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Family looks for answers and father's remains

08:42 PM CST on Tuesday, November 25, 2008

Dennis Woltering / Eyewitness News

Video: Watch the Story

The Garza family only intended to give their parents what they had requested before they died 14 years ago:  for their bodies to be interred in the same mausoleum vault so they could be together forever. But now the Garza brothers and sister believe the cemetery has somehow lost the remains of their father, Antonio Garza.

I'm just angry right now.  I'm angry.  I could scream.  I could hit somebody.  I really could, cause I'm very upset about this,” said daughter Linda Garza.

The law forbids a mausoleum vault from being opened for at least one year after it is sealed.  So when their father, Antonio, died two months after their mother, Sadie, the Garzas say they could not put their coffins together. A week and a half ago, when the reunion was finally supposed to take place, Linda Garza and her brothers say the coffin the cemetery claimed was their father's wasn't his at all.

“There's hands of prayer, all around,” said son George Garza describing the coffin they found.  “My father was not a religious person.”

They say their father's coffin was gray.   This one is blue. And unlike their mother's casket which has spots and discolored metal fittings as expected from age, the coffin the cemetery claims is their father's appears new, shiny, with bright chrome.

“I mean everybody's devastated,” said Linda Garza.  “My children, that's their grandparents, you know.  It's just a horrible situation.”

“What these people did to this family is just, is outrageous and criminal to my way of thinking,” said attorney Mike Ellis, who is representing the Garzas. “They tried to perpetrate a fraud on the family.”

Ellis sent the cemetery operators a letter demanding that they produce the remains of Antonio Garza, and he says he has met with an attorney for the cemetery.

“We had a discussion at my office this past week. And that's privileged as far as I'm concerned.”

Ellis says a source he describes as impeccable has provided him with crucial information about the casket that the cemetery said contained Antonio Garza.

“We've learned that that's a brand new casket, it never contained any remains,” he said.

“I was between upset and humiliated,” said George Garza. “That they did what they did and tried to pull, in my mind, a hoax to try and put this behind us.”

“They lie to us” said Linda Garza. “They put that fake coffin up there?  What kind of monsters are these, they could do that?”

The Garza's attorney says, according to his source, the cemetery may have moved Antonio Garza's remains into the same coffin as his wife's at some point in the past.          But Ellis says he now believes Antonio Garza's remains are missing.

“And it's just, it's just absolutely preposterous that a cemetery could lose the remains of someone that's entrusted to them,” said Ellis.

“It's just unbelievable that this is happening, that they could even do this, when we went into the office to say we want closure to this because my brother is dying,” said Linda Garza.

George Garza says he has a rare disease of the central nervous system that could take his life.

“And I'm trying to put rest to my father and mother being together as we assured them they would happen,” said George Garza.

“The muscles contract around your lung and your heart and don't allow you to breath and you die that way,” he said.

The Garza's now want to open their mother's coffin to see if their father is in there. And they are demanding that Restlawn Park Cemetery provide an explanation of what happened to their father.

“I just want to know where he's at. That's all that matters to me and all my brothers. We just would like to know where he's at. Nothing else matters at this point,” said Linda Garza.