By: Randy Dotinga Pictures Normally Considered Public Documents
The Orlando (Fla.) Sentinel is trying to reach an agreement with
the widow of race car driver Dale Earnhardt that will allow the newspaper -
and the public - to view the NASCAR champion's autopsy photos. The
Sentinel wants to hire a medical expert to inspect the photos, said
newspaper attorney David Bralow.
The newspaper has no plans to publish the pictures and only became interested in
them when a controversy arose over the cause of Earnhardt's death, Bralow said.
NASCAR has suggested that a broken seat belt may have contributed to Earnhardt's
death on Feb. 18 during the Daytona 500 race.
Attorneys for Earnhardt's family convinced a judge to temporarily ban access to
the autopsy photos, which would normally be considered public documents under
Florida's liberal public records laws. Lawyers for Earnhardt's widow, Teresa,
later offered to allow public access as long as no one copied the photos, Bralow
said. "I don't think the public records act requires this agreement at all, but
we thought we were avoiding contributing to any pain that Ms. Earnhardt was
feeling," he said.
Attorney Laurence H. Bartlett, who represents Teresa Earnhardt, told the
Sentinel that his client supports the agreement. However, he added that
"she doesn't think anybody has any business looking at the autopsy of her
husband. She's having a hard time understanding the scope of the public records
law." Teresa Earnhardt had not signed off on the Sentinel's deal as of
late last week, and a final decision may have to wait until a court hearing
Wednesday, Bralow said.
Randy Dotinga is a free-lancer based in San Diego.
Copyright 2001, Editor & Publisher.
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