Print

Email story

Comment

Email editor

Lawmakers move to keep autopsy photos confidential

By TIMES STAFF WRITER
Published April 20, 2006

TALLAHASSEE - Amid the furor following NASCAR legend Dale Earnhardt's death in 2001, the Florida Legislature moved to shield photos of autopsies from the public.

Now, five years later, the public records exemption for autopsy pictures is up for review. Some lawmakers say questions surrounding the boot camp death of Martin Lee Anderson have renewed the need for public access to autopsy photos.

But most House members disagreed, and on Wednesday they approved a bill that prohibits the release of autopsy photos and audio and video recordings of them - except by a judge after a showing of good cause.

Rep. Jack Seiler, D-Wilton Manors, urged that the exemption be made more limited so the public could inspect the autopsy records but not obtain copies without judicial approval.

"Now we have time to correct this. We have time for every Martin Lee Anderson out there, to give access to those records," Seiler said.

With the 14-year-old boy's death still the subject of a criminal investigation, protests and a probable wrongful death suit, "This is not the time for us to close these records," said Rep. Terry Fields, D-Jacksonville.

The bill's sponsor, Rep. David Rivera, R-Miami, said the secrecy of autopsy photos had no bearing on the Anderson case. Rivera said the materials would not be confidential at the end of a criminal investigation. But the exemption gives a judge discretion to limit their release.

The bill (HB 7115) passed 93-25 and goes to the Senate.

[Last modified April 20, 2006, 01:48:15]