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Greater understanding Judge may view autopsy photos before ruling
DAYTONA BEACH, Fla. (AP) -- The widow of racing legend Dale Earnhardt wants a Volusia County judge to look at her husband's autopsy photos so he will understand their "gruesome, personal and offensive nature." Teresa Earnhardt made the request earlier this week in preparation for a June 11 hearing to decide whether the student-run Independent Florida Alligator and DeLand-based Web site owner Michael Uribe can have access to the photos. Circuit Judge Joseph Will also is being asked to rule on the constitutionality of a new state law that permanently seals all autopsy photos from public view. Although Teresa Earnhardt has opposed anyone viewing the photos, her attorney said it's important for Will to see what he's ruling on. "These are obviously the most intrusive types of photographs you could imagine," Skip Eubanks said. "In order for the court to realize how personal or offensive it will be if these photos are released, he is going to have to apprise himself of the photographs." In previous court hearings, Will has declined to view the photos. Alligator attorney Tom Julin said he does not object to the judge looking at the photos, but objected to Teresa Earnhardt's description of the photos as "gruesome" and "offensive." "They're used for legitimate purposes to determine the cause of death," Julin said. Also this week, attorneys have submitted their witness lists for the June hearing. Eubanks said Teresa Earnhardt and Dale Earnhardt's son, Dale Jr. are on the list of witnesses he might call. Julin said his list includes county Medical Examiner Dr. Thomas Beaver, Alligator editor Jason Brown, NASCAR President Mike Helton, Daytona Beach Police Department spokesman Al Tolley, Daytona Beach Police Department photographer Thomas Young and the speedway's director of emergency medical services, Dr. Steve Bohannon. Julin also said he subpoenaed Bohannon for a deposition June 4. In February, the Orlando Sentinel sought access to Dale Earnhardt's autopsy photos after Will closed them to public view. The Earnhardt family and the Sentinel reached an agreement in March that gave an independent medical expert one final look at the photos before they were permanently sealed. The Alligator and Uribe contend they should not be bound by the agreement.
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