Mama, I dont know if all your (and others) questions were answered or not by the responses provided by other posters. Im certainly not an authority on exhumation, and I dont really understand all the sudden interest in the details of the process. But as I understand it, anyone can petition (request) that a judge issue (grant) an order for exhumation. You and I (if we wanted) could ask a judge (who has jurisdiction) to issue an order to disinter JonBenets body. We wouldnt even have to hire a lawyer to do it for us (although Im a believer in the old adage that says, A person who represents himself in court has a fool for a client.). It would be up to the court to decide then on our arguments as to whether we had presented a good enough case for it.
That is all thats required by law: a request and a judges approval. But in practice, there are more common procedures -- especially in an open homicide investigation. Usually the investigating body (most commonly, the PD) would ask the DAs office to provide the legal proceedings (which makes sense -- right?). But without the agreement and help from either one of those two entities, only further alienation would result; so it would then be a balancing act as to the wisdom in going forward without the buy-in from the other entity. We know that at the time this was being considered, there already existed between the two entities a good bit of disagreement and downright open hostility. Neither side trusted the other. Now, in looking back at why all this existed, its a matter of he said/she said. Each side blames the other for the failures that resulted. But the moment was lost. Now, almost 20 years later, whatever evidence might have been gathered from a reexamination has been lost. In the recent words of someone else (about something else), What difference, at this point, does it make?