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Senator Edward Kennedy — Part 16
Page 20
20 / 53
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~ Common Please Court Judge
Barre, Pa., denied Wednesday
an attempt by the parents: of
. ‘Mary Jé- Kopechne to -block
Dist.- Atty. Edmund Dinis from
securing an autopsy On. her
body — but stopped short of
giving the prosecutor a ‘total
victory on the issue. -
‘.-Brominiski.said that -before
he would ‘consider granting per-
| mission for exhumation of Mary
as ns
- rérné-County, ruled against the
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“| the’ death.”
Jo’s remains from her grave in
nearby Larksville, Dinis. would
have to come up with a strong-
er. set of reasons fro making
rsuch a request. .
‘ He gave him
. to: do-so. . so
‘|:, Judge Brominski said that he
has the authority to grant. “ex:
-humation “and autopsy in. a. pro-
per. ¢ase,” But warned that
Dinis must, “set forth sufficient
facts under Pennsylvania law to
warrant”’ an autopsy. . ces
"He ‘said Dinis would have ‘to
show that “the circumstances of
Geath ‘has. not been clearly
established,”and that an
autopsy _wotld resolve _ “‘the
doubt and suspicion surrounding.
20 days in which
. The judge. notified Dinis by
mail, but the latler had not ar-
vived in New Bedford when the
announcement was méade- in
Wilkes-Barre. As a result Dinis’.
assisfant, ~ Armand Fernandes
telephoned Judge Bromitiski_ for
the decision. : tee
;Dinis and. Fernandes - said
they -would file a bill of par-
ticulars within the, 20. days
allowed ~by Judge. Brominski
‘and both expressed confidence
‘the ‘exhumation -and authopsy
would be allowed. 7
| Brominski, President Judge
“of the Criminal Division of the,
‘Common Pleas Court of Luz-
!‘Kopechnes on three of the ‘four
:Claims.they mdde in asking
‘that * Dinis’ petition -for the
‘autopsy be dismissed...
‘They were, first, that he had
‘no authority to order an au-
| topsy44 second’ that the request
eR te ee i re ee arene te arr meee
fol an atitopsy amounted to a."
eS ae
‘Bernard Brominski in -Wilkes-}.1
obeyed: that edict,
ees” Saud: — . _ rane Tee is
as Strong
AVE O'BRIAN, ED CORSET & BILi, DUNCLIETE ”
collateral atack by Dinis. on a,
ate Médical -Examiner Donald
R. Mills. of “Edgartown, who
ruled Mary Joe a victim of ac-
cidental drowning, and, third,
that there was. no’law that
would “give a Pennsylvania
court the jurisdiction’ to order
an autopsy-in the case, .
But he sustained them
by
in,
Dinis . had - failed ‘to _ present
enough facts. to warrant hig re-
quest being granted, and _said|
he. would give the ~prosecutor
_Uays in which to file. aii
amended petition, .
‘Hons -of ‘other’ individuals, has
read and heatd of the events of
the. deatiT of’ Mary Jo Ito-
pechne,” he declared, “but this §-
cannot be substituted for allega- § >
tions of fact in a judicial pro-
ceeding.” .
.- Brominski’s nine-page ruling’
was ‘one of two courtroom de-
velopnients in the-legal turmoil
that has developed since Mary
Jo died six’ weeks ago in a car
driven by. Sen. Edward M, Ken-
nedy, ‘
Vineyard, where the inquest in. S22
In’ Edgartown. on Martha's ;
‘to-the.accident-was to havé ‘con- |
vened Wednesday mornine—un-
til Justice Paul C, Reardon, of
the Supreme Judicial Court
ordered a halt—District. Court -
Judge James A: Boyle formally
Royle, who would have. con-
ducted the inquest, entered his
courtroom promptly. at. 9:39
a. M,; carrying in his-hands a
copy ot the motion by -Ken-
nedy’s lawyers which prompted
Judge Reardon to act. .
In a miatter-offact,-tone of -
voice, Boyle read from the title.
“f-the motion, and said: - 7
“On the petition, filed by Ed.
ward M. Kennidy against J ames |
A. Boyle as he is. the justice:
of the District Court of Dukes!
County, “presented to the Siu!
preme Judiciai Court yesterday, j
I have been ordered a Oro e
ceed -any ‘further with the in-}
aa!
_ —_ Oem |
e
. tee
uest into the death of Mary Jo.
egal deermination o£ Associ-|Kopechue which .was. set for .
a hearing this. morning, until
such time as a hearing: may he
held -and a deiermination made
Judicial Court..
JUDGE BROMINSK
[re ee eee
wi)
$ EBate we oe
tr Case
DT te eng
Reet
: Se te
ak ae
‘Undiecate page; name of
newspaper, city and state.)
the {ull berich of ihe Supreme
“Therefore, this inquest is ad- |’
journed until that time.” .
Boyle then left the bench—
b and in one
their fourth contention — thati over., . ; ;
Kennedy's petition for“a writ
‘of certiorari—which was tanta- |'
pent to a , review of “Judge
“The court, alongwith mil ee
.,minute if-was all
BOSTON GLOBE
“Boston, Masse
BOSTON HERALD
1 “TRAVELER
Boston, Mass.
3 RECORD AMERICAN
“Boston, Mass.
sey.
Date: 9 / 4 / 69
Edition: Home
Author:
Editor:C . Edward Holland
Title: KENNEDY INQUEST
Character:
or
I.
| Classification: 62 -
‘Submitting Office:
aw
Boston .
CI Being Investigated
~ | SEARCHED. INDEXED ——
"| SERIALIZED) ma. FILED AeA
|. SEeA 1969 -
"OE 4s ,
"_FBI=- BOSTON
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