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Tuesday, March 13
Deal reached through mediation
Associated Press
DAYTONA BEACH, Fla. -- Lawyers for Dale Earnhardt's widow and the Orlando Sentinel agreed Friday to allow an independent expert to see the autopsy photos of the racing great before they're permanently sealed.
|  | | Teresa Earnhardt leaves the room in which she spent most of Thursday in mediation with attorneys of The Orlando Sentinel. |
Within a week, court-appointed mediator John Upchurch will choose the medical expert who will view the photos, said Sentinel editor Tim Franklin. Representatives of the newspaper will be allowed to ask the expert three specific questions concerning Earnhardt's head injuries and cause of death. The photos will then be sealed.
Teresa Earnhardt and Sentinel executives were not present at the talks Friday, but had attended Thursday's negotiations.
"Mrs. Earnhardt is very pleased with this," said Earnhardt family spokesman Pete Himler.
The agreement came after 18 hours of talks over two days.
"The settlement enables the newspaper to pursue its independent investigation of NASCAR driver safety issues, but at the same time prevents the photos from being released publicly or published," Sentinel publisher Kathleen M. Waltz said.
Earnhardt was killed Feb. 18 in a last-lap crash at the Daytona 500. The Volusia County medical examiner's autopsy report said the 49-year-old driver died of a massive blow to the head.
Mrs. Earnhardt had sued to stop the release of the autopsy photos, which under Florida law are public records. The judge agreed to temporarily block their release.
Mrs. Earnhardt's attorneys have argued that releasing the photos will violate her privacy.
Sentinel executives had said repeatedly they had no intention of publishing the photos but only wanted a medical expert to review them for an investigation into NASCAR safety.
"We never said we wanted copies of these," said Sentinel attorney David Bralow. "We wanted to decide what was the cause of Mr. Earnhardt's death. We have made these concessions in respect to the Earnhardts."
But Mrs. Earnhardt's attorneys argued that other news organizations would be able to have access to the photos if the Sentinel was granted permission, "opening a Pandora's box ... and there will be no protection for the sanctity of the Earnhardt family's rights."
The president of a Web site who joined a lawsuit seeking access to the photos was not invited to Friday's negotiations and is not part of the settlement. Michael Uribe, who runs websitecity.com, has promised to fight for unfettered access to the photos, even in the event of a settlement.
Barbara Petersen, executive director of the First Amendment Foundation in Tallahassee, said the decision sets a bad precedent for other times when members of the public may seek certain government documents.
"What happens is that this will become the standard next time somebody wants to deny you or me access, they'll point to this case," Petersen said.
In Tallahassee, lawmakers are considering cutting off the public's access to autopsy photos unless a judge can be convinced there's good cause to look at them.
A bill that would close access to the photos is expected to come up for debate in the House on Wednesday. A similar Senate bill has a committee hearing Wednesday.  Send this story to a friend | Most sent stories
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