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Still not settled Re-creation of Earnhardt accident remains on hold
By Mike Fish, CNNSI.com ATLANTA -- Ah yes, to videotape or not to videotape? That's the latest mind-bender to surface in the investigation into the crash that claimed the life of racing icon Dale Earnhardt. It seems NASCAR has approached the three rescue workers who worked to extricate Earnhardt from his wrecked car about re-creating the scene -- possibly either in North Carolina or Daytona Beach. The only hang up is Tommy Propst, the paramedic who challenged the assertion that Earnhardt's seat belt was broken in the accident, refuses to participate unless the "demonstration" is video taped. His lawyer, Elizabeth Faiella, told CNNSI.com her client remains willing to assist investigators, but only under the condition that his part be recorded. Faiella plans to convey that again to NASCAR president Mike Helton before she leaves Wednesday on a 10-day trip outside the country. Even if NASCAR agrees, Faeilla said she's advised Propst not to participate until she returns. "I simply want it to be recorded to make certain that what is said and done is really what is said and done," said Faiella, a Winter Park, Fl., attorney. "[NASCAR] can say, 'Once we showed him this, he said this.' And he would say, 'I didn't say that.' And then we go through a big deal. That is why you have records and why you have depositions. And that is why you have tape recorders and videotape and things like that. "Please, this is America." NASCAR investigators didn't get around to interview Propst, an Orange County, Fl., firefighter, until last week -- nearly three months after Earnhardt crashed on the final lap of the Daytona 500. Then, Propst was shown two photos of a belt that had been "torn, worn, or frayed apart -- as opposed to cut with an instrument." said Faeilla, noting that NASCAR, Propst and herself made separate audio recordings of the meeting.
According to Faeilla, NASCAR is prepared to do DNA testing, if need be, to prove the blood on the belt is that of Earnhardt. That isn't the issue, she told investigators. "The issue is when did it get in this condition," Faeilla said. When she demanded that the proposed demonstration be videotaped, Faiella said NASCAR initially agreed until its Washington-based attorney, Stuart Levey, called her Thursday to say that wouldn't be permitted. She responded with a letter saying it was a non-negotiable condition, and Helton followed up with a fax last weekend asking her to reconsider. Helton said if Propst was worried about liability that NASCAR would sign a release. The offer both perplexed and amused Faeilla: "Tommy doesn't have any liability here, excuse me." "But the reason they didn't want to videotape it is, if it became public, it might cause additional grief to the Earnhardt family," Faeilla added. "That's what [NASCAR] said ... It doesn't make sense to us that that particular demonstration shouldn't be preserved just in case. And the idea that it would cause additional grief doesn't make any sense to me. Just seeing the film [of the Daytona accident on TV], which is on over and over again..." NASCAR didn't respond to attempts seeking a comment. Officials have said they expect their investigation to be completed in August. In his fax to Faeilla, however, Helton asked for Propst's further assistance in the probe by "attending an exercise, in which he and others who first attended to Mr. Earnhardt could show and describe to us what they recall of the accident with the benefit of a vehicle configured and equipped the same way as Mr. Earnhardt's." Propst was part of an emergency technician unit, along with Patti Dobler and his longtime partner, Jason Brown, that rushed down from above turn 4 to aid Earnhardt. Dobler crawled into the mangled car through an opposite window, while Propst reached in through the driver's side window to undo the safety belts. Though there was talk of using the No. 3 car that was involved in the crash, the plan now is for Earnhardt's car owner, Richard Childress, to provide a replica for use in the demonstration. Still, Propst expressed doubt about NASCAR's ability to adequately re-create the crash scene. "I don't know how they can bring a regular car out there and expect us to sit there and say the same thing, when we were working with a car that was wrecked and everything was bent," he said. "But that is their thing." The bottom line, Faeilla said, is she and Propst have grown to distrust NASCAR. Faeilla suspects the demonstration is an effort to get Propst to "reflect upon or reconsider" previous statements about the belt. Before he was even interviewed, Faeilla contends NASCAR tried to discredit her client's version of events by saying "He wasn't there, he wasn't close enough to see." Even now, the two sides are perched on diametrically opposite corners. Propst says he's certain he didn't pull on a completely severed belt when freeing Earnhardt, while NASCAR possesses a belt that's now in two pieces. And the parties remain torn over the use of videotape.
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