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Changes in the works Bill to limit autopsy photo access close to passage
TALLAHASSEE, Fla. (AP) -- A Senate bill that would limit the public's access to autopsy reports moved closer to reality Tuesday, the day after a medical expert reviewed the post-mortem photos of racing legend Dale Earnhardt. Racing fans are upset over a newspaper's effort to see Earnhardt's autopsy report despite his widow's wishes. The photos are normally public record, but she got a judge to seal them the day after her husband was killed in the Daytona 500. The measure before the Florida Senate would prevent members of the public and media from viewing anyone's autopsy photos unless they can convince a judge there is good cause to see them. The bill (CS-SB 1356) was briefly discussed Tuesday morning, and could be brought up for a floor vote as early as Thursday. A similar measure overwhelmingly passed the House last week. The sponsor of the bill, Sen. Jim King, said it would be inaccurate to claim that the bill is a reaction to Earnhardt's death in his last-lap crash in the Daytona 500 on Feb. 18. "In reality, it was only an awakening call for us," said King, R-Jacksonville. "Most of us thought such photos were part of a medical record and, subsequently, a private matter." King, whose district includes Daytona International Speedway, said many Internet sites feature ghoulish photos, including those taken during autopsies. The bill, he said, was an attempt to keep such sites from profiting off death. "If it was your wife or loved one or, God forbid, if it was you, would you want those pictures available to everybody?" King asked. During the brief debate, King was asked by Sens. Betty Holzendorf and Ronald Silver about how the bill would limit families' access to autopsy photos. King said the measure allows families to see those photos, and establishes a hierarchy within a family to establish who has the final say. If the bill becomes law it would be retroactive, although the Orlando Sentinel's effort to view Earnhardt's autopsy photos is being handled in mediation. The newspaper has said it doesn't want to publish the photos, but wants an expert to look at them as it reports on safety on the NASCAR racing circuit. On Monday, a Duke University crash expert spent two hours inside the Volusia County medical examiner's office studying photos and other reports related to Earnhardt's autopsy. Dr. Barry Myers said that within weeks, he would issue a report on the cause of death and type of head injuries Earnhardt suffered. Other southern legislatures are considering similar bills. The president of a Web site and an independent student newspaper at the University of Florida, the Independent Florida Alligator, are pursuing their own court cases for access to the Florida photos. A hearing for the Alligator and Websitecity.com is set for April 5. Michael Uribe, president of Websitecity.com, also has appealed the temporary sealing of the images to the Fifth District Court of Appeals in Daytona Beach. Meanwhile, the Office of the Medical Examiner of Volusia County has asked a judge to release it from the agreement between the Sentinel and Mrs. Earnhardt. The medical examiner's office says it can't legally enforce the agreement as custodian of the images because the photos are a public record by law.
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