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The waiting game Hearing on autopsy photos delayed a week
Updated: Thursday March 01, 2001 10:28 PM
DAYTONA BEACH, Fla. (AP) -- Dale Earnhardt's widow will have to wait another week before trying to stop a newspaper from obtaining copies of her husband's autopsy photos. A hearing set for Thursday among attorneys for Teresa Earnhardt, The Orlando Sentinel and Volusia County on releasing autopsy photos of the driver of the No. 3 car was postponed because of a scheduling conflict. Teresa Earnhardt sued Volusia County on Feb. 22 to stop the release of its medical examiner's autopsy photos taken after Earnhardt's fatal wreck at the Daytona 500 on Feb. 18. Circuit Judge Joseph G. Will issued a temporary injunction, saying the photos have no "bona fide newsworthiness" and could cause the family "additional anguish and grief." But on Feb. 23, a Sentinel reporter submitted a public records request asking for "any and all photographs" of Earnhardt.
Sentinel attorney David Bralow said the newspaper has no desire to cause Teresa Earnhardt more pain. Sentinel editors have said they have no intention of publishing the photos. However, "if these photos will help elucidate the nature of what exactly went wrong or what happened to Dale Earnhardt, then the public is served," Bralow said. Under Florida's public records law, autopsy reports and photographs are public record unless they are part of an active criminal investigation. NASCAR officials refused to comment on the paper's reasons for wanting the autopsy photos. "We're trying to find answers and share those answers with the garage area, those drivers and crew chiefs and team members who have to prepare cars on a weekly basis," NASCAR spokesman John Griffin said. Griffin added that NASCAR was not taking an active role in the attempt to prevent distribution of the photos, but did support the widow. "We're certainly sensitive to anyone in the NASCAR family who is hesitant about the photos appearing publicly," Griffin said. Earlier this week, attorneys discussed an agreement that would allow the public to see Earnhardt's autopsy file -- but not take copies. The agreement would have prevented the photos from reaching the Internet, Bartlett said. Anyone who wanted to make copies of the photos would have had to ask Will. However, negotiations fell apart on Wednesday, making a court hearing necessary.
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