Eddowes’ first course of action was to contact Dr. Felix Gwozdz, the Medical Examiner for Tarrant County, Texas where Oswald was buried and whom he assumed had jurisdiction over the remains. However, Gwozdz refused Eddowes’ request for exhumation and in January 1979, Eddowes filed a lawsuit against both Gwozdz and the District Attorney of Tarrant County. In June of 1979, the Tarrant County 141st District Court sided with Gwozdz and denied Eddowes’ request. Eddowes, who appealed the decision, had no intention of throwing in the towel and now simply shifted gears by directing his efforts to a new jurisdiction-that of neighboring Dallas County.

Working through his attorneys, Eddowes contacted Dr. Linda Norton, Assistant Dallas County Medical Examiner, in August of 1979. He again made his case for exhumation, this time suggesting that Norton’s office take jurisdiction over the case. Norton was apparently impressed by Eddowes’ argument and after consulting with Chief Medical Examiner Dr. Charles Petty, managed to obtain copies of Oswald’s military medical and dental records in anticipation of a possible examination. Shortly after obtaining the records from the Military Personnel Records Center in St. Louis, Norton was quoted by one of the Dallas papers as saying, “I feel it would be in the best public interest to conduct the exhumation. If there’s a question and a reasonable question that science can resolve, then that’s our business”.

In October 1979, Dr. Petty contacted Tarrant County Medical Examiner Nizan Peerwani (who had replaced the deceased Gwozdz) asking that the body of Oswald be exhumed and brought to Dallas County for an examination. Peerwani was quoted by the local media as saying, “This is a very delicate situation and we have to tread very carefully”, adding that he would need the support of the district attorney and Oswald’s mother before he could authorize an exhumation. Petty’s unusual request sparked a jurisdictional battle between the neighboring counties that would last until February of 1980.

Meanwhile, two men with close ties to the JFK case weighed in on the possibility of an Oswald exhumation. G. Robert Blakey, who had served as chief counsel to the recently disbanded House Select Committee on Assassinations said of Eddowes’ work, “I have read his book and it is trash. This whole question is a non question.” Blakey continued, “The committee carefully looked into the so-called two Oswalds theory… There is nothing to it.” Similarly, Earl Rose, who had performed the original autopsy on Oswald, told UPI that he was certain of the identity of the corpse because of fingerprint comparisons that he made.

 Marina Oswald

In November of 1979, the Tarrant County District Attorney’s office rejected Eddowes’ offer to pay a $15,000 deposit on an insurance bond for Oswald’s exhumation. Assistant District Attorney Marvin Collins informed Eddowes through his attorneys that the offer for a total indemnification bond of $100,000 was insufficient considering the legal risks involved. By February of 1980, the exhumation battle seemed to be over when Tarrant County officials withdrew their active opposition to the exhumation. However, Dr Petty now shocked everyone by stating that he was no longer interested in conducting the exhumation under the auspices of Dallas County as he now felt it was unnecessary.

After a few months of relative silence, Eddowes directed his attention toward Marina Oswald, widow of the accused assassin, and in August of 1980, she signed a consent form for Dr. Petty to perform an autopsy as a private case with Eddowes to pay all expenses. On August 14, Robert Oswald (brother of Lee Oswald) obtained a temporary restraining order from the 141st District Court halting the exhumation. About a month later, the same court granted Robert’s injunction against Eddowes to block the exhumation while denying his motion against Rosehill cemetery where the grave was located. Dr. Petty was dismissed from the suit when the judge ruled that he had to be sued in his home county.

In the meantime, the Dallas County Commissioners publicly stated their opposition to the use of any county facility for the examination citing “adverse publicity”. On October 2, 1980 Eddowes attorneys announced plans to appeal the injunction won by Robert Oswald. While awaiting the results of the appeal, attorneys for all parties were kept busy by numerous motions and counter motions. In August of 1981, Marina filed suit against Robert to allow the exhumation to proceed.

On September 17, 1981, the Court of Appeals heard the case. Finding that Robert had no “justiciable” interest in the exhumation, they reversed the decision of the 141st District Court, paving the way for the exhumation to take place. However, on September 23, Robert again won a temporary injunction from the 141st Court. But just two days later citing emotional and financial burdens, Robert withdrew his opposition to the exhumation.

As events progressed, attorneys for Marina and Eddowes became convinced that they would ultimately prevail and preparations for the exhumation were made. Dr. Norton was chosen as chief forensic pathologist because of her familiarity with the case and the parties involved. Marina wanted the remains to stay in the Dallas-Fort Worth area, so a search was undertaken for a suitable facility for the examination. Baylor Medical Center in Dallas was chosen after it was decided that the facility could fulfill all requirements for a secure examination. On Friday October 2, Dr. Norton and Baylor were alerted that the exhumation would take place on Sunday morning following the expiration of Robert’s final restraining order on Saturday at midnight. With the battle won nearly three years after he had instigated the process, it seemed that Eddowes would soon have his answers.

Next: The Exhumation

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