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Family's feud culminates in exhumation
Friday, February 08, 2008

The body of Joseph Tomei, who died 20 months ago in Lawrence County, will be exhumed today as a bitter family dispute comes to a head.

Mr. Tomei's sons, suspicious about the cause of death, obtained two court orders to remove his body from a mausoleum. They have hired Dr. Cyril H. Wecht to perform the belated autopsy this afternoon at Carlow University.

Their stepmother, Edith Tomei, retained a lawyer and argued against the autopsy for almost a year, saying it was unnecessary. She relented last summer, but plans to have her own expert pathologist monitoring Dr. Wecht's work.

Joseph Tomei was 59 when he died on June 13, 2006, in his home in Shenango. He had undergone quadruple heart bypass surgery two years earlier, so the Lawrence County coroner concluded that a heart ailment caused his death. The coroner decided that an autopsy was unnecessary.

Mr. Tomei's sons, Jason, 35, and Joe, 31, said they thought the ruling could be wrong. They asked Edith Tomei to authorize an autopsy. When she said no, they sued her in Lawrence County Common Pleas Court. They later obtained a second court order in Beaver County, where Joseph Tomei's body is entombed.

Jason Tomei said his father had improved his eating habits after the surgery and appeared to be in good health until he suddenly died.

But his domestic life was rocky. Joseph Tomei had taken out a restraining order against Edith, now 62. By Jason Tomei's account, the couple was estranged for at least 18 months at the time of his father's death.

Charles Garbett, formerly the attorney for Mrs. Tomei, said in an interview last year that there was no estrangement and no mystery about Joseph Tomei's death.

Mr. Garbett said the Tomei brothers have suggested a rift in hopes of taking Joseph Tomei's inheritance for themselves. About $250,000 in life insurance proceeds and a retirement account are at stake.

Both sides said the fight over money will have to be resolved at a civil trial. For now, Jason Tomei said, the autopsy is what he is focusing on.

"All I want is to find out the truth. I want peace of mind," he said at a news conference yesterday outside his father's tomb at Holy Redeemer Catholic Cemetery in North Sewickley.

Neither Edith Tomei nor her lawyer returned calls seeking comment.

The court order requires Jason Tomei to pay all expenses for the exhumation, autopsy and re-entombment of his father's body.

Dr. Wecht will receive $10,000, according to court records. He will do the autopsy during an off day in his federal corruption trial, Jason Tomei said.

Jason Tomei, formerly a police officer, said he sought out Dr. Wecht for the autopsy because of the credibility he brings to the case.

"To me, Cyril Wecht is the top guy. I come from a law enforcement background and I am honored to have him."

Mr. Tomei said results of the autopsy, including toxicology tests, will be available in four to six weeks.

Milan Simonich can be reached at msimonich@post-gazette.com or 412-263-1956.
First published on February 8, 2008 at 12:00 am