Orlando Sentinel Reaches Agreement With Earnhardt Representatives Over Autopsy Photos

    ORLANDO, Fla., March 16 The Orlando Sentinel announced
today an agreement with Dale Earnhardt's representatives in which an
independent medical expert will be allowed to review the autopsy photos of the
deceased racer, after which the court will restrict any future public access
to the photos.
    Orlando Sentinel President and Publisher Kathleen M. Waltz said the
agreement was forged following two days of court-ordered mediation between
representatives of the newspaper and Teresa Earnhardt.
    "The Sentinel is pleased to have amicably reached an accord with Mrs.
Earnhardt that allows the newspaper to continue to do its job and at the same
time addresses Mrs. Earnhardt's concerns," Waltz said.  "The settlement
enables the newspaper to pursue its independent investigation of NASCAR driver
safety issues, but at the same time prevents the photos from being released
publicly or published."
    Under the agreement, court-appointed mediator John Upchurch will select an
independent medical doctor, expert in the field of automotive biomechanics,
within seven days to privately examine Mr. Earnhardt's autopsy photos and
videotape under strict court supervision.  The medical doctor will
independently determine Mr. Earnhardt's cause of death.  No copies of the
photos or videotape will be made.
    Following the review of the photos, the medical doctor will prepare a
written report of the findings for the Orlando Sentinel, the Earnhardt estate
and other news organizations that joined the Sentinel's request to gain access
to the autopsy photos.  The report will then form the basis for subsequent
news accounts.
    Additionally, once the doctor's review is complete, Mr. Earnhardt's
autopsy photos will be sealed in the most secure manner possible and will be
shielded from any further public inspection or review.  Anyone who wants to
gain access to the photos will have to petition an appeals court to do so.
    The Sentinel has never intended to publish or copy Mr. Earnhardt's autopsy
photos.  Rather, the newspaper wanted an independent medical expert to view
the photos to determine if Mr. Earnhardt was the fourth NASCAR driver in less
than a year to die of basal skull fracture in race crashes.
    Waltz said the agreement with the Earnhardt estate balances the
newspaper's need to inspect public autopsy records while at the same time
prevents Mr. Earnhardt's autopsy photos from being copied or published on the
Internet.