WEBVTT - The Fines

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<v Speaker 1>Not long ago, my producer Lucy Sullivan visited one of

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<v Speaker 1>the largest parks in New York City. Not Central Park.

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<v Speaker 1>Not Prospect Park. Fresh Gills Park. On Staten Island. Lucy

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<v Speaker 1>was there with Ben Nadaf-Haffrey reporting for our latest series,

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<v Speaker 1>The Staten Island Problem. And while she was there, Lucy

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<v Speaker 1>uncovered a mystery. There was one part of the park,

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<v Speaker 1>one section, that she wasn't allowed to visit.

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<v Speaker 2>Why?

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<v Speaker 1>Because of what's buried there. Today the park is Rolling

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<v Speaker 1>Green Hills, a beautiful and peaceful place. But Fresh Kills,

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<v Speaker 1>as you may know, used to be the world's largest landfill.

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<v Speaker 1>Mayor Rudy Giuliani closed it in the 90s, and the

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<v Speaker 1>last barge sailed to Staten Island in March of 2001.

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<v Speaker 1>Or so everyone thought. Six months later, in September of 2001,

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<v Speaker 1>it had to reopen. Fresh Kills became the site of

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<v Speaker 1>a giant operation to sort through the rubble from the

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<v Speaker 1>9-11 terrorist attacks. The last thing brought to the landfill

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<v Speaker 1>was what remained of the Twin Towers and all the

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<v Speaker 1>people who perished there. A giant pile of dirt and dust. Today,

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<v Speaker 1>Lucy Sullivan has a story about that pile of dust

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<v Speaker 1>and the battle continued. over where it should go. As

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<v Speaker 1>the saying goes, ashes to ashes, dust to dust. But

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<v Speaker 1>when are we no longer ourselves? When do we become dust?

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<v Speaker 1>It all began with a promise. Here's Lucy.

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<v Speaker 3>On the morning of September 11th, 2001, Charles Hirsch rushed

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<v Speaker 3>downtown to the site of the Twin Towers. Hirsch was

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<v Speaker 3>the city's chief medical examiner. He knew his team had

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<v Speaker 3>to move quickly. they would need to set up a

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<v Speaker 3>temporary morgue. When the North Tower collapsed, Hirsch was hit

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<v Speaker 3>with debris and badly injured. Mayor Giuliani spoke to the press.

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<v Speaker 4>Dr. Hirsch was injured and had to be treated, but

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<v Speaker 4>he's organized his office and they are ready to deal

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<v Speaker 4>with thousands and thousands of bodies if they have to.

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<v Speaker 3>Leaving Ground Zero, Hirsch was caked in dust. Later, he

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<v Speaker 3>reached into his pockets and found fistfuls of it He

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<v Speaker 3>told the New York Times that's when it dawned on him.

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<v Speaker 3>If concrete was pulverized into dust, it wasn't much of

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<v Speaker 3>a mystery what might have happened to people. It wouldn't

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<v Speaker 3>be thousands of bodies, but thousands of body parts.

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<v Speaker 5>So he made a promise.

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<v Speaker 2>Charles Hirsch, the medical examiner, says we will never rest

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<v Speaker 2>until all remains are identified.

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<v Speaker 3>This is Jay Aronson, a professor at Carnegie Mellon University.

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<v Speaker 3>He wrote a book called Who Owns the Dead? The

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<v Speaker 3>Science and Politics of Death at Ground Zero.

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<v Speaker 2>These kinds of issues are a daily occurrence for people

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<v Speaker 2>in war zones. I wanted to kind of bring that

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<v Speaker 2>home to Americans. I wanted Americans to understand what people

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<v Speaker 2>in other parts of the world go through on a

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<v Speaker 2>regular basis, particularly in conflict zones.

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<v Speaker 3>9-11 was the first time in modern history that Americans

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<v Speaker 3>were dealing with this scale of dismemberment on U.S.

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<v Speaker 6>Soil.

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<v Speaker 5>And right then, DNA.

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<v Speaker 3>Technology had evolved to be able to identify the dead

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<v Speaker 3>in a way that was never possible before.

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<v Speaker 2>Really in the context of the Balkan Wars, scientists needed

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<v Speaker 2>to develop ways of dealing with decayed and degraded bone

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<v Speaker 2>and tissue to match very degraded DNA samples to family samples.

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<v Speaker 2>And so that That early work was really coming to

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<v Speaker 2>fruition right when 9-11 happened.

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<v Speaker 3>This meant, on the one hand, that there was a

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<v Speaker 3>chance that anything with a trace of the victims could

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<v Speaker 3>potentially be identified for families. But it also meant that

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<v Speaker 3>the promise Charles Hirsch made to identify every remain found

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<v Speaker 3>and not to rest until they did would lead to

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<v Speaker 3>big expectations from the public.

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<v Speaker 2>That I think affirms the view in some families' minds

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<v Speaker 2>that all of the remains are sacred, that the goal

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<v Speaker 2>isn't just to positively identify in a forensic sense the

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<v Speaker 2>presence of a particular individual at the site at the

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<v Speaker 2>time of the attacks, but that there was something sacred

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<v Speaker 2>about each and every bit of their body, and that

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<v Speaker 2>all of the bits, all of the pieces that could

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<v Speaker 2>be associated with a particular person should be returned to

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<v Speaker 2>that family or should be handled in a particular way.

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<v Speaker 3>There were rumors in those first few days that tens

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<v Speaker 3>of thousands of people might be missing or dead. Up

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<v Speaker 3>to 200,000 people visited the World Trade Center complex.

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<v Speaker 5>Each day, and 50,000 people worked there.

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<v Speaker 3>Matthew Horning worked as a database administrator on the 95th

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<v Speaker 3>floor of the North Tower. He was 26 years old.

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<v Speaker 3>On a hot July day, I drove out to New

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<v Speaker 3>Jersey to speak with his parents.

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<v Speaker 5>Hello.

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<v Speaker 7>How are you?

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<v Speaker 6>I am.

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<v Speaker 5>Nice to meet you.

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<v Speaker 7>Thanks for having me.

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<v Speaker 3>His mother, Diane, and I settled onto the couch. His father, Kurt,

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<v Speaker 3>showed me a picture of him. Matthew had light brown

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<v Speaker 3>hair and a goatee.

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<v Speaker 2>This is why I wear it all.

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<v Speaker 7>That's a picture of my son.

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<v Speaker 5>In your wallet.

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<v Speaker 6>Yeah, in my wallet.

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<v Speaker 8>They carry it all the time.

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<v Speaker 5>As Diane told me, Matthew was just getting started.

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<v Speaker 9>Matthew was.

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<v Speaker 2>I mean, he.

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<v Speaker 9>He was wonderful. He had great friends. He was good

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<v Speaker 9>to me. He was good to the family. He was

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<v Speaker 9>not flawless. But he didn't think of himself as anything

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<v Speaker 9>super special. In fact, his email address was IamACog. Because

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<v Speaker 9>you would ask him, what's your job? He was in IT.

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<v Speaker 9>What do you do? He says, you know those little

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<v Speaker 9>pieces that if one kicks off the whole cog, the

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<v Speaker 9>wheel doesn't turn? I'm one of those. I'm a cog

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<v Speaker 9>in the wheel.

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<v Speaker 3>Diane said Matthew could be funny. He had just started

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<v Speaker 3>dating a nice girl who he hoped to marry someday.

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<v Speaker 3>He liked to play Dungeons and Dragons with his friends,

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<v Speaker 3>and he wanted to be a fantasy writer. He was

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<v Speaker 3>signed up to take a writing class on September 12th.

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<v Speaker 3>He lived the way most guys in their late 20s do.

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<v Speaker 9>As we used to say, he lived in a place

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<v Speaker 9>that everybody used to want to move out of. And

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<v Speaker 9>his roommate, you'd go and you'd just go. Okay, is

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<v Speaker 9>this how I raised you?

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<v Speaker 3>Kurt and Diane Horning reminded me a lot of my

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<v Speaker 3>own parents. They live in the same house they raised

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<v Speaker 3>their children in. They've been married for 56 years, and

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<v Speaker 3>they've lived here for 53 of those. They have another child,

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<v Speaker 3>a daughter, and grandkids now. In the corner of the room,

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<v Speaker 3>there's a makeshift memorial to Matthew. Diane took a wooden

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<v Speaker 3>bowl off of a bookcase and emptied it onto the couch.

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<v Speaker 9>This is his wallet. His wallet was, these are all

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<v Speaker 9>the things that were in his wallet. And when they

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<v Speaker 9>found these things, they sealed them and put them, you know,

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<v Speaker 9>like they sealed. This was the money that was in

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<v Speaker 9>his wallet, and it was sealed in this packaging. That

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<v Speaker 9>was found at Fresh Kills.

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<v Speaker 3>During the sorting operation at Fresh Kills, Victims' families could

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<v Speaker 3>schedule visits to see what was going on there. Diane

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<v Speaker 3>doesn't remember when exactly she first visited, but she remembers

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<v Speaker 3>what she saw. She showed me some pictures she took

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<v Speaker 3>on one of her trips. This looks like just a

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<v Speaker 3>crack in the earth and some, like, grass with, like,

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<v Speaker 3>hay maybe?

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<v Speaker 9>Yep, that was something I put on top of it,

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<v Speaker 9>but you could see pieces of the fire hose.

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<v Speaker 5>Oh, wow, yeah, it's like a fire hose in the

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<v Speaker 5>dirt with some flowers on it.

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<v Speaker 7>Yep.

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<v Speaker 9>You could see pieces of the building. You could see this,

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<v Speaker 9>which was a huge piece of cloth. We found shoes.

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<v Speaker 9>They said everything to a quarter of an inch has

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<v Speaker 9>been sifted out. They did not sift down to a quarter.

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<v Speaker 9>They lied.

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<v Speaker 5>Diane was shocked.

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<v Speaker 3>Fresh Kills was not supposed to look like this.

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<v Speaker 5>Something didn't seem right to her.

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<v Speaker 3>This was the beginning of a fight for the Hornings,

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<v Speaker 3>and other families too, over what exactly Charles Hirsch's promise meant,

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<v Speaker 3>and where the remains of the dead should go. Dennis

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<v Speaker 3>Diggins was the superintendent of the Fresh Kills landfill. He

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<v Speaker 3>was in charge of overseeing its closure, and then its reopening.

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<v Speaker 3>in the early morning hours of September.

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<v Speaker 5>12, 2001.

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<v Speaker 6>So we got the first load out to the Frescoes,

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<v Speaker 6>I guess around 2 o'clock in the morning. And then

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<v Speaker 6>I just shot home, and I look like somebody dumped

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<v Speaker 6>a load of saccharine on my head. So I actually

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<v Speaker 6>got undressed in the garage and ran into the shower.

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<v Speaker 6>And then I was back at Frescoes the next morning

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<v Speaker 6>by 7 o'clock.

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<v Speaker 3>Diggins helped manage the cleanup for the sanitation department. City

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<v Speaker 3>officials started meeting at a school down the street from

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<v Speaker 3>Ground Zero. It became the de facto command center.

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<v Speaker 6>You went in and you saw all these top engineers

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<v Speaker 6>from all over the city sitting on these little seats.

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<v Speaker 6>They were like kindergarten seats. And you knew once those

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<v Speaker 6>egos were checked and sitting there, you knew we were

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<v Speaker 6>going to get through this. Uh, but it was still

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<v Speaker 6>a daunting experience.

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<v Speaker 3>The world's largest garbage dump was now an active crime scene.

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<v Speaker 3>The sorting and searching operation was all going to take

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<v Speaker 3>place at Fresh Kills.

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<v Speaker 6>Which really made the most sense because Fresh Kills is a, uh,

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<v Speaker 6>it's a city-owned facility. It's secured, it's fenced in, uh,

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<v Speaker 6>It's a marina loading facility, so if you want to

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<v Speaker 6>barge material there, you can barge material. And again, we

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<v Speaker 6>had 170 acres of flat plateau to work off of.

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<v Speaker 3>At first, they were sorting through the material by hand,

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<v Speaker 3>with shovels and rakes.

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<v Speaker 5>And by the way, someone I spoke to for.

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<v Speaker 3>This story made clear that material was the best word

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<v Speaker 3>to use.

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<v Speaker 5>Not debris, the word I'd been using.

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<v Speaker 3>Eventually, they brought in these sifting machines— which could take

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<v Speaker 3>the material and separate it out through screens to pieces

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<v Speaker 3>that were a quarter of an inch. That's about half

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<v Speaker 3>the size of your thumbnail. Everything else that passed through

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<v Speaker 3>was considered inconsequential dirt and dust.

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<v Speaker 5>Leftovers.

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<v Speaker 3>Whenever human remains were found, and they were found often

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<v Speaker 3>in those first few months, they were immediately sent to

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<v Speaker 3>the office of the chief medical examiner.

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<v Speaker 5>They found lots of personal items too. Wallets, ID cards, watches.

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<v Speaker 6>The men and women who worked in press kills were

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<v Speaker 6>never trained for anything like this. Tractor operators who were

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<v Speaker 6>moving material around in the sorting fields, I mean, they

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<v Speaker 6>saw human remains on a daily basis. And you would

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<v Speaker 6>see it as you were walking by. They would walk

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<v Speaker 6>by with a pail, and you knew what was inside.

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<v Speaker 6>But I think everybody stepped up and did what they

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<v Speaker 6>had to do and treated it with the utmost respect.

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<v Speaker 5>There were certain kinks to work out in the searching process.

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<v Speaker 3>One of them was getting the speed of the sifters right,

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<v Speaker 3>so that people could catch things without getting motion sick.

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<v Speaker 3>Another was accounting for the fact that people were working

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<v Speaker 3>around the clock, 24-7. It didn't take a day off

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<v Speaker 3>until Thanksgiving of that year. And then there were the seagulls.

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<v Speaker 3>An NYPD official said they knew which piles of material

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<v Speaker 3>had lots of human remains, because seagulls would circle above,

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<v Speaker 3>and they'd have to fight them off. By July of 2002,

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<v Speaker 3>the city thought the operation at Fresh Kills was finished.

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<v Speaker 3>It ended ahead of schedule and under budget, rare for

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<v Speaker 3>a government project. All told, they sorted about 1.5 million

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<v Speaker 3>tons of material from ground zero. That's about 600 Olympic

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<v Speaker 3>swimming pools worth of stuff. But then there's this fact

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<v Speaker 3>of the fines. What are the fines?

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<v Speaker 6>What are the fines?

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<v Speaker 7>Mm-hmm.

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<v Speaker 6>The fines were the material that came through the sifter.

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<v Speaker 6>After it was searched out to a quarter of an inch,

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<v Speaker 6>those fines were then taken. Everything that was landfilled was

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<v Speaker 6>put into an area of about 45 acres on the

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<v Speaker 6>western side of the landfill. So that it was determined

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<v Speaker 6>that at the end of the day, we would be

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<v Speaker 6>able to cordon off this area that was all World

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<v Speaker 6>Trade Center material.

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<v Speaker 5>The fines.

0:13:47.040 --> 0:13:53.470
<v Speaker 3>F-I-N-E-S. Unidentified dirt and dust. The last stuff to be

0:13:53.510 --> 0:13:58.530
<v Speaker 3>left at Fresh Kills. Not garbage, not debris, but nothing

0:13:58.569 --> 0:14:00.709
<v Speaker 3>to be salvaged, at least from the city's point of view.

0:14:02.510 --> 0:14:04.609
<v Speaker 3>Of course, not everyone saw it that way.

0:14:05.829 --> 0:14:09.780
<v Speaker 9>They treated my son like garbage. This was the largest

0:14:09.900 --> 0:14:14.520
<v Speaker 9>garbage dump that had been recently closed. So while the

0:14:14.579 --> 0:14:19.899
<v Speaker 9>people who killed my son I have certainly an animosity

0:14:19.960 --> 0:14:25.150
<v Speaker 9>for them. I have a huge animosity for the people

0:14:25.170 --> 0:14:30.890
<v Speaker 9>who were running New York and running our federal government also,

0:14:32.270 --> 0:14:35.750
<v Speaker 9>who allowed my son to be put in a garbage dump.

0:14:36.790 --> 0:14:38.760
<v Speaker 9>Now we've got to do this fast, clean it up,

0:14:39.600 --> 0:14:42.680
<v Speaker 9>and get it out of our sight. Out of sight,

0:14:42.739 --> 0:14:43.460
<v Speaker 9>out of mind.

0:14:44.140 --> 0:14:44.640
<v Speaker 8>Out of mind.

0:14:46.640 --> 0:14:48.639
<v Speaker 3>When I went to visit the Hornings in New Jersey,

0:14:49.180 --> 0:14:51.720
<v Speaker 3>the first thing I noticed was a bumper sticker on

0:14:51.739 --> 0:14:52.560
<v Speaker 3>their car out front.

0:14:53.340 --> 0:14:54.740
<v Speaker 5>I had Diane read me what it said.

0:14:55.400 --> 0:14:58.140
<v Speaker 9>The Fresh Kills garbage dump is no resting place for

0:14:58.160 --> 0:15:01.720
<v Speaker 9>the WTC 9-11 victims. We need your help.

0:15:03.080 --> 0:15:06.229
<v Speaker 3>Before Matthew was killed, Diane said she was not an organizer,

0:15:06.710 --> 0:15:10.350
<v Speaker 3>not especially political. But in the face of insurmountable grief

0:15:10.690 --> 0:15:13.830
<v Speaker 3>over losing her son in a terrorist attack, she decided

0:15:13.850 --> 0:15:15.489
<v Speaker 3>to fight the only people she really could.

0:15:16.340 --> 0:15:21.300
<v Speaker 5>The city of New York. The Hornings had one demand.

0:15:21.920 --> 0:15:24.060
<v Speaker 3>Do not leave the remains of our son in the

0:15:24.100 --> 0:15:27.739
<v Speaker 3>Fresh Kills garbage dump. From their kitchen table, the Hornings

0:15:27.760 --> 0:15:31.320
<v Speaker 3>started a group called WTC Families for a Proper Burial

0:15:31.820 --> 0:15:34.830
<v Speaker 3>with others who had lost loved ones. They were fighting

0:15:34.870 --> 0:15:37.609
<v Speaker 3>to have the finds, that big pile of dust left

0:15:37.670 --> 0:15:40.830
<v Speaker 3>over from the sorting operation, moved out of the landfill

0:15:41.090 --> 0:15:44.409
<v Speaker 3>and into a more dignified place. The group met every

0:15:44.450 --> 0:15:47.610
<v Speaker 3>month at the Union Library in New Jersey. They attended

0:15:47.690 --> 0:15:50.109
<v Speaker 3>public planning meetings and protested at others.

0:15:51.229 --> 0:15:55.570
<v Speaker 9>So I became the spokesperson because I wasn't afraid to speak.

0:15:56.470 --> 0:15:58.110
<v Speaker 9>So you could say, well, we're going to meet the mayor.

0:15:58.130 --> 0:16:02.520
<v Speaker 9>I don't care. You know, that's okay. I'll talk to anybody.

0:16:04.020 --> 0:16:04.860
<v Speaker 5>And they did meet the mayor.

0:16:05.560 --> 0:16:08.259
<v Speaker 3>Kurt and Diane told me they had a private, one-on-one

0:16:08.280 --> 0:16:09.680
<v Speaker 3>meeting with Mayor Bloomberg.

0:16:10.540 --> 0:16:12.300
<v Speaker 9>He was on his way to a basketball game, so

0:16:12.340 --> 0:16:18.430
<v Speaker 9>we had to make it fast. And he said, well,

0:16:18.510 --> 0:16:21.590
<v Speaker 9>I'm giving my body to science, so burial doesn't matter

0:16:21.630 --> 0:16:26.530
<v Speaker 9>to me. We said, we think that's great. That's your choice.

0:16:27.210 --> 0:16:29.930
<v Speaker 9>But we need a choice, too. And our choice is

0:16:29.989 --> 0:16:31.020
<v Speaker 9>to bury our children.

0:16:33.600 --> 0:16:37.260
<v Speaker 3>On May 30, 2002, a ceremony was held at Ground Zero,

0:16:37.660 --> 0:16:40.860
<v Speaker 3>marking the end of the recovery effort there. But then,

0:16:40.880 --> 0:16:45.210
<v Speaker 3>a couple years later, during a construction project, additional human

0:16:45.250 --> 0:16:48.869
<v Speaker 3>remains were found across the street from the towers on

0:16:48.910 --> 0:16:51.650
<v Speaker 3>the roof of the Deutsche Bank building. This kicked off

0:16:51.729 --> 0:16:54.409
<v Speaker 3>a new effort, which led to the discovery of over

0:16:54.450 --> 0:16:58.609
<v Speaker 3>a thousand bone fragments, human tissue, and other remains over

0:16:58.630 --> 0:17:02.550
<v Speaker 3>the next few years. Some were discovered by accident, like

0:17:02.590 --> 0:17:05.450
<v Speaker 3>when Con Ed workers were digging in a manhole. It

0:17:05.490 --> 0:17:09.210
<v Speaker 3>was clear that certain areas had been missed. The WTC

0:17:09.230 --> 0:17:11.600
<v Speaker 3>families group thought there was a chance that things might

0:17:11.620 --> 0:17:15.250
<v Speaker 3>have been missed at Fresh Kills, too. After all, Diane

0:17:15.270 --> 0:17:17.830
<v Speaker 3>had taken those pictures of stuff larger than a quarter

0:17:17.850 --> 0:17:22.260
<v Speaker 3>of an inch, like the fire hose. In 2002, a

0:17:22.280 --> 0:17:25.220
<v Speaker 3>bill was introduced in the New Jersey legislature that would

0:17:25.240 --> 0:17:28.400
<v Speaker 3>have required officials to remove the fines from Fresh Kills

0:17:28.920 --> 0:17:31.720
<v Speaker 3>and place them into containers to be stored at Ground Zero.

0:17:32.800 --> 0:17:35.990
<v Speaker 5>The bill never really went anywhere. The fines were determined

0:17:36.090 --> 0:17:37.250
<v Speaker 5>to be somewhere between 360,000 and 480,000 tons.

0:17:41.730 --> 0:17:44.450
<v Speaker 3>If you picture it, that's about one football field in length,

0:17:45.010 --> 0:17:49.120
<v Speaker 3>piled 200 feet high. Promises were made to the families

0:17:49.180 --> 0:17:51.840
<v Speaker 3>by city officials, saying that the fines would be dealt

0:17:51.880 --> 0:17:55.960
<v Speaker 3>with somehow, that they wouldn't be forgotten. But those well-intentioned

0:17:56.000 --> 0:17:58.480
<v Speaker 3>promises sent the Hornings spinning in circles.

0:17:59.420 --> 0:18:03.830
<v Speaker 9>They sent us to the coroner's office. He was a

0:18:03.860 --> 0:18:06.530
<v Speaker 9>wonderful man, by the way. But the person we had

0:18:06.570 --> 0:18:10.120
<v Speaker 9>to deal with was Barbara Butcher. And then they send

0:18:10.180 --> 0:18:11.520
<v Speaker 9>us to— Wait, I'm sorry, that was her name?

0:18:11.740 --> 0:18:12.120
<v Speaker 2>Her name.

0:18:12.820 --> 0:18:14.930
<v Speaker 9>And then we go to Fresh Kills and we deal

0:18:14.970 --> 0:18:18.710
<v Speaker 9>with Dennis Diggins. And there were other names like that.

0:18:18.750 --> 0:18:23.610
<v Speaker 9>We're going, what is going on here? We felt like

0:18:23.650 --> 0:18:27.590
<v Speaker 9>we were in a Dickens novel. We really did. And

0:18:28.530 --> 0:18:31.900
<v Speaker 9>if we didn't laugh, we cried. We laughed a lot.

0:18:32.540 --> 0:18:33.380
<v Speaker 9>We cried a lot.

0:18:34.580 --> 0:18:37.990
<v Speaker 3>Dennis Diggins, the person in charge at Fresh Kills— remembers

0:18:38.030 --> 0:18:40.440
<v Speaker 3>the last meeting he had with the Hornings in his trailer.

0:18:41.100 --> 0:18:41.940
<v Speaker 5>It didn't go so well.

0:18:43.220 --> 0:18:46.880
<v Speaker 6>At one point in one of the meetings, he says, well,

0:18:47.060 --> 0:18:50.420
<v Speaker 6>who ultimately told you to come and bring this material

0:18:50.460 --> 0:18:54.150
<v Speaker 6>to Fresh Kells? So I said, well, it was determined

0:18:54.190 --> 0:18:57.530
<v Speaker 6>by the mayor and the Office of Emergency Management determined

0:18:57.550 --> 0:19:01.510
<v Speaker 6>that it should come here. So he said, so you

0:19:01.550 --> 0:19:05.440
<v Speaker 6>just blindly followed orders like Nazis? You just followed orders?

0:19:06.220 --> 0:19:08.740
<v Speaker 6>And at that point, I just said, listen, this meeting's over.

0:19:08.820 --> 0:19:11.440
<v Speaker 6>If you're going to equate the work that we're doing

0:19:11.480 --> 0:19:15.359
<v Speaker 6>here to Nazi Germany, I'm done. I'm not talking to

0:19:15.400 --> 0:19:16.220
<v Speaker 6>you people anymore.

0:19:18.830 --> 0:19:21.470
<v Speaker 3>The Hornings got some politicians to sign letters of support

0:19:21.510 --> 0:19:22.109
<v Speaker 3>for their cause.

0:19:23.150 --> 0:19:24.430
<v Speaker 5>Plans were starting to be made.

0:19:24.290 --> 0:19:26.650
<v Speaker 3>For what the memorial would be, and the city held

0:19:26.710 --> 0:19:29.090
<v Speaker 3>sessions for the public to attend and share their input.

0:19:30.170 --> 0:19:33.620
<v Speaker 3>Diane wanted to make one thing clear. A landfill could

0:19:33.700 --> 0:19:35.180
<v Speaker 3>never be a memorial in her eyes.

0:19:36.370 --> 0:19:39.590
<v Speaker 9>I remember going to one of these symposiums, and I

0:19:40.110 --> 0:19:42.810
<v Speaker 9>took a box, and I put garbage in the box,

0:19:43.370 --> 0:19:46.190
<v Speaker 9>and then I gift-wrapped it. That old pretty bow and whatever.

0:19:46.630 --> 0:19:49.550
<v Speaker 9>And then I opened it, and I said, I put

0:19:49.570 --> 0:19:51.670
<v Speaker 9>it in a pretty box, but it's still garbage.

0:19:53.150 --> 0:19:56.040
<v Speaker 5>Soon, a judge would weigh in on this fight. That's

0:19:56.160 --> 0:19:56.620
<v Speaker 5>after the break.

0:20:01.760 --> 0:20:04.520
<v Speaker 3>Around the middle of the 4th century BC, the dog

0:20:04.540 --> 0:20:07.560
<v Speaker 3>philosopher Diogenes was chatting with friends about what should be

0:20:07.600 --> 0:20:10.860
<v Speaker 3>done with his body after he died. Here's cultural historian

0:20:10.920 --> 0:20:11.640
<v Speaker 3>Thomas Lequeur.

0:20:12.220 --> 0:20:17.760
<v Speaker 8>You know, he's called the dog philosopher because dogs live naturally. Diogenes'

0:20:17.800 --> 0:20:20.260
<v Speaker 8>view of dogs, well, you know, they do all this

0:20:20.280 --> 0:20:21.859
<v Speaker 8>stuff in public that I'd like to do in public.

0:20:22.780 --> 0:20:25.320
<v Speaker 8>He was sort of famous in antiquity as being sort

0:20:25.340 --> 0:20:27.520
<v Speaker 8>of a truth-telling street person.

0:20:28.420 --> 0:20:30.690
<v Speaker 5>Lequeur is author of the book The Work of the Dead.

0:20:31.360 --> 0:20:34.359
<v Speaker 3>It begins with the story of Diogenes, a man who

0:20:34.400 --> 0:20:36.710
<v Speaker 3>lived in a barrel on the street and was opposed

0:20:36.750 --> 0:20:39.270
<v Speaker 3>to all that was decent. He thought that humans should

0:20:39.310 --> 0:20:42.050
<v Speaker 3>be able to masturbate and defecate in public the same

0:20:42.110 --> 0:20:45.670
<v Speaker 3>way we eat in public. And so, when Diogenes was

0:20:45.720 --> 0:20:47.880
<v Speaker 3>talking about what should happen to him after he died,

0:20:48.460 --> 0:20:50.020
<v Speaker 3>he said that he'd like to be thrown over the

0:20:50.040 --> 0:20:54.080
<v Speaker 3>city walls and disposed of like debris. I'm paraphrasing here,

0:20:54.500 --> 0:20:56.560
<v Speaker 3>but the story goes that his friends pleaded with him,

0:20:57.040 --> 0:21:01.280
<v Speaker 3>saying animals would dismember his body. Diogenes said, okay, then

0:21:01.320 --> 0:21:02.540
<v Speaker 3>put a stick in my hand so that I can

0:21:02.580 --> 0:21:05.400
<v Speaker 3>fight them off. His friends said, well, you wouldn't be

0:21:05.440 --> 0:21:07.460
<v Speaker 3>able to use the stick because you'd be dead.

0:21:08.380 --> 0:21:10.740
<v Speaker 5>To which Diogenes replied, exactly.

0:21:10.760 --> 0:21:17.260
<v Speaker 8>Diogenes is... is right in that a human body is

0:21:17.980 --> 0:21:21.880
<v Speaker 8>in no material way different from an animal body, which

0:21:21.940 --> 0:21:24.750
<v Speaker 8>get eaten by vultures and dealt with in the ordinary

0:21:24.820 --> 0:21:29.550
<v Speaker 8>course of ecology. And he's also right that he won't

0:21:29.710 --> 0:21:33.370
<v Speaker 8>notice it. So it's nothing to him what happens to

0:21:33.450 --> 0:21:33.890
<v Speaker 8>his body.

0:21:34.850 --> 0:21:36.850
<v Speaker 5>But of course, Diogenes is very wrong.

0:21:37.650 --> 0:21:40.450
<v Speaker 3>For thousands of years before and for thousands of years after,

0:21:41.010 --> 0:21:45.040
<v Speaker 3>humanity has rejected his logical proposition. Although we know we

0:21:45.080 --> 0:21:47.580
<v Speaker 3>can't use a stick to fight off vultures when we die,

0:21:48.250 --> 0:21:50.450
<v Speaker 3>most people would never throw someone out like trash.

0:21:51.550 --> 0:21:53.850
<v Speaker 8>There are only four ways you could get rid of

0:21:53.870 --> 0:21:57.870
<v Speaker 8>the dead, right? Air, fire, water, and earth. So you

0:21:57.890 --> 0:22:00.030
<v Speaker 8>bury them in the earth, you burn them with fire,

0:22:00.050 --> 0:22:02.370
<v Speaker 8>you throw them in water, or you leave them in

0:22:02.390 --> 0:22:05.670
<v Speaker 8>the air. So all of these have been done.

0:22:06.630 --> 0:22:09.750
<v Speaker 3>The place of the dead has always mattered. Starting in

0:22:09.770 --> 0:22:12.130
<v Speaker 3>the 8th century, to be a church was to have

0:22:12.200 --> 0:22:13.000
<v Speaker 3>the body of a martyr.

0:22:13.510 --> 0:22:14.350
<v Speaker 5>Or a relic from one.

0:22:15.370 --> 0:22:17.830
<v Speaker 3>And the worst fate imaginable for the faithful was to

0:22:17.870 --> 0:22:21.100
<v Speaker 3>not be buried near them in the churchyard. Then, of course,

0:22:21.140 --> 0:22:26.180
<v Speaker 3>there's the public cemetery, cremation, open caskets, scattering ashes in

0:22:26.200 --> 0:22:26.540
<v Speaker 3>the river.

0:22:27.200 --> 0:22:29.940
<v Speaker 8>The general point is that no one throws them away.

0:22:33.060 --> 0:22:35.560
<v Speaker 3>To Diane and Kurt Horning, it seemed like the city

0:22:35.660 --> 0:22:38.930
<v Speaker 3>was doing just that, throwing away the remains of their

0:22:38.970 --> 0:22:44.540
<v Speaker 3>son in a landfill. In the best-case scenario, WTC families

0:22:44.590 --> 0:22:47.660
<v Speaker 3>wanted the fines taken out of Fresh Kills, moved to

0:22:47.680 --> 0:22:51.600
<v Speaker 3>Ground Zero, and incorporated into the memorial there. If that

0:22:51.640 --> 0:22:56.640
<v Speaker 3>wasn't possible, WTC families had other suggestions. Governor's Island. Or

0:22:56.680 --> 0:22:58.500
<v Speaker 3>maybe a section of Fresh Kills that was not on

0:22:58.540 --> 0:23:03.240
<v Speaker 3>top of garbage. In 2004, the city finally said outright,

0:23:03.920 --> 0:23:07.640
<v Speaker 3>the fines would not be moved from Fresh Kills. I

0:23:07.740 --> 0:23:11.900
<v Speaker 3>asked Dennis Diggins about this. To me, it seemed logistically challenging.

0:23:12.350 --> 0:23:14.250
<v Speaker 3>but not totally out of the question to move the

0:23:14.270 --> 0:23:14.990
<v Speaker 3>finds somewhere else.

0:23:15.850 --> 0:23:21.250
<v Speaker 7>Was it purely a logistical impossibility to put the finds

0:23:21.370 --> 0:23:24.310
<v Speaker 7>somewhere else, like to make a cemetery somewhere or to

0:23:24.730 --> 0:23:26.910
<v Speaker 7>put them in a place that was not Fresh Kills?

0:23:26.950 --> 0:23:29.170
<v Speaker 5>Like, why was that not possible?

0:23:30.650 --> 0:23:33.230
<v Speaker 6>Well, at the time, finds were just another product of

0:23:33.290 --> 0:23:39.330
<v Speaker 6>the material itself. There was never any thought that this

0:23:39.410 --> 0:23:43.990
<v Speaker 6>material should be brought somewhere else and treated somewhere else.

0:23:45.090 --> 0:23:47.110
<v Speaker 6>Just didn't enter into the equation.

0:23:47.590 --> 0:23:51.020
<v Speaker 3>Would the fines just look like a pile of dirt

0:23:51.200 --> 0:23:58.120
<v Speaker 3>to someone who didn't know what they were? Yep. After

0:23:58.180 --> 0:24:01.040
<v Speaker 3>years of meetings and sessions and bills that went nowhere,

0:24:01.840 --> 0:24:05.830
<v Speaker 3>WTC families for a proper burial sued the city. They

0:24:05.850 --> 0:24:09.170
<v Speaker 3>hired legendary civil rights attorney Norman Siegel to represent them.

0:24:10.050 --> 0:24:13.710
<v Speaker 3>In August of 2005, they filed their two-count complaint, alleging

0:24:13.730 --> 0:24:16.810
<v Speaker 3>that leaving the fines and fresh kills violated their 14th

0:24:16.830 --> 0:24:20.660
<v Speaker 3>Amendment right to due process. They claim it also violated

0:24:20.720 --> 0:24:23.879
<v Speaker 3>New York burial laws, which state that family members have

0:24:23.900 --> 0:24:28.359
<v Speaker 3>certain property rights when it comes to their dead. At

0:24:28.400 --> 0:24:31.160
<v Speaker 3>some point, the Hornings reached out to Charles Hirsch, the

0:24:31.180 --> 0:24:34.940
<v Speaker 3>chief medical examiner. They wanted information about what remains had

0:24:34.960 --> 0:24:38.750
<v Speaker 3>been found and where. Hirsch sent Diane Horning a letter

0:24:38.790 --> 0:24:42.270
<v Speaker 3>in response. He wrote, But the problem was, none of

0:24:42.310 --> 0:24:45.580
<v Speaker 3>the plaintiffs could prove that the ashes of their loved one, specifically,

0:24:45.620 --> 0:24:48.119
<v Speaker 3>was mixed in with that dirt. Nearly three years after

0:24:48.140 --> 0:24:50.940
<v Speaker 3>litigation began, the judge in the case issued his decision.

0:25:09.600 --> 0:25:12.600
<v Speaker 3>He ruled that the plaintiffs lacked a constitutionally protected right

0:25:12.860 --> 0:25:16.400
<v Speaker 3>to what amounts to, quote, an unidentifiable.

0:25:15.580 --> 0:25:16.420
<v Speaker 5>Mass of dirt.

0:25:17.680 --> 0:25:22.900
<v Speaker 3>He wrote, All human remains that could be identified were identified.

0:25:23.920 --> 0:25:33.410
<v Speaker 3>Only dust remains. Almost 3,000 people died on September 11, 2001.

0:25:33.400 --> 0:25:39.780
<v Speaker 3>Over 20,000 fragments of human remains were found. families didn't

0:25:39.810 --> 0:25:42.680
<v Speaker 3>just receive one notification that their loved one was among

0:25:42.720 --> 0:25:46.800
<v Speaker 3>the dead. Some of them received visit after visit, phone

0:25:46.820 --> 0:25:49.480
<v Speaker 3>call after phone call, each time a new body part

0:25:49.620 --> 0:25:52.879
<v Speaker 3>or piece of tissue was identified as a match. But

0:25:52.900 --> 0:25:55.840
<v Speaker 3>there are still over a thousand people whose remains have

0:25:55.900 --> 0:26:01.540
<v Speaker 3>never been identified. Charles Hirsch passed away in 2016, but

0:26:01.580 --> 0:26:03.660
<v Speaker 3>the city is still looking for ways to match the

0:26:03.730 --> 0:26:08.720
<v Speaker 3>remains they keep to the dead. In 2025, forensic scientists

0:26:08.780 --> 0:26:13.940
<v Speaker 3>had a breakthrough and identified three new 9-11 victims. DNA

0:26:13.980 --> 0:26:18.260
<v Speaker 3>matching technology continues to get better. It's possible this process

0:26:18.380 --> 0:26:26.080
<v Speaker 3>will never end. Diane and Kurt Horning have received a

0:26:26.120 --> 0:26:30.790
<v Speaker 3>few notifications over the years, small fragments of Matthew. They

0:26:30.810 --> 0:26:33.430
<v Speaker 3>buried what they were given, but pieces of their son

0:26:33.610 --> 0:26:37.540
<v Speaker 3>are not enough. Toward the end of our interview, I

0:26:37.600 --> 0:26:40.100
<v Speaker 3>finally asked Diane a question I'd been wondering since I

0:26:40.140 --> 0:26:40.520
<v Speaker 3>walked in.

0:26:41.220 --> 0:26:43.040
<v Speaker 5>I haven't asked about your pin. Tell me about your

0:26:43.100 --> 0:26:44.620
<v Speaker 5>pin you're wearing.

0:26:44.720 --> 0:26:48.010
<v Speaker 9>We got these. Somebody wrote, and I wish I could remember.

0:26:48.470 --> 0:26:50.070
<v Speaker 3>It was a picture of the towers with a heart

0:26:50.110 --> 0:26:52.530
<v Speaker 3>in the background, the same image I'd seen on the

0:26:52.550 --> 0:26:53.930
<v Speaker 3>Hornings car when I was walking up.

0:26:55.250 --> 0:26:57.130
<v Speaker 5>I assumed she'd put it on because I was coming.

0:26:57.950 --> 0:26:59.950
<v Speaker 9>I swore I'd wear it every day until he was

0:27:00.650 --> 0:27:02.630
<v Speaker 9>out of the dump, and he's not out of the dump,

0:27:02.650 --> 0:27:03.330
<v Speaker 9>so I'm wearing it.

0:27:03.750 --> 0:27:04.550
<v Speaker 5>You wear it every day?

0:27:04.770 --> 0:27:06.790
<v Speaker 9>I wear it every day. My husband wears his every day, too.

0:27:09.860 --> 0:27:12.750
<v Speaker 3>The fines are still at Fresh Kills. The city has

0:27:12.810 --> 0:27:16.010
<v Speaker 3>already begun converting the whole place into a park, and

0:27:16.050 --> 0:27:18.470
<v Speaker 3>plans are in the works for a 9-11 memorial there.

0:27:20.090 --> 0:27:21.770
<v Speaker 5>The Hornings say they'll never go.

0:27:29.000 --> 0:27:32.740
<v Speaker 3>The story began with a very well-meaning promise, a commitment

0:27:32.780 --> 0:27:37.040
<v Speaker 3>to honoring what remained after a massive tragedy, a promise

0:27:37.060 --> 0:27:40.080
<v Speaker 3>that Charles Hirsch hoped could give comfort to thousands of

0:27:40.120 --> 0:27:42.000
<v Speaker 3>families who were never going to see the person they

0:27:42.040 --> 0:27:45.380
<v Speaker 3>loved again. But it was always going to be an

0:27:45.440 --> 0:27:48.780
<v Speaker 3>impossible promise to fulfill. And I think the reason why

0:27:48.840 --> 0:27:51.680
<v Speaker 3>can be found in a personal story the cultural historian

0:27:51.700 --> 0:27:55.940
<v Speaker 3>Thomas Lequeur told me about his father, his grandfather, and

0:27:55.960 --> 0:28:00.800
<v Speaker 3>maybe himself, too. Lequeur's father, a Jew, had to flee

0:28:00.840 --> 0:28:04.800
<v Speaker 3>Germany in the 1940s. He and his family settled in Virginia.

0:28:05.640 --> 0:28:08.610
<v Speaker 3>He was a doctor, a pathologist. His father thought of

0:28:08.630 --> 0:28:12.280
<v Speaker 3>the dead how any pathologist would, in a detached, medical way.

0:28:12.960 --> 0:28:15.540
<v Speaker 3>When he died, he was cremated, and his ashes were

0:28:15.580 --> 0:28:17.800
<v Speaker 3>spread in a flowerbed next to a lake in Virginia.

0:28:18.760 --> 0:28:21.120
<v Speaker 3>Ten years later, Lequeur was invited to give a talk

0:28:21.180 --> 0:28:24.190
<v Speaker 3>in Germany, and his wife suggested that maybe he should

0:28:24.230 --> 0:28:26.870
<v Speaker 3>take some of his father's ashes with him and spread

0:28:26.890 --> 0:28:28.710
<v Speaker 3>them over his grandfather's grave in Hamburg.

0:28:29.770 --> 0:28:33.210
<v Speaker 5>The two were very close, both doctors. One problem.

0:28:34.110 --> 0:28:36.590
<v Speaker 8>Literally, I had no ashes. What I had was the flowerbed.

0:28:38.910 --> 0:28:42.310
<v Speaker 8>which had been fertilizing over the years. So there were

0:28:42.350 --> 0:28:44.850
<v Speaker 8>his ashes, the phosphorus, the nitrogen, and so forth. But

0:28:44.870 --> 0:28:47.870
<v Speaker 8>there was also the stuff he'd buy at Miracle-Gro or

0:28:47.890 --> 0:28:51.910
<v Speaker 8>whatever in this bed. I realized that my father would

0:28:51.930 --> 0:28:54.850
<v Speaker 8>have said this was complete nonsense. My father was a

0:28:55.510 --> 0:28:56.190
<v Speaker 8>man of science.

0:28:57.170 --> 0:28:58.270
<v Speaker 5>But LeCoeur did it anyway.

0:28:58.850 --> 0:29:01.770
<v Speaker 3>He traveled with a Ziploc baggie in his carry-on and

0:29:01.870 --> 0:29:03.930
<v Speaker 3>emptied it onto his grandfather's grave in Hamburg.

0:29:04.630 --> 0:29:06.480
<v Speaker 8>And I felt this was actually kind of an emotional

0:29:06.500 --> 0:29:11.820
<v Speaker 8>experience meaningful experience. It felt like I was connecting them again.

0:29:11.900 --> 0:29:15.460
<v Speaker 8>I felt, you know, I brought them together, you know, and,

0:29:16.320 --> 0:29:18.580
<v Speaker 8>but if you ask me, what was me, did I

0:29:18.620 --> 0:29:20.800
<v Speaker 8>think I'm, if you ask me, did you take your

0:29:20.820 --> 0:29:24.080
<v Speaker 8>dad's ashes and put them on your grandfather's grave? Let's

0:29:24.100 --> 0:29:24.550
<v Speaker 8>be kidding.

0:29:28.990 --> 0:29:32.130
<v Speaker 3>Humans care for the dead. It's what we do, even

0:29:32.170 --> 0:29:36.010
<v Speaker 3>though we know better. Laqueur borrows a quote from the

0:29:36.050 --> 0:29:39.820
<v Speaker 3>art critic, David Hickey. calling it a magic we can

0:29:39.840 --> 0:29:40.260
<v Speaker 3>believe in.

0:29:40.260 --> 0:29:44.350
<v Speaker 8>In other words, I'm a modern person. I don't believe

0:29:44.710 --> 0:29:48.110
<v Speaker 8>that any fragment of anyone has any particular relevance. My

0:29:48.150 --> 0:29:51.100
<v Speaker 8>father's ashes differ in no way from the fertilizer we

0:29:51.120 --> 0:29:52.360
<v Speaker 8>put in, but I.

0:29:52.380 --> 0:29:53.060
<v Speaker 2>Act as if I do.

0:29:54.780 --> 0:29:59.500
<v Speaker 3>At a certain point, things become something else. Alive, dead,

0:30:00.400 --> 0:30:07.570
<v Speaker 3>a body, dust, two buildings, rubble, ashes, miracle grow, a

0:30:07.610 --> 0:30:09.250
<v Speaker 3>garbage dump, a park.

0:30:10.070 --> 0:30:14.510
<v Speaker 5>But there's always this period in between. The transition. When

0:30:14.550 --> 0:30:16.090
<v Speaker 5>two things are true at once.

0:30:24.640 --> 0:30:28.140
<v Speaker 3>Provisionist History is produced by me, Lucy Sullivan, with Ben

0:30:28.160 --> 0:30:32.600
<v Speaker 3>Natafafri and Nina Bird Lawrence. Our editor is Karen Shikurji.

0:30:33.260 --> 0:30:37.420
<v Speaker 3>Our executive producer is Jacob Smith. Fact-checking by Sam Russick.

0:30:38.260 --> 0:30:43.210
<v Speaker 3>Original music by Luis Guerra and Stellwagen Symphonette. Mastering by

0:30:43.290 --> 0:30:48.450
<v Speaker 3>Marcelo de Oliveira. Special thanks to Robin Nagel, Marty Ballou,

0:30:48.910 --> 0:30:52.490
<v Speaker 3>and Norman Siegel. And thanks, of course, to Malcolm Gladwell.

0:30:53.370 --> 0:30:54.110
<v Speaker 5>I'm Lucy Sullivan.