Earnhardt Photos Remain Sealed

D A Y T O N A   B E A C H, Fla., June 13 -- A judge ruled today that Dale Earnhardt's autopsy photos cannot be made public under a new state law that restricts access to autopsy images.

"In this particular case, the release constitutes a seriousinvasion of the highest degree. There is no question it's harmful,it's unspeakable," said Circuit Judge Joseph Will.

Will's decision in Volusia County ended for the moment afour-month legal battle by Earnhardt's widow, Teresa, to keep theautopsy photos out of the public realm.

Teresa Earnhardt feared the photos would be posted on theInternet and would humiliate and distress her family.

The Independent Florida Alligator, a student-run newspaper atthe University of Florida, and a DeLand-based Web site were seekingaccess to the autopsy photos of the racing legend, who died in alast-lap crash at the Daytona 500.

Their attorneys had argued that a public review of the graphicphotos could prevent future racing fatalities and determine if themedical examiner did an adequate job of determining what killedEarnhardt.

"We want a safer future where a great good has been served,"said Tom Julin, an attorney for The Alligator. "We want moreinformation because we want to stop these deaths from happening."

Mother Protecting Her Family

But Earnhardt's widow testified during the three-dayhearing that she has tried to stop the public release of the photosto spare her family "painful emotional distress."

"The photographs are humiliating, disgusting and negative,"Teresa Earnhardt said. "That could be nothing but harmful andpainful to anyone involved with my family, my company, our fans,anyone."

Under a law passed after Earnhardt's death, a judge must beconvinced of the necessity of unsealing autopsy photos.

On Monday, Will upheld the constitutionality of the law, whichforbids copying or inspecting autopsy photos and records. Breakingthe law would be a third-degree felony with a maximum sentence offive years in prison and a $5,000 fine.