Louis, 69, and Gerald Garzone, 52, are each serving prison terms of eight to 20 years, both at the Retreat state prison near Wilkes-Barre. Common Pleas Court Judge Glenn B. Bronson also ordered the brothers to pay joint restitution of more than $300,000 to the former clients affected by the scheme.
But the high court's 23-page opinion, written by Chief Justice Ronald D. Castille and filed Thursday, ruled that state law lets prosecutors seeks costs from defendants but not staff salaries.
"If the General Assembly intended to permit such recovery . . . the legislature would have expressly done so," Castille wrote.
Tasha Jamerson, spokeswoman for District Attorney Seth Williams, said the office would not pursue the issue.
Jamerson said the attempt to impose salary costs was a first for the District Attorney's Office: "It was a very complex case, and we had two very wealthy defendants."
Castille wrote that the idea that the costs of crime should be shifted to "financially able wrongdoers" is legitimate.
But he added that other considerations could weigh against adding to those costs, such as the effect on guilty-plea calculations when the full cost of a crime would not be known until sentencing.
The prosecution of the Garzones stunned Kensington because the brothers' funeral home had served generations, and both men were known for good works among the poor and troubled teens.
All 244 bodies were to have been cremated. Instead, the Garzones let the bodies be plundered for parts by "cutting teams" sent from the Fort Lee tissue bank, and they burned what was left.
Many of the cadavers were not acceptable for use in surgery, as they were too old, decomposing, or containing cancer, HIV, or the virus causing hepatitis.
Adding to the anguish of the victim families was the fact that prosecutors were able to positively identify only 49 of the bodies dissected in the mortuary on Somerset Street.
Contact staff writer Joseph A. Slobodzian at 215-854-2985, jslobodzian@phillynews.com, or @joeslobo on Twitter.
