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Ruling awaits Closing arguments begin in Earnhardt hearing
DAYTONA BEACH, Fla. (AP) -- Lawyers seeking access to Dale Earnhardt's autopsy photos said Wednesday allowing public review of the sensitive photos could prevent future racing fatalities. "We want a safer future where a great good has been served," said Tom Julin, representing the University of Florida's student publication, the Independent Florida Alligator. "We want more information because we want to stop these deaths from happening." Julin spoke during closing arguments in a hearing over Earnhardt's photos. The Alligator and a DeLand-based Web site are seeking access to the autopsy photos of the racing legend, who died in a last-lap crash at the Daytona 500. Under a new law, a judge must be convinced of the necessity of unsealing the photos. Closing arguments were expected to be followed by Circuit Judge Joseph Will's ruling. On Monday, lawyers offered conflicting predictions on how Will would rule in the case. "Maybe I'm nuts, but I didn't hear anything going to the heart of the matter," Earnhardt family attorney Thom Rumberger said. "I feel confident that we'll win this case," Julin said. "I'm not sure we'll win the case in this courtroom. "We'll continue to pursue this case irrespective of what happens in this court," said Julin, who refused to specify when the appeals process would begin. On Monday, Will upheld the constitutionality of the law, which forbids copying or inspecting autopsy photos and records. Breaking the law would be a third-degree felony with a maximum sentence of five years in prison and a $5,000 fine. The Alligator has argued the images should be made public to show whether investigators did an adequate job of determining what killed Earnhardt. Websitecity.com owner Michael Uribe said he wants to view the photos to prove the Volusia County medical examiner's office did a poor job on Earnhardt's autopsy. Uribe already has posted autopsy photos of drivers Rodney Orr and Neil Bonnett on his Web site. Relatives of the dead drivers testified Tuesday that they were devastated by the posting of the photos on the Web site. "I can't sleep at night," said Orr's father, Beacher. "I lay down and I see him on the table there naked. That's what I see." Will ruled Wednesday that the he would accept the testimony as examples of the potential pain that could befall the Earnhardt family. On Tuesday, Dale Earnhardt's widow testified she has tried to stop the public release of her husband's autopsy photos to spare her family "painful emotional distress." "The photographs are humiliating, disgusting and negative," Teresa Earnhardt said. "That could be nothing but harmful and painful to anyone involved with my family, my company, our fans, anyone."
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