In October 1940, Elena's sister Florinda heard rumors of Tanzler sleeping with the disinterred body of her sister, and confronted Tanzler at his home, where Elena's body was eventually discovered (he was also caught dancing with her corpse in front of an open window). Florinda notified the authorities, and Tanzler was arrested and detained. Tanzler was psychiatrically examined, and found mentally competent to stand trial on the charge of "wantonly and maliciously destroying a grave and removing a body without authorization." After a preliminary hearing on October 9, 1940 at the Monroe County Courthouse in Key West, Tanzler was held to answer on the charge, but the case was eventually dropped and he was released, as the statute of limitations for the crime had expired.