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Mike Moser Does the Orlando paper
The Orlando Sentinel might be onto something,
but for all the good their exploration would do, their efforts
are being shadowed by a maelstrom of protest from some of the
most rabid sports fans concerning autopsy photos. The Florida newspaper has made a formal request
for autopsy photos of Dale Earnhardt, the NASCAR racing superstar
killed in a strange crash at the end of the Daytona 500 last
month. I have serious doubts that what newspaper
executives are asking for will provide them with the result they
seek. So, in light of that and in the absence of any other information,
I have to conclude that the Orlando newspaper's request is accomplishing
nothing more than setting back freedom of information issues
in the Sunshine State. The Associated Press this week quoted Sentinel
Editor Tim Franklin as expressing sympathy for the Earnhardt
family, but adding, "... there's a big issue here about
NASCAR safety, and we're simply trying to provide more information
about how Dale Earnhardt died." The newspaper proposes to show the photos
to a head-trauma expert for independent study to determine the
cause of death and see if there is a connection between the way
Earnhardt died and the deaths of three race car drivers last
year. While Franklin stressed the newspaper has
no intention of publishing the photos, racing fans view the petition
as an intrusion on an already grieving family. His statement
is of little consolation to racing fans who have sent almost
7,000 e-mail and call protests. Another 12,000 e-mails have been sent to Gov.
Jeb Bush and state lawmakers, asking them to intervene. The result
of that has been predictable. A press time, three Florida lawmakers
are drafting legislation that would require a court order to
view any autopsy photos. I am not sure how a head-trauma expert could
make a determination, simply from viewing photos. If non-invasive
viewing of photos can determine such things, then why have an
autopsy at all? It seems to me that it would take a combination
of the actual autopsy, X-rays and the car's equipment to reasonably
assess what had happened. That coupled with NASCAR's announcement that
Earnhardt's seat harness broke should be enough to draw a conclusion
beyond a reasonable doubt. No one champions the cause of open records
more than this writer, who has never been shy to stand up for
that cause. I am not sure this is a fight I would want to pick. Living in a time when skeptics would love
nothing more than to take away more access to public records,
one has to wonder about the Florida paper's decision. I am confident attorneys for the estate will
have all the resources available to determine whatever needs
to be learned from this tragedy. And to place blame if blame
is deserved. As it stands now, a judge has issued an injunction
against release of the photos, saying they have no "bona
fide newsworthiness." The newspaper has every right, indeed, responsibility
to ask the questions being asked. I am just not sure that the
newspaper needs those photos to ask its questions. Yes, public records are public records. I just wonder if this is a fight the newspaper really wants to wage. |