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Judge dismisses lawsuit to exhume John Dillinger

A Marion County judge has granted a motion to dismiss a lawsuit that would allow John Dillinger's body to be exhumed.

INDIANAPOLIS (WTHR) — The quest to find out if 1930's gangster John Dillinger is really buried in Crown Hill Cemetery hits another road block. At this point, no one's digging up John Dillinger's grave.

A judge ruled in favor of Crown Hill Cemetery who has been trying to stop the exhumation from happening.

But that doesn't necessarily mean this is over.

It all started this summer when Dillinger's nephew, Mike Thompson, was searching for answers about who is really buried at the John Dillinger plot.

"I just want the answers for the truth all these years there's been rumors," Thompson said. "Once we got the files and looked at those there's a whole lot more evidence it might not be him. We just want some closure and find the truth."

Three things need to happen for the exhumation to take place:

  • Permit from the health department, which they have.
  • Family consent. Thompson is giving his.
  • Written approval from the cemetery.

That final piece was the key issue at Wednesday's hearing.

In court, the attorneys representing Crown Hill gave these three reasons for why they didn't want this to happen:

  • Disruption to the solemnness of the cemetery.
  • Damage to nearby graves.
  • And not all family members agree.

"The dead should be left alone," said Stephanie Samuels, John Dillinger's great-great niece. "My grandfather, as I said a couple months ago, bought this plot, laid it out as he intended, and it should be left alone. It's just disgraceful."

"We just want to know the truth," said Travis Thompson, who's Mike Thompson's son. "That's all we're looking for. Let's hope Crown Hill comes to its senses and lets us do what we're looking for."

Thompson's attorney said a fight like this over an exhumation is unusual.

"Consent is routinely given," Andrea Simmons said. "It's a very informal process. 100 percent of the time until this particular case."

As for what's next? Simmons said they don't intend to give up, and they're looking for a way that doesn't require getting consent from Crown Hill Cemetery.

Here is the response from Crown Hill:

“Crown Hill is pleased with the court’s ruling in keeping with Indiana law and continues to object to the disinterment of John Dillinger. Crown Hill takes seriously its duties to protect the integrity of the cemetery from unwarranted disturbance and public spectacle and also to guard the interests of those who cannot speak for themselves. Multiple Dillinger family members have expressed their objections to this exhumation, and many have shared sworn statements to this effect with Crown Hill. Crown Hill must respect the wishes of those family members, and favor the outcome that leaves the grave undisturbed—allowing Mr. Dillinger to continue to rest in peace as he has for the past 85 years.”

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