Earnhardt Photos Remain Sealed

D A Y T O N A   B E A C H, Fla., June 13, 2001 -- 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.

Lawyers for the Earnhardt family had also asked the judge tomake permanent the temporary injunction banning access to thephotos.

Will declined to rule on the issue.

"This is not a place for a circuit judge to go," he said.

Debate Over Authority

A permanent injunction was opposed by lawyers for the newspaperand Web site, in addition to the Orlando Sentinel and VolusiaCounty.

"Only the Legislature has the authority to grant anexemption," Volusia County attorney Dan Eckert said. "Any balanceof privacy concerns have to be done by the Legislature. It's notappropriate for administrative officials to do so."

Mrs. Earnhardt filed the lawsuit seeking to block the release ofthe photos four days after her husband's death on Feb. 18. NASCARofficials said a broken seat belt may have contributed toEarnhardt's death, comments that have been disputed by paramedicsat the scene and the seat belt's manufacturer.

The Orlando Sentinel, which had been investigating NASCARsafety, then challenged the injunction, saying it wanted to reviewthe photos for its investigation.

Mrs. Earnhardt and the Sentinel reached a settlement thatallowed an independent medical expert to view the photos, issue areport and the photos would be permanently sealed. The medicalexpert determined Earnhardt didn't die from striking his head on asteering wheel because of a malfunctioning seat belt.

David Bralow, an attorney for the Sentinel, declined comment.

The Alligator and Websitecity.com asked to intervene in thecase, arguing they couldn't be forced to be a part of thesettlement. The Volusia County medical examiner's office also saidit couldn't enforce the settlement.