An unusual court hearing is underway in El Paso County Probate Court over whether the frozen head of a 71-year-old Colorado Springs woman who died earlier this month should be cryogenically preserved.

“This is uncharted water in a way,” Magistrate Barbara L. Hughes remarked at the outset of a day-long hearing on the dispute between the family of retired nurse Mary Robbins and the non-profit Alcor Life Extension Foundation of Scottsdale, Ariz.

Darlene Robbins, the dead woman’s daughter, contends that shortly before her mother’s death on Feb. 9, she sought to cancel a 2006 contract with Alcor to keep her head frozen.

Alcor seeks to extend life by preserving body tissue at very low temperatures in hopes that someday medical science can revive their members. The battle also involves a $50,000 annuity that Robbins designated to pay for the preservation process.

Robert Scranton, a lawyer for the daughter, contends the contract is null because of Mary Robbins’ decision.

“You have an absolute constitutional right over your body until the moment you die,” he told the magistrate.

But Alcor officials contend that they have no record of Robbins seeking to cancel her membership. Alcor board member Dr. Brian Wowk said the foundation is committed to preserving Robbins’ head at its own expense, even if the annuity is not awarded to the non-profit.

“We’re doing this because we believe we’re ethically obligated,” Wowk testified.

Before his testimony, Wowk apologized to the Robbins family for any pain caused by miscommunication by the Alcor staff.

“Alcor does not want to inflict distress upon people in a time of grief,” he said.

Robbins remains are being kept packed in dry ice at a Colorado Springs funeral home pending the outcome of the legal dispute.

The hearing is expected to continue throughout this afternoon. A decision by the magistrate may come as early as Monday.

Here are some highlights from this morning’s testimony:

“What she wanted”

A lawyer who drafted a will for Robbins said her decision to have her head preserved through Alcor was no whim.

Joan Teslow said she first met Robbins in an aquatics class at the YMCA and at her request, helped draft a will and other documents that she signed in August 2006.

Teslow said at first she was skeptical when Robbins first showed her the contract she had received from Alcor and worried whether the company was legitimate.

“I was very concerned about financial exploitation,” said Teslow, who formerly worked for the District Attorney and Colorado Attorney General’s office.

But in questioning Robbins, Teslow said it was clear she had done her research.

“This was something she had given careful consideration,” Teslow said. As a result, the lawyer drafted the will and other probate documents to reflect Robbins’ decision.

“She wanted that in there to make sure that everybody was clear on what she wanted,” Teslow said.

A middle option

Wowk described himself as a senior scientist for Alcor. He has been affiliated with the foundation since 1986 and has been on the board of directors since 2004.

Like the other board members, Wowk said he some day hopes to have his own remains preserved at Alcor.

Members have several options when they sign up.

Some choose the service only if their remains can be cryogenically preserved in ideal conditions shortly after death. Others want preservation no matter what condition their body is in when they die.

Robbins chose a middle ground option, Wowk testified. So long as her brain tissue was intact, she wanted it preserved.