Wish this story woudl hit the wall and die...
http://sportsillustrated.cnn.com/motorsports/nascar_plus/news/2001/03/16/ear
nhardt_photo_ap/
Agreement reached
Independent medical expert will look at photos
Click here for more on this story
Posted: Friday March 16, 2001 6:18 PM
Updated: Friday March 16, 2001 7:28 PM
Dale Earnhardt's autopsy photos will be viewed by a single independent
medical expert. AP
DAYTONA BEACH, Fla. (AP) -- Lawyers for Dale Earnhardt's widow and the
Orlando Sentinel reached an agreement Friday that allows an independent
expert to view the autopsy photos of the racing legend before they're
permanently sealed.
Within a week, court-appointed mediator John Upchurch will choose the
medical expert who will view the photos, said Sentinel Editor Tim Franklin.
Representatives of the Sentinel will be allowed to ask the expert three
specific questions concerning Earnhardt's head injuries and cause of death.
The photos will then be sealed.
"Mrs. Earnhardt is very pleased with this," said Earnhardt family spokesman
Pete Himler.
The agreement came after 18 hours of negotiations over two days.
"The settlement enables the newspaper to pursue its independent
investigation of NASCAR driver safety issues, but at the same time prevents
the photos from being released publicly or published," Sentinel publisher
Kathleen M. Waltz said.
Earnhardt was killed Feb. 18 in a last-lap crash at the Daytona 500. The
Volusia County medical examiner's autopsy report said the 49-year-old
Earnhardt died of a massive blow to the head.
Teresa Earnhardt and Sentinel executives were not present at the talks
Friday, but had attended Thursday's negotiations. Mrs. Earnhardt was
available to her lawyers by telephone.
Death of The Intimidator
End of an era: "This is understandably one of the toughest announcements
we've ever had to make. ... We've lost Dale Earnhardt," NASCAR president
Mike Helton said.
Teresa speaks out: A subdued Teresa Earnhardt presented herself to the media
for the first time since her husband's death two weeks ago in order to read
a statement designed to put to rest the continuing controversy surrounding
Dale Earnhardt's death.
Help from high place: A bill sought by Dale Earnhardt's widow that would
exempt autopsy photographs and videos from Florida's public-records law was
filed Wednesday with the support of Gov. Jeb Bush.
A matter of record: A national editors group backed The Orlando Sentinel's
attempt to gain access to Dale Earnhardt's autopsy photos and criticized
state officials for trying to stop release of the pictures.
Middle ground: The First Amendment Foundation, a Tallahassee-based
organization that advocates open government, suggested a compromise after
Dale Earnhardt's widow and race fans attacked The Orlando Sentinel for
seeking access to the photos, which are normally public record under Florida
law.
Forced to meet: Dale Earnhardt's widow and Orlando Sentinel lawyers were
ordered to meet to try to resolve their dispute over autopsy photos of
Earnhardt, a seven-time Winston Cup champion.
Mrs. Earnhardt had sued to stop the release of the autopsy photos, which
under Florida law are public records. The judge agreed to temporarily block
their release.
Mrs. Earnhardt's attorneys have argued in court papers that releasing the
photos will violate her privacy.
Sentinel executives had said repeatedly they had no intention of publishing
the photos but only wanted a medical expert to review them for an
investigation into NASCAR safety.
"We never said we wanted copies of these," said Sentinel attorney David
Bralow. "We wanted to decide what was the cause of Mr. Earnhardt's death. We
have made these concessions in respect to the Earnhardts."
But Mrs. Earnhardt's attorneys argued in court papers that other news
organizations would be able to have access to the photos if the Sentinel was
granted permission, "opening a Pandora's box ... and there will be no
protection for the sanctity of the Earnhardt family's rights."
The president of a Web site who joined a lawsuit seeking access to the
photos was not invited to Friday's negotiations and is not part of the
settlement. Michael Uribe, who runs websitecity.com, has promised to fight
for unfettered access to the photos, even if the Sentinel and Mrs.
Earnhardt's attorneys reached a settlement.
Barbara Petersen, executive director of the First Amendment Foundation in
Tallahassee, said the decision sets a bad precedent for other times when
members of the public may seek certain government documents.
"What happens is that this will become the standard next time somebody wants
to deny you or me access, they'll point to this case," Petersen said.
In Tallahassee, lawmakers are considering cutting off the public's access to
autopsy photos unless a judge can be convinced there's good cause to look at
them.
A bill that would close access to the photos is expected to come up for
debate in the House on Wednesday. A similar Senate bill has a committee
hearing Wednesday.
In article <N3Cs6.22$[email hidden]>, [email hidden] says...
Well thank God that's settled - no need for those pictures to get around,
but it's good somebody otehr than NASCAR officials got to evaluate the
findings...
Quoted text (8 lines)
> prevents > the photos from being released publicly or published," Sentinel publisher > Kathleen M. Waltz said. > > Earnhardt was killed Feb. 18 in a last-lap crash at the Daytona 500. The > Volusia County medical examiner's autopsy report said the 49-year-old > Earnhardt died of a massive blow to the head. >
"> Well thank God that's settled - no need for those pictures to get around,
> but it's good somebody otehr than NASCAR officials got to evaluate the
> findings...
Why do people keep talking like nascar did the autopsy? It was done by a
county medical examiner who made the determination of cause of death. I feel
that if the family decides not to have photos viewed that should be the end.
I would like to know where people feel thier right to know exceeds the
family's wishes. Think I'll stop now before I go into full rant mode.
Don
AndrewS wrote:
>
> Wish this story woudl hit the wall and die...
Then why did you post it -- in its entirety, instead of just providing
the link -- and why did you post it here? I love hypocrites...
BB
"Bart Brown" <[email hidden]> wrote in message
news:[email hidden]...
> Then why did you post it -- in its entirety, instead of just providing
> the link -- and why did you post it here? I love hypocrites...
So it will die sooner? And why post a link? I'd rather post the whole damn
thing so people don't have to go clicking over the web.
I love being hypocritical.
AndrewS wrote:
>
> I love being hypocritical.
You've made THAT abundantly clear.
