By: Randy Dotinga Court Hearing Scheduled For March 19
As a judge stalls on a request from The Orlando Sentinel, Florida
legislators and Gov. Jeb Bush are rushing to protect the autopsy photos of
racing legend Dale Earnhardt from prying eyes. Under Florida's unusually robust
freedom-of-information laws, autopsy photos are public documents that can be
viewed by anyone.
The Sentinel, which is investigating the controversy over Earnhardt's
death at the Daytona 500 on Feb. 18, wants a medical expert to review the
autopsy photos. "Our goal is not sensational journalism; it is obtaining
credible information in a way that respects the privacy of the Earnhardt
family," wrote Sentinel editor Tim Franklin in a March 4 letter to
readers.
But county judge Joseph Will refused to provide the photos to the newspaper, and
Earnhardt's widow, Teresa, is campaigning against their release. The judge
postponed a March 8 court hearing to March 19.
Meanwhile, Florida state legislators introduced a bill to ban public access to
autopsy photos. The bill is expected to pass easily, although one legislator
said it will allow judges to make exceptions for newspapers. "We did this to
stop Tom, Dick, or Harry or Ghouls-R-Us website profiting off the misery of the
survivors," state Sen. Bill Posey, a Republican, told E&P Online. "There's not a
doubt in my mind that [the Sentinel] is going to be able to see these
photographs. The reason they want to view them is legitimate, and they ought to
be able to do so."
But Barbara Peterson, head of Florida's First Amendment Foundation, told E&P
Online that the pending legislation doesn't include provisions allowing
newspaper access. "This has nothing to do with Dale Earnhardt," she said. "I
firmly believe that these photographs, as sensitive as they are ... are
essential to public oversight."
Randy Dotinga is a free-lancer based in San Diego.
Related story:
ORLANDO SENTINEL SEEKS EARNHARDT AUTOPSY PHOTOS (03/02/01)
Copyright 2001, Editor & Publisher.
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