Dale Earnhardt autopsy photos to stay private

A circuit judge says the harm that may come to the driver's wife, Teresa Earnhardt, is sufficient reason.

By KEVIN KELLY

© St. Petersburg Times,
published June 14, 2001

DAYTONA BEACH -- Siding with the widow of race-car driver Dale Earnhardt, a circuit judge ruled Wednesday that autopsy photos of the NASCAR legend should remain private.

"The harm which could come to Mrs. Earnhardt alone is sufficient under the testimony in this particular case," Judge Joseph Will said. "The court considers the seriousness of the invasion to be of the highest degree.

"It's unspeakable and doesn't really require further factual definition to satisfy this court," he said. "An invasion of this kind does not cut deeper."

Surrounded by her lawyers, Teresa Earnhardt, 42, sat expressionless as the judge read his decision after a 75-minute recess.

Mrs. Earnhardt, who filed a lawsuit four days after her husband died to stop the release of the photos, left the courtroom without speaking to reporters.

"She seem to be pleased," said Thom Rumberger, a lawyer for Mrs. Earnhardt. "I got a little squeeze on the hand. . . . She's going about her business now. Hopefully, at least for a while, this will kind of simmer down."

That isn't likely.

Attorneys for the Independent Florida Alligator, a student-run newspaper at the University of Florida, and a Deland-based Web site vowed immediately to seek a new trial and, if that is denied, to appeal to the Florida Supreme Court the constitutionality of a new law that protects the release of autopsy photos.

The Alligator and Michael Uribe, who operates websitecity.com, sought the photographs to explore the validity of investigations performed by the Volusia County medical examiner and Daytona Beach Police Department and to help prevent further deaths in NASCAR.

"This ruling denies the public access to important information that could protect, in this case, other drivers from the same type of injury that occurred here," Alligator attorney Tom Julin said.

Dale Earnhardt, a seven-time Winston Cup champion, was the fourth NASCAR driver to die of a basal skull fracture since May 2000.

NASCAR, along with Dr. Steve Bohannon, director of emergency medical services at Daytona International Speedway, held a news conference five days after his accident to announce a broken left lap belt might have contributed to the driver's death on Feb. 18.

"We want to know what happened," Julin said. "We want to know what was the (cause) of death, what killed Dale Earnhardt and whether NASCAR was covering up that cause.

"These autopsy photographs could offer important information about that. We still need to see them and that's why we're going to continue."

Mrs. Earnhardt testified for an hour and 45 minutes Tuesday, saying no one should be allowed to view the photos, particularly on the Internet, because of their disturbing nature.

"The photos are humiliating, disgusting and negative," she said. "They could be nothing but harmful and painful to my family, my company, our fans . . . anybody."

Uribe recently published the autopsy photos of NASCAR drivers Rodney Orr and Neil Bonnett on his Web site. Relatives of the two drivers testified Tuesday as to the grief caused by Uribe's action.

"My personal beliefs on all this, no matter what, is that these records should be available to the public with unfettered access," he said. "That got me into this ballgame."

Will's judgment was the second favorable ruling for Mrs. Earnhardt during the three-day hearing.

He ruled Monday that the Family Protection Act passed by the Legislature in March was a valid and constitutional exercise. The law made it a felony to release autopsy photos without a judge's approval.

"I think our strongest argument is attacking the statute because it's got a lot of defects in it," Julin said. "It's overbroad."

Attorneys for Mrs. Earnhardt asked Will to issue a permanent injunction to keep the photos sealed.

"There is a Legislature," Volusia County attorney Dan Eckert stated, "and we are not it."

Will said it would be inappropriate for a circuit judge to rule on such a request, given the new law. Therefore, lawyers for Mrs. Earnhardt are prepared for several more rounds of challenges.

"I don't think it brings closure," Rumberger said. "I think it's part closure. It's the start of something else we'll just deal with as the days and weeks and months and years go on."

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