Earnhardt Widow Testifies at Photo Hearing

D A Y T O N A   B E A C H, Fla., June 12, 2001 -- Dale Earnhardt's widow testified today she has tried to stop the public release of herhusband's autopsy photos to spare her family "painful emotionaldistress."

"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."

A hearing into whether the photos can be made public wasexpected to continue Wednesday. A college newspaper, TheIndependent Florida Alligator, and a Deland-based Web site areseeking access to the autopsy photos.

Appearing slightly irritated under questioning from opposinglawyers, Earnhardt said she filed a lawsuit blocking the release ofthe photos to spare her family from "humiliation and harm."

NASCAR Conspiracy?

Lawyers for The Alligator have suggested that NASCAR influencedEarnhardt's decision since the images could raise questions aboutsafety at NASCAR races.

Earnhardt denied that NASCAR played a role in her decision.Under questioning, she also said she didn't think the photos wouldshow anything that could prevent driver deaths.

She added that her decision had nothing to do with her interestin protecting her company, Dale Earnhardt Inc., and Earnhardt'simage as a revenue source.

"I don't think it has anything to do with sales. I think it hasto do with personal feelings and privacy," Earnhardt said. "Itwould affect our state of minds because we would be personallyharmed."

For the Public Good

An attorney for The Alligator argued the images should bemade public to show whether investigators did an adequate job ofdetermining what killed him.

"We don't know if the photographs are consistent with theautopsy report or inconsistent with the autopsy report," saidattorney Tom Julin. "It's an important check on the medicalexaminer's office and an important check on the policedepartment."

The Alligator and Websitecity.com were rebuffed in their firstattempt to gain access to the photos.

Volusia Circuit Judge Joseph Will on Monday upheld theconstitutionality of a new law forbidding the release ofpostmortem photos unless allowed by a judge. Florida lawmakerspassed the legislation following Earnhardt's death in a last-lapcrash in the Daytona 500 on Feb. 18.

Will had ordered the photos sealed four days after Earnhardt'sdeath. Teresa Earnhardt sought the order, saying her family'sprivacy would be violated.

Monday's ruling left the Alligator and Websitecity.com to arguethat the law violates the state's public-records statutes.

Websitecity.com owner Michael Uribe said he wants to view thephotos to prove the Volusia County medical examiner's office did apoor job of Earnhardt's autopsy. Uribe already has posted autopsyphotos of drivers Rodney Orr and Neil Bonnett on his Web site.

Disturbed By Images

Relatives of the dead drivers testified today they weredevastated by the posting of the photos on the Web site.

"I can't sleep at night," said Orr's father, Beacher. "I laydown and I see him on the table there naked. That's what I see."

Added Bonnett's daughter, Kristen, "Every time I see a photo ofmy father, I'm reminded of the photos of him in a neck brace withintubation tubes in him."

The new law forbids copying or inspecting autopsy photos andrecords. Breaking the law would be a third-degree felony with amaximum sentence of five years behind bars and a $5,000 fine.

The doctor who worked on Earnhardt after the crash testifiedtoday he didn't think the autopsy photos revealed anyinformation that couldn't be found in the autopsy report. Dr. SteveBohannon was the only person to view the autopsy photos before theywere sealed by Will.

"They depict images that are very personal," Bohannon said."To anyone other than a medical professional, they would begruesome and inappropriate for public dissemination."