Facing East (2019) - full transcript
This story follows the history of the most over buried commercial cemetery in America. It comes full circle to present day and documents a non profit's efforts to take care of the abandoned and abused burial ground.
[pouring wine]
[glasses clinking]
[light haunting music]
Mr. Hillerich.
[light haunting music]
[multiple voices speaking]
[Bob] Right on top of the
dirt pile in plain view,
in everybody's sight
was a skull intact
and I went back and
told the supervisor,
I said hey man, you've
gotta come look at this.
He said, "Cover
it up with a tarp"
"and put it back in the hole."
Here's what's happening,
we're going out there
and we're having to
hide skulls with tarps,
so these family
members will not see
that there's other
bodies in the dirt,
that's going to be
refilled into the grave,
there's lots of
bones and bodies.
I'd heard stories
about how they were finding
bones in different places.
I did contact the
Attorney General,
at that point I was
a stay-at-home Mom,
so I was able to put
some time into it
and I remember contacting
the Attorney General
and he did go down
to check the grave
and said that if he's
there, if that was him,
he was only buried inches down,
but he couldn't
guarantee that either
and so at that point I really
did just came to terms with it
and just still continue
to not go down there
and celebrate his
life in other ways.
I mean, I was shocked,
I was devastated,
I mean, to know that
possibly all the loved ones
was buried on top of my
loved one, which is my Mom,
so that was quite devastating.
He did not purchase that plot
knowing that he was gonna have
other people on top of him.
It's actually
known coast to coast
as the nation's most
grossly abused cemetery,
I mean, you Google Eastern
Cemetery, Louisville, Kentucky,
you're gonna find an
article from the LA Times
or a newspaper in New York
talking about the horrible
things that went on.
I mean, there are people
who still own plots,
they're supposed to be empty,
but they're probably not
and I mean, you can't really
make that right honestly.
And you had hundreds and
thousands of family members
coming up wanting to know
once this broke news,
is my family buried
with somebody else?
He pulled out a loaded
.38 caliber revolver
and stuck it in my face
probably no more than a
foot or two away from me
right between the eyes,
this guy was easily in his 70s,
if he wasn't in his early 80s
and I could see the chambers
were loaded on the pistol.
It's part of my faith, we
bury the dead with dignity
and that did not happen.
You know, they
walked him out of it
and I thought no, this is
not right, this is not right,
they're gonna walk, ain't
nothing's going to be done.
There's just bones everywhere,
the joke was when we got the
investigation going full blown,
you couldn't swing a dead
cat in Eastern Cemetery
without finding a
disturbed burial.
We had the bare
bones of the story
and then as we kept
working, we kept uncovering
more and more scraps
and more and more scraps
and it's a much,
much bigger story
than I think anybody
could've imagined.
When you would go there,
it's like that place,
just it wanted help, like
it was begging for help.
[multiple voices speaking]
[mellow country music]
♪ Yeah, there's
holes in the ground ♪
♪ Yeah, where the
cars passed by ♪
♪ Yeah, there's
holes in the ground ♪
♪ Yeah, where
they're piled high ♪
♪ Piled high
♪ So where's your
angel of redemption ♪
♪ Way up in the sky
♪ So now where's those
good old intentions ♪
♪ Yeah, 'cause the
bones don't lie ♪
♪ The bones don't lie
♪ The bones don't lie
♪ Another shot of whiskey
♪ And another shot of ale
♪ Another nail
through the casket ♪
♪ Another lonely day
♪ So drop an egg
into the basket ♪
♪ The hair of the dog,
you're tisky tasking ♪
♪ Here we go down
to the bottom ♪
♪ Here we go where
the bones don't lie ♪
♪ So where's those
angels of redemption ♪
♪ Way up in the sky
♪ So now where's those
good old intentions ♪
♪ Yeah, 'cause the
bones don't lie ♪
♪ The bones don't lie
♪ The bones don't lie
[multiple voices speaking]
[Narrator] Eastern Cemetery
consists of 29.6 acres of land
and is located in the
Irish Hill neighborhood
of Louisville, Kentucky.
Founded in 1843 by two
Methodist churches,
Eastern and its sister cemeteries,
Greenwood and Shardein
were owned by the
Louisville Crematory
and Cemetery Company
for 145 years.
Following an investigation by
the Attorney General's Office
in 1989, the company
ceased operations
and charges including over
burial and grave desecration
were brought against
three of its officials.
Only about 16,000 gravestones
can be found in
Eastern Cemetery,
but records exist for over
138,000 burials there.
Some sections have been
re-gridded and reused over and over
and some individual graves
had been buried as
many as eight times.
The defunct Cemetery
Company was placed
on a court order
receivership until 2001,
when Maurice Phillips was
removed from the position
following allegations that
he had abandoned his duties
and mismanaged cemetery funds.
You know, when I first
went over there in 1974,
I saw these sunken graves
and so I was
wondering about that
and I talked to my predecessor
and then other
people at Cave Hill
and the reason that happened
is because they didn't require
a concrete vault for the casket.
At Eastern Cemetery
they would charge people
and get paid to put
the concrete vault in,
but most of the time
they wouldn't put 'em in,
the reason they
wouldn't put 'em in
is because they knew they'd
be digging there again
in the not so distant future.
So as I go through
the records again,
I'm doing the research
with the records,
this is under the court order,
I'm acting at
checking the graves
and I wanna find out what
kind of paperwork do we have
and I started seeing
this notation, OG, OG, OG
consistently throughout the
records and it's Old Grave,
they're burying
people in old graves.
The casket decomposes,
there's no family members,
no monument, no flowers
on Mother's Day or Easter
and so they would
reuse that grave space.
And at some point they had
10 years' worth of graves
that hadn't been visited,
so they reconciled
that with the maps
and they said okay, section
A, row 26 through row 32,
there's only two people over
there that have been visited,
so let's go on and clear
all the stones out of there
and resell them.
Starting in the 1850s,
they systemically start
reselling entire sections,
they sell individual lots
over and over and over again,
it's an incredibly complex
and they kept multiple
sets of books.
But like I said, we now,
the standard for burial is
1,000 to 1100 bodies per acre,
it's a 30-acre cemetery,
that's what, 30,000 to
40,000 bodies, right,
we right now were not done yet,
have 138,000 recorded
burials in Eastern Cemetery.
[Narrator] Eastern Cemetery
is home to more than 100,000
unmarked and disturbed
burials of individuals,
who entrusted the care
of their final remains
to a business which
considered them expendable.
As early as 1858,
records indicate
multiple burials
in the same grave.
The practice of over burial
and resale of occupied graves
became standard procedure
for the company,
until cemetery worker,
Bob Allen reported it
to the Kentucky Attorney
General's Office in 1989.
So Bob Allen, when
he went to work there,
he said that these people didn't
hide what they were doing,
they weren't out there in the
middle of the night doing it
like I'd always thought,
like you didn't wanna think.
He said that they did
it open, plain as day,
never made excuses, never told
anybody to cover anything up,
it's just how business was done.
[Narrator] In the years
following the investigation,
Eastern Cemetery was abandoned,
its grounds had
become overgrown,
gravestones had been
destroyed or stolen
and the chapel,
garage and stone vault
had been broken into and
vandalized repeatedly.
I think they had the urns,
where you could stick flowers
and of course back then you
bought great quality of things
and he has marble,
he has the marble
and the brass and
things had been taken,
my uncle who lays
there next to him,
his things have been removed
and it was so decayed
because right in the middle,
I have a cousin right there,
but we were unable to
put a marker there,
because the ground was so
trashed up and decayed,
so there's an unmarked
grave of a relative there
right in the middle of them.
Like Mother's Day,
Memorial Day Weekend,
my father would have
to take his weed eater
and make me a path,
that's the only way I would
be able to find where she was,
he would go first and
then he would tell me,
"I made you a path, so
as soon as you pull in,
"park on the side, get
out and you'll see my path"
"and that will lead you
to where she's buried."
And he actually went
through the files,
that they still had inside
before the building
was bricked over
and pulled out index cards
and tried to lead us
in the right direction,
even though it was a
complete mess out there
and we did end up finding her
Dad, which was my Grandpa,
Hewart, but was unable
to find anybody else.
[Andy] Nobody's here,
nobody's doing anything,
you've got this huge
cemetery right in the middle
of Louisville's
historic district
they we're supposedly
so proud of
and look at it, it's an
embarrassment, it's a shambles.
[Narrator] The
care of those at rest
in these neglected cemeteries
was left up to their
families and loved ones,
who were taken advantage of
in one of the most difficult
times of their lives.
My husband and I are just
local amateur historians,
we've been all over the city
and after a visit to Cave
Hill one day we said, oh look,
right across the wall there's
a whole other cemetery,
how do you even get into it?
Figured out how to go
around and get into it
and we were expecting more
of what we've just seen,
you know, manicured lawns
and landscapes, trees,
a beautiful cemetery and
it was not that at all,
it was really heartbreaking.
A lot of the same names
on both sides of the wall
and yet you go from perpetual
care to neglect and vandalism.
My guys were
just standing there
and the Eastern employees
didn't realize that
my men were there.
So they dug down, hit a grave,
maybe a 20-year old grave,
there was a thigh bone and
they thought it was funny,
so they just threw it over
the wall into Cave Hill.
[Narrator] A red
brick wall stretches
along the southeast border
of Eastern Cemetery.
On the other side is Cave
Hill Veterans Cemetery,
Louisville's oldest and most
prominent burial ground.
A beautifully kept
garden cemetery
in the popular style of
the mid-19th century,
Cave Hill is home
to over 5,500 graves
of Union and Confederate
soldiers spanning 296 acres.
In 2002 Cave Hill had about
120,000 people interred there
with space remaining for
about 22,000 more graves.
By comparison, Eastern
Cemetery has less than 30 acres
and over 138,000
recorded burials.
It wasn't that he had
any prior experience
with running a cemetery
and I know he leaned
some on Lee Squires,
he would try to consult with
him and ask advice and so forth
about just day to day operational
things or about equipment
or about the guys who
were working there
and they would
have conversations,
but my Dad may have been
just in over his head.
You know, I would talk to
Mr. Amos about the burials,
I'd say how can you have so
many spaces still available
and Cave Hill was about at
that time probably 80% full,
we had 300 acres, Eastern
was how many acres,
- do you recall?
- 29.6.
Yeah, I said how can you
still be burying people?
He said, "Oh, we just
find spaces, you know."
[gentle melodic music]
[Narrator] In 1843
parishioners of two churches
came together each donating
seven and a half acres of land
and the Methodist burial
grounds were formed
for the interment of members
of those congregations.
Articles of incorporation
were drafted in 1848
and approved by the General
Assembly of Kentucky
on the 4th of March, 1854
forming the Eastern
Cemetery Company.
The charter states that
a board of nine trustees
would be nominated,
half from each of the
two founding churches,
that all profits
remaining after the cost
of payment to
officers and laborers,
capital improvements
and other expenses
would be equally divided
between the two churches,
Fourth Street Methodist, now
Trinity Temple United Church
and Brook Street Methodist,
now Christ United
Methodist Church.
You know, I heard all along
that the Methodist church
was the owner of the
property and the cemetery,
which makes it
even more appalling
and all the managers
were Methodists,
so I assume that's correct.
But it was appalling to
all of us at Cave Hill.
What they would do, the
operators of the cemetery
would take the money,
the profits from
operating the cemetery,
take half of it for the continued
operation of the cemetery
and then take the other half
and split it amongst
these Methodist churches
and this was recorded
in the trustees' minutes
for as long as I could
find in the minute books,
that I was able to
get my hands on.
When it came to the
court situation,
there was actually an attorney,
who was hired by the
Methodist churches
or one of the
Methodist churches,
who any time anyone said
during the proceedings,
they tied the cemetery
to the churches,
it was his job to object
that they were not
legally tied together,
though it's pretty clear that
the trustees of the cemetery
were all members
of these churches
and the proceeds
were going there
whether they were part of
the same corporation or not.
The Board consisted
of a lot of elderly men
throughout the neighborhood,
but they had to be a member
of one of those churches in
order to be on the Board.
They would have a Board meeting
and I think they got $50
and a chicken dinner
when they showed up
and I think some of them
had to be woke up
before it was over.
The Methodist
church I don't think
claims any responsibility
for any of it,
that's very disturbing to me
and of course all
the family members,
that had the problems
with their loved ones
in their graves desecrated.
[Interviewer] Absolutely.
And if the Methodists
were responsible for it,
that's a real shame.
[Narrator] Eastern
Cemetery has a history
of public concern for over
burial and grave desecration,
as early as 1885,
the local journal
reported on complaints
about the burial grounds
citing filthy conditions
and graves that were
only a few inches deep.
In 1912, JW Hardin told
the Courier Journal
that when he came to visit his
parents' final resting place,
the grave of a William Clark
had been placed on top of them.
In 1915 a lawsuit was
filed against the cemetery
by lot holders
alleging that $4,500
had been misappropriated
to the beneficiary churches
instead of the Perpetual
Care Trust Fund.
In 1948 Edna McDaniel's suit
for a plot she had purchased
including one her husband
was already buried in
were resold by the cemetery.
Mid-19th century,
Thomas Shanks,
he was the guy in the 1850s,
who was the sexton of the
cemetery, either he or his wife,
they kind of swapped
off the jobs, alright.
Thankfully she kept the records,
'cause she had
beautiful handwriting
and during that period of time
and I'm pretty certain
that this is the guy
that discovered that as
Louisvillians were moving west
during the westward expansion
of the United States,
okay, the 1850s, he was
buying up family lots.
So let's say you
owned a family lot,
that you had paid 25 or
$30 for, a 10-grave lot
and maybe you had children
that were buried there
or a couple of family members,
well, you know, you're
moving out west,
I'll give you $25 for your lot
or $15, we really
don't have the figure,
but what we see was
he was buying the lots
and that's kind
of convoluted too,
they would either be bought back
in the name of Eastern Cemetery
or they were bought by
Thomas Shanks personally.
Louisville was a small town,
you would move west, okay,
so it was in the paper, you
and your family moved west
to find your fortune,
you've gone to St. Louis,
maybe you wrote a letter back,
it would get into
the local papers.
At that point old
Thomas would go,
hm, they're off the
scene now, your whole lot
with the two or three graves
would go up for sale, okay.
He was also apparently
one of the individuals
or the individual
that discovered,
hm, people aren't coming back
and visiting this section,
we'll just rebury it completely.
So this Thomas Shanks
starts actually reallocating
parts of the cemetery
as new sections,
we have the Old Slave Grounds
just completely disappeared,
the Cheap Willow, the
Elm Tree division,
there are entire sections of
that cemetery that are gone.
[Andy] When I've
gone out to Greenwood,
which is half the
size of Eastern
and basically the
same conditions.
So we were at Greenwood
and we were walking around
and there literally are bones
on the surface of the ground,
you can walk round and be
well, that's part of a fibula,
that's like an occipital
at the back of the skull
right there by that tree.
Greenwood feels like it
wants to be left alone,
it feels,
it feels defeated,
it's a sad, sad place.
[Narrator] In 1903
the Board of Trustees
of Eastern Cemetery loan the
Union Land Development Company
composed primarily of prominent
African-American undertakers
$20,000 for the
purchase of lands
and mapping out of a
new cemetery, Greenwood.
Three iterations of maps
exist for Greenwood Cemetery,
1903, 1932 and 1984,
these maps depict the
majority of the grounds
having been reburied,
in some cases entire
sections of Greenwood
completely disappear
and in others,
new sections have been
carved out of old ones.
Many of the black undertakers
formed a corporation
and they borrowed money to
start Greenwood Cemetery, okay,
the reason I know this is
from reading the minutes
of Eastern Cemetery's
Board of Directors,
they formed, they had
Stonestreet and Ford
lay out the cemetery.
The roads, this was
rural Jefferson County
at the time were unpaved
and in the summer
they wrote a letter to
the Board of Aldermans
saying that the dirt
roads, the dust,
'cause this was when
you were following
a horse-drawn hearse
to the cemetery,
the dust would
choke the mourners
and then in the wintertime,
the mud was quagmire.
The members of Eastern Cemetery
had so much political pull,
that they kept the road
from being macadamized,
as a result of that,
or at least the black undertaker
consortium went under.
The property was bought
at a Sheriff's auction,
there are minutes that state
they hired an individual,
who was not directly associated
with the Eastern Cemetery
to buy Greenwood Cemetery
at the Sheriff's auction,
they did, they brought
the deed to the cemetery
and it was transferred
within a day or two
to Eastern Cemetery Corporation
and then on top of that all,
the note that was outstanding
by the black undertakers,
the operator's fees for the
cemetery called the note
and they wanted the
cash for the loan.
[Narrator] In May 1935
the Eastern Cemetery Company
built Kentucky's first crematory
at a cost of around $8,000.
As demand grew,
the newly renamed
Louisville Crematory
and Cemetery Company
cornered the market
on cremations
and continued plans
for expansion.
In September 1957
construction began
on a new structure in the
back of Eastern Cemetery,
which would house the
offices, chapel, crematorium
and columbarium at
the cost of $79,737.
The construction of the
building and a new access road
was directly over what
had previously been
the Old Colored
Odd Fellows section
and the remains of
numerous burials
were shifted into
a condensed area,
which would later
be re-designated
as section 19 or Babyland.
[light melodic music]
In 1984 Paul and Shirley Barr
sued Louisville Crematory
and Cemetery Company
when their son, Michael
couldn't be buried in a plot
they had purchased in 1979,
because it was already occupied.
The family was awarded $10,000
and the court determined
that the defendants
had done a sloppy job,
recommending a survey
be done on all
graves sold pre-need.
In a Board meeting on
February 27th, 1987,
the Barr case was discussed.
It is clear from the
minutes of this meeting,
the Board understood they were
going to have more problems
with reserved graves,
they needed to secure
additional burial
space for the future.
Present were Clifford B Amos,
President of the Board of
Directors and Charles Alexander,
Executive Director in charge
of day to day operations.
Charlie was nice, he
could be very, very nice
as far as running a company,
no, he depended on,
he wasn't great at
management, he wasn't great,
we all knew our jobs and
we all kind of did them,
he was very good at
manipulating the guys.
You put that grave
there no matter what,
I mean, that's their policy,
they're not gonna call
a funeral director
and tell a funeral director
the grave you just called in
for so-and-so is not there,
we got to do this and that,
they're not gonna do that,
you know, they're not gonna
talk to the funeral director,
they're not gonna tell a family,
they're not gonna tell nobody
you put the grave
there at whatever cost.
I mean, for some, if
you're digging through one,
dig the grave deep enough, put
the skeletal remains back in,
make the burial on top of it.
[Narrator] Louisville
Crematory and Cemetery Company
office staff included Barbara
Ray, bookkeeper since 1987
and Beth Selch,
receptionist since 1984.
Bob Allen worked alongside
two other gravediggers,
Ronnie Aubury and JR Miles.
For years Bob Allen
complained to his supervisor,
Charles Alexander that
every time he dug a grave,
he found signs of
a previous burial.
Finally in 1988 Allen went
before the Board of Directors
with his concerns, a policy
statement about the problem
was to have been issued,
which would have protected
the gravediggers from
legal repercussions,
but no such document
ever materialized.
You know, when they
found I was bringing it up
and he said, "Well, I'll
approach the board with it",
"I'll talk to Amos
and Copley about it,"
"I'll get some answers and
I'll get back to you all."
But it never happened.
When the guys
started coming in,
probably early '89
talking to us finally,
saying here's what's happening,
we're going out there
and we're having to
hide skulls with tarps,
so these family
members were not seeing
that there's other
bodies in the dirt
that's going to be
refilled into the grave,
there's lots of bones and bodies
and we told them we don't care
what the Board members
are telling you,
we don't care what
Charlie's telling you,
what you're doing is illegal.
Charlie had a seat,
he had a sign that said
Don't Worry, Be Happy
and we kept on
talking and talking
and I thought how the hell
are you gonna be happy,
because I'm done, I'm
done with it, you know,
so I got off that day at noon,
I come home and
first thing I did
was call the Attorney
General's Office.
They sent, the AG's
Office sent an accountant in
to look at the books
and this other guy,
this other guy turns
out to be a detective
for the Attorney
General's Office
and he just kind of hangs out
with the guys for two weeks
and literally there are McDonald's
bags under the front seat
with femur heads and human bones
and there's just
bones everywhere.
[Narrator] On the morning
of Tuesday May 30th, 1989,
Jim Caldwell entered
the cemetery offices
under the guise of performing
the annual tax audit
along with Rick Morris, an
auditor from the AG's Office.
Jim Caldwell
came in with Rick,
Rick was an auditor with the
Attorney General's Office
and Jim Caldwell came in
and immediately Barbara and
I knew he was not an auditor.
Jim, the first time I met him,
Jim, you could see the
cop coming out of him,
I mean, you know, he
was strictly business.
I knew he was a police
officer the minute he walked in,
nobody wears brown polyester
except for a police officer.
When I met Jim
for the first time,
he was wearing jeans
and a white T-shirt
and a leather shoulder
holster with a .357 Magnum
with a sixer and
eight-inch each barrel.
[Narrator] Under
normal circumstances,
graves were always dug the
day prior to a funeral,
but after Jim
Caldwell's arrival,
Charles Alexander
instructed the ground crew
to hold off on preparations for
the burial of James Dudgeon,
which was scheduled
for the following day.
[Bob] Okay, he told
Ronnie and JR not to dig it,
while they were there,
he said, "Wait."
He said, "While they're in the
cemetery, don't do it, wait."
So they dug it the
next day by the office.
There was going to be a
burial and a rose garden
right outside of my
office the following day
and they knew they
would find something,
they absolutely knew,
they always did.
So it was gonna be set up to
where Jim Caldwell came up
when they had dug the grave.
They hit all kinds of
previous burials in there,
it was loaded on the dump
truck, taken back and dumped,
it was just normal
procedure, you know,
they dug through whatever
it was, went on the truck,
dumped it, covered it up
to make the burial the next day.
From what Bob
Allen had told me
about that specific burial,
there were I believe
three to four
bodies in the grave,
where Mr. Dudgeon was
supposed to be placed.
The Attorney General's Office
came back in two days later
actually carrying almost a
backpack filled with bones.
[Narrator] Around seven a.m.,
Thursday June the 1st, 1989,
Bob Allen unlocked
the front gate
and let Jim Caldwell
back to the stone vault,
Caldwell entered
with a flashlight
and found what was
later determined to be
a human tibia on one
of the stone shelves.
Later Charles
Alexander told Caldwell
that the cemetery
was very, very old
and unidentified bodies were
laying in some locations.
When remains are found
in what is thought
to be an empty grave,
the procedure is to allow
for the new burial anyway.
Jim, the morning
he come in there
and I turned things over to him,
he went to the Coroner's Office
to make sure it was human.
I know he told me
one time, he said,
"I'll put yellow tape
around this whole building"
"and lock every one of them up."
[Narrator] After taking the
remains to the County Coroner,
Jim Caldwell returned to conduct
a more thorough investigation,
he found human remains in
a golf cart, a tool box,
some strewn on the ground
near the office building,
others in a garbage can, while
some remains were discovered
rolled up in a fast food bag
stashed in a truck's
glove compartment.
I mean, I think they
were told you know,
if you're out there, find
something, pick it up,
but some of it wound up
in the pick up truck,
some of it wound
up on the backhoe,
it's just where people went
through and they picked it up,
you know, not trying to hide it,
but they knew it was out
there on the grounds.
[Narrator] The Kentucky
Attorney General's Office
brought charges against the
then 145 year old company
and its three chief officers,
Clifford B Amos, Robert
Copley and Charles Alexander.
All three men pled
innocent in July 1989
after a grand jury indicted
them on over 60 counts
including corpse abuse,
grave desecration,
improper handling
of burial payments
and failure to
keep adequate funds
in Perpetual Care
Trust accounts.
If convicted on all
criminal charges,
Louisville Crematory
and Cemetery Company
face fines up to $1.1 million
and Amos, Copley and
Alexander were subject
to sentences of up to
268 years in prison.
It was in total contradiction
of everything my Dad stood for,
I mean, he was just such an
upstanding type of individual.
I certainly could imagine
that it could have taken place
without his knowledge
or awareness,
he really probably should not
have been in the
role that he was in,
he did not know anything
about cemeteries.
[Narrator] An injunction
filed July the 21st, 1989
prohibited any new burials
at Eastern or Greenwood,
except for the 3,200
pre-need plots already sold.
The order also
stated every burial
would have to first be examined
by an archeologist from the
University of Louisville.
[Phil] A relatively large
percentage of the graves,
that have been sold as reserves
as we investigate them,
the grave right behind
you as a matter of fact
was occupied by
three individuals
and then by the time we got
to the third individual,
all we had was the pelvic region
and they had been just cut
and basically a third
of the individual
had been cut off with a backhoe.
[Bob] Phil DiBlasi
is an incredible man,
I mean, the knowledge that
guy's got is incredible,
I mean, they used him
because when the
investigation was going on,
they had to have somebody
that was qualified to go in
and check that grave and
make sure it could be used.
I was involved with
the investigation
under the Attorney General,
the court order said you people
are operating a cemetery,
but you can't violate the law,
so to keep you from
violating the law,
we're gonna have an
archeologist come in here
and every time you open a
grave, he's gonna look at it
to find out if it's
previously occupied.
[Narrator] Phil DiBlasi
began his investigation
of Eastern and Greenwood
Cemeteries in July of 1989,
digging up about
two graves a day,
usually side by side with
Jim Caldwell and Bob Allen.
By November DiBlasi reported
checking about 70 sites
and only a few failed
to produce remains
from previous burials.
[Phil] As we were digging
the grave for Esther C Nelson,
we encountered the pelvic region
and lower extremities
of individual one.
[Narrator] In one case at
a family member's request,
the remains of Jesse W
Melson and Ivy Irene DeSpain
were disinterred and identified
for relocation to
another cemetery.
During the excavation
of the grave,
remains of more than a dozen
previous burials were found.
We have individuals,
these are all,
the 10 of these that
we've indicated here
are John or Jane Doe, they
were buried prior to 1870.
The individuals I'm
going to point out now
are individuals who
are on the modern grid.
[Narrator] The re-designation
of cemetery sections
is clear as the modern
burials face the road,
but the ancient
burials are facing east
in continuity with
Christian burial traditions
in the 19th century.
There are approximately,
well at first there
was intended to be
and for a while was maintained
a Perpetual Care
Fund by the cemetery,
that Perpetual Care Fund I
am informed by witnesses,
who are prepared
here to testify,
but will do so by affidavit,
is about $100,000 short.
Now the nature of a
Perpetual Care Fund
is that when one purchases a
burial site in the cemetery,
a certain portion of
that purchase price
goes to setting up a fund,
that theoretically the interest
and income from that fund
over the years
will be sufficient
to maintain cutting the
grass in the cemetery
and even maintain
it in the years
after the cemetery becomes full.
[Narrator] The Perpetual
Care Fund for Eastern Cemetery
was estimated to be
missing over $117,000,
which by law was to be used
for the upkeep of graves,
monuments and cemetery grounds.
The cemetery had also
been illegally charging
family members for annual care,
although these services
were never rendered.
You shouldn't have to do that,
if the money is being
put into the Trust Fund
like it should have been,
there wouldn't be a need
to charge the family
or whether it was legal or not,
probably not to charge
these families $50 a year,
75, $100 a year to
maintain their graves.
[Narrator] After building
Kentucky's first crematory,
Eastern Cemetery held a monopoly
on the cremation business
throughout the 20th century.
On August the 8th, 1966
the University of
Louisville Medical School
sent over several
cadavers for cremation
and by the 1980s, Eastern
Cemetery was solely responsible
for all medical waste
cremations from U of I.
We received bodies every year,
if you donate your body
to the Medical School,
they use your body for science,
after a year your
body is cremated
and it is returned
to the family,
that is what is
supposed to happen.
Jim Caldwell was upset
with the way the med schools
were treating the human remains
that were coming
in for cremation.
There were 20 or 30 sets
of remains at a time,
they were supposed to come back
in individual boxes
and individual
and I understand that they
were coming back kind of mixed.
The year that we
got bodies over there,
a body came out of the box,
the box it was sent over in,
that box, Bob Allen
came up and got me
and he said, "We
have a problem."
When I went downstairs there
were probably in that box
five heads, 22 toes
and 18 mice in one box.
They were cremating, they
were accused of cremating
more than one body
at the same time,
so technically if you cremate
parts of two or three people
from a med school
medical waste as one,
is that breaking the law?
And I said stop
what we're doing,
I'm calling the Attorney
General's Office,
finding out what we need to do.
Jim Caldwell had to come over,
we had to open
each and every box,
because each body is
supposed to be returned
to the family, a whole body,
in one of the boxes we
found probably 15 babies,
that had notes on the box,
these babies were no
doubt over 365 grams,
they were not abortions,
all of them were babies
that should've had
proper burials.
It was declared that everything
in those boxes were okay,
basically the Attorney
General's Office
did not in any
way, shape or form
wanna take on the University
of Louisville Medical School.
[Narrator] Over the
course of the investigation,
cemetery workers
told Jim Caldwell
that about 70 infants' bodies
were buried less than a
foot beneath the surface
in section 19 or Babyland.
And a couple of times I
was told to come to court
to testify about Baby ground,
Babyland, some other thing.
I get down there, no, no,
no, they don't need you,
you know, we're not gonna
get that for that spot,
we're not gonna get there,
you know, it's like they
don't wanna hear it, man,
you know, they
don't wanna hear it.
Babyland as we
call it, section 19,
there are several
babies buried there,
a lot of them still
don't have tombstones,
they still have just the
classic pieces of paper
and a lot of those
babies were buried
maybe nine inches deep,
maybe 12 inches deep.
[Narrator] Caldwell
found that infants
were routinely buried
in wooden containers
constructed of one
inch pine boards
and the identified graves
ranged from 10 to
24 inches in depth.
I did a disinterment there
and literally took my trowel
and scraped the grass
off and hit the lid
of the wooden box the
stillborn was buried in.
[Beth] The babies
were absolutely,
I actually have
pictures of one baby
and like I said, that
was put into a jar
and put into a grave
maybe nine inches deep.
I made a couple of
burials back there,
all of us did, Ronnie did some,
JR's done some, I done a couple,
but I know one I did when
I was digging the grave,
because the little baby grave
you dig by hand with a shovel,
you know, 'cause you're
usually gonna go one by two,
one foot wide and two foot
long, maybe two foot deep,
a foot and a half,
two foot deep,
but when I dug, I
didn't get that far,
when I hit a leg bone,
pretty good size femur
and I just stopped right there,
I said no, this is it, man,
I stopped and I went to
get Charlie, you know,
I said you ain't got
that far to walk,
come out there and take a look,
so he walked down, he
looked, he said, "Pick it up",
"finish digging the grave
deep enough to get by"
"and put that back in
there on the bottom."
[somber melodic music]
[Narrator] Addah
Herdt, a longtime member
of Christ United
Church accepted a seat
on the Board of
Directors in 1974
and in 1980 took a full time job
as office manager
at Eastern Cemetery.
Addah's daily responsibilities
included sales of
burial monuments
and billing for the annual
and lifetime care plans.
I had a lady that
came to my hospital room
and offered to "Take care
of it," as she put it
and at that point I'd had
a really terrible delivery.
So I was just at
a loss what to do,
so I let her take care of
it, take care of the burial
and I can still
see her face today,
'cause I think she knew what
was happening down there.
[Narrator] In the mid-1980s,
Addah Herdt began soliciting
the mothers of stillborn babies
while still recovering
in their hospital rooms
offering them closure through
the burial of their child
at Eastern Cemetery for the
very reasonable cost of $75.
She would sit bedside
and write out the bill of
sale on a hospital napkin.
Well, she came down as a
representative of Eastern
and so she just came
in the room and said,
you know, she did the normal,
"I'm sorry what happened,"
blah blah blah and then said,
"For $75 we can take
care of the burial,"
and at that point, like I
said I had a rough delivery
and I didn't know what
to do, so I let her
and as soon as I was able
to, I went down there,
to where I thought
he was buried.
Because she had talked to
this lady for a couple of hours
and shared the most
intimate details of her life
with this woman who seemed
to be so nice and caring,
to sit there and
listen, that you know,
I mean, who would fake
something like that?
Who would make up that
stuff to deceive you?
Who would act like that and
have an ulterior motive,
when you've just
been through so much.
The people of the Louisville
Cemetery Crematory Incorporated
would, that's who
would, that's who did
and because of that, she chose
to have her baby buried there
and felt good about it
for a very short time.
Needless to say when
she stopped going,
because she heard of
what happened there.
I saw it on the news
and I thought that nightmare
of a delivery just got worse
and that was my first thought,
that this nightmare,
it just became worse.
Who in the hell
takes advantage
of a person in that situation?
I mean, what's wrong
with somebody that,
and not even
somebody, a business,
I mean, it was their practice,
that's how they
conducted their business
by preying on people like her,
who every single one of them
is gonna be going through
one of the hardest
times of their lives.
My big thing was just not
being able to go down there
and I also just felt like
a fool for a long time,
thinking I've been going
down there and who's there,
if anyone and it
just felt dirty.
[Narrator] After the news
of the over burial of
Eastern Cemetery broke,
the families of those
resting there were outraged.
Attorney General, Fred Cowan
said more than 200 people
called to file complaints
or seek information
within the first week
of the indictment.
You have to understand,
you had hundreds and
thousands of family members
coming up wanting to know
once this broke news,
is my family buried
with somebody else?
Is my grave still available?
No, your grave's not available,
your grave's not available,
because there's probably 13
people in your grave also
and do you get a refund on this?
No, you don't,
the cemetery doesn't have
any money to pay you back.
Oh well, I'm gonna
move my husband out of,
okay, well, you can do that,
but you have to
pay an archeologist
or an investigator
to identify the body,
plus you have to buy a
grave in another cemetery.
We were out in the
cemetery doing an exhumation
and this pick up truck
came and somebody,
one of the crew members
from the cemetery
realized who it was,
this guy pulls up,
sticks a double barrel
shotgun out the window at us
at which point everybody is
kind of like diving for cover
and he said he wanted to
know where the boys were,
where his children were
and then he drove off.
[Bob] When we were still
working and cremating people,
I had to lock the front door,
them girls left, they
couldn't take it no more,
I mean, the phone
calls were unreal,
threats, threats, people
beating on the doors,
that the only thing they'd know
is what they'd
read in the paper,
they didn't know
that I'm still there,
Beth's still there,
Barbara's still there
trying to keep the place going,
I mean, why, I don't know,
because there was
no future for it,
but I just felt obligated.
That's what we said,
we felt an obligation
to try to deal with these
families on some sort of level.
You had families bringing
weapons up there,
they might also
have told you that,
but you had families bringing
weapons up, they were angry,
I certainly would be, if
it had happened to me,
my father's dead and buried
and they were very angry and
they were very frustrated
and there was not any
answers we could give them,
the Attorney General's Office
didn't wanna talk to them,
they were sorry they had ever
gotten in the middle of this,
they were sorry any
of this had ever been,
they wished all this
would just go away.
[Narrator] After the
removal of Charles Alexander
and the resignation of all
the remaining Board members,
the Cemetery Company was
placed in receivership.
In October of 1991, Beth Selch
was appointed to oversee
the company by the court
only days after her
marriage to Jim Caldwell.
Jim and Beth
Caldwell, [laughing]
Jim came together
with Beth Selch,
she was the secretary, she
was a very becoming young lady
and it was kind of funny,
because you'd watch
the funeral directors
and they were all kind of
sniffing around and being nice
and bringing her coffee
and stuff like this
and then you know, these are
guys that are making big bucks,
they're driving around in
great big Mercedes Benzs
and stuff like this, but old
Jim, he pulls it through,
he ends up marrying her.
And when I went to court,
I had gotten married
and of course that was,
it was gonna be not that
good of news anymore,
because I had
actually married Jim
and it wasn't the illicit affair
that they were trying
to say we were having
and Judge John said and
I will never forget this,
I went in and he said
"Okay, Miss Selch,"
"I'm gonna ask, I've
had a name change,"
and you heard 22 attorneys
actually be quiet.
[Narrator] Jim
Caldwell resigned
from the Attorney
General's Office
under pressure
from his superiors
after the investigation
of Eastern Cemetery.
He began working alongside Beth
positively identifying
dozens of bodies disinterred
by concerned family members
for burial in other cemeteries.
Yes, sir?
I did not realize
until relatively recently
the number of disinternments,
that Jim was involved
with after I had left.
He was in quotes positively
identifying individuals
and I find that
extremely disturbing,
I don't think he was
capable of doing it.
[Narrator] Unable to
sell any more graves
and with the cremation
business rapidly declining,
Beth couldn't maintain adequate
funds to upkeep the grounds,
compensate employees
or pay utility bills.
Finally in 1992 the
gas and electric
were shut off for the final time
and Beth Caldwell
stepped down as receiver.
[Bob] Me and Jim was trying
to do everything we could,
I was trying to run the backhoe,
he was trying to watch for me
and it just got to the point,
where I mean, I went
back to the office
and one of the funeral
directors from Indiana called,
gonna bring a body over and
Beth said he'll be here shortly,
I said okay, I'll go
down and open the door.
Well, they turned the gas off
and they turned
the electric off,
so the dude shows
up to the back door
and I go up and
tell her, I said,
well, we're not gonna
do nothing, I said,
'cause I can't get the door
open, we don't have no electric
and we don't have no gas.
The only thing I
regret to this day,
I mean, that place
took a toll on me,
I mean, when I went
to work up there,
I had blond hair and when I
left there I had gray hair.
Threats, the people
treating you like a dog,
you know, we turned
into the criminals,
you know, we stayed to help
and the criminals walked free.
[Narrator] On
August the 26th, 1991,
the criminal case against
Clifford Amos, Robert Copley
and Charles Alexander
was dismissed
after finishing a six-month
pre-trial diversion program.
As part of the conditions,
the three men were
to no longer be employed
by the Cemetery Company,
nor participate
in its operations.
Defense lawyers have
contended that Caldwell
first came to Eastern
Cemetery in May 1989
without a search warrant
and intentionally
misled cemetery staff.
Much of the evidence and
testimony was deemed inadmissible,
because Caldwell had been
led on to the grounds
before business hours by
cemetery worker, Bob Allen.
Over $100,000 in cemetery funds
was paid in legal
fees for the defense
leaving nothing to
compensate victims
in a class action lawsuit
against the Cemetery Company.
A statement issued by the
Attorney General's Office
expressed that the prosecution
agreed to resolve
the criminal case
not because of the challenge
to Caldwell's methods,
but because the
defendants were elderly
and had never been
in trouble before.
You know, his life was solid,
he was just this solid person,
who believed in doing the right
thing, not the wrong thing
and there was no motive for
him to do the wrong thing
and that's why I still
believe that he was innocent
of wrongdoing in this scenario,
where wrong things were done.
[somber melodic music]
The Attorney General's Office
didn't fully disclose what
they were there to do,
therefore they were there
under false pretenses,
which made all of the evidence
and everything else worthless.
When the indictment come down,
they were taken out of there,
they hired Frank
Haddad's law firm,
I think they used cemetery money
and they walked 'em
through the book
and they didn't
even stay in jail,
you know, they
walked 'em out of it
and I thought no, this is
not right, it's not right,
they're gonna walk and
nothing's going to be done.
We went through all of
the legal machinations,
all the pre-trial hearings,
we were ready for the
trial date, we met,
I was there because I
was expected to testify
every time the trial date was
turned out to be a
pre-trial hearing
in which the judge ripped
the AG's Office a new asshole
and explained to them what
a warrant to search was
and threw the entire
case out the window.
They did, they had
an excellent attorney
and they had money
and when they were actually
charged with the crimes,
they walked through
the jail system,
but never spent one minute,
they didn't even have
to be bonded out of jail
and never paid back
one penny, never,
nothing ever happened
to them, nothing.
They went on just
forever asking questions,
just trying to get
anything they could
to where this would go away
in the court and it did.
The three men charged
with these crimes,
Mr. Amos, Mr. Copley
and Mr. Alexander
never spent one day in jail,
not one day.
[Bob] I don't know
what was going on,
but somebody was
covering up something,
because they had Beth and
Barbara do a sworn deposition,
them girls worked in the office,
they handled the books and
stuff and answered the phone,
they wasn't out on the ground,
they didn't see them
bones in a grave,
they didn't see people getting
dug through and pounded on.
They didn't once through
the whole investigation
get me, Ronnie or JR
on a sworn deposition.
Finally I told 'em, I
said I want a meeting
with the Attorney
General's Office,
I said I wanna find out
why this is going on,
you know, I think
if they did not want
us from the ground crew to tell,
because they done knew
where that case was going,
they knew it wasn't
gonna go nowheres,
you know, they're gonna shaft
Jim Caldwell and they did,
because he come in there
without a search warrant,
they hammered on him, hammered
on him, finally he resigned.
[somber melodic music]
Okay, yes sir, you've been
trying to get a word in.
[somber melodic music]
One day I was at
Greenwood Cemetery
and this gentleman
walks up and he says,
"I'm Maurice Phillips, I'm the
overseer of this cemetery,"
and it kind of raised
a red flag with me
and I said well, what
are you overseeing?
This is the first time
I've ever laid eyes on you
and he says, "Oh well,
I appreciate everything"
"you all are doing down here,"
"this helps us stretch the
money a little bit further,"
and I said what money?
And he said, "Oh, I get
money from the state"
"to maintain the cemetery,
as I'm the overseer."
He had this old
beat up Dodge van,
he would go and pick up the
guys from different charities,
at that time they were using
Eastern Cemetery equipment
to mow the cemetery.
And I question where
was the money going,
because we were using
volunteer labor,
we were using money from
my discretionary account
at City Hall to
maintain the equipment,
so where was the money going?
And so I started
asking questions
and I really didn't like
the answers I was getting.
I know he was accused
of mismanaging money,
I thought it was small potatoes,
I thought it was
maybe three or $4,000,
I hear now that the numbers
were much larger than that.
[Narrator] In
the Spring of 1997,
the court appointed
Maurice Phillips
receiver over the
three cemeteries,
which had been abandoned
for nearly five years
since the resignation
of Beth Caldwell.
In March of 1998 Maurice
Phillips had tons of dirt
and construction debris
dumped on about a quarter acre
of marked and unmarked graves
in section four of
Eastern Cemetery.
Phillips reported he needed
the dirt for filling sinkholes
and open grave shafts
left by disinterment
and for grading the ground
where burials were too
close to the surface.
The debris came from
a condemned distillery
nearby on Payne Street,
which was being demolished.
Then we all of a
sudden got a phone call
saying there are
piles of debris,
it wasn't dirt, but debris,
so we rolled over
there and there's piles
of rock and brick and
wood and someone said,
"Well, we were trying to fill in"
"where these graves
have fallen in."
But that's garbage, you're
dumping garbage here.
Mo had a backhoe and
he had a dump truck,
so he went over and talked
to I guess, the contractor
and said, "Look, I'll
haul off your dirt"
"as you guys are doing
all this construction,
"I've got a place to
dump it, you know,"
"you guys give me this amount
and I'll take care of it."
He had somebody doing
some work somewheres
and he was letting 'em dump
over there for so much a load
and I understand that
he was getting paid
per truckload that
they brought in there.
Well, I was getting answers
that this Mr. Phillips
was given this money to
maintain three cemeteries,
Eastern, Shardein and Greenwood,
Shardein's a very
small cemetery,
so it wasn't much
to maintain that,
but Greenwood was massive
and Eastern was massive.
When I looked at the
records, I was shocked to see
that money was being
punched out of ATMs
at two o'clock in the
morning at 4th and Oak,
at one o'clock in the
morning at 18th and Broadway,
which is why I raised a red flag
and said no one's cutting
cemeteries that time of night,
something's going
on with this money,
which then in turn led
me to the Commonwealth
Attorney's Office to
start asking questions.
[Narrator] On
February the 14th, 2001
Maurice Phillips was
removed by the court
following allegations by the
Attorney General's Office
that he had abandoned his duties
and mismanaged cemetery funds.
In July Phillips was indicted
by a Jefferson County
grand jury and charged
with 26 counts of theft
and 25 counts of forgery.
Between January 1999
and February 2001,
Phillips stole or misspent
at least $98,541
of cemetery money
making deposits in
six bank accounts
held at L&N Credit Union
by Phillips and his wife.
Among the alerted
transfers was $19,796
from the State Transportation
Cabinet for land
purchased from Shardein Cemetery
to widen 7th Street Road.
Two of the accounts in question
were closed immediately
after a restraining
order was issued
to freeze Phillips' assets.
I mean, I gave
every bank record
to the Commonwealth
Attorney's Office,
reported to him about the issue
of using this crematorium.
We would receive phone
calls over to Shardein,
Shardein backs up
to a neighborhood,
we would receive phone
calls in my office,
where they would call us and
say somebody was back there
at two o'clock in the
morning digging a grave
and I was like, what?
And we'd go out there and
there would be a fresh grave,
so I explained to Dave
Stingle what I do believe
is that this man
is trying to run
some type of cemetery business
and burying people and
charging families for it
and there was not supposed to be
any burial in those cemeteries.
[Narrator] On
July the 24th, 2001
Phillips was booked at
the Jefferson County Jail,
but was released on his own
recognizance later that day.
Maurice Phillips died
July the 29th, 2005
with no resolution
to the charges
that had been
brought against him.
There has been no receiver
appointed by the court
for the three cemeteries since.
[somber melodic music]
[Narrator] With no one
left to oversee the cemetery,
break ins to the chapel, garage
and the stone vault
became frequent,
hundreds of gravestones
were toppled over
and century-old
monuments were destroyed.
Brass name plates were
pried off of gravestones
and sold as scrap metal,
fires were set
throughout the basement
and even inside the
incinerators themselves.
I think it was also a
really convenient place
for teenagers in the Highlands
that wanted to come party
and do drugs, drink,
whatever they come and did,
because you know, 28 acres,
it wasn't hard to find a
private, quiet little spot,
where nobody was gonna see them,
especially with the
grass as tall as it was,
the trees and bushes as
overgrown as they were.
I do remember
seeing the broken into
and littered crematorium
and I remember seeing
the vases of ashes,
they were scattered
and that sort of thing,
so I do remember that
and I do remember
hearing complaints
from someone like
AD Porter Senior,
an African-American
funeral director,
who actually lived
in the neighborhood,
adjacent, Cherokee Triangle
and I do remember meeting
with him as I recall
and always always trying
to conjure up ways
that money and care
could be provided
to what was essentially an
abandoned and bankrupt cemetery.
[Narrator] The
chapel and offices
located in the back of Eastern
Cemetery were broken into
and vandalized countless times
over the following years,
the walls filled with graffiti
and the cremains stored
in the columbarium
were stolen, dumped
out or destroyed.
On July the 28th, 2003,
Professor DiBlasi
petitioned the court
and recovered and
moved 244 sets of urns,
some unlabeled or containing
multiple sets of cremains.
Phil at some point went
over to the columbarium
and noticed that
people had broken in
and when he walked in,
he went to the area where
the columbarium was,
which the columbarium
was basically
an ornate, glass shelving system
and people could when they
had a relative cremated,
they had nice
little bronze urns.
People had smashed the glass,
they had gotten the urns
and dumped out the
ashes on the floor.
You know, this is her Mom,
so I call her up
on the telephone
and I'll be honest with you,
by the time I was done
with the conversation,
I was crying too and I was like,
I'm not letting this
happen again, okay.
So I went to the judge,
went to the Attorney General's
Office to get a court order
and we brought all the
cremated sets of remains here.
So Phil started packing 'em up
and to put it in perspective,
he had a full size van
and these little urns,
being that they're brass,
bronze or what have you,
they probably weigh
eight to 10 pounds,
the cremains inside
probably weigh three pounds.
He loaded up the van three
times completely full,
packed them down to U of I
and unpacked 'em all in a day,
that's how much it meant to him,
that no more got dumped out.
These were people that
he had no connection to,
that's just the person he
is, that's how he thinks.
What we had was we had
a couple of dates set up
and they could call here
and what they would do
is they would come in and
they would sign an affidavit
that said they were
the nearest next of kin
and we would get them, we
would go get their ashes
and we would bring them out
on one of the steel carts
and we would give them to 'em.
He was able to over the course
of the last 10 or 15 years,
he's been able to
contact the families
and I think that to date
he's almost got half of 'em
reunited with their families,
so they've come and picked
'em up, which is huge.
[Narrator] In a court order
issued February the 14th, 2001,
the University of Louisville
Program of Archeology
took possession of
the written records
for Eastern, Greenwood
and Shardein Cemeteries,
which included burial index
cards, day books, range books
and maps, some dating
as far back as 1843.
He got a ton of records,
he found all kinds of records
and he took all those
down to U of I with him
and he at some point a lady
who was critically ill,
who had family in
Eastern came down
and she's like, "Look,
I've got $50,000",
"I wanna leave it to Eastern
"and I wanna put that towards"
"getting the grass
cut and maintained,"
and Phil says, "All due respect",
"that may cut the
grass for one year"
"and the next year,
it's all gonna be back,"
and he's like, "Longterm
where that money"
"would best serve the cemetery"
"is to set up an endowment
for the records,"
which she listened
and trusted him enough
to follow his lead on that
and with that, the records
have been preserved
and they're being put
into a digital form,
a little bit every year
with students working on it.
We're gonna scan
all of the records,
because the paper is acid
and literally people
are disappearing
off the bottom of the page
and you know, to me,
that's probably all
that was ever written
about that human being.
[Narrator] 25
years after the news
of over burial broke
at Eastern Cemetery,
Andy Harpole decided
something had to be done.
He formed the Friends
of Eastern Cemetery
based on the belief
that those buried within
the cemetery walls
should receive
the perpetual care
they had not only
paid for, but deserve.
- The Friends of Eastern
Cemetery is a really great group,
you have a lot of incredible
people, who care a lot
and that's an
incredible basis I think
for what we're trying to do
is having that group of people,
who really are
passionate and care
and when they hear the
stories of these families,
they are more compelled
to want to do more
and I just think
that's a great quality
to have in a group of people.
I've been involved in
different volunteer groups,
this is the real deal,
they're not doing this
to get anything out of it
and they work so hard
when they're there,
I just feel like it's
one of those groups,
where you can see
progress being made
and they're all in
for the right reasons.
There's lots of odd things
you can do volunteer wise,
that may be a little
bit more self gratifying
or quicker results
and just the fact that
it's a cemetery, you know,
I tell people, I'll be
talking to my Dad or whoever,
I'll be working in the cemetery
really, what are you doing?
Just working in the cemetery,
why are you working
in a cemetery?
So I mean it takes a different
kind of people, I think,
that are willing to do this.
I mean, I think fundamentally
everybody has this kind of
empathy for what happened there
and we kind of see a reflection,
something, an idea that
I've heard mirrored a lot,
that I believe is you can
tell a lot about a society
by the way it treats its dead
and so it's a fundamentally
important ritual to have
and it hasn't been upheld.
So one of the ways that
we describe ourselves
is that we're caretakers
for a cemetery,
that doesn't have a caretaker.
[Narrator] On
December the 3rd,
the Friends of Eastern
Cemetery was incorporated
as a non profit organization.
The group hosts a number
of events annually
including historical
tours led by Joel Berndt,
Preservation Training
seminars taught
by nationally recognized
expert, Jonathan Appell
and flagging ceremonies on
Memorial and Veterans Days.
In addition to general
landscaping and maintenance,
the volunteer group also repair
and reset toppled monuments
and clean eroded gravestones
using a non-corrosive
D/2 biological solution.
The very first
time I went there,
it was just a vast
variety of people
doing anything and everything
you could possibly think of
and everybody was welcoming,
we were all there
for the same purpose
just to see what
we could do to help
and it was great, we
spent all day there
just cutting grass,
raking, trimming for hours,
you don't even realize
how long you're there,
until at the end of
the day you're like
really, you know,
it's five o'clock?
Every time you show up
and the same people
are there again,
you're like oh,
thank God, you know,
they're gonna stay,
'cause you never know
and it really is a
community effort,
you need a lot of people.
Now the upkeep that's
going on now, it's helpful
and I'm sure it lifts up
other people's spirits.
When I started with
Friends of Eastern Cemetery,
every grave that I came across
that had that Cunningham
name on it, I would just cry
and I would be like
that's mine, that's mine,
you have that last name,
I don't care where
you fit in the tree,
that belongs to me.
Knowing what this
group is doing is amazing
and to be a part of the group
and to share in the
experiences with the families
that come and see the
work that we've done
and how much they appreciate it,
just share the hugs and
the tears and the joy
when they're able to walk
finally to their site,
that they couldn't do forever,
because the grass was
literally as tall as your chin.
So that part of
it is just amazing
and I would not do that,
'cause I know that this group
is a great group and
hopefully it will be around,
I mean, this is our
third upcoming season
of working there and
we have big plans.
I've met a lot of
new friends, you know,
that are family to me now, the
Friends of Eastern Cemetery.
I can point people in directions
now and they pull through
and be like this is the
section you need to be in,
oh, I've seen that, I've just
cut around that gravestone.
I'm trying to get
us to do more events,
more tours, try to
get schools involved,
try to get more local
groups involved,
because there's such a great
amount of history there
and the more people
you bring in,
the more people you
talk to about it,
they're going to
tell more people
and I'm just hoping that
raising that awareness
can keep growing the non-profit
and that's also how you
can start fundraising,
because the more people learn,
the more that they
do want to help.
We just need more help,
we need more funding,
we are a small group
that is trying so hard
to get the cemetery
not obviously back
to where it once was,
you can't just recognize
one person in that plot,
it's not fair,
but to get it back, where
families can come in
and be happy that it's
being taken care of.
One of the things
we would like to do,
we were all young
when my mother passed
and we would like to
purchase a headstone,
but at the time what I
do remember is my father,
he was a bricklayer and
he wasn't paid much,
but he put a red
brick as a headstone
to mark where they had laid her
and when we went back
to try to find that,
that's what we couldn't find.
- With finding out about
Greenwood's abandonment situation,
just like Eastern's,
we thought it would be fitting
to help them get a stone,
because I guess
they never were able
to get a stone made for her,
so we contacted Evan's
Monument Company
and they were willing to
donate a gravestone for her
and so we got the burial records
and the position of the
burial plot for Mary Cobb
and we went over
and set her stone,
so that when the family came
on Memorial Day Weekend,
or just before, they had a
nice surprise waiting for them
rather than what they
normally come there for
and had to deal with.
You know, those are,
well, it's our loved ones
and not only ours, but
other people's loved ones,
so I can speak for my family
that we're truly grateful,
that someone cares.
You know, we were
young back then,
but we would like to be able
to know where my Momma is,
I mean, we would like
to put a headstone up
after all these years, it
would mean a lot to us,
it was five of us,
four girls and a boy
and we don't even know
where she's laid at there,
we just know she's there.
Well, a cemetery is
supposed to be the guardian,
you know, of deceased
family members
and it's supposed to
be a reverent place,
you're not supposed
to disturb graves.
You have who's who
of Kentucky's history
and Louisville's history
buried back there,
so why isn't anyone
approaching those folks?
There's no ownership,
until someone takes
ownership of the property,
I don't think you're gonna
get much of a change.
We can't take ownership of it,
because if we take
ownership of it,
we inherit the
liability, which in 1989,
because of all of the
pre-need sold graves,
which right now
there's supposed to be
somewhere around 5,000,
the estimate in 1989
after DiBlasi and the
Attorney General's Office
kind of put all their
resources together
after reading the records
and doing some archeological
digs is $59 million
and that's 1989 money.
We are gonna make this
work, it's going to work,
this is not a one-year plan,
this is not a 10-year plan,
this is a forever
plan, you know,
this is a forever
commitment that we all
as Friends of Eastern
Cemetery have made.
There's just a
lot of great people
trying to do great things
for families that some
people don't even know,
I mean, you know, I
have family there,
but there are people there
that there's no family there,
they're just good people
trying to do right
by years and years and years
of things that have gone wrong
and I just would hope that
they would give us the chance
to continue the good
work that we're doing,
'cause it is good
work, you know,
I just want people to
know that we're there
and it's okay, it's
okay, you know.
You know, we're a longterm,
I wanna see a memorial
museum in there
with every single name
of every single person
that we can find,
that was buried there,
so that their family can come
and at least see their name.
I put everything on
the line, you know,
I mean, I've said it before,
I mean, I should've
kept my mouth shut,
I should've went looking,
found me a job and
got away from it.
They would have got
busted sooner or later,
it couldn't last forever,
I mean, it lasted for
the turn of the century
up until 1989, so it
had to end somewheres
and it would've ended, I mean
they would've hung their self
and the outcome might have
been different, you know,
if I wouldn't have did what
I did and I'd have left,
they would've kept on going,
things would've got worse,
Ronnie would've kept on
doing what he was doing,
nothing would have changed,
they'd have got caught
and chances are that
one would've stuck,
something would've
really happened to 'em.
I mean, I could've
just walked away.
This is a person
who had a final wish
and they have a family, who
supports this final wish,
who needs this ritual
and this space to come
and to be at peace with what
happened to them in their life
and that's sort of lost,
that's the part that
I don't understand,
look, I just don't know
how you could get over
that hump, you know.
I don't know how widespread
that is historically,
I don't know whether it's
a total criminal aberration
or whether it was something
that culture has done
more frequently than we realize.
Things are never gonna be
right at Eastern Cemetery
and that's I hope,
obviously it's gonna be
there after I'm gone,
I'm just hoping that
people will not allow it
to be abused over and
over and over again.
[light melodic music]
[multiple voices speaking]
[melodic country music]
♪ Three days in a cave
♪ Friend to be saved
calling out to Mother Mary ♪
♪ Asking for a raise
♪ Four nights on the road
♪ Coming back home, travels
in these soulless cities ♪
♪ Wring about familiar
pities in restless prose ♪
♪ To just bones
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching buttons
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
♪ The universe
laughs in the face ♪
♪ Of those who dare
to tackle grace ♪
♪ And burn the midnight
candles for a while ♪
♪ Drifting on the edge of time
♪ A stone's throw
from oblivion ♪
♪ You'll meet your shadow
self face to face ♪
♪ See that it's just
fear you embrace ♪
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching parts
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
♪ She puts you on your knees
♪ As you're begging,
darling, please ♪
♪ Release me so I
can baby step away ♪
♪ She whispers back to me
♪ Magic moments only
works in threes ♪
♪ And all you have to
do is live to play ♪
♪ And the sun will rise
to shine another day ♪
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching parts
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
[melodic melancholic music]
[Bob] The only thing that
I would really like to say
is the way the families
have been ripped off,
I mean, hundreds and I told
the Attorney General that,
I said these families bought
these graves in good faith,
knowing they had a place to go
if something happened to 'em
or something happened
to their loved ones
and then when the time comes,
they're told there's no
room, they can't use it,
you know, that's not right,
thousands, there's gotta be
thousands of 'em out there,
that own property there,
they can't use it,
they paid for it and they're
not gonna get their money back,
they're not gonna get
another site to replace it,
the money's not there,
I mean, they've been
shafted big time
and I think everybody
turned their back on 'em,
I think the Attorney General
turned her back on 'em,
they didn't go far
enough to help 'em.
[glasses clinking]
[light haunting music]
Mr. Hillerich.
[light haunting music]
[multiple voices speaking]
[Bob] Right on top of the
dirt pile in plain view,
in everybody's sight
was a skull intact
and I went back and
told the supervisor,
I said hey man, you've
gotta come look at this.
He said, "Cover
it up with a tarp"
"and put it back in the hole."
Here's what's happening,
we're going out there
and we're having to
hide skulls with tarps,
so these family
members will not see
that there's other
bodies in the dirt,
that's going to be
refilled into the grave,
there's lots of
bones and bodies.
I'd heard stories
about how they were finding
bones in different places.
I did contact the
Attorney General,
at that point I was
a stay-at-home Mom,
so I was able to put
some time into it
and I remember contacting
the Attorney General
and he did go down
to check the grave
and said that if he's
there, if that was him,
he was only buried inches down,
but he couldn't
guarantee that either
and so at that point I really
did just came to terms with it
and just still continue
to not go down there
and celebrate his
life in other ways.
I mean, I was shocked,
I was devastated,
I mean, to know that
possibly all the loved ones
was buried on top of my
loved one, which is my Mom,
so that was quite devastating.
He did not purchase that plot
knowing that he was gonna have
other people on top of him.
It's actually
known coast to coast
as the nation's most
grossly abused cemetery,
I mean, you Google Eastern
Cemetery, Louisville, Kentucky,
you're gonna find an
article from the LA Times
or a newspaper in New York
talking about the horrible
things that went on.
I mean, there are people
who still own plots,
they're supposed to be empty,
but they're probably not
and I mean, you can't really
make that right honestly.
And you had hundreds and
thousands of family members
coming up wanting to know
once this broke news,
is my family buried
with somebody else?
He pulled out a loaded
.38 caliber revolver
and stuck it in my face
probably no more than a
foot or two away from me
right between the eyes,
this guy was easily in his 70s,
if he wasn't in his early 80s
and I could see the chambers
were loaded on the pistol.
It's part of my faith, we
bury the dead with dignity
and that did not happen.
You know, they
walked him out of it
and I thought no, this is
not right, this is not right,
they're gonna walk, ain't
nothing's going to be done.
There's just bones everywhere,
the joke was when we got the
investigation going full blown,
you couldn't swing a dead
cat in Eastern Cemetery
without finding a
disturbed burial.
We had the bare
bones of the story
and then as we kept
working, we kept uncovering
more and more scraps
and more and more scraps
and it's a much,
much bigger story
than I think anybody
could've imagined.
When you would go there,
it's like that place,
just it wanted help, like
it was begging for help.
[multiple voices speaking]
[mellow country music]
♪ Yeah, there's
holes in the ground ♪
♪ Yeah, where the
cars passed by ♪
♪ Yeah, there's
holes in the ground ♪
♪ Yeah, where
they're piled high ♪
♪ Piled high
♪ So where's your
angel of redemption ♪
♪ Way up in the sky
♪ So now where's those
good old intentions ♪
♪ Yeah, 'cause the
bones don't lie ♪
♪ The bones don't lie
♪ The bones don't lie
♪ Another shot of whiskey
♪ And another shot of ale
♪ Another nail
through the casket ♪
♪ Another lonely day
♪ So drop an egg
into the basket ♪
♪ The hair of the dog,
you're tisky tasking ♪
♪ Here we go down
to the bottom ♪
♪ Here we go where
the bones don't lie ♪
♪ So where's those
angels of redemption ♪
♪ Way up in the sky
♪ So now where's those
good old intentions ♪
♪ Yeah, 'cause the
bones don't lie ♪
♪ The bones don't lie
♪ The bones don't lie
[multiple voices speaking]
[Narrator] Eastern Cemetery
consists of 29.6 acres of land
and is located in the
Irish Hill neighborhood
of Louisville, Kentucky.
Founded in 1843 by two
Methodist churches,
Eastern and its sister cemeteries,
Greenwood and Shardein
were owned by the
Louisville Crematory
and Cemetery Company
for 145 years.
Following an investigation by
the Attorney General's Office
in 1989, the company
ceased operations
and charges including over
burial and grave desecration
were brought against
three of its officials.
Only about 16,000 gravestones
can be found in
Eastern Cemetery,
but records exist for over
138,000 burials there.
Some sections have been
re-gridded and reused over and over
and some individual graves
had been buried as
many as eight times.
The defunct Cemetery
Company was placed
on a court order
receivership until 2001,
when Maurice Phillips was
removed from the position
following allegations that
he had abandoned his duties
and mismanaged cemetery funds.
You know, when I first
went over there in 1974,
I saw these sunken graves
and so I was
wondering about that
and I talked to my predecessor
and then other
people at Cave Hill
and the reason that happened
is because they didn't require
a concrete vault for the casket.
At Eastern Cemetery
they would charge people
and get paid to put
the concrete vault in,
but most of the time
they wouldn't put 'em in,
the reason they
wouldn't put 'em in
is because they knew they'd
be digging there again
in the not so distant future.
So as I go through
the records again,
I'm doing the research
with the records,
this is under the court order,
I'm acting at
checking the graves
and I wanna find out what
kind of paperwork do we have
and I started seeing
this notation, OG, OG, OG
consistently throughout the
records and it's Old Grave,
they're burying
people in old graves.
The casket decomposes,
there's no family members,
no monument, no flowers
on Mother's Day or Easter
and so they would
reuse that grave space.
And at some point they had
10 years' worth of graves
that hadn't been visited,
so they reconciled
that with the maps
and they said okay, section
A, row 26 through row 32,
there's only two people over
there that have been visited,
so let's go on and clear
all the stones out of there
and resell them.
Starting in the 1850s,
they systemically start
reselling entire sections,
they sell individual lots
over and over and over again,
it's an incredibly complex
and they kept multiple
sets of books.
But like I said, we now,
the standard for burial is
1,000 to 1100 bodies per acre,
it's a 30-acre cemetery,
that's what, 30,000 to
40,000 bodies, right,
we right now were not done yet,
have 138,000 recorded
burials in Eastern Cemetery.
[Narrator] Eastern Cemetery
is home to more than 100,000
unmarked and disturbed
burials of individuals,
who entrusted the care
of their final remains
to a business which
considered them expendable.
As early as 1858,
records indicate
multiple burials
in the same grave.
The practice of over burial
and resale of occupied graves
became standard procedure
for the company,
until cemetery worker,
Bob Allen reported it
to the Kentucky Attorney
General's Office in 1989.
So Bob Allen, when
he went to work there,
he said that these people didn't
hide what they were doing,
they weren't out there in the
middle of the night doing it
like I'd always thought,
like you didn't wanna think.
He said that they did
it open, plain as day,
never made excuses, never told
anybody to cover anything up,
it's just how business was done.
[Narrator] In the years
following the investigation,
Eastern Cemetery was abandoned,
its grounds had
become overgrown,
gravestones had been
destroyed or stolen
and the chapel,
garage and stone vault
had been broken into and
vandalized repeatedly.
I think they had the urns,
where you could stick flowers
and of course back then you
bought great quality of things
and he has marble,
he has the marble
and the brass and
things had been taken,
my uncle who lays
there next to him,
his things have been removed
and it was so decayed
because right in the middle,
I have a cousin right there,
but we were unable to
put a marker there,
because the ground was so
trashed up and decayed,
so there's an unmarked
grave of a relative there
right in the middle of them.
Like Mother's Day,
Memorial Day Weekend,
my father would have
to take his weed eater
and make me a path,
that's the only way I would
be able to find where she was,
he would go first and
then he would tell me,
"I made you a path, so
as soon as you pull in,
"park on the side, get
out and you'll see my path"
"and that will lead you
to where she's buried."
And he actually went
through the files,
that they still had inside
before the building
was bricked over
and pulled out index cards
and tried to lead us
in the right direction,
even though it was a
complete mess out there
and we did end up finding her
Dad, which was my Grandpa,
Hewart, but was unable
to find anybody else.
[Andy] Nobody's here,
nobody's doing anything,
you've got this huge
cemetery right in the middle
of Louisville's
historic district
they we're supposedly
so proud of
and look at it, it's an
embarrassment, it's a shambles.
[Narrator] The
care of those at rest
in these neglected cemeteries
was left up to their
families and loved ones,
who were taken advantage of
in one of the most difficult
times of their lives.
My husband and I are just
local amateur historians,
we've been all over the city
and after a visit to Cave
Hill one day we said, oh look,
right across the wall there's
a whole other cemetery,
how do you even get into it?
Figured out how to go
around and get into it
and we were expecting more
of what we've just seen,
you know, manicured lawns
and landscapes, trees,
a beautiful cemetery and
it was not that at all,
it was really heartbreaking.
A lot of the same names
on both sides of the wall
and yet you go from perpetual
care to neglect and vandalism.
My guys were
just standing there
and the Eastern employees
didn't realize that
my men were there.
So they dug down, hit a grave,
maybe a 20-year old grave,
there was a thigh bone and
they thought it was funny,
so they just threw it over
the wall into Cave Hill.
[Narrator] A red
brick wall stretches
along the southeast border
of Eastern Cemetery.
On the other side is Cave
Hill Veterans Cemetery,
Louisville's oldest and most
prominent burial ground.
A beautifully kept
garden cemetery
in the popular style of
the mid-19th century,
Cave Hill is home
to over 5,500 graves
of Union and Confederate
soldiers spanning 296 acres.
In 2002 Cave Hill had about
120,000 people interred there
with space remaining for
about 22,000 more graves.
By comparison, Eastern
Cemetery has less than 30 acres
and over 138,000
recorded burials.
It wasn't that he had
any prior experience
with running a cemetery
and I know he leaned
some on Lee Squires,
he would try to consult with
him and ask advice and so forth
about just day to day operational
things or about equipment
or about the guys who
were working there
and they would
have conversations,
but my Dad may have been
just in over his head.
You know, I would talk to
Mr. Amos about the burials,
I'd say how can you have so
many spaces still available
and Cave Hill was about at
that time probably 80% full,
we had 300 acres, Eastern
was how many acres,
- do you recall?
- 29.6.
Yeah, I said how can you
still be burying people?
He said, "Oh, we just
find spaces, you know."
[gentle melodic music]
[Narrator] In 1843
parishioners of two churches
came together each donating
seven and a half acres of land
and the Methodist burial
grounds were formed
for the interment of members
of those congregations.
Articles of incorporation
were drafted in 1848
and approved by the General
Assembly of Kentucky
on the 4th of March, 1854
forming the Eastern
Cemetery Company.
The charter states that
a board of nine trustees
would be nominated,
half from each of the
two founding churches,
that all profits
remaining after the cost
of payment to
officers and laborers,
capital improvements
and other expenses
would be equally divided
between the two churches,
Fourth Street Methodist, now
Trinity Temple United Church
and Brook Street Methodist,
now Christ United
Methodist Church.
You know, I heard all along
that the Methodist church
was the owner of the
property and the cemetery,
which makes it
even more appalling
and all the managers
were Methodists,
so I assume that's correct.
But it was appalling to
all of us at Cave Hill.
What they would do, the
operators of the cemetery
would take the money,
the profits from
operating the cemetery,
take half of it for the continued
operation of the cemetery
and then take the other half
and split it amongst
these Methodist churches
and this was recorded
in the trustees' minutes
for as long as I could
find in the minute books,
that I was able to
get my hands on.
When it came to the
court situation,
there was actually an attorney,
who was hired by the
Methodist churches
or one of the
Methodist churches,
who any time anyone said
during the proceedings,
they tied the cemetery
to the churches,
it was his job to object
that they were not
legally tied together,
though it's pretty clear that
the trustees of the cemetery
were all members
of these churches
and the proceeds
were going there
whether they were part of
the same corporation or not.
The Board consisted
of a lot of elderly men
throughout the neighborhood,
but they had to be a member
of one of those churches in
order to be on the Board.
They would have a Board meeting
and I think they got $50
and a chicken dinner
when they showed up
and I think some of them
had to be woke up
before it was over.
The Methodist
church I don't think
claims any responsibility
for any of it,
that's very disturbing to me
and of course all
the family members,
that had the problems
with their loved ones
in their graves desecrated.
[Interviewer] Absolutely.
And if the Methodists
were responsible for it,
that's a real shame.
[Narrator] Eastern
Cemetery has a history
of public concern for over
burial and grave desecration,
as early as 1885,
the local journal
reported on complaints
about the burial grounds
citing filthy conditions
and graves that were
only a few inches deep.
In 1912, JW Hardin told
the Courier Journal
that when he came to visit his
parents' final resting place,
the grave of a William Clark
had been placed on top of them.
In 1915 a lawsuit was
filed against the cemetery
by lot holders
alleging that $4,500
had been misappropriated
to the beneficiary churches
instead of the Perpetual
Care Trust Fund.
In 1948 Edna McDaniel's suit
for a plot she had purchased
including one her husband
was already buried in
were resold by the cemetery.
Mid-19th century,
Thomas Shanks,
he was the guy in the 1850s,
who was the sexton of the
cemetery, either he or his wife,
they kind of swapped
off the jobs, alright.
Thankfully she kept the records,
'cause she had
beautiful handwriting
and during that period of time
and I'm pretty certain
that this is the guy
that discovered that as
Louisvillians were moving west
during the westward expansion
of the United States,
okay, the 1850s, he was
buying up family lots.
So let's say you
owned a family lot,
that you had paid 25 or
$30 for, a 10-grave lot
and maybe you had children
that were buried there
or a couple of family members,
well, you know, you're
moving out west,
I'll give you $25 for your lot
or $15, we really
don't have the figure,
but what we see was
he was buying the lots
and that's kind
of convoluted too,
they would either be bought back
in the name of Eastern Cemetery
or they were bought by
Thomas Shanks personally.
Louisville was a small town,
you would move west, okay,
so it was in the paper, you
and your family moved west
to find your fortune,
you've gone to St. Louis,
maybe you wrote a letter back,
it would get into
the local papers.
At that point old
Thomas would go,
hm, they're off the
scene now, your whole lot
with the two or three graves
would go up for sale, okay.
He was also apparently
one of the individuals
or the individual
that discovered,
hm, people aren't coming back
and visiting this section,
we'll just rebury it completely.
So this Thomas Shanks
starts actually reallocating
parts of the cemetery
as new sections,
we have the Old Slave Grounds
just completely disappeared,
the Cheap Willow, the
Elm Tree division,
there are entire sections of
that cemetery that are gone.
[Andy] When I've
gone out to Greenwood,
which is half the
size of Eastern
and basically the
same conditions.
So we were at Greenwood
and we were walking around
and there literally are bones
on the surface of the ground,
you can walk round and be
well, that's part of a fibula,
that's like an occipital
at the back of the skull
right there by that tree.
Greenwood feels like it
wants to be left alone,
it feels,
it feels defeated,
it's a sad, sad place.
[Narrator] In 1903
the Board of Trustees
of Eastern Cemetery loan the
Union Land Development Company
composed primarily of prominent
African-American undertakers
$20,000 for the
purchase of lands
and mapping out of a
new cemetery, Greenwood.
Three iterations of maps
exist for Greenwood Cemetery,
1903, 1932 and 1984,
these maps depict the
majority of the grounds
having been reburied,
in some cases entire
sections of Greenwood
completely disappear
and in others,
new sections have been
carved out of old ones.
Many of the black undertakers
formed a corporation
and they borrowed money to
start Greenwood Cemetery, okay,
the reason I know this is
from reading the minutes
of Eastern Cemetery's
Board of Directors,
they formed, they had
Stonestreet and Ford
lay out the cemetery.
The roads, this was
rural Jefferson County
at the time were unpaved
and in the summer
they wrote a letter to
the Board of Aldermans
saying that the dirt
roads, the dust,
'cause this was when
you were following
a horse-drawn hearse
to the cemetery,
the dust would
choke the mourners
and then in the wintertime,
the mud was quagmire.
The members of Eastern Cemetery
had so much political pull,
that they kept the road
from being macadamized,
as a result of that,
or at least the black undertaker
consortium went under.
The property was bought
at a Sheriff's auction,
there are minutes that state
they hired an individual,
who was not directly associated
with the Eastern Cemetery
to buy Greenwood Cemetery
at the Sheriff's auction,
they did, they brought
the deed to the cemetery
and it was transferred
within a day or two
to Eastern Cemetery Corporation
and then on top of that all,
the note that was outstanding
by the black undertakers,
the operator's fees for the
cemetery called the note
and they wanted the
cash for the loan.
[Narrator] In May 1935
the Eastern Cemetery Company
built Kentucky's first crematory
at a cost of around $8,000.
As demand grew,
the newly renamed
Louisville Crematory
and Cemetery Company
cornered the market
on cremations
and continued plans
for expansion.
In September 1957
construction began
on a new structure in the
back of Eastern Cemetery,
which would house the
offices, chapel, crematorium
and columbarium at
the cost of $79,737.
The construction of the
building and a new access road
was directly over what
had previously been
the Old Colored
Odd Fellows section
and the remains of
numerous burials
were shifted into
a condensed area,
which would later
be re-designated
as section 19 or Babyland.
[light melodic music]
In 1984 Paul and Shirley Barr
sued Louisville Crematory
and Cemetery Company
when their son, Michael
couldn't be buried in a plot
they had purchased in 1979,
because it was already occupied.
The family was awarded $10,000
and the court determined
that the defendants
had done a sloppy job,
recommending a survey
be done on all
graves sold pre-need.
In a Board meeting on
February 27th, 1987,
the Barr case was discussed.
It is clear from the
minutes of this meeting,
the Board understood they were
going to have more problems
with reserved graves,
they needed to secure
additional burial
space for the future.
Present were Clifford B Amos,
President of the Board of
Directors and Charles Alexander,
Executive Director in charge
of day to day operations.
Charlie was nice, he
could be very, very nice
as far as running a company,
no, he depended on,
he wasn't great at
management, he wasn't great,
we all knew our jobs and
we all kind of did them,
he was very good at
manipulating the guys.
You put that grave
there no matter what,
I mean, that's their policy,
they're not gonna call
a funeral director
and tell a funeral director
the grave you just called in
for so-and-so is not there,
we got to do this and that,
they're not gonna do that,
you know, they're not gonna
talk to the funeral director,
they're not gonna tell a family,
they're not gonna tell nobody
you put the grave
there at whatever cost.
I mean, for some, if
you're digging through one,
dig the grave deep enough, put
the skeletal remains back in,
make the burial on top of it.
[Narrator] Louisville
Crematory and Cemetery Company
office staff included Barbara
Ray, bookkeeper since 1987
and Beth Selch,
receptionist since 1984.
Bob Allen worked alongside
two other gravediggers,
Ronnie Aubury and JR Miles.
For years Bob Allen
complained to his supervisor,
Charles Alexander that
every time he dug a grave,
he found signs of
a previous burial.
Finally in 1988 Allen went
before the Board of Directors
with his concerns, a policy
statement about the problem
was to have been issued,
which would have protected
the gravediggers from
legal repercussions,
but no such document
ever materialized.
You know, when they
found I was bringing it up
and he said, "Well, I'll
approach the board with it",
"I'll talk to Amos
and Copley about it,"
"I'll get some answers and
I'll get back to you all."
But it never happened.
When the guys
started coming in,
probably early '89
talking to us finally,
saying here's what's happening,
we're going out there
and we're having to
hide skulls with tarps,
so these family
members were not seeing
that there's other
bodies in the dirt
that's going to be
refilled into the grave,
there's lots of bones and bodies
and we told them we don't care
what the Board members
are telling you,
we don't care what
Charlie's telling you,
what you're doing is illegal.
Charlie had a seat,
he had a sign that said
Don't Worry, Be Happy
and we kept on
talking and talking
and I thought how the hell
are you gonna be happy,
because I'm done, I'm
done with it, you know,
so I got off that day at noon,
I come home and
first thing I did
was call the Attorney
General's Office.
They sent, the AG's
Office sent an accountant in
to look at the books
and this other guy,
this other guy turns
out to be a detective
for the Attorney
General's Office
and he just kind of hangs out
with the guys for two weeks
and literally there are McDonald's
bags under the front seat
with femur heads and human bones
and there's just
bones everywhere.
[Narrator] On the morning
of Tuesday May 30th, 1989,
Jim Caldwell entered
the cemetery offices
under the guise of performing
the annual tax audit
along with Rick Morris, an
auditor from the AG's Office.
Jim Caldwell
came in with Rick,
Rick was an auditor with the
Attorney General's Office
and Jim Caldwell came in
and immediately Barbara and
I knew he was not an auditor.
Jim, the first time I met him,
Jim, you could see the
cop coming out of him,
I mean, you know, he
was strictly business.
I knew he was a police
officer the minute he walked in,
nobody wears brown polyester
except for a police officer.
When I met Jim
for the first time,
he was wearing jeans
and a white T-shirt
and a leather shoulder
holster with a .357 Magnum
with a sixer and
eight-inch each barrel.
[Narrator] Under
normal circumstances,
graves were always dug the
day prior to a funeral,
but after Jim
Caldwell's arrival,
Charles Alexander
instructed the ground crew
to hold off on preparations for
the burial of James Dudgeon,
which was scheduled
for the following day.
[Bob] Okay, he told
Ronnie and JR not to dig it,
while they were there,
he said, "Wait."
He said, "While they're in the
cemetery, don't do it, wait."
So they dug it the
next day by the office.
There was going to be a
burial and a rose garden
right outside of my
office the following day
and they knew they
would find something,
they absolutely knew,
they always did.
So it was gonna be set up to
where Jim Caldwell came up
when they had dug the grave.
They hit all kinds of
previous burials in there,
it was loaded on the dump
truck, taken back and dumped,
it was just normal
procedure, you know,
they dug through whatever
it was, went on the truck,
dumped it, covered it up
to make the burial the next day.
From what Bob
Allen had told me
about that specific burial,
there were I believe
three to four
bodies in the grave,
where Mr. Dudgeon was
supposed to be placed.
The Attorney General's Office
came back in two days later
actually carrying almost a
backpack filled with bones.
[Narrator] Around seven a.m.,
Thursday June the 1st, 1989,
Bob Allen unlocked
the front gate
and let Jim Caldwell
back to the stone vault,
Caldwell entered
with a flashlight
and found what was
later determined to be
a human tibia on one
of the stone shelves.
Later Charles
Alexander told Caldwell
that the cemetery
was very, very old
and unidentified bodies were
laying in some locations.
When remains are found
in what is thought
to be an empty grave,
the procedure is to allow
for the new burial anyway.
Jim, the morning
he come in there
and I turned things over to him,
he went to the Coroner's Office
to make sure it was human.
I know he told me
one time, he said,
"I'll put yellow tape
around this whole building"
"and lock every one of them up."
[Narrator] After taking the
remains to the County Coroner,
Jim Caldwell returned to conduct
a more thorough investigation,
he found human remains in
a golf cart, a tool box,
some strewn on the ground
near the office building,
others in a garbage can, while
some remains were discovered
rolled up in a fast food bag
stashed in a truck's
glove compartment.
I mean, I think they
were told you know,
if you're out there, find
something, pick it up,
but some of it wound up
in the pick up truck,
some of it wound
up on the backhoe,
it's just where people went
through and they picked it up,
you know, not trying to hide it,
but they knew it was out
there on the grounds.
[Narrator] The Kentucky
Attorney General's Office
brought charges against the
then 145 year old company
and its three chief officers,
Clifford B Amos, Robert
Copley and Charles Alexander.
All three men pled
innocent in July 1989
after a grand jury indicted
them on over 60 counts
including corpse abuse,
grave desecration,
improper handling
of burial payments
and failure to
keep adequate funds
in Perpetual Care
Trust accounts.
If convicted on all
criminal charges,
Louisville Crematory
and Cemetery Company
face fines up to $1.1 million
and Amos, Copley and
Alexander were subject
to sentences of up to
268 years in prison.
It was in total contradiction
of everything my Dad stood for,
I mean, he was just such an
upstanding type of individual.
I certainly could imagine
that it could have taken place
without his knowledge
or awareness,
he really probably should not
have been in the
role that he was in,
he did not know anything
about cemeteries.
[Narrator] An injunction
filed July the 21st, 1989
prohibited any new burials
at Eastern or Greenwood,
except for the 3,200
pre-need plots already sold.
The order also
stated every burial
would have to first be examined
by an archeologist from the
University of Louisville.
[Phil] A relatively large
percentage of the graves,
that have been sold as reserves
as we investigate them,
the grave right behind
you as a matter of fact
was occupied by
three individuals
and then by the time we got
to the third individual,
all we had was the pelvic region
and they had been just cut
and basically a third
of the individual
had been cut off with a backhoe.
[Bob] Phil DiBlasi
is an incredible man,
I mean, the knowledge that
guy's got is incredible,
I mean, they used him
because when the
investigation was going on,
they had to have somebody
that was qualified to go in
and check that grave and
make sure it could be used.
I was involved with
the investigation
under the Attorney General,
the court order said you people
are operating a cemetery,
but you can't violate the law,
so to keep you from
violating the law,
we're gonna have an
archeologist come in here
and every time you open a
grave, he's gonna look at it
to find out if it's
previously occupied.
[Narrator] Phil DiBlasi
began his investigation
of Eastern and Greenwood
Cemeteries in July of 1989,
digging up about
two graves a day,
usually side by side with
Jim Caldwell and Bob Allen.
By November DiBlasi reported
checking about 70 sites
and only a few failed
to produce remains
from previous burials.
[Phil] As we were digging
the grave for Esther C Nelson,
we encountered the pelvic region
and lower extremities
of individual one.
[Narrator] In one case at
a family member's request,
the remains of Jesse W
Melson and Ivy Irene DeSpain
were disinterred and identified
for relocation to
another cemetery.
During the excavation
of the grave,
remains of more than a dozen
previous burials were found.
We have individuals,
these are all,
the 10 of these that
we've indicated here
are John or Jane Doe, they
were buried prior to 1870.
The individuals I'm
going to point out now
are individuals who
are on the modern grid.
[Narrator] The re-designation
of cemetery sections
is clear as the modern
burials face the road,
but the ancient
burials are facing east
in continuity with
Christian burial traditions
in the 19th century.
There are approximately,
well at first there
was intended to be
and for a while was maintained
a Perpetual Care
Fund by the cemetery,
that Perpetual Care Fund I
am informed by witnesses,
who are prepared
here to testify,
but will do so by affidavit,
is about $100,000 short.
Now the nature of a
Perpetual Care Fund
is that when one purchases a
burial site in the cemetery,
a certain portion of
that purchase price
goes to setting up a fund,
that theoretically the interest
and income from that fund
over the years
will be sufficient
to maintain cutting the
grass in the cemetery
and even maintain
it in the years
after the cemetery becomes full.
[Narrator] The Perpetual
Care Fund for Eastern Cemetery
was estimated to be
missing over $117,000,
which by law was to be used
for the upkeep of graves,
monuments and cemetery grounds.
The cemetery had also
been illegally charging
family members for annual care,
although these services
were never rendered.
You shouldn't have to do that,
if the money is being
put into the Trust Fund
like it should have been,
there wouldn't be a need
to charge the family
or whether it was legal or not,
probably not to charge
these families $50 a year,
75, $100 a year to
maintain their graves.
[Narrator] After building
Kentucky's first crematory,
Eastern Cemetery held a monopoly
on the cremation business
throughout the 20th century.
On August the 8th, 1966
the University of
Louisville Medical School
sent over several
cadavers for cremation
and by the 1980s, Eastern
Cemetery was solely responsible
for all medical waste
cremations from U of I.
We received bodies every year,
if you donate your body
to the Medical School,
they use your body for science,
after a year your
body is cremated
and it is returned
to the family,
that is what is
supposed to happen.
Jim Caldwell was upset
with the way the med schools
were treating the human remains
that were coming
in for cremation.
There were 20 or 30 sets
of remains at a time,
they were supposed to come back
in individual boxes
and individual
and I understand that they
were coming back kind of mixed.
The year that we
got bodies over there,
a body came out of the box,
the box it was sent over in,
that box, Bob Allen
came up and got me
and he said, "We
have a problem."
When I went downstairs there
were probably in that box
five heads, 22 toes
and 18 mice in one box.
They were cremating, they
were accused of cremating
more than one body
at the same time,
so technically if you cremate
parts of two or three people
from a med school
medical waste as one,
is that breaking the law?
And I said stop
what we're doing,
I'm calling the Attorney
General's Office,
finding out what we need to do.
Jim Caldwell had to come over,
we had to open
each and every box,
because each body is
supposed to be returned
to the family, a whole body,
in one of the boxes we
found probably 15 babies,
that had notes on the box,
these babies were no
doubt over 365 grams,
they were not abortions,
all of them were babies
that should've had
proper burials.
It was declared that everything
in those boxes were okay,
basically the Attorney
General's Office
did not in any
way, shape or form
wanna take on the University
of Louisville Medical School.
[Narrator] Over the
course of the investigation,
cemetery workers
told Jim Caldwell
that about 70 infants' bodies
were buried less than a
foot beneath the surface
in section 19 or Babyland.
And a couple of times I
was told to come to court
to testify about Baby ground,
Babyland, some other thing.
I get down there, no, no,
no, they don't need you,
you know, we're not gonna
get that for that spot,
we're not gonna get there,
you know, it's like they
don't wanna hear it, man,
you know, they
don't wanna hear it.
Babyland as we
call it, section 19,
there are several
babies buried there,
a lot of them still
don't have tombstones,
they still have just the
classic pieces of paper
and a lot of those
babies were buried
maybe nine inches deep,
maybe 12 inches deep.
[Narrator] Caldwell
found that infants
were routinely buried
in wooden containers
constructed of one
inch pine boards
and the identified graves
ranged from 10 to
24 inches in depth.
I did a disinterment there
and literally took my trowel
and scraped the grass
off and hit the lid
of the wooden box the
stillborn was buried in.
[Beth] The babies
were absolutely,
I actually have
pictures of one baby
and like I said, that
was put into a jar
and put into a grave
maybe nine inches deep.
I made a couple of
burials back there,
all of us did, Ronnie did some,
JR's done some, I done a couple,
but I know one I did when
I was digging the grave,
because the little baby grave
you dig by hand with a shovel,
you know, 'cause you're
usually gonna go one by two,
one foot wide and two foot
long, maybe two foot deep,
a foot and a half,
two foot deep,
but when I dug, I
didn't get that far,
when I hit a leg bone,
pretty good size femur
and I just stopped right there,
I said no, this is it, man,
I stopped and I went to
get Charlie, you know,
I said you ain't got
that far to walk,
come out there and take a look,
so he walked down, he
looked, he said, "Pick it up",
"finish digging the grave
deep enough to get by"
"and put that back in
there on the bottom."
[somber melodic music]
[Narrator] Addah
Herdt, a longtime member
of Christ United
Church accepted a seat
on the Board of
Directors in 1974
and in 1980 took a full time job
as office manager
at Eastern Cemetery.
Addah's daily responsibilities
included sales of
burial monuments
and billing for the annual
and lifetime care plans.
I had a lady that
came to my hospital room
and offered to "Take care
of it," as she put it
and at that point I'd had
a really terrible delivery.
So I was just at
a loss what to do,
so I let her take care of
it, take care of the burial
and I can still
see her face today,
'cause I think she knew what
was happening down there.
[Narrator] In the mid-1980s,
Addah Herdt began soliciting
the mothers of stillborn babies
while still recovering
in their hospital rooms
offering them closure through
the burial of their child
at Eastern Cemetery for the
very reasonable cost of $75.
She would sit bedside
and write out the bill of
sale on a hospital napkin.
Well, she came down as a
representative of Eastern
and so she just came
in the room and said,
you know, she did the normal,
"I'm sorry what happened,"
blah blah blah and then said,
"For $75 we can take
care of the burial,"
and at that point, like I
said I had a rough delivery
and I didn't know what
to do, so I let her
and as soon as I was able
to, I went down there,
to where I thought
he was buried.
Because she had talked to
this lady for a couple of hours
and shared the most
intimate details of her life
with this woman who seemed
to be so nice and caring,
to sit there and
listen, that you know,
I mean, who would fake
something like that?
Who would make up that
stuff to deceive you?
Who would act like that and
have an ulterior motive,
when you've just
been through so much.
The people of the Louisville
Cemetery Crematory Incorporated
would, that's who
would, that's who did
and because of that, she chose
to have her baby buried there
and felt good about it
for a very short time.
Needless to say when
she stopped going,
because she heard of
what happened there.
I saw it on the news
and I thought that nightmare
of a delivery just got worse
and that was my first thought,
that this nightmare,
it just became worse.
Who in the hell
takes advantage
of a person in that situation?
I mean, what's wrong
with somebody that,
and not even
somebody, a business,
I mean, it was their practice,
that's how they
conducted their business
by preying on people like her,
who every single one of them
is gonna be going through
one of the hardest
times of their lives.
My big thing was just not
being able to go down there
and I also just felt like
a fool for a long time,
thinking I've been going
down there and who's there,
if anyone and it
just felt dirty.
[Narrator] After the news
of the over burial of
Eastern Cemetery broke,
the families of those
resting there were outraged.
Attorney General, Fred Cowan
said more than 200 people
called to file complaints
or seek information
within the first week
of the indictment.
You have to understand,
you had hundreds and
thousands of family members
coming up wanting to know
once this broke news,
is my family buried
with somebody else?
Is my grave still available?
No, your grave's not available,
your grave's not available,
because there's probably 13
people in your grave also
and do you get a refund on this?
No, you don't,
the cemetery doesn't have
any money to pay you back.
Oh well, I'm gonna
move my husband out of,
okay, well, you can do that,
but you have to
pay an archeologist
or an investigator
to identify the body,
plus you have to buy a
grave in another cemetery.
We were out in the
cemetery doing an exhumation
and this pick up truck
came and somebody,
one of the crew members
from the cemetery
realized who it was,
this guy pulls up,
sticks a double barrel
shotgun out the window at us
at which point everybody is
kind of like diving for cover
and he said he wanted to
know where the boys were,
where his children were
and then he drove off.
[Bob] When we were still
working and cremating people,
I had to lock the front door,
them girls left, they
couldn't take it no more,
I mean, the phone
calls were unreal,
threats, threats, people
beating on the doors,
that the only thing they'd know
is what they'd
read in the paper,
they didn't know
that I'm still there,
Beth's still there,
Barbara's still there
trying to keep the place going,
I mean, why, I don't know,
because there was
no future for it,
but I just felt obligated.
That's what we said,
we felt an obligation
to try to deal with these
families on some sort of level.
You had families bringing
weapons up there,
they might also
have told you that,
but you had families bringing
weapons up, they were angry,
I certainly would be, if
it had happened to me,
my father's dead and buried
and they were very angry and
they were very frustrated
and there was not any
answers we could give them,
the Attorney General's Office
didn't wanna talk to them,
they were sorry they had ever
gotten in the middle of this,
they were sorry any
of this had ever been,
they wished all this
would just go away.
[Narrator] After the
removal of Charles Alexander
and the resignation of all
the remaining Board members,
the Cemetery Company was
placed in receivership.
In October of 1991, Beth Selch
was appointed to oversee
the company by the court
only days after her
marriage to Jim Caldwell.
Jim and Beth
Caldwell, [laughing]
Jim came together
with Beth Selch,
she was the secretary, she
was a very becoming young lady
and it was kind of funny,
because you'd watch
the funeral directors
and they were all kind of
sniffing around and being nice
and bringing her coffee
and stuff like this
and then you know, these are
guys that are making big bucks,
they're driving around in
great big Mercedes Benzs
and stuff like this, but old
Jim, he pulls it through,
he ends up marrying her.
And when I went to court,
I had gotten married
and of course that was,
it was gonna be not that
good of news anymore,
because I had
actually married Jim
and it wasn't the illicit affair
that they were trying
to say we were having
and Judge John said and
I will never forget this,
I went in and he said
"Okay, Miss Selch,"
"I'm gonna ask, I've
had a name change,"
and you heard 22 attorneys
actually be quiet.
[Narrator] Jim
Caldwell resigned
from the Attorney
General's Office
under pressure
from his superiors
after the investigation
of Eastern Cemetery.
He began working alongside Beth
positively identifying
dozens of bodies disinterred
by concerned family members
for burial in other cemeteries.
Yes, sir?
I did not realize
until relatively recently
the number of disinternments,
that Jim was involved
with after I had left.
He was in quotes positively
identifying individuals
and I find that
extremely disturbing,
I don't think he was
capable of doing it.
[Narrator] Unable to
sell any more graves
and with the cremation
business rapidly declining,
Beth couldn't maintain adequate
funds to upkeep the grounds,
compensate employees
or pay utility bills.
Finally in 1992 the
gas and electric
were shut off for the final time
and Beth Caldwell
stepped down as receiver.
[Bob] Me and Jim was trying
to do everything we could,
I was trying to run the backhoe,
he was trying to watch for me
and it just got to the point,
where I mean, I went
back to the office
and one of the funeral
directors from Indiana called,
gonna bring a body over and
Beth said he'll be here shortly,
I said okay, I'll go
down and open the door.
Well, they turned the gas off
and they turned
the electric off,
so the dude shows
up to the back door
and I go up and
tell her, I said,
well, we're not gonna
do nothing, I said,
'cause I can't get the door
open, we don't have no electric
and we don't have no gas.
The only thing I
regret to this day,
I mean, that place
took a toll on me,
I mean, when I went
to work up there,
I had blond hair and when I
left there I had gray hair.
Threats, the people
treating you like a dog,
you know, we turned
into the criminals,
you know, we stayed to help
and the criminals walked free.
[Narrator] On
August the 26th, 1991,
the criminal case against
Clifford Amos, Robert Copley
and Charles Alexander
was dismissed
after finishing a six-month
pre-trial diversion program.
As part of the conditions,
the three men were
to no longer be employed
by the Cemetery Company,
nor participate
in its operations.
Defense lawyers have
contended that Caldwell
first came to Eastern
Cemetery in May 1989
without a search warrant
and intentionally
misled cemetery staff.
Much of the evidence and
testimony was deemed inadmissible,
because Caldwell had been
led on to the grounds
before business hours by
cemetery worker, Bob Allen.
Over $100,000 in cemetery funds
was paid in legal
fees for the defense
leaving nothing to
compensate victims
in a class action lawsuit
against the Cemetery Company.
A statement issued by the
Attorney General's Office
expressed that the prosecution
agreed to resolve
the criminal case
not because of the challenge
to Caldwell's methods,
but because the
defendants were elderly
and had never been
in trouble before.
You know, his life was solid,
he was just this solid person,
who believed in doing the right
thing, not the wrong thing
and there was no motive for
him to do the wrong thing
and that's why I still
believe that he was innocent
of wrongdoing in this scenario,
where wrong things were done.
[somber melodic music]
The Attorney General's Office
didn't fully disclose what
they were there to do,
therefore they were there
under false pretenses,
which made all of the evidence
and everything else worthless.
When the indictment come down,
they were taken out of there,
they hired Frank
Haddad's law firm,
I think they used cemetery money
and they walked 'em
through the book
and they didn't
even stay in jail,
you know, they
walked 'em out of it
and I thought no, this is
not right, it's not right,
they're gonna walk and
nothing's going to be done.
We went through all of
the legal machinations,
all the pre-trial hearings,
we were ready for the
trial date, we met,
I was there because I
was expected to testify
every time the trial date was
turned out to be a
pre-trial hearing
in which the judge ripped
the AG's Office a new asshole
and explained to them what
a warrant to search was
and threw the entire
case out the window.
They did, they had
an excellent attorney
and they had money
and when they were actually
charged with the crimes,
they walked through
the jail system,
but never spent one minute,
they didn't even have
to be bonded out of jail
and never paid back
one penny, never,
nothing ever happened
to them, nothing.
They went on just
forever asking questions,
just trying to get
anything they could
to where this would go away
in the court and it did.
The three men charged
with these crimes,
Mr. Amos, Mr. Copley
and Mr. Alexander
never spent one day in jail,
not one day.
[Bob] I don't know
what was going on,
but somebody was
covering up something,
because they had Beth and
Barbara do a sworn deposition,
them girls worked in the office,
they handled the books and
stuff and answered the phone,
they wasn't out on the ground,
they didn't see them
bones in a grave,
they didn't see people getting
dug through and pounded on.
They didn't once through
the whole investigation
get me, Ronnie or JR
on a sworn deposition.
Finally I told 'em, I
said I want a meeting
with the Attorney
General's Office,
I said I wanna find out
why this is going on,
you know, I think
if they did not want
us from the ground crew to tell,
because they done knew
where that case was going,
they knew it wasn't
gonna go nowheres,
you know, they're gonna shaft
Jim Caldwell and they did,
because he come in there
without a search warrant,
they hammered on him, hammered
on him, finally he resigned.
[somber melodic music]
Okay, yes sir, you've been
trying to get a word in.
[somber melodic music]
One day I was at
Greenwood Cemetery
and this gentleman
walks up and he says,
"I'm Maurice Phillips, I'm the
overseer of this cemetery,"
and it kind of raised
a red flag with me
and I said well, what
are you overseeing?
This is the first time
I've ever laid eyes on you
and he says, "Oh well,
I appreciate everything"
"you all are doing down here,"
"this helps us stretch the
money a little bit further,"
and I said what money?
And he said, "Oh, I get
money from the state"
"to maintain the cemetery,
as I'm the overseer."
He had this old
beat up Dodge van,
he would go and pick up the
guys from different charities,
at that time they were using
Eastern Cemetery equipment
to mow the cemetery.
And I question where
was the money going,
because we were using
volunteer labor,
we were using money from
my discretionary account
at City Hall to
maintain the equipment,
so where was the money going?
And so I started
asking questions
and I really didn't like
the answers I was getting.
I know he was accused
of mismanaging money,
I thought it was small potatoes,
I thought it was
maybe three or $4,000,
I hear now that the numbers
were much larger than that.
[Narrator] In
the Spring of 1997,
the court appointed
Maurice Phillips
receiver over the
three cemeteries,
which had been abandoned
for nearly five years
since the resignation
of Beth Caldwell.
In March of 1998 Maurice
Phillips had tons of dirt
and construction debris
dumped on about a quarter acre
of marked and unmarked graves
in section four of
Eastern Cemetery.
Phillips reported he needed
the dirt for filling sinkholes
and open grave shafts
left by disinterment
and for grading the ground
where burials were too
close to the surface.
The debris came from
a condemned distillery
nearby on Payne Street,
which was being demolished.
Then we all of a
sudden got a phone call
saying there are
piles of debris,
it wasn't dirt, but debris,
so we rolled over
there and there's piles
of rock and brick and
wood and someone said,
"Well, we were trying to fill in"
"where these graves
have fallen in."
But that's garbage, you're
dumping garbage here.
Mo had a backhoe and
he had a dump truck,
so he went over and talked
to I guess, the contractor
and said, "Look, I'll
haul off your dirt"
"as you guys are doing
all this construction,
"I've got a place to
dump it, you know,"
"you guys give me this amount
and I'll take care of it."
He had somebody doing
some work somewheres
and he was letting 'em dump
over there for so much a load
and I understand that
he was getting paid
per truckload that
they brought in there.
Well, I was getting answers
that this Mr. Phillips
was given this money to
maintain three cemeteries,
Eastern, Shardein and Greenwood,
Shardein's a very
small cemetery,
so it wasn't much
to maintain that,
but Greenwood was massive
and Eastern was massive.
When I looked at the
records, I was shocked to see
that money was being
punched out of ATMs
at two o'clock in the
morning at 4th and Oak,
at one o'clock in the
morning at 18th and Broadway,
which is why I raised a red flag
and said no one's cutting
cemeteries that time of night,
something's going
on with this money,
which then in turn led
me to the Commonwealth
Attorney's Office to
start asking questions.
[Narrator] On
February the 14th, 2001
Maurice Phillips was
removed by the court
following allegations by the
Attorney General's Office
that he had abandoned his duties
and mismanaged cemetery funds.
In July Phillips was indicted
by a Jefferson County
grand jury and charged
with 26 counts of theft
and 25 counts of forgery.
Between January 1999
and February 2001,
Phillips stole or misspent
at least $98,541
of cemetery money
making deposits in
six bank accounts
held at L&N Credit Union
by Phillips and his wife.
Among the alerted
transfers was $19,796
from the State Transportation
Cabinet for land
purchased from Shardein Cemetery
to widen 7th Street Road.
Two of the accounts in question
were closed immediately
after a restraining
order was issued
to freeze Phillips' assets.
I mean, I gave
every bank record
to the Commonwealth
Attorney's Office,
reported to him about the issue
of using this crematorium.
We would receive phone
calls over to Shardein,
Shardein backs up
to a neighborhood,
we would receive phone
calls in my office,
where they would call us and
say somebody was back there
at two o'clock in the
morning digging a grave
and I was like, what?
And we'd go out there and
there would be a fresh grave,
so I explained to Dave
Stingle what I do believe
is that this man
is trying to run
some type of cemetery business
and burying people and
charging families for it
and there was not supposed to be
any burial in those cemeteries.
[Narrator] On
July the 24th, 2001
Phillips was booked at
the Jefferson County Jail,
but was released on his own
recognizance later that day.
Maurice Phillips died
July the 29th, 2005
with no resolution
to the charges
that had been
brought against him.
There has been no receiver
appointed by the court
for the three cemeteries since.
[somber melodic music]
[Narrator] With no one
left to oversee the cemetery,
break ins to the chapel, garage
and the stone vault
became frequent,
hundreds of gravestones
were toppled over
and century-old
monuments were destroyed.
Brass name plates were
pried off of gravestones
and sold as scrap metal,
fires were set
throughout the basement
and even inside the
incinerators themselves.
I think it was also a
really convenient place
for teenagers in the Highlands
that wanted to come party
and do drugs, drink,
whatever they come and did,
because you know, 28 acres,
it wasn't hard to find a
private, quiet little spot,
where nobody was gonna see them,
especially with the
grass as tall as it was,
the trees and bushes as
overgrown as they were.
I do remember
seeing the broken into
and littered crematorium
and I remember seeing
the vases of ashes,
they were scattered
and that sort of thing,
so I do remember that
and I do remember
hearing complaints
from someone like
AD Porter Senior,
an African-American
funeral director,
who actually lived
in the neighborhood,
adjacent, Cherokee Triangle
and I do remember meeting
with him as I recall
and always always trying
to conjure up ways
that money and care
could be provided
to what was essentially an
abandoned and bankrupt cemetery.
[Narrator] The
chapel and offices
located in the back of Eastern
Cemetery were broken into
and vandalized countless times
over the following years,
the walls filled with graffiti
and the cremains stored
in the columbarium
were stolen, dumped
out or destroyed.
On July the 28th, 2003,
Professor DiBlasi
petitioned the court
and recovered and
moved 244 sets of urns,
some unlabeled or containing
multiple sets of cremains.
Phil at some point went
over to the columbarium
and noticed that
people had broken in
and when he walked in,
he went to the area where
the columbarium was,
which the columbarium
was basically
an ornate, glass shelving system
and people could when they
had a relative cremated,
they had nice
little bronze urns.
People had smashed the glass,
they had gotten the urns
and dumped out the
ashes on the floor.
You know, this is her Mom,
so I call her up
on the telephone
and I'll be honest with you,
by the time I was done
with the conversation,
I was crying too and I was like,
I'm not letting this
happen again, okay.
So I went to the judge,
went to the Attorney General's
Office to get a court order
and we brought all the
cremated sets of remains here.
So Phil started packing 'em up
and to put it in perspective,
he had a full size van
and these little urns,
being that they're brass,
bronze or what have you,
they probably weigh
eight to 10 pounds,
the cremains inside
probably weigh three pounds.
He loaded up the van three
times completely full,
packed them down to U of I
and unpacked 'em all in a day,
that's how much it meant to him,
that no more got dumped out.
These were people that
he had no connection to,
that's just the person he
is, that's how he thinks.
What we had was we had
a couple of dates set up
and they could call here
and what they would do
is they would come in and
they would sign an affidavit
that said they were
the nearest next of kin
and we would get them, we
would go get their ashes
and we would bring them out
on one of the steel carts
and we would give them to 'em.
He was able to over the course
of the last 10 or 15 years,
he's been able to
contact the families
and I think that to date
he's almost got half of 'em
reunited with their families,
so they've come and picked
'em up, which is huge.
[Narrator] In a court order
issued February the 14th, 2001,
the University of Louisville
Program of Archeology
took possession of
the written records
for Eastern, Greenwood
and Shardein Cemeteries,
which included burial index
cards, day books, range books
and maps, some dating
as far back as 1843.
He got a ton of records,
he found all kinds of records
and he took all those
down to U of I with him
and he at some point a lady
who was critically ill,
who had family in
Eastern came down
and she's like, "Look,
I've got $50,000",
"I wanna leave it to Eastern
"and I wanna put that towards"
"getting the grass
cut and maintained,"
and Phil says, "All due respect",
"that may cut the
grass for one year"
"and the next year,
it's all gonna be back,"
and he's like, "Longterm
where that money"
"would best serve the cemetery"
"is to set up an endowment
for the records,"
which she listened
and trusted him enough
to follow his lead on that
and with that, the records
have been preserved
and they're being put
into a digital form,
a little bit every year
with students working on it.
We're gonna scan
all of the records,
because the paper is acid
and literally people
are disappearing
off the bottom of the page
and you know, to me,
that's probably all
that was ever written
about that human being.
[Narrator] 25
years after the news
of over burial broke
at Eastern Cemetery,
Andy Harpole decided
something had to be done.
He formed the Friends
of Eastern Cemetery
based on the belief
that those buried within
the cemetery walls
should receive
the perpetual care
they had not only
paid for, but deserve.
- The Friends of Eastern
Cemetery is a really great group,
you have a lot of incredible
people, who care a lot
and that's an
incredible basis I think
for what we're trying to do
is having that group of people,
who really are
passionate and care
and when they hear the
stories of these families,
they are more compelled
to want to do more
and I just think
that's a great quality
to have in a group of people.
I've been involved in
different volunteer groups,
this is the real deal,
they're not doing this
to get anything out of it
and they work so hard
when they're there,
I just feel like it's
one of those groups,
where you can see
progress being made
and they're all in
for the right reasons.
There's lots of odd things
you can do volunteer wise,
that may be a little
bit more self gratifying
or quicker results
and just the fact that
it's a cemetery, you know,
I tell people, I'll be
talking to my Dad or whoever,
I'll be working in the cemetery
really, what are you doing?
Just working in the cemetery,
why are you working
in a cemetery?
So I mean it takes a different
kind of people, I think,
that are willing to do this.
I mean, I think fundamentally
everybody has this kind of
empathy for what happened there
and we kind of see a reflection,
something, an idea that
I've heard mirrored a lot,
that I believe is you can
tell a lot about a society
by the way it treats its dead
and so it's a fundamentally
important ritual to have
and it hasn't been upheld.
So one of the ways that
we describe ourselves
is that we're caretakers
for a cemetery,
that doesn't have a caretaker.
[Narrator] On
December the 3rd,
the Friends of Eastern
Cemetery was incorporated
as a non profit organization.
The group hosts a number
of events annually
including historical
tours led by Joel Berndt,
Preservation Training
seminars taught
by nationally recognized
expert, Jonathan Appell
and flagging ceremonies on
Memorial and Veterans Days.
In addition to general
landscaping and maintenance,
the volunteer group also repair
and reset toppled monuments
and clean eroded gravestones
using a non-corrosive
D/2 biological solution.
The very first
time I went there,
it was just a vast
variety of people
doing anything and everything
you could possibly think of
and everybody was welcoming,
we were all there
for the same purpose
just to see what
we could do to help
and it was great, we
spent all day there
just cutting grass,
raking, trimming for hours,
you don't even realize
how long you're there,
until at the end of
the day you're like
really, you know,
it's five o'clock?
Every time you show up
and the same people
are there again,
you're like oh,
thank God, you know,
they're gonna stay,
'cause you never know
and it really is a
community effort,
you need a lot of people.
Now the upkeep that's
going on now, it's helpful
and I'm sure it lifts up
other people's spirits.
When I started with
Friends of Eastern Cemetery,
every grave that I came across
that had that Cunningham
name on it, I would just cry
and I would be like
that's mine, that's mine,
you have that last name,
I don't care where
you fit in the tree,
that belongs to me.
Knowing what this
group is doing is amazing
and to be a part of the group
and to share in the
experiences with the families
that come and see the
work that we've done
and how much they appreciate it,
just share the hugs and
the tears and the joy
when they're able to walk
finally to their site,
that they couldn't do forever,
because the grass was
literally as tall as your chin.
So that part of
it is just amazing
and I would not do that,
'cause I know that this group
is a great group and
hopefully it will be around,
I mean, this is our
third upcoming season
of working there and
we have big plans.
I've met a lot of
new friends, you know,
that are family to me now, the
Friends of Eastern Cemetery.
I can point people in directions
now and they pull through
and be like this is the
section you need to be in,
oh, I've seen that, I've just
cut around that gravestone.
I'm trying to get
us to do more events,
more tours, try to
get schools involved,
try to get more local
groups involved,
because there's such a great
amount of history there
and the more people
you bring in,
the more people you
talk to about it,
they're going to
tell more people
and I'm just hoping that
raising that awareness
can keep growing the non-profit
and that's also how you
can start fundraising,
because the more people learn,
the more that they
do want to help.
We just need more help,
we need more funding,
we are a small group
that is trying so hard
to get the cemetery
not obviously back
to where it once was,
you can't just recognize
one person in that plot,
it's not fair,
but to get it back, where
families can come in
and be happy that it's
being taken care of.
One of the things
we would like to do,
we were all young
when my mother passed
and we would like to
purchase a headstone,
but at the time what I
do remember is my father,
he was a bricklayer and
he wasn't paid much,
but he put a red
brick as a headstone
to mark where they had laid her
and when we went back
to try to find that,
that's what we couldn't find.
- With finding out about
Greenwood's abandonment situation,
just like Eastern's,
we thought it would be fitting
to help them get a stone,
because I guess
they never were able
to get a stone made for her,
so we contacted Evan's
Monument Company
and they were willing to
donate a gravestone for her
and so we got the burial records
and the position of the
burial plot for Mary Cobb
and we went over
and set her stone,
so that when the family came
on Memorial Day Weekend,
or just before, they had a
nice surprise waiting for them
rather than what they
normally come there for
and had to deal with.
You know, those are,
well, it's our loved ones
and not only ours, but
other people's loved ones,
so I can speak for my family
that we're truly grateful,
that someone cares.
You know, we were
young back then,
but we would like to be able
to know where my Momma is,
I mean, we would like
to put a headstone up
after all these years, it
would mean a lot to us,
it was five of us,
four girls and a boy
and we don't even know
where she's laid at there,
we just know she's there.
Well, a cemetery is
supposed to be the guardian,
you know, of deceased
family members
and it's supposed to
be a reverent place,
you're not supposed
to disturb graves.
You have who's who
of Kentucky's history
and Louisville's history
buried back there,
so why isn't anyone
approaching those folks?
There's no ownership,
until someone takes
ownership of the property,
I don't think you're gonna
get much of a change.
We can't take ownership of it,
because if we take
ownership of it,
we inherit the
liability, which in 1989,
because of all of the
pre-need sold graves,
which right now
there's supposed to be
somewhere around 5,000,
the estimate in 1989
after DiBlasi and the
Attorney General's Office
kind of put all their
resources together
after reading the records
and doing some archeological
digs is $59 million
and that's 1989 money.
We are gonna make this
work, it's going to work,
this is not a one-year plan,
this is not a 10-year plan,
this is a forever
plan, you know,
this is a forever
commitment that we all
as Friends of Eastern
Cemetery have made.
There's just a
lot of great people
trying to do great things
for families that some
people don't even know,
I mean, you know, I
have family there,
but there are people there
that there's no family there,
they're just good people
trying to do right
by years and years and years
of things that have gone wrong
and I just would hope that
they would give us the chance
to continue the good
work that we're doing,
'cause it is good
work, you know,
I just want people to
know that we're there
and it's okay, it's
okay, you know.
You know, we're a longterm,
I wanna see a memorial
museum in there
with every single name
of every single person
that we can find,
that was buried there,
so that their family can come
and at least see their name.
I put everything on
the line, you know,
I mean, I've said it before,
I mean, I should've
kept my mouth shut,
I should've went looking,
found me a job and
got away from it.
They would have got
busted sooner or later,
it couldn't last forever,
I mean, it lasted for
the turn of the century
up until 1989, so it
had to end somewheres
and it would've ended, I mean
they would've hung their self
and the outcome might have
been different, you know,
if I wouldn't have did what
I did and I'd have left,
they would've kept on going,
things would've got worse,
Ronnie would've kept on
doing what he was doing,
nothing would have changed,
they'd have got caught
and chances are that
one would've stuck,
something would've
really happened to 'em.
I mean, I could've
just walked away.
This is a person
who had a final wish
and they have a family, who
supports this final wish,
who needs this ritual
and this space to come
and to be at peace with what
happened to them in their life
and that's sort of lost,
that's the part that
I don't understand,
look, I just don't know
how you could get over
that hump, you know.
I don't know how widespread
that is historically,
I don't know whether it's
a total criminal aberration
or whether it was something
that culture has done
more frequently than we realize.
Things are never gonna be
right at Eastern Cemetery
and that's I hope,
obviously it's gonna be
there after I'm gone,
I'm just hoping that
people will not allow it
to be abused over and
over and over again.
[light melodic music]
[multiple voices speaking]
[melodic country music]
♪ Three days in a cave
♪ Friend to be saved
calling out to Mother Mary ♪
♪ Asking for a raise
♪ Four nights on the road
♪ Coming back home, travels
in these soulless cities ♪
♪ Wring about familiar
pities in restless prose ♪
♪ To just bones
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching buttons
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
♪ The universe
laughs in the face ♪
♪ Of those who dare
to tackle grace ♪
♪ And burn the midnight
candles for a while ♪
♪ Drifting on the edge of time
♪ A stone's throw
from oblivion ♪
♪ You'll meet your shadow
self face to face ♪
♪ See that it's just
fear you embrace ♪
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching parts
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
♪ She puts you on your knees
♪ As you're begging,
darling, please ♪
♪ Release me so I
can baby step away ♪
♪ She whispers back to me
♪ Magic moments only
works in threes ♪
♪ And all you have to
do is live to play ♪
♪ And the sun will rise
to shine another day ♪
♪ Time will beat on
♪ With its perfect
drums and pantomimes ♪
♪ Switching parts
and pushing lines ♪
♪ The spotlight fades
to pull the punch ♪
♪ And say
♪ That life will roll on
♪ With its undercurrents
and overtones ♪
♪ Whistling winds
through dried up bones ♪
♪ A mother with her
arms wide open sings ♪
♪ That you
♪ You are not alone
[melodic melancholic music]
[Bob] The only thing that
I would really like to say
is the way the families
have been ripped off,
I mean, hundreds and I told
the Attorney General that,
I said these families bought
these graves in good faith,
knowing they had a place to go
if something happened to 'em
or something happened
to their loved ones
and then when the time comes,
they're told there's no
room, they can't use it,
you know, that's not right,
thousands, there's gotta be
thousands of 'em out there,
that own property there,
they can't use it,
they paid for it and they're
not gonna get their money back,
they're not gonna get
another site to replace it,
the money's not there,
I mean, they've been
shafted big time
and I think everybody
turned their back on 'em,
I think the Attorney General
turned her back on 'em,
they didn't go far
enough to help 'em.