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Middle ground Foundation proposes autopsy photo compromise
TALLAHASSEE, Florida (AP) -- The fight over race driver Dale Earnhardt's autopsy photos has led to a proposed compromise that would maintain the public's right to see such photos but ban their copying. The First Amendment Foundation, a Tallahassee-based organization that advocates open government, suggested the compromise after Earnhardt's widow and race fans attacked The Orlando Sentinel for seeking access to the photos, which are normally public record under Florida law. Barbara Peterson, executive director of the First Amendment Foundation, said she will ask legislators to consider allowing the public unlimited access to view the photos, but ban copying them -- unless a judge determines it to be of great public concern. The compromise will be proposed this week in the Senate Criminal Justice Committee, which will hold hearings Tuesday on a bill submitted in the state Legislature this week. The bill would exempt autopsy pictures from the state's public records law. It would make the release of autopsy photos a felony punishable by up to five years in jail and a $5,000 fine. Photos could still be released if a judge ordered it.
The bill has the support of Earnhardt's widow, Teresa Earnhardt, Gov. Jeb Bush, State Senate Majority Leader Jim King, and House Speaker Tom Feeney. Meanwhile, a Daytona International Speedway doctor said experts should be allowed to examine Earnhardt's autopsy photos to answer questions about how he died. Dr. Steve Bohannon's statement bolsters the position of the Sentinel, which has been blasted by Earnhardt's widow and race fans for seeking access to the photos. The newspaper wants a head injury expert to examine the pictures and has said it has no intentions of publishing them. Bohannon, the track's director of emergency medical services, said the three theories about how Earnhardt died in a crash during last month's Daytona 500 are equally plausible. Letting experts view the photos could help determine which is right, he said. "I would certainly support that," Bohannon said. Earnhardt -- stock-car racing's most popular driver -- died of head injuries Feb. 18 when he crashed into a wall on the race's final turn at 180 mph, but there is a debate on how those injuries were caused. Some say Earnhardt died when his head snapped forward, causing a fracture at the base of his skull. Three other NASCAR drivers died that way in the last year and some say such deaths could be cut dramatically if drivers were required to wear a head and neck brace. But five days after Earnhardt's death, NASCAR officials announced that his seat belt broke at impact. That could have allowed his chin or the top of his helmet to hit the steering wheel, causing his head injuries. Under Florida law, autopsy photos are public records, but a judge has sealed Earnhardt's. A hearing is set for March 19 on the temporary injunction issued in favor of Mrs. Earnhardt. A bill is pending before the Legislature that would ban the public disclosure of autopsy photos. A competing proposal, supported by some First Amendment groups, is expected to be introduced this week that would allow the public to examine autopsy photos but make it illegal to copy or publish them.
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