Hearing on exhumation delayed by 2 motions

The widow's attorney asked the judge to consider two matters before a hearing is held.
NEW CASTLE, Pa. -- A new hearing date will be set to ultimately determine if the remains of Joseph Tomei Jr. will be exhumed.
Judge John Hodge of Lawrence County Common Pleas Court must rule first on two motions filed Friday by Tomei's widow, Edith.
The court was expected to have a hearing Friday to determine if Edith Tomei was in contempt of court for failing to sign off on an autopsy of her husband. Court records show that on Dec. 12, 2006, Tomei's two sons and his widow agreed to have his body exhumed and an autopsy done. However, she has never signed off on the autopsy.
Joseph Tomei Jr., 59, of Shenango Township, Lawrence County, was found dead last June in his home after failing to show up for work. No autopsy was done when he was found dead, and the county coroner ruled the death from coronary disease because he had previously had a heart valve replaced.
His two sons, Jason, 35, and Joseph C., 30, are now seeking to have an autopsy to determine the cause of death.
Jason Tomei, of Las Vegas, said he and his brother have hired Pittsburgh forensic pathologist Cyril Wecht.
What's behind this
Jason Tomei said the brothers would like to know if they should be concerned if there's some genetic issue when starting their own families.
Edith Tomei's attorney, Charles Garbett, asked Friday that the attorney representing Joseph Tomei Jr.'s estate, John Flannery, be removed because he represents a relative of Edith Tomei's son-in-law in an unrelated case.
Garbett also asked the judge for a delay because Joseph C. Tomei was not in attendance after receiving a notice to appear.
Atty. Thomas Earhart of Pittsburgh, who is representing the brothers, said Joseph C. Tomei is a student at Arizona State University and could not attend because of final exams.
The judge said he had to rule on both of those motions before the contempt hearing could start.
After the hearing, Edith Tomei's attorney said her late husband's sons are forcing the issue of an autopsy because they were trying to keep her from her share of Joseph Tomei Jr.'s life insurance and retirement. He estimates her share of those two would be about 160,000.