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Student newspaper seeks Earnhardt autopsy photos

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DAYTONA BEACH, Florida (CNN) -- A student-run newspaper has filed a court motion to see the autopsy photos of racecar driver Dale Earnhardt, who died last month when his car slammed into the outside wall on the last lap of the Daytona 500.

The Gainesville-based Independent Florida Alligator, which is run by University of Florida students but isn't an official university publication, filed the motion to intervene in a Daytona Beach court last Friday and, on Monday, was granted a hearing set for April 5.

An agreement between Earnhardt's widow and the Orlando Sentinel is not in the public's best interest, said Alligator editor Jason Brown.

Florida law does not restrict access to autopsy reports or photos, though efforts are under way at the statehouse to require a judge's approval before autopsy photos are made public.

A lawyer for the student newspaper says providing access to the autopsy photos allows others to review the medical examiners' findings, or possibly help find a safety device that could have saved Earnhardt's life.

Lawyer Tom Julin said he would not follow the Sentinel's lead in promising not to publish the pictures. "Without seeing the photos, it's impossible to know if there's anything to publish," he said.

Teresa Earnhardt reached an agreement Friday with the Sentinel, which had sought to review the autopsy photos of the driver but pledged not to publish them. Under the deal, a court-appointed mediator will select an independent medical doctor, who is an expert in automotive biomechanics, to privately examine the autopsy photographs and a videotape under strict court supervision.

The doctor will only deal with three questions: cause of death, whether Earnhardt's skull fracture resulted from head whip or from striking the steering wheel, and whether the driver suffered a blow to the top of his head.

Ms. Earnhardt also urged the Florida legislature to enact a law now under consideration that would prevent access to autopsy photos, and said she hoped the public would voice support for the bill.

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