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Monday, June 11 Closing arguments expected Wednesday Associated Press DAYTONA BEACH, Fla. -- Dale Earnhardt's widow testified Tuesday that she has tried to stop the public release of her husband's autopsy photos to spare her family "painful emotional distress." "The photographs are humiliating, disgusting and negative," Teresa Earnhardt said. "That could be nothing but harmful and painful to anyone involved with my family, my company, our fans, anyone." A hearing into whether the photos can be made public was expected to continue Wednesday. A college newspaper, The Independent Florida Alligator, and a Deland-based Web site are seeking access to the autopsy photos. An attorney for the college newspaper believes it's obvious how the judge will rule. "I feel confident that we'll win this case," said Tom Julin. "I'm not sure we'll win the case in this courtroom." Under a new law, a judge must be convinced of the necessity of unsealing the photos. Closing arguments will come Wednesday, followed by Circuit Judge Joseph Will's ruling. "Maybe I'm nuts, but I didn't hear anything going to the heart of the matter," said Earnhardt family attorney Thom Rumberger. "We'll continue to pursue this case irrespective of what happens in this court," said Julin, who refused to specify when the appeals process would begin. Appearing slightly irritated under questioning from opposing lawyers, Earnhardt said Tuesday she filed a lawsuit blocking the release of the photos to spare her family from "humiliation and harm." "The photographs are humiliating, disgusting and negative," Teresa Earnhardt said. "That could be nothing but harmful and painful to anyone involved with my family, my company, our fans, anyone." Lawyers for The Alligator have suggested that NASCAR influenced Earnhardt's decision since the images could raise questions about safety at NASCAR races. Earnhardt denied that NASCAR played a role in her decision. Under questioning, she also said she didn't think the photos would show anything that could prevent driver deaths. She added that her decision had nothing to do with her interest in protecting her company, Dale Earnhardt Inc., and Earnhardt's image as a revenue source. "I don't think it has anything to do with sales. I think it has to do with personal feelings and privacy," Earnhardt said. "It would affect our state of minds because we would be personally harmed." An attorney for The Alligator argued that the images should be made public to show whether investigators did an adequate job of determining what killed him. "We don't know if the photographs are consistent with the autopsy report or inconsistent with the autopsy report," said Julin. "It's an important check on the medical examiner's office and an important check on the police department." The Alligator and Websitecity.com were rebuffed in their first attempt to gain access to the photos. Volusia Circuit Judge Joseph Will on Monday upheld the constitutionality of a new law forbidding the release of post-mortem photos unless allowed by a judge. Florida lawmakers passed the legislation following Earnhardt's death in a last-lap crash in the Daytona 500 on Feb. 18. Will had ordered the photos sealed four days after Earnhardt's death. Teresa Earnhardt sought the order, saying her family's privacy would be violated. Monday's ruling left the Alligator and Websitecity.com to argue that the law violates the state's public-records statutes. Websitecity.com owner Michael Uribe said he wants to view the photos to prove the Volusia County medical examiner's office did a poor job of Earnhardt's autopsy. Uribe already has posted autopsy photos of drivers Rodney Orr and Neil Bonnett on his Web site. Relatives of the dead drivers testified Tuesday that they were devastated by the posting of the photos on the Web site. "I can't sleep at night," said Orr's father, Beacher. "I lay down and I see him on the table there naked. That's what I see." Added Bonnett's daughter, Kristen, "Every time I see a photo of my father, I'm reminded of the photos of him in a neck brace with intubation tubes in him." The new law forbids copying or inspecting autopsy photos and records. Breaking the law would be a third-degree felony with a maximum sentence of five years behind bars and a $5,000 fine. The doctor who worked on Earnhardt after the crash testified Tuesday that he didn't think the autopsy photos revealed any information that couldn't be found in the autopsy report. Dr. Steve Bohannon was the only person to view the autopsy photos before they were sealed by Will. "They depict images that are very personal," Bohannon said. "To anyone other than a medical professional, they would be gruesome and inappropriate for public dissemination."  Send this story to a friend | Most sent stories
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