The distraught Flushing mother learned what happened on Feb. 22 when she received the report, which said medical examiners had examined Alleyne's brain and spinal cord more than three weeks after the boy was buried in a Long Island cemetery, according to her lawyer, Paul Weitz.Weitz served a petition Monday in Queens Supreme Court that demanded the city return the organs and cover the cost of exhuming Alleyne's body."He's not buried with (them) and I find that to be very disturbing," he said.As for Dixon, "pretty upset is an understatement," he said. "It's almost like losing her child all over again."They certainly had an obligation to tell Ms. Dixon before she buried her child that 'hey, there's something you should know,'" Weitz added.Ellen Borakove, a spokeswoman for the city's medical examiner's office, could not be reached for comment on whether such a practice was common.Alleyne was killed and his friend, Angel Reyes, 12, was in a week-long coma after John Wirta, a repairman, plowed into the two with his company van Oct. 22 as they crossed 73rd Avenue in Flushing.Wirta, 58, of Fresh Meadows, was charged with driving while intoxicated, a misdemeanor that carries a maximum of one year in prison since Queens prosecutors have not yet found any sign of additional negligence, such as speeding, which would qualify the offense as a felony.As a result, Dixon and Angel's mother, Diana Reyes, have spent the last four months lobbying for tougher DWI laws, including plans to travel to Albany to meet with dozens of Assembly members to discuss passing such legislation.The mothers have also filed multimillion-dollar lawsuits against Wirta and the company that owned the van he drove.Weitz said a hearing on the recent petition was scheduled for Tuesday in civil court where he hoped to hear that the coroner's office would hand over Alleyne's remains so Dixon could finally bury her son properly.If not, the attorney may act on a notice of claim he filed separately to sue the city."If they say, 'Sorry, we threw them out,' then there's going to be a problem," Weitz said. "But for now we just want to see this boy buried whole."Reach reporter Zach Patberg by e-mail at news@times
©2005 Community News Group
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