Keeping Earnhardt's Autopsy Photos Private

March 9 -- Racing fans loved to see Dale Earnhardt, the "Intimidator," racing his big black Chevy from the back of the pack to roar into the victory lane — a roar that was silenced forever last month when Earnhardt crashed in the final lap of the Daytona 500.

His death sparked an outpouring of grief, inspiring his fellow racers and fans to pay homage to him in memorials around the country.

And now some are concerned the fascination with the NASCAR legend may go too far.

At the center of the debate is the Orlando Sentinel, which made a request to the Volusia County Medical Examiner's office to inspect the autopsy photos. As part of its reporting on NASCAR, the Sentinel wants a head trauma expert to inspect the photos — which is permitted under the state's public records law.

But Earnhardt's family fears someone may use the autopsy photos for a more ghoulish purpose. The family and fans have enlisted the aid of lawmakers in Florida, who have drafted the Earnhardt Family Protection Act.

Sentinel Won't Publish Photos

The Sentinel has said publicly it will not publish the photos or make copies. In fact the paper says only the relevant medical expert would see them.

"Our focus is on getting the information so we can continue to report the story," said Jane Healy, managing editor of the Sentinel.

Healy maintains the Sentinel's efforts are part of its coverage of NASCAR and that the paper has been working on reporting NASCAR safety issues since the deaths of other drivers in the last year. The paper says it wants to determine exactly how he died and if better equipment could have saved Earnhardt.

Make It A Felony

The proposed legislation would make it a third-degree felony to release autopsy photos and would include punishments up to five years in prison and a $5,000 fine. The bill quickly came under criticism from public record advocates who feel it could have long-term effects on the state's public record laws.

Florida State Sen. Bill Posey, a cosponsor of the bill, said legislators are concerned that under current state law autopsy photos and videos are part of the public record and could be put to unethical use.