-Caveat Lector-
Newspaper's Request for Earnhardt's Autopsy Photos Angers Fans
Wednesday, March 7, 2001
By Mike Schneider
ORLANDO, Fla. - The Orlando Sentinel's request for the autopsy
photos of Dale Earnhardt has brought a torrent of angry calls and
e-mail from race fans and prompted an effort by lawmakers to
prevent the release of such pictures in future cases.
Over the past two days, Sentinel Editor Tim Franklin has taken
about 3,000 of the almost 7,000 e-mails and calls.
"Some of the e-mails have been quite ugly, but I understand it's
an emotional issue," Franklin said. "While we feel sorry for the
Earnhardt family and what they're going through, there's a big
issue here about NASCAR safety and we're simply trying to provide
more information about how Dale Earnhardt died."
Franklin has said repeatedly that the newspaper has no intention
of publishing the photos but wants to view them so that a head
trauma expert can make an independent determination of the cause
of death. The Sentinel ran a series last month that showed three
NASCAR drivers who died last year suffered fractures at the base
of the skull.
"He's the fourth driver in nine months to die," Franklin said.
"This isn't a fight that we seek or asked for, but we believe
that there are big issues at stake here as far as NASCAR safety.
There's also a big principle at stake, access to state records."
Fans also have sent more than 12,000 e-mails to Gov. Jeb Bush and
state lawmakers, asking them to intervene. Three Republican
lawmakers are drafting legislation that would prohibit the
release of any autopsy photographs. Such photos would be treated
as private medical records.
Several news organizations support the Sentinel's efforts to view
the photos, the Sentinel said in a statement released Tuesday.
The groups include the Society of Professional Journalists, The
Associated Press Sports Editors, The Miami Herald, The Tampa
Tribune, the Chicago Tribune, the Los Angeles Times and WFLA-TV
in Tampa.
"What's getting lost in this debate is whether government has a
right to withhold records that are clearly public," said Ray
Marcano, president of the Society of Professional Journalists.
"And the answer is simple: Government does not and should not
even try."
Earnhardt was killed in a crash Feb. 18 at the Daytona 500. The
race car driver's widow, Teresa, sued Volusia County four days
later to stop release of the medical examiner's photos. The next
day, an Orlando Sentinel reporter made a public-records request
for the pictures.
Judge Joseph Will issued a temporary injunction against the
photos' release, saying they have no "bona fide newsworthiness"
and could cause the family "additional anguish and grief." A
hearing is set for Thursday.
NASCAR fan Cheryl Mundy of Mocksville, N.C., wrote a letter to
Bush warning him that "there a lot more NASCAR fans in the
Southeast than there are Republicans." Mundy also said that she
and several hundred other people plan to start a boycott of
Sentinel advertisers.
"When Dale Earnhardt fans spread their wings in Florida, they
ain't seen nothing yet," said Mrs. Mundy, 51, who runs a
contracting business.
Lynn Cummings, an Orlando lawyer, has canceled her subscription
to the Sentinel, in part because of the newspaper's decision to
seek the photos over the objections of Earnhardt's widow.
"It's sensationalizing Dale Earnhardt's death," she said.
Barbara Petersen, executive director of the First Amendment
Foundation in Tallahassee, said the restrictions contemplated by
lawmakers would be a big mistake. She said the public records law
provides for oversight over medical examiners who may feel
political pressure to render a particular cause of death.
"A total ban is clearly unconstitutional," Petersen said
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~~~~~~~~
The Best Way To Destroy Enemies Is To Change Them To Friends
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