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American Morning

Hearing Over Dale Earnhardt Autopsy Photos Continues

Aired June 12, 2001 - 13:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: And a legal firestorm in Florida where a family's right to privacy clashes with the public's right to know.

LOU WATERS, CNN ANCHOR: And that's where we begin: in a courtroom in Dayton Beach. For Dale Earnhardt's survivors, it's an welcome turn in an already tragic story.

And we get the latest from Jill Robers of CNN affiliate WFTV -- Jill.

JILL ROBERS, WFTV REPORTER: We're in the middle of a lunch break. But Doctor Steve Bohannon just stepped off the stand. He is the doctor who testified -- or actually spoke during a NASCAR news conference, saying that a torn seat belt may have played a role in Dale Earnhardt's death.

Very soon, we're expecting to hear from Teresa Earnhardt, who is expected to testify that her family has suffered enough.

(BEGIN VIDEOTAPE)

ROBERS: Teresa, do you have anything to say to all those people who have supported you throughout this?

(voice-over): Teresa Earnhardt walked into the Volusia County Courthouse saying thank you to her supporters. She and her lawyers have won round one of the fight to keep her husband's autopsy pictures sealed.

A judge ruled that a new state law keeping all autopsy photos sealed is constitutional. Now that judge must decide if a Web site operator or a student-run newspaper can prove they have just cause to see the autopsy pictures of Dale Earnhardt.

UNIDENTIFIED MALE: In order to evaluate the government performance in conducting medical examiner -- medical examinations, I think that's a good reason.

UNIDENTIFIED MALE: We're not claiming today that there was some grand conspiracy. What -- we are saying that there is the potential and that the photographs would assist in demonstrating that there was some obstruction of the police investigation. ROBERS: But Teresa Earnhardt's attorneys argue there's no good reason anyone should see the pictures, that opening them up would just be a tool to destroy a family's privacy.

UNIDENTIFIED MALE: We have witnesses today who will testify of the disturbance, the ugliness, the gruesomeness, the sickness, the evilness of having viewed their relatives on the Internet as published by Mr. Uribe over here.

(END VIDEOTAPE)

ROBERS: Now, court is set to resume at 1:45. And we were just told that Teresa Earnhardt will be the first person to take the stand. We're expecting to hear from her about the emotional trauma her family will suffer if those autopsy photos are opened.

Live in Daytona Beach, Jill Robers -- back to you.

WATERS: All right. Thank you, Jill -- now, Kyra.

PHILLIPS: As we've learned during the post-election mess: that Florida has some of the toughest sunshine laws in the nation. So why all the controversy over documents produced by a public agency?

CNN legal analyst Roger Cossack joins now from Washington to sort of walk us through some of the technicalities -- hi, Roger.

ROGER COSSACK, CNN LEGAL ANALYST: Hi, how are you?

This is a -- this is a classic conflict between parts of the Constitution: that right of privacy that we all enjoy vs. the ability to distrust the government. And when -- and the free access to public records -- and when these two clash you end up in fact situations just like this.

Teresa Earnhardt, what she is saying is: Look, this is the most private of documents that anyone could ask for. There is no good reason that anyone should see this. These are -- these are emotional difficulty -- difficult. And the thought that they are going to end up on the Internet, where people who have really no reason to look at the horrible remains of what happened to my husband. That would just hurt him and hurt his family and hurt all of us. There is just no reason for that.

On the other hand comes this Internet organization that said: We have every right to distrust and to find out whether or not the government did a good job at its autopsy, whether or not they're hiding something. And the allegation is, is that Teresa Earnhardt really isn't trying to make -- trying to hide her privacy, but perhaps is trying to protect NASCAR, because there is a dispute over the type of restraint that Dale Earnhardt did not wear.

That is the argument. It's the conflict between, "What should the public have the right to know?" and "What is private?"

PHILLIPS: And what about this new law? I was reading about the new law that forbidding the release of postmortem photos unless allowed by a judge. Now, this -- lawmakers passed this in the wake of Earnhardt's death. Where is this going to play a part? Is it a -- is it playing a part?

COSSACK: Well, this is the law that they're arguing. Within that law is a clause that says that these documents can be released if there is a showing of good cause or just cause. So the argument now taking place within the courtroom is: Can those who want the documents released show that there is a just cause or a good-cause reason?

And their reason is: We have a right to see what goes on. We have a right to see when government officials act -- which is an autopsy -- we have a right to see what happens and whether or not NASCAR is really trying to protect -- is being protected, rather than privacy rights.

On the other side, as I indicated to you, Teresa Earnhardt comes in and says, you know: This is the most horrible thing that could befall me.

And you can understand why. I mean, the idea that this most -- this most private of acts would be displayed on the -- on the Internet is very, very difficult to understand.

PHILLIPS: All right, Roger Cossack, thanks so much.

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