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Still sealed Court throws out request for Earnhardt photos
DAYTONA BEACH, Fla. (AP) -- The 5th District Court of Appeals has stymied a Web site operator's quest for access to Dale Earnhardt's autopsy photos. Michael Uribe, owner of a DeLand-based Web site, was seeking to overturn a lower court's decision barring the release of photos taken of the racing legend after he was killed at the Daytona 500 in February. But the appeals court threw out Uribe's request on Monday, stating that Uribe didn't respond to a court order requiring him to explain why his case shouldn't be dismissed. His response was due April 9. A message left at Uribe's office was not returned Tuesday. He has not said what he would do with the photos if he gained access, but he has posted autopsy photos of other NASCAR drivers killed at Daytona. Uribe has said he filed the appeal because Circuit Judge Joseph Will violated the Florida public records law when he imposed a temporary injunction barring the release of the autopsy photos on Feb. 22, four days after Earnhardt's death. Uribe also questioned the legality of an agreement between the Orlando Sentinel and Earnhardt's family that let an independent medical expert review the photos before they were permanently sealed. On March 29, Uribe posted on his Web site autopsy photos of Neil Bonnett and Rodney Orr. Later that day, the Legislature passed a bill barring public access to all autopsy photos unless a judge approves the release. Such photos had been open records as part of Florida's Sunshine Law, the most liberal public-records rule in the country. Even with the appeal's court decision, Uribe will continue his quest to gain access to the photos. On April 5, Will agreed to let the University of Florida's student-run newspaper, the Independent Florida Alligator, and Uribe pursue Earnhardt's autopsy photos and challenge the new law. No hearing date has been set. The Earnhardt family's attorney, Thom Rumberger, was out of his Tallahassee office on Tuesday and could not be reached for comment.
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