Autopsy Pics Pit Fans vs. Media

An attempt by The Orlando Sentinel to get a look at Dale Earnhardt's autopsy photos has NASCAR fans and politicians lining up against the news media and calling the request ghoulish and insensitive.

The Sentinel has said it has no intention of publishing the photos. Instead, it wants a head trauma expert to examine the pictures and independently determine the cause of the race car driver's death.

Earnhardt was killed in a crash Feb. 18 at the Daytona 500. His wife, Teresa, sued Volusia County four days later to block release of the medical examiner's photos. The next day, a Sentinel reporter made a public-records request for them.

A judge issued a temporary injunction in favor of Mrs. Earnhardt and a hearing is set for March 19.

The newspaper has been swamped with angry e-mail and calls, many of them from stock car racing fans.

Because of the uproar, Florida lawmakers have introduced a bill that would exempt autopsy pictures from the state's public records law. It would make the release of autopsy photos a felony punishable by up to five years in jail and a $5,000 fine. Photos could still be released if a judge ordered it.

"I'm not trying to circumvent the open records law. If there is a reason for someone to have it and see it, they should," said state Senate Majority Leader Jim King, one of the sponsors of the bill.

"But I can also understand how good, common comportment, the feelings of ethics and the feelings of sensitivity would tell you that the Dale Earnhardt pictures don't need to be in the public domain."

Gov. Jeb Bush has endorsed the measure, noting that his office has received more than 14,000 e-mails and hundreds of calls protesting the photos' release. "This is timely legislation," the governor said.

U.S. House Majority Leader Dick Armey of Texas also opposes the Sentinel's efforts. In a letter to the newspaper Friday, he said: "Please count my voice among those who believe your efforts are outside the bounds of common decency."

The law would apply to the Earnhardt autopsy photos if it is passed before the dispute is decided.

"How could anybody be so bloodthirsty and ghoulish as to want to get the autopsy pictures ... even though the family has asked you not to do so?" a NASCAR fan under the username MARYAA3IT asked on the Sentinel's Web site. "It is sheer sensationalism and the wish to increase circulation on your part that you would do that."

Added another fan, ANGSUNSHINE: "I think that this is an utter disgrace! I cannot believe how far the media will go in order to get a story."

Fans said they are especially appalled that the newspaper woulgo against the wishes of Earnhardt's widow.

Several news organizations support the Sentinel's efforts to view the photos, the Sentinel said. Those organizations include the Society of Professional Journalists, The Associated Press Sports Editors, The Miami Herald, The Tampa Tribune, the Chicago Tribune and the Los Angeles Times.

News organizations argue that there is an important principle freedom of information at stake.

"We probably need to do a better job of educating the public about the importance of freedom of information," said James L. Gray, executive director of the Indianapolis-based Society of Professional Journalists. "In this case, the gap is even greater because of the passion that NASCAR fans have exhibited in this particular instance. We understand they're outraged, but there's an important principle at stake here."

Sentinel managing editor Jane E. Healy said the newspaper's main concern is finding out what caused Earnhardt's death. The Sentinel reported in a series last month that three NASCAR drivers who died last year suffered fractures at the base of the skull.

"We want to see if future deaths can be prevented," Healy said.

Barbara Petersen, executive director of the First Amendment Foundation in Tallahassee, said the restrictions contemplated by lawmakers would be a big mistake and clearly unconstitutional.

She said the public records law serves as a check on medical examiners who may feel political pressure to render a particular cause of death.

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