ST. THOMAS - When Hazel Henry-Heywood went to visit her mother's grave in 1996, it was nowhere to be found.

Her mother, Violet Henry, died April 21, 1989, and was buried in Western Cemetery on May 3 of that year.

Upset, Henry-Heywood called her family members, many of whom live in the states. Her eight siblings were at a loss as well, so the family turned to the Department of Public Works for help.

Public Works oversees all burials and cemeteries, both private and public, in the territory.

For two years, the family called Public Works on a number of occasions trying to figure out what happened to their mother. In 1998, the family obtained the original burial permit from the department, which clearly stated the plot number and location of their mother at Western Cemetery. They then had a Public Works employee meet them at the cemetery to show them the exact spot. When they found the gravesite, the problem became clear.

Someone else had been buried on top of their mother.

Instead of their mother's bare site, there was a cream-colored concrete vault with purple trim bearing another woman's name - Roszelle Daniel-Todman.

Shocked and angry, the family turned to Public Works for answers and a solution. They were met with silence for many years.

"Nobody could tell us how this happened," Henry-Heywood said.

Henry-Heywood and her siblings spent the next seven years calling Public Works every few months to check up on their mother's situation, but their efforts brought no results.

In 2005, Violet's surviving husband, Alexander Henry, was diagnosed with an aortic aneurysm.

Violet Henry had asked to be buried in the ground as opposed to an above-ground concrete tomb, her daughter said. The plan was always for Alexander Henry to be buried in a vault on top of his wife.

When he was diagnosed with the disease, the family began to push Public Works harder to resolve the problem before their father died.

Yet, still nothing was done, and when he died in 2007, Alexander Henry - a retired Public Works employee - was given another plot elsewhere in Western Cemetery.

In June 2008, some of the Henry siblings met with Public Works Commissioner Darryl Smalls, who had become head of the department in 2007. Henry-Heywood said he told them he needed to investigate the matter, contact the family of Roszelle Daniel-Todman and then he would get back to them.

The Henry family continued to call every month, but received no response, according to Henry-Heywood.

"I met with the family and we have to contact the other family to come to a resolution," Smalls told The Daily News.

Smalls said the department is considering moving Roszelle Daniel-Todman - the woman buried on top of Violet Henry - to another plot, but must first locate the other woman's family to obtain permission.

Smalls said the department has been unable to locate any family members.

After checking the newspaper's archives for published obituaries and then calling numbers in the telephone book, The Daily News was able to locate Daniel-Todman's widower and his two sister - all of whom still live on St. Thomas.

Austin Todman was sick and in the hospital when his wife, Roszelle, passed away in November 1996, and all burial arrangements were left to his inlaws.

His wife was a native of Antigua, and her family came to St. Thomas only long enough to lay her to rest in Western Cemetery.

When a Daily News reporter contacted Austin Todman, explained the situation and told him that his wife may have to be moved, he accepted the news graciously.

"I do not mind," said Austin Todman. "They do what ever they have to do."

Austin Todman said he has never been contacted by Public Works.

Plots in the public cemeteries sell for $20, which is paid to Public Works. There is an additional $11 construction permit that also is paid to the department. The cost of construction for a vault or crypt is paid by the family directly to a contractor.

When someone is buried in a public cemetery in the Virgin Islands, the plot is guaranteed for only 20 years. After that, the family can renew the permit at a cost of $1 per year for as long as they wish. For example, $100 will buy 100 years.

If the permit is not renewed, the plot can be resold and another vault may be placed on top of the original. In Western Cemetery - which is full - concrete vaults can be stacked to a maximum of three high.

When a plot is set to expire, Public Works tries to contact the permit holder to inform them, Public Works Coordinator of Cemeteries Tanyacleone Creque Hodge said.

In the Henry family's case, their mother had been in her plot for only seven years before it was mistakenly sold to another family. The Henry family was never contacted.

"Every time we go to visit our mother, we're visiting Ms. Roszelle Daniel-Todman," Henry-Heywood said. "We just want justice."

Public Works will have to work with the Department of Justice to handle any legal issues that may arise over the matter and the Department of Health, which must be involved any time human remains are moved, Smalls said.

Smalls could not be reached for additional comments after The Daily News spoke to Austin Todman.