
Gourd or clay nganga vessel;
particular association with
death and the cemetery
Animal bones, horns, feathers, and blood; soil and/
or grave dirt; stones; shells; beads; sticks (palos) and
hooked staves; metallic mercury (azogue); machetes;
horseshoes; railroad spikes; candles; herbs; chains;
linear designs (firmas); crucifixes and holy water
(in the cases of benevolent or baptized prendas
Additional material
cristianas); rum and/or chamba (sacred drink of
culture associated with
Palo); figurines (including that of Francisco Siete
multiple mpungu
Rayos, envisioned as the deified African ancestor);
items in multiples of seven; multi-colored necklaces
symbolizing the whole spiritual universe of Palo,
with beads representing each mpungu’s colors
and/or associated symbolic items (e.g., tools for
Zarabanda, shells for Mama Chola).
* Blank cells indicate no data found in the literature. However, biological sex of
associated nfumbe may be expected to follow the gender of the mpungu.
Table 1
Major Palo spirits: associated Ocha orishas and Spanish-Catholic santos;
requisite items of material culture for nganga assemblages; and biological
characteristics of associated human remains
[2, 3, 4, 6, 13, 16, 17, 21, 40, 62].
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However, one fact that likely will not change is that the majority of Palo remains seem to originate from cemetery contexts. In
the CAPHIL Florida Palo sample, approximately 47% of cases
represent instances of grave robbery [3]: the looting of either
modern cemetery (36.2%) or historic or archaeological remains
(10.6%). Even in non rit ual cases, forensic anth ropologists
sometimes encounter remains unearthed from historic contexts
(between 5% and 8% of forensic anthropology cases [45, 46])
or cemeteries (approximately 7% of forensic anthropology
cases [46]). These cemetery remains are typically identified
on the basis of extensive soil staining, warping, root damage,
artifact staining, and the posterior cortical f laking characteristic
of coffin burial [45–49].
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Thus, although allowance must be made for the individual
preferences of practitioners, as well as the differential accessibilit y of var ious mater ials included in the assemblages,
determining the spiritual affiliation of an nganga may be possible
in the medicolegal context. For example, one nganga assemblage
analyzed at Florida’s CAPHIL [3] consists of an iron cauldron
containing human remains; railroad spikes; a metal chain
decorated with agricultural implements; and multiple knives,
tools, and other metal objects. A dedication to the mpungu
Zarabanda is likely. Iron cauldrons associated with human and
faunal remains; palos; and metallic chains, knives, and railroad
spikes obser ved in New York [23] and Massachusetts [35]
also constitute possible Zarabanda ngangas. Another Florida
CAPHIL case details the recovery of a ritual assemblage from
a body of water: in contrast with the iron cauldron and metallic
items typically associated with a Zarabanda assemblage, the
blue-and-white ceramic vase filled with seashells and nauticalthemed objects is likely a Ma’ Kalunga nganga [3].
Understanding the Sourcing of Ritual Remains
Determining the source of human remains used in Palo ritual
is a paramount issue in the medicolegal setting, with the potential to implicate practitioners in grave robbery, or exonerate
them of such charges. In the CAPHIL sample of Florida Palo
assemblages (n=42), approximately 11% of ritual human remains
are anatomical specimens [3]. Some of these remains may have
been legally sourced, for example, from online venders [41]. It is
interesting to note that between the dates of this commentary’s
submission and acceptance, the popular online auction house
eBay changed its policy on the sale of human remains: at the
time of submission, the policy stated that sellers were permitted
to list human skulls and skeletons intended for medical use [41];
as of this writing, the site prohibits the listing of human remains
other than scalp hair [42]. This action may constitute a response
to a recent publication highlighting sourcing ambiguities and
legal repercussions of online remains trafficking [43]. Cases
of the illegal online sale of human remains have been reported
previously [44]. The eBay policy change affects paleros’ (and
other human-remains traders’) online access to anatomical
specimens, and may well result in changes to their nfumbesourcing practices.
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Because they do not represent the victims of open homicide
or human-rights-abuse investigations, these disturbed cemetery
remains do not constit ute ty pical forensic anthropology or
medical examiner casework. However, in the state of Florida,
willfully and k nowingly disturbing the contents of a grave
constitutes a second-degree felony [50, 51]. Even decades-old
cemetery remains become medicolegally significant when they
are illegally removed or desecrated. Thus, practicing paleros
are faced with the dilemma of whether to source human remains
legally, potentially resulting in a less-potent nfumbe, or to follow
the tradition of procuring remains from cemeteries, risking legal
sanction. Abandoned cemeteries seem to emerge as frequent
targets–particularly those with aboveground mausoleums that
maximize access to human remains while minimizing risk and
effort. Cemeteries may provide the source for the human remains
sold in many botánicas–stores supplying a variety of materials
for Afro-Cuban, Caribbean, and Latin American religious and
folk practices.
Although practitioners sourcing nfumbe from cemeteries
may target individuals with specific age, sex, or other biological
characteristics (Table 1), they are less likely to target individuals who were known to them during life. This underscores the
fact that many nfumbe remain unidentified in the medicolegal context [3]. Pinpointing the country of origin of an nfumbe
may be possible, however; characteristic autopsy ar tifacts,
dental restorations, or other surgical implants may indicate a
non-United States origin. Isotopic analyses also hold the potential to differentiate between United States and Caribbean or Latin
American individuals [52–54]. Although we have not witnessed a
thriving remains trade between Cuba and the United States, it is
likely that some emigrating Palo practitioners may wish to bring
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their nfumbe with them to their new locations of settlement.
Florida forensic anthropology cases in which ritual remains were
apprehended during United States customs screenings support
this idea [3]; in one such case, the individual transporting the
remains alleged that he had exhumed them from the grave of
his Cuban mother.
Redressing Medicolegal Misunderstandings of Palo Practices
Palo ngangas are frequently encountered during criminal
investigations, and nfumbe may be sourced by illegal graverobbing activities. However, it is impor tant to specify that
the other rit uals contributing to these assemblages are not
themselves criminal [24]. Animal sacrifice is legal if conducted
in accordance with regulations for the humane slaughter of
animals [15, 27]. Most of the old and oft-cited allegations of
human sacrifice in Palo ritual have been subsequently discredited [9, 57]. Although blood is of ten found in association
with Palo assemblages, it has not been found to be human in
origin [3]. Even in the infamous series of murders committed
by a palero in the late 1980s [58], the crimes may have had
more to do with intimidating the drug-trafficking community
and less to do with actual Palo ritual [60]. The marginalization
of Palo may be due to its appearance, from the nonpractitioner’s
perspective, as representing black magic–what early scholars
termed brujería [57]. It is often characterized as the darker side
of Ocha [1], a reputation that is due in large part to Ocha’s
association with the worship of the saints, contrasted with
Palo’s inability to mesh with a Judeo-Christian ethos [4, 5, 12].
Historically misunderstood, Palo rituals have been darkened by
the shadow of the more mainstream, Christian-complimentary
Ocha [5]. By adjusting their perspectives on Palo’s association
with criminality, members of the medicolegal community can
play a role in redressing the misconception that Ocha practice
is good, while Palo practice is bad.
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Although medicolegal professionals have long engaged with
the assemblages resulting from Palo rituals, they still confound
Palo and Ocha practices. A recent survey of forensic anthropology case files shows that although medicolegal analysts have
known the difference between Ocha and Palo for decades, they
have often persisted in classifying both as Santería [3]. At times,
medicolegal analysts even classify Palo assemblages as the result
of religious practices outside the Afro-Cuban tradition. In one
Florida CAPHIL case, medical examiner documents state that
the owner of a Palo assemblage likely practiced “voodoo” [3].
Likewise, in his foreword to an Ocha volume [55], Dr. Charles
Wetli repor ts that his medical examiner colleagues refer to
Afro-Cuban rituals as “Cuban Voodoo”. In another article [2],
a series of nganga assemblages bears the erroneous caption,
“voodoo parapher nalia”. This misnomer is also applied to
custodial staff responsible for disposing of the Ocha and Palo
offerings deposited near Miami courthouses; the courthouse
custodians are known as the “Voodoo Squad” in local parlance.
in criminal activities. Cemetery administration or groundskeepers may also serve as reliable medicolegal informants during an
investigation of presumed grave-robbing activities. At times,
ngangas themselves can act as medicolegal informants, potentially containing names or images of a palero’s associates or
enemies that can guide an investigation. For example, in one
Florida CAPHIL case, a cranium within an nganga owned by an
alleged drug dealer contained slips of paper on which the names
of the palero’s enemies were written [3]. For a palero, a potent
nganga assemblage may even provide an intuitive deposition
location for firearms, knives, and other weapons–particularly
when the nganga is dedicated to the warlike Zarabanda.
Although a con nection bet ween g rave robber y and the
sourcing of Palo ritual remains is undeniable [3, 4], and the
commodification of human remains is illegal in some states [43], a
mistaken association between Afro-Cuban religious practice and
other forms of criminality has also persisted [6, 33, 34, 56, 57].
Perhaps beginning with the alleged ritual murder of children by
Palo practitioners in the early 20th century [5], Palo in particular
has been misinterpreted as having a criminal connection. This
antimony toward Palo was only heightened after a series of ritual,
drug-related murders in Mexico during the late 1980s [58], and
the Satanic Panic that ensued [59]. Some medicolegal professionals continue to associate Palo with drug trafficking [34]. This is
not necessarily a baseless accusation. Individuals involved in the
drug trade may indeed be attracted more to Palo than to Ocha,
because of the aggressive, eye-for-an-eye nature of Palo’s magic.
From the medicolegal perspective, this means that the religious
family formed by a circle of practitioners may be a valuable
source of criminal information in cases where a palero is involved
Journal of Forensic Identification
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Journal of Forensic Identification
67 (1), 2017 \ 15
Safe Handling Procedures for Palo Assemblages
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In the 1980s and 1990s, the majority of Florida’s CAPHIL
Palo cases (85%) originated from the Miami area [3]. Between the
years 2000 and 2014, however, just 27% of the Palo cases analyzed
at Florida’s CAPHIL originated from Miami-Dade count y,
with the majority originating from other locations throughout the state [3]. Medicolegal analysts in New York [23, 31],
New Jersey [32], Massachusetts [35], and California [61] have
also reported cases of Afro-Cuban ritual use of human remains.
We anticipate that medicolegal professionals throughout the
United States will increasingly encounter Afro-Cuban ritual
cases, and that these practices will disperse further. Thus, the
inter national medicolegal community should be prepared to
analyze Afro-Cuban ritual assemblages effectively.
Medicolegal professionals can expect to encounter the majority of Palo nganga assemblages within in situ ritual contexts. Palo
practitioners frequently store these ritual assemblages in sheds,
yards, and outbuildings [3]. These sheds act as private, spatially
delineated temples for Palo nganga ceremonies–separate even
from the Ocha ritual sphere, in cases where single individuals
practice both Ocha and Palo. Within these temple-outbuildings,
nganga assemblages typically rest on bare earth. When found
outside the ritual sphere, however, nganga assemblages are
commonly secondarily deposited in open locations, often in or
near bodies of water [3]. Railroad tracks may represent another
likely deposition location, particularly in cases where nganga
assemblages are dedicated to the mpungu Zarabanda.
Figure 4
Elemental mercury in Palo ritual remains: anterior radiograph of human
mandible, with presence of mercury indicated by small, radiopaque densities
within the alveoli (circle). Inset photograph shows small globules of mercury
removed from the mandible during analysis.
The presence of mercur y in association with Palo ritual
remains warrants discussion (Figure 4). Paleros add elemental
mercury (azogue) to nganga assemblages in order to conjure the
mpungu, quickening their works with the fast-moving quicksilver [2, 4, 13, 62, 63]. Approximately 16% of Florida’s CAPHIL
Palo cases exhibit adherent elemental mercury [3]. Afro-Cuban
ritual cases investigated by the New York City Office of Chief
Medical Examiner sometimes include vials of mercury [23].
The substance is not always visible at the outset of medicolegal
analysis, because adherent sediments, animal blood, or feathers may obscure mercury adhering to external bone surfaces.
Alternately, mercury adhering to endocranial surfaces may only
be visible radiographically, where it can form small globules that
appear as bright points of radiopacity, easily distinguished from
the lead wipe characteristic of a projectile (Figure 4).
Journal of Forensic Identification
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Journal of Forensic Identification
67 (1), 2017 \ 17
In fact, the most dangerous use of mercury–sprinkling, which
results in mercur y inhalation–may originate from a context
outside the Afro-Cuban religious tradition, or even from a
nonreligious context, possibly constituting personal or cultural
superstition [14, 70]. We do not intend to imply that medicolegal responders should not take precautions when dealing with
mercur y. However, we war n that censure of Palo practitioners’ use of mercury may inadvertently marginalize an already
little-understood population, without accurately ref lecting the
realities of their exposure risk [14].
The Ethics of Analyzing Palo Assemblages
In spite of their potential contamination with elemental
mercury, nganga assemblages frequently include human remains
and weapons, warranting thorough medicolegal investigation.
Yet, disassembling an nganga is a destructive activity akin to
excavating an archaeological site: the ritual elements contained
within an nganga have accumulated in situ like sedimentary
layers; once those contents are removed, their context is destroyed,
and their spatial relations cannot be reconstructed. Thus, we
recommend that ngangas be excavated–with photographs, notes,
and sketches documenting the in situ arrangement of human
remains and material culture as each layer of the ritual deposit
is removed. In an approximation of archaeological excavation
methodology, medicolegal analysts can first sketch, then photograph, and finally remove and inventory each arbitrary layer of
ritual materials before beginning the investigation of the next,
successively deeper arbitrary layer of materials. In this manner,
analysts can determine the depositional sequence of an nganga’s
diverse components [76], revealing the life history of an assemblage that may include multiple episodes of animal sacrifice;
the deposition of bilongos tracking a practitioner’s history of
magical works; the inclusion of personal-identification media
that could guide an investigation; and the placement of nfumberemains either within or atop an assemblage, depending on the
benevolent or malevolent affinity of the nganga (i.e., prenda
cristiana or judia). Medicolegal personnel should also describe
the biological, material cultural, and taphonomic characteristics of the contents in detail to enable the identification of the
patter ns indicative of Palo practice and potentially to allow
further specificity regarding nfumbe (Table 1).
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O t h e r A f r o - C u b a n r el ig io u s t r a d it io n s a l s o u t i l i z e
azogue [64–67], as do the religious and nonreligious practices of
other cultural groups [68]. It can be easily procured at botánicas,
where it is often sold in small capsules or vials [14, 64, 67–69].
In certain Latin American and Caribbean religious and healing
contexts, it is reportedly swallowed, applied to the skin, burned
in lamps or candles, carried in amulets and pouches, or sprinkled
around a home [14, 64, 65, 67, 70]. In one case reported in the
environmental health literature, two Central American individuals received subcutaneous injections of the element in order to
ward off evil during foreign travel [71]. In another, nine children
suffered mercury poisoning after finding and opening a vial of
elemental mercury prepared by an Ocha practitioner [72]
In light of such alarming reports, the passage of legislation
limiting the sale of elemental mercury seems inevitable [73].
Some medicolegal sources explicitly warn responders to beware
of mercury when entering Palo-related crime scenes [30, 33].
The Miami-Dade County Medical Examiner Department has
informed local law enforcement agencies of the danger of unwittingly transpor ting Palo remains to an off ice or laborator y,
explaining that “this liquid metal presents a potential health
hazard for anyone who handles. . .these items” and warning
that “All law enforcement agencies should exercise caution
when responding to any scene or location where human or
other skeletal remains are discovered and may be associated
with religious artifacts.” [74] This medical examiner department recommends that law enforcement agencies collaborate
with fire-rescue departments’ hazardous materials teams to take
readings of potentially contaminated materials before processing a scene [74].
Certainly, medicolegal responders should follow the personalprotection protocols necessary to ensure their own health during
scene processing and analysis. However, there is evidence that
legal action against the religious use of mercury may not ref lect
the realities of health risks within the Palo-practitioner community. Although isolated cases of mercury poisoning have been
reported [71, 72], larger-scale surveys of mercury exposure in
populations using mercury for cultural and religious purposes
have either been inconclusive [75] or have shown no overall
evidence of elevated mercury levels [68, 73]. The limited use
of small amounts of mercury in Latin American and Caribbean
religious ritual does not necessarily result in increased exposure,
and the frequent Afro-Cuban practice of containing the element
within a vessel may actually reduce exposure risk [14, 68, 70].
Journal of Forensic Identification
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These analyses can also enable medicolegal personnel to
identify how Palo remains are sourced [3, 32]. In spite of the
popularity of cemeteries as sources for nfumbe, a minority of
Journal of Forensic Identification
67 (1), 2017 \ 19
ation of the remains to a disturbed grave. However, museum
curation may be considered in those cases where remains appear
anatomical but where respective practitioners are unknown,
state laws prohibit sale and possession of human remains, or
nganga assemblages are secondarily deposited outside the ritual
sphere. The collections of the Smithsonian Institution’s National
Museum of the American Latino or National Museum of African
American History and Culture represent two possibilities for
curation. Alternately, medicolegal professionals may find ways
to dispose of these assemblages according to state or federal
regulations, while preserving the original intention of the ritual
deposition of the remains.
We believe that the medicolegal com munit y should not
make these decisions on behalf of Palo practitioners, but rather
should include them in this decision-making process. We hope
that medicolegal analysts begin to work with members of Palo
communities to develop culturally appropriate means of determining the fate of legally obtained assemblages. When the owner
of a set of ritual anatomical remains is unknown, or even when
an owner is known but state legislation prohibits the noninstitutional ownership of human remains, museum curation of legally
obtained remains may be preferable to laboratory retention or
interment in anonymous graves. In contrast, Palo practitioners
may not view museum curation and display as appropriate in
cases where nganga assemblages have been secondarily deposited to diffuse the power of particularly dangerous nfumbe.
In these cases, burial may be the most culturally appropriate
disposal method.
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Palo cases include remains prepared as anatomical specimens;
forensic anthropologists are often able to confirm an anatomical origin for these remains based on their biocultural and
taphonomic traits [3, 32, 77–79]. In these cases, it is possible
that the remains have been sourced legally. This highlights an
ethical issue in medicolegal practice. Palo remains are typically
confiscated during the investigation of unrelated crimes. They
make their way to medical examiners, and ultimately to forensic anthropologists, for analysis. Because the remains used in
Palo ritual are nearly always unidentified, and given the diversity of laws prohibiting the sale and personal ownership of
human remains in multiple states [43], the remains are typically
curated indefinitely at laboratories following analysis, or they
are interred as unknowns. However, there may be situations in
which the biocultural and taphonomic signatures of the remains
indicate an anatomical origin [3, 32, 77–79], and state legislation
permits the sale and possession of human remains [43]. On the
rare occasions in which both of these conditions are met, returning these ritual objects to their owners may be more ethical than
interring them or retaining them at laboratories.
It is perhaps worth restating that the argument for returning Palo ritual assemblages only applies when state law permits
ownership of remains and forensic anthropological analysis
ensures that they were procured legally as anatomical specimens
(approximately 11% of cases [3]). Further, it should be noted
that Palo assemblages can only be returned when the respective palero is known and the nganga assemblage is found in
an in situ ritual context. For example, in situ nganga contexts
represent 34% of Florida’s CAPHIL Palo cases [3]. However,
in 25.5% of Florida Palo cases, nganga assemblages are secondarily deposited outside the ritual sphere [3]. These secondary
deposits likely constitute intentional and permanent depositional acts, and attempts should not be made to return remains
to a practitioner in secondarily deposited cases. In essence, the
threat of danger posed by a particularly potent nfumbe may have
motivated the palero to remove the nganga assemblage from
the ritual space. Bodies of water represent particularly common
deactivation zones for such deposits.
In cases where medicolegal personnel cannot ascertain legal
procurement of anatomical nf umbe-remains, retention at a
medicolegal facility likely represents best practice. This ensures
that the remains are available for future analysis and transfer if
forensic or archaeological significance is subsequently proven, or
if the resolution of grave-robbing investigations allows repatriJournal of Forensic Identification
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Employing paleros as medicolegal consultants is one option
that could facilitate disposition practices that are both legally
and culturally responsible. It is important to note that appropriately neutral consultants may be difficult to find in jurisdictions
where Palo-related grave-robbing activities have occur red;
however, as United States Palo-practitioner communities grow,
searching outside of one’s local jurisdiction might reveal practitioner consultants who are willing to cooperate with medicolegal
personnel. We believe that identifying these willing, neutral,
and nonlocal consultants may be worth the effort. Practitioner
consultants might consult with their religious communities
in order to obtain consensus decisions for nganga disposition
(i.e., museum curation, laboratory retention, anonymous interment) that could guide medicolegal practice. These consultants
might even conduct divination activities to determine the fate
of legally obtained Palo cases in accordance with the will of
Journal of Forensic Identification
67 (1), 2017 \ 21
the spirits of their pantheon. Fostering goodwill between the
medicolegal and Palo-practitioner communities also has the
potential to open doors for these practitioner consultants to
inform future medicolegal investigations.
Conclusion
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In forensic anthropology’s cousin discipline of archaeology,
cultural resource management has utilized descendant-community consultation and participation to emphasize the coexistence
and validity of both cultural and scientific knowledge [80–84].
We envision medicolegal professionals building bridges with
Afro-Cuban communities by applying a similar model of practitioner-community engagement.
Medicolegal practice has moved beyond a confusion of Palo
with Ocha ritual. Medicolegal professionals can use recently
published biocultural and taphonomic signatures [3] to differentiate between Palo and Ocha ritual assemblages–and potentially
use the material cultural data presented herein (Table 1) to differentiate among the diverse types of Palo nganga assemblages.
However, we emphasize several caveats important to a correct
classification of Afro-Cuban ritual assemblages: (1) Although
skulls, crania, and long bones indicate the presence of a Palo
assemblage, phalanges are occasionally used in Ocha Babalú Ayé
rituals; (2) Although pots and cauldrons are characteristic of
Palo ngangas, small cauldrons may also appear in Ocha Ogún
ritual assemblages; (3) Although Palo ngangas typically contain
skulls or other nfumbe-remains, infrequently, prendas espirituales do not contain human remains.
The criminal component of certain Palo nganga assemblages
can guide medicolegal investigations, and investigators must
always consider the possibility that Palo remains are illegally
sourced from cemeteries. However, we urge that the medicolegal
community refrain from a default association of Palo practices
with other criminal activities. Conducting taphonomic studies
of Palo remains and engaging in interviews with informants can
assist in determining when remains have been legally or illegally
sourced. In those rare cases where ritual remains are ascertained
to be the legal property of a Palo practitioner, we recommend
returning these ritual objects to their owners.
We recommend that medicolegal personnel employ universal
personal-protection precautions when processing crime scenes
containing Palo nganga assemblages in order to safeguard
Journal of Forensic Identification
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themselves from exposure to the elemental mercury frequently
present in these assemblages. Law enforcement agencies may
find it prudent to collaborate with hazardous materials teams
to ensure that readings are taken of potentially contaminated
materials before a scene is processed. In the laboratory context,
radiography should be routinely used as a tool for identifying the presence of mercury in a ritual assemblage. However,
we believe it likely that elemental mercury presents more of a
danger to nonpractitioners than to members of the Palo community in light of research highlighting the poorly understood
and often-responsible use of mercury by Afro-Cuban religious
practitioners [14, 70]. We recommend that medicolegal professionals excavate nganga assemblages responsibly, thoroughly
documenting the spatial arrangement, material cultural context,
and biological and taphonomic characteristics of their contents.
Finally, we hope that the medicolegal community begins to
explore nontraditional options for the curation of legally sourced
ritual assemblages, potentially guided by consultation with Palo
practitioners.
Although the opinions expressed herein ref lect medicolegal analyses of Palo cases in the state of Florida, multi-sited,
comparative medicolegal studies of Afro-Cuban rituals have
also beg un [85]. Such st udies have the potential to reveal
overall patterns and regional differences in Palo practices. If
medicolegal professionals consider multiple lines of biological,
taphonomic, material cultural, and ethnographic evidence, sensitive study of Afro-Cuban ritual assemblages can become the
norm, rather than the exception. Medicolegal personnel can play
an important role in the safe, ethical, and accurate classifications of the unique assemblages of human remains and material
culture resulting from Palo ritual practices.
Allysha Powanda Winburn
Department of Anthropology, University of Florida
Department of Anthropology, University of New Hampshire
Rafael Martinez
Criminal Justice and Undergraduate Psychology Programs,
Carlos Albizu University
Sarah Kiley Schoff
Department of Anthropology, University of Florida
Journal of Forensic Identification
67 (1), 2017 \ 23
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Technical Note
An Investigation into Whether a Bare
Footprint Alters in Length and Width after
Jumping from a Fixed Height
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R. Bailey 1
M. J. Curran 2
D. W. Vernon 3
Abstract: The aim of this study was to evaluate whether there was
a difference in the length and width between a standing static bare
footprint and a bare footprint measured after jumping from a fixed
height. This was undertaken using samples from 23 podiatry students.
Initially, a static print was taken for each participant for both left and
right feet. A jumping print was created for both left and right feet
after each participant had jumped from a measured height of 48 cm.
On both occasions, the participant stood on an inkless mat and then
jumped onto reactive paper, creating a two-dimensional print. Gunn’s
method was used to analyze each footprint, and the print was measured
to see whether a difference existed between length and width of the
two prints. For the left foot and the right foot, the results indicated
there was a significant increase in length and width between a standing bare footprint and a footprint taken after jumping. There was a
more significant increase in length of the left footprint than the right
but more of a significant increase in the width of the right footprint
than the left. The conclusion from this research was that there was a
statistically significant difference in length and width between a static
bare footprint and a footprint taken after jumping from a fixed height.
Introduction
There has been increasing interest in the potential of bare
footprints being an aid to identification [1]. Although work has
been undertaken to demonstrate that bare footprints are highly
1
2
3
The University of Northampton, Park Campus, United Kingdom
The University of Northampton, Northampton, United Kingdom
The University of Huddersfield, Huddersfield, United Kingdom
Received August 20, 2016; accepted November 17, 2016
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