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 bobbysoxer
 
posted on March 29, 2001 12:20:26 PM new

http://www.news-journalonline.com/2001/Mar/29/area99.htm



 
 mark090
 
posted on March 30, 2001 06:29:38 AM new
Why do these sick, twisted, low-brained mouth-breathing trailer trash want to see the autopsy photos???? What is it...Jerry Springer went off the air?
[ edited by mark090 on Mar 30, 2001 06:30 AM ]
 
 snowyegret
 
posted on March 30, 2001 06:34:23 AM new
IMHO, autopsy records and photos are medical records and should be confidential.

 
 grannyfox
 
posted on March 30, 2001 08:28:52 AM new
Actually this has been a very interesting case. I do think that overall autopsy photos should be considered medical information, but I also think that there should be investigations into "accidents" that are unusual.

As you can see by this link http://www.thatsracin.com/01/0401/0328investigation.htm a legal investigation was obstructed.

The Orlando Sentinel has been conducting an investigative report in to NASCAR safety issues. They wanted their own expert to view the photos to determine the cause of death. If you have followed the Earnhardt case, you know that there were several variations reported, with the official cause finally being determined as head trauma.

During court ordered mediation ( http://www.thatsracin.com/01/0304/0302autopsy.htm ) the Orlando Sentinel and the Earnhardt family came to an agreement that an independent expert appointed by the mediator would view the photos, then issue a report to the Sentinel and to Theresa Earnhardt. Though Mike Helton's comments threatened this agreement, both parties were content once the expert was appointed. http://www.thatsracin.com/01/0325/0324autopsy1.htm The review has been done and the report will be issued soon.

In addition, a web site wanted access to the photos, and they did not agree not to publish them. They were involved in the first day of negotiations, but not invited back as their goals were so different from the parties involved in the mediation. They have continued with their agenda in a court of law.

There is also a student newspaper that is in court action regarding these photos.

A retroactive law is at best questionably legal. It will be an interesting legal decision on the part of several courts. It is too bad it is retroactive...Flordia should have changed it long ago. It is one of the most liberal related to autopsy info in our nation and does not protect privacy well. If a person/organization truly has a need to view autopsy photos...they can get that permission from the court. So for investigative purposes, it is still viewable. I think that it should be against the law to publish such photos in any media though. I cannot think that is neccessary.

As far as "trailer trash" viewing the photos...oh nevermind...I will let that comment speak for itself.



[ edited by grannyfox on Mar 30, 2001 08:36 AM ]
 
 gravid
 
posted on March 30, 2001 12:07:08 PM new
"He died and the jury wandered why? The verdict was the blue tailed fly."

In a lot of the South there is a jury like a grand jury that considers ALL deaths and decides if there are unuaual circumstances that need investigated.

 
 dubyasdaman
 
posted on March 31, 2001 06:25:45 PM new
Cause of death? Let's see, maybe hitting a concrete wall at 180 MPH? The sad fact is that NASCAR will NEVER be a completely safe sport (part of the appeal for some fans). Drivers will have accidents. Drivers will die. Unfortunate, but true. Releasing the autopsy photos would NOT change this in the least. Let the family mourn in peace for God's sake.


[ edited by dubyasdaman on Mar 31, 2001 06:28 PM ]
 
 Baduizm
 
posted on March 31, 2001 09:33:23 PM new
Thank You Grannyfox, for such a clear, intelligent and unbiased response. The law signed by Jeb is yet another barrier in accessing that state's sunshine laws, which had been the most open records provisions of any other nationwide.

The Orlando Sentinel DID not want to publish the autopsy photos. The Sentinel wanted access to the public records so an independent pathologist could review them, all, as Grannyfox pointed out, in research about NASCAR safety.

Tim Franklin, for the briefest of times, was my boss here in Indy. He has no nefarious intentions. When he was here, the paper sued IU for the records regarding Bobby Knight's firing, since it was all done behind closed doors.

The point being, newspapers answer to the public and we have an obligation to make sure those records guaranteed as such don't suddenly become "closed" at a whim, which is, of course, what happened in Southern Florida.

IMO, the public loses here.

 
 
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