The Indianapolis Star from Indianapolis, Indiana • A7

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Crown Hill had remained quiet on the matter until Wednesday afternoon, when it issued a statement saying it was against the proposed exhumation, cit- ing its duty to protect the integrity of the cemetery and those buried there. In with the State De- partment of Health in June, Thompson has acknowledged doubts about whose remains are buried in the family plot and that the only way to know for sure is to disinter the body and conduct testing, an assertion he repeated in the com- plaint. has sound reason to be- lieve the individual buried in Crown Hill in Lot 94 Section 44 may have been mis- as his uncle at the time of death and burial, and therefore seeks to disinter the remains in order to his identity by forensic exami- the complaint says. What we learned The complaint, obtained by IndyStar, sheds light on a number of concerns ap- parently raised by the cemetery, includ- ing: The and na- ture of the exhumation, apparently for a History Channel documentary. The likelihood the exhumation and the media attention it would receive would disturb both the grounds and vis- itors.

Potential further legal action against Crown Hill by family members if the individual in the grave is not, in fact, Dillinger. Other members of the Dillinger family had voiced their opposition to the disinterment. Thompson and his attorneys call Crown concerns about other fam- ily opposition and argue there is nothing in state law requiring unanimous consent among multiple generations to approve a re- quest to disinter. Scalf, a Dillinger great-nephew, called the proposed exhumation during a Wednesday phone call with IndyStar. Furthermore, Thompson and his at- torneys argue that the widely reported two and a half tons of concrete placed in the grave is not and, if it does exist, is not a reason to deny access to the plot.

if concrete is present, equip- ment is available to lift the concrete the grave during the complaint asserts. the Stat- ute makes no exception to the consent process for situations where graves pre- sent logistical challenges to reaching the Who is buried at Crown Hill? Dillinger became famous for a string of bank robberies committed in 1933 as well as several escapes from police custody, earning him the nickname of Enemy No. He was shot and killed by Chicago police and federal agents at the Bio- graph Theater the evening of July 22, 1934 an account the FBI has taken the rare step of since news broke of the planned exhumation. But changes in appear- ance have long led some to believe that it was a lookalike killed at the Biograph, not Dillinger. a theory the documentary and the family are putting to the test, according to the complaint and with the Department of Health.

and others in his family should not be prohibited from ing the identity of their uncle merely be- cause he is the complaint ar- gues. identity is Thomp- son and all other descendants of the de- ceased can put to rest their legitimate questions about identity. identity is not only then will Thompson and others have the necessary information to investigate the true identity of the individual who was buried in his Crown Hill grave, as well as the true fate of Thomp- What happens next? Online court records indicate Crown Hill has been summonsed in the matter, which remains pending. The History Channel previously de- clined to specify a production timeline for the project. Although the permit is- sued by the Department of Health lists a re-interment date of Sept.

16, there has been no indication of when the exhu- mation might occur. Pending legal action could compli- cate the process, as the complaint asks that the body be disinterred on or before that September date, within a rea- sonable time thereafter, and before the ground becomes frozen in late Call Holly Hays at 317-444-6156. Fol- low her on Twitter: Dillinger Continued from Page 1A Chicago police experts take the of the slain John Dillinger in the Cook County Morgue. AP and others in his family should not be prohibited from the identity of their uncle merely because he is Filed lawsuit.