ALAMO LOSES APPEAL ON PRODUCING BODY.
Evangelist Tony Alamo's appeal of an order that he produce his wife's body will not be considered by the Arkansas Court of Appeals because it was not filed in a timely manner, the court said Wednesday.
Alamo, who headed the Holy Alamo Christian Church, originally in Saugus and now headquartered in Dyer, Ark., is in a federal prison in Texas for federal tax violations.
When Alamo is released from the federal prison, he probably would be jailed in Crawford County - where a chancery court judge has ordered him jailed until he reveals the location of his wife's body.
Susan Alamo's body has been missing since February 1991, and her daughter, Christhiaon Coie of Los Angeles, wants to know where it is so she can bury her mother in a family cemetery in Crawford County.
Susan Alamo died of cancer in April 1982, and her husband kept her embalmed body in a casket in a building in Dyer for months while followers prayed for her resurrection. Finally, her casket was placed in an above-ground burial vault nearby.
The vault was broken open and her body was missing, however, when federal marshals seized the Tony and Susan Alamo Christian Foundation compound to satisfy a $2.4 million judgment against Tony Alamo. The foundation was the predecessor to the Holy Alamo Christian Church.
Coie sued Alamo in 1991 for the return of her mother's body and Chancellor Jim Spears ruled in her favor Sept. 14, 1995. Six days later, at 4:26 p.m., Alamo filed notice of appeal. Three minutes later, he filed a motion for a new trial.
The Appeals Court said Wednesday that there is nothing in the record to indicate the chancellor ruled on the motion for a new trial. That means the motion was considered denied after 30 days.
The court cited the Arkansas Rule of Appellate Procedures which says a notice of appeal has no effect if it is filed before there is a ruling on a motion for a new trial. The court said Alamo should have filed a new notice of appeal.
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|Publication:||Daily News (Los Angeles, CA)|
|Date:||Feb 20, 1997|
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