Student Newspaper Wants Earnhardt Autopsy Pics

ByABC News
March 16, 2001, 5:42 PM

D A Y T O N A  B E A C H, Fla., March 19 -- A student newspaper joined the dispute regarding Dale Earnhardt's autopsy photos, requesting that it be allowed to see them.

The Independent Florida Alligator, which is run by University ofFlorida students but is not an official university publication,filed a motion in a Daytona Beach court Friday.

Dale Earnhardt was killed in a crash at the Daytona 500 on Feb.18.

Student Paper: Stick to the Law

A settlement between Earnhardt's widow and the Orlando Sentineland a bill proposed in the state Legislature limiting access andbarring publication of the photos is not in the public's bestinterest, Alligator editor Jason Brown said.

"It is very unlikely that we print them, but we'd like todecide for ourselves rather than have the courts decide for us,"Brown sad. "We'd like the courts to stick by what the law is."

Florida law doesn't restrict access to autopsy reports orphotos.

A lawyer for the student newspaper says providing access to theautopsy photos allows others to review the medical examiner'sfindings, or possibly help find a safety device that could havesaved Earnhardt's life.

"It is not the prurient interest that is driving this," lawyerTom Julin said.

Widow, Newspaper Reach Settlement

Teresa Earnhardt's lawyers reached an agreement Friday with thelawyers for the Sentinel, which had sought to review the autopsyphotos of the NASCAR great but pledged not to publish them.

The Sentinel will get to view the photos and ask acourt-appointed expert three questions about Dale Earnhardt'sinjuries before they are sealed.

Mrs. Earnhardt had sued to block the release of the photos, anda judge granted the request. She says releasing the photos wouldviolate the family's privacy.

Also, a bill that would require a judge's approval for thepublic to see autopsy photos has won approval from a state Senatecommittee and is moving toward a vote in both chambers of theLegislature.