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Agreement reached Independent medical expert will look at photos
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.
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.
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