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Monday, March 19
Publicity hurts Mrs. Earnhardt's cause
By Jerry Bonkowski
ESPN.com

We have grieved for over a month over the tragic death of Dale Earnhardt at Daytona. Unfortunately, it has been a month not just of grief but also a resulting circus-like sideshow atmosphere about whether Earnhardt's autopsy photos should be made public or not.

Teresa Earnhardt, Dale's widow, has fought tooth and nail to keep post-death photos of her late husband from ever seeing the light of day in print or electronically. She has cited family privacy reasons, fearing that release of the photos would wind up in some fashion on some macabre type Web site.

So far, no media outlet has managed to get its hands on even one of Earnhardt's autopsy photos. The Secret Service must be guarding the photos, since none have slipped through the cracks.

Even the one media outlet that you'd expect to have already paid for and published smuggled photos, the National Enquirer -- which ironically enough has its headquarters only a few hundred miles from Daytona Beach -- has been kept at bay.

And then there's the Orlando Sentinel, which started all the controversy. Even though it vowed never to publish the photos, the Sentinel has sought their release to have an "independent expert" analyze them in an attempt to corroborate findings of the Volusia County medical examiner's office -- that Earnhardt did indeed die from a basal skull fracture, being killed almost instantly when his Chevrolet slammed into the Turn 4 wall at Daytona International Speedway at 180 mph.

The Sentinel and Mrs. Earnhardt finally reached agreement over the weekend that would allow the Sentinel's "expert" approximately 30 minutes to view the autopsy photos and to either confirm or take exception to the findings of the medical examiner.

The autopsy photos would then be permanently sealed ad infinitum, never to be seen by anyone for the rest of eternity, or so the agreement between the medical examiner's office, the Sentinel and Mrs. Earnhardt stipulates.

But what if the expert's findings are NOT in agreement with that of the medical examiner's office? Then what?

Furthermore, the Florida Legislature is giving serious consideration to stop the release of all autopsy photos in the state, not just those of famed Winston Cup drivers who are tragically killed. If the legislation passes, release of any autopsy photos in Florida without a judge's order would become a felony.

In an Associated Press story from last week, Barbara Petersen, executive director of the First Amendment Foundation in Tallahassee, Fla., said the proposed legislation in the Florida House would be a big mistake and clearly unconstitutional, adding that the existing Florida public records law -- which Mrs. Earnhardt has, in essence, violated herself by seeking to contain release of the autopsy photos -- serves as a check on medical examiners that may feel political pressure to render a particular cause of death.

Now the University of Florida's unofficial student newspaper, the Independent Florida Alligator, has started things all over again, filing suit in an attempt to get its collective hands on Earnhardt's autopsy photos as well, citing reasons that include "reviewing" the medical examiner's findings, as well as, according to an Associated Press story, "possibly help find a safety device that could have saved Earnhardt's life."

Uh, excuse me, but isn't it a little too late for that? Are the students trying to be do-gooders or are they just trying to make a journalistic name for themselves, showing yet another version of "prurient interest" that Mrs. Earnhardt has fought so hard against?

What is their connection to the entire incident, if any, other than being a college newspaper that is acting like it's one of the big boys in the business, the academic world's answer to the New York Times, the Los Angeles Times, and yes, even the Orlando Sentinel.

In my mind, the Alligator is doing nothing more than grabbing for headlines itself, using its journalistic "privilege" when one really doesn't exist.

Does the Alligator regularly cover the Winston Cup circuit? No. Is the school based in the Daytona Beach area? No. Is there any connection with the Earnhardt family? No.

So, once again, we have the battle of an individual's or family's right to privacy against freedom of the press. Or do both the Alligator and the Sentinel before it have little faith in the competency and professionalism of the Volusia County medical examiner's office?

There have also been reports of a broken lap belt in Earnhardt's car. Was it broken as a result of the crash (the maker of the belt, Bill Simpson, says he's never seen anything like it in over four decades of manufacturing safety equipment)? Was it broken before the crash? Was it improperly installed?

Did Earnhardt himself, coasting towards the finish line and with the race won by Michael Waltrip, simply unbuckle the belt to feel some freedom in the seat moments before the crash?

I'll bet it's just a matter of time before someone utters, "God forbid, could the belt even have been sabotaged?"

I can understand Mrs. Earnhardt's reasons for going to court to prevent release of the autopsy photos. As a husband and father, I wouldn't want photos of my wife or children released if they died a horribly tragic and disfiguring death.

But, at the same time, if I was a public figure such as the late Intimidator was, something like death and its resulting repercussions -- such as autopsy photos -- just goes along with the territory.

What has compounded the problem is that by being as adamant as she has been to keep the photos from seeing the light of day, Mrs. Earnhardt has done exactly what she didn't want to -- make it an issue of privacy vs. freedom of speech and freedom of the press and the public's supposed "right to know." What should have been a minor court issue has blown up into a major cause celebre'.

And the Florida Legislature, in a move that can only be construed as fawning over the memory of the late Earnhardt, is reacting in knee-jerk fashion. It's only going to be a matter of time before the law is challenged -- and successfully overturned.

So, are we any further along in the process than when Mrs. Earnhardt originally filed action to prevent release of the photos four days after her husband's death?

Have we really reached a conclusion on who truly has the right to know about or see the autopsy photos, and at what price?

Obviously, with the continuing debate -- and the latest suit by the University of Florida student newspaper -- the answer is a resounding no. If anything, the controversy is going to continue to grow -- and get worse before it gets better.

What's next? Is it only a matter of time before someone claims to have seen a shadowy figure on the grassy knoll outside Daytona International Speedway at the time of Earnhardt's crash?

Will all the public posturing and debate the last four weeks become appetizing fodder that a conspiracy or cover-up of some sort has taken place and all the legal wranglings are nothing more than a smokescreen to hide a cover-up?

Where does it all end?

Perhaps Mrs. Earnhardt should just acquiesce to allow release of some -- but not necessarily all -- of the photos just to settle this case once and for all. It seems the more the battle to keep the photos from the public continues, the bigger an issue it becomes to where it has been mega-magnified and blown completely out of proportion.

And if, as Mrs. Earnhardt says she fears, the autopsy photos do wind up on some macabre Web site on the Internet, all one has to do is consider the source of the site and the Webmaster that would post the pix. By trying to prevent release of the photos, Mrs. Earnhardt is doing exactly what she doesn't want to do -- giving third-tier Web site owners the basis -- and the podium of attention -- to want to acquire the photos in the worst way.

Perhaps Mrs. Earnhardt and her family should turn their attention to a subject I find much more distasteful than photos of The Intimidator laying lifeless on a morgue gurney, that of the hucksters and hustlers that are peddling all types of merchandise -- both legitimately licensed and cheap knock-off imitations -- with Earnhardt's name or face on them.

I recently saw an advertisement for an Earnhardt wall clock that sent me over the edge. What does that have to do with trying to remember the greatest driver in NASCAR history? What does that have to do with paying homage and respect to his memory? All it has to do with is the manufacturer raking in more cash at the expense of Earnhardt's memory.

That's what should be the REAL issue for Mrs. Earnhardt, going after those who are trying to get rich off her late husband's name -- unless, of course, she's getting a cut of the profits.

Yes, there's no disputing that Dale Earnhardt was loved by millions of racing fans. But, quite honestly, his name has been sullied and dragged through the mud so much these last four weeks that if he was still with us, he'd probably just throw up his hands and say, "What's all the dang fuss about? They're just pictures, after all, aren't they ? and I'm still dead, aren't I?"

Veteran national motorsports writer Jerry Bonkowski is a regular contributor to ESPN.com and RPM.ESPN.com, specializing in NASCAR Winston Cup, CART Champ Car racing and NHRA drag racing.

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	Student newspaper seeks access to Earnhardt photos Earnhardt's widow says legal battle 'horrifying' Earnhardt tragedy turns into debate over privacy Sentinel, Earnhardt lawyers reach agreement on photos Tough questioning expected in autopsy photo debate Track doctor supports review of Earnhardt photos Group offers compromise over Earnhardt photos Earnhardt case pits fans vs. media Newspaper editors give support to Sentinel