Lawyer: SeaWorld Death Video "Voyeurism"

Relatives of a SeaWorld trainer dragged into the water by a killer whale last month will suffer severe harm if video of her death is made public, their attorney told a judge Wednesday.

Dawn Brancheau, 40, died Feb. 24 when the whale named Tilikum grabbed her by ponytail and thrashed her around after a show. The whale has also been involved in two other deaths, one of a trainer at a Canadian park and another of a man who snuck past security and was found draped over the whale's body at SeaWorld.

Jon Mills, an attorney for Brancheau's family members, said in court that their right to privacy outweighs the public's right to view the video captured by SeaWorld cameras. At a hearing that lasted less than hour, he asked the judge to permanently stop the video from being released.

"There is no constitutional right to voyeurism and there is a constitutional right to privacy," Mills said.

Circuit Judge Lawrence Kirkwood did not immediately rule on the request for the permanent injunction. He had issued a temporary injunction last week to prevent the release of the video, which was turned over to law enforcement.

Unless Kirkwood intervenes, the material will become public under Florida law once the Orange County Sheriff's Office concludes its investigation.

Rachel Fugate, an attorney representing news organizations, said she didn't object to an extension of the injunction so all sides could reach a resolution.

She said there were precedents in recent Florida history that allowed news organizations to view images but not make copies for public dissemination. Members of the public, for example, were allowed to view photos of the mutilated bodies of five college students slain in Gainesville in 1990, but not copy them.

Grieving relatives have succeeded in keeping such images from being made public in other cases - Dale Earnhardt's widow successfully fought in Florida to prevent the release of autopsy photos of the race car driver, who died in a 2001 crash.

Earlier this month, officials released recordings of the 911 calls made after a Brancheau was pulled into the water by the whale.

Listen to the 911 calls

Investigators have said Brancheau died from multiple traumatic injuries and drowning. The 22-foot-long whale pulled Brancheau into the pool by her ponytail last week after a performance.

In police investigative reports released earlier, Brancheau's co-workers described the swiftness of the attack and the furious response that came after alarms sounded around the pool. Employees who were at other pools, behind computers or emptying coolers of fish rushed to the scene.

More coverage of the SeaWorld tragedy

Worker: "Whale Would Not Let Us Have Her"
SeaWorld Trainer Mourned in Chicago
Whale Attack Renews Captive Animal Debate
Tears Flow as Whale Shows Resume
SeaWorld Called Best Place for Tilikum
Whale, Trainer Play on Film Before Attack
SeaWorld Defends Serial Killer Whale
SeaWorld: The Show Must Go On
Ex-SeaWorld Official: Trainer Made Mistake
Dawn Brancheau's Last Moments Alive
SeaWorld Trainer Embraced Risks of Job

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Mills spoke to "Early Show" co-anchor Harry Smith about the video:


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[JohnBoston07]

ToolMangler1: Where do I state that criminal agencies were barred from seeing this video? Where do I infer that Tilikum stalked her? What I saw was aggressive, uncooperative whales 30 minutes prior to the attack which stopped the show for 10 minutes and subsequently cancelled the show because the whales were being disobedient. Yet, SeaWorld chose to go right into the next show where Dawn was killed 30 minutes later. SeaWorld chose not to relay this information to investigators. If you wish to see my full report you can see it here:
WMBF News Myrtle Beach: http://www.wmbfnews.com/Global/story.asp?S=12074270 or on the Today Show: http://www.nbc.com/news-sports/today-show/whale-attack-witness-saw-trainers-fear/

[Eodman]

I completely understand the pain this video must cause the family. I don't know exactly what the details are to this incident...Was she performing for the public when this happened? Is there a difference when it comes to videos of Servicemen and Women being killed in war? Do we need to ban the assasination of JFK, because it's disgusting to watch? I haven't seen this video and have no desire to do so. I'm just not sure where banning this type of thing will lead?? China has perfected the art of only showing its citizens what it WANTS them to see and hear. Where will the control end?

[bearsfaninoh]

Don't show video out of respect for the family--what will we gain from watching as a public? Are we looking to be entertained here? And for all this talk of us becoming like China with censorship is crazy. Keeping people from receiving and sending information in Iran in China is so much different. The pulse of America is not even close to these countries and this is an isolated case that is being kept from going public for the families sake.

[gunslug50]

Sea World Protocol is a 10 inches thick manuel book with a 0000.12 micro-inch fonts that a astro-physic will have a hard time understanding it cause it written by a chinese PHd law professer.

[JohnBoston07]

SeaWorld has not been truthful of the events leading to Dawn Brancheau's death from the very start. They continue to maintain that there was no indication of any problems with the whales prior to the incident which is false... I was there and witnessed their uncooperative behavior just prior to the attack. They also continue to blame Dawn for her ponytail which is inconclusive and goes against the witness statements that she was grabbed by her waist, arm and shoulder. Unfortunately, it does not sound like any of the video in dispute actually captures the initial attack, which would be the only compelling rationale to display it publicly. The reason for having the video released or reviewed, at least in a limited capacity, would be to verify what has been reported and to allow the public to hold SeaWorld and public investigators accountable. Too many people have already drawn their own conclusions (many of which continue to report that Dawn was grabbed by her ponytail) but have not been able to verify the conflicting witness accounts. By burying their heads in the sand and not allowing the truth to come forward, the opponents to public scrutiny of this or any other case only help to conceal facts which can, has and will only continue to lead to further tragedies at the hands of a profit-driven corporation. The events that occured after the fact, ie Dawn being thrashed around to her death, is essentially self-explanatory and not beneficial to the general public except to show the capabilities of these large mammals, however there is compelling educational value (aside from the cheap thrill seekers) to allowing the public to witness this, as painful as it may be for Dawn's family. Hiding from the truth is not always the best option. And remember, everyone has the right, and ability, not to watch.

[JohnBoston07]

ToolMangler... Where do I say that criminal investigators were barred from viewing the video? And yes, nobody is hiding anything...now. That is because people have come forward with information that SeaWorld did not provide to investigators. And where do I say that the animal deliberately stalked her? 30 minutes prior to the attack the show was suspended for 10 minutes and subsequently cancelled because the whales were acting aggressively and were uncooperative yet they went right into the next show, forcing the whales to perform when it was clear that they were not in the mood. All for profit. And I agree, as I state above, that there is no reason for this to end up on the internet if in fact it does not show the initial attack itself. But I do also feel that some people just can't handle the truth, or learn from it. And those, like you, do not "need" to watch it if it is released.

[rwsmith29456]

What does concern me is that Seaworld accused Brancheau of 'breaking protocol'. Can they explain exactly what she did that broke protocol?

[AOCGUY]

I concur with the family. The public has no right nor need to see these videos, and anyone who attempts to view them outside of investigating authorities in the conduct of the official duties is simply a ghoulish voyeur.