Boytwnmom
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to exhume the body. I thought that was the deal-Dan would cooperate with filming and they would pay for exhumation and testing and put aside money for Brian. I went looking to confirm and found this:
I was thus perplexed by why it was not done. I looked at the NY statute which a person would use to petition for exhumation and which provides:
Thus, it would seem as though Dan could petition but I have never heard of whether any petition was actually made. Just to make the Petition would not be costly. It's the actual work and testing that would be costly. Did they decide not to exhume and it just got glossed over in the movie by saying they didn't get the permission they needed even though Dan never submitted the Petition that would necessarily precede the permission?
One source told The Post that the production company, which intends to air the film on HBO, paid "more than $100,000, but not a penny for Danny or his lawyer, Dominic Barbara -- it's all for the boy."
Contacted about the movie, Barbara admitted he brokered the deal.
The company "will exhume the body and pay for all the testing to see if she suffered a stroke or not," said Barbara, who insisted that he arranged the movie deal for free.
I was thus perplexed by why it was not done. I looked at the NY statute which a person would use to petition for exhumation and which provides:
NY CLS N-PCL § 1510
(e) Removals. A body interred in a lot in a cemetery...may be removed there from, with the consent of the corporation, and the written consent of the owners of the lot, and of the surviving wife, husband, children, if of full age, and parents of the deceased. If the consent of any such person or of the corporation can not be obtained, permission by the county court of the county, or by the supreme court in the district, where the cemetery is situated, shall be sufficient. Notice of application for such permission must be given, at least eight days prior thereto, personally, or, at least sixteen days prior thereto, by mail, to the corporation or to the persons not consenting, and to every other person or corporation on whom service of notice may be required by the court.
Thus, it would seem as though Dan could petition but I have never heard of whether any petition was actually made. Just to make the Petition would not be costly. It's the actual work and testing that would be costly. Did they decide not to exhume and it just got glossed over in the movie by saying they didn't get the permission they needed even though Dan never submitted the Petition that would necessarily precede the permission?
Well, of course the filmmakers don't have legal standing to order the exhumation. If they did, some director would be digging up Jesse James every week.
But that doesn't mean they didn't help facilitate Dan's request for an exhumation with either money or legal advice.
Ah, yes, but that was said before Dan made a deal with the film company.
There's clearly an expectation in certain scenes from the doc that the exhumation will be the climax of the film; otherwise, there'd be no need to later mention that Dan was unable to get the necessary permissions. If Danny didn't get the money from somewhere, why would the filmmakers expect an exhumation in the first place?