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Agreement reached on Earnhardt autopsy photos

Earnhardt
Earnhardt was killed in a crash on the last lap of the Daytona 500 in February  

ORLANDO, Fla. (CNN) -- Representatives of Dale Earnhardt Friday reached an agreement with the Orlando Sentinel to allow the newspaper access to autopsy photographs of the NASCAR legend, but only under strict court supervision.

The settlement came after two days of court-mandated talks, in which Earnhardt's widow, Teresa, took part. The paper itself will not look at the photographs, only an independent medical doctor chosen by the court.

The Sentinel has said it wants access to the photos to further an ongoing review of NASCAR safety issues, and maintains it has no plans to publish any of the photographs. Mrs. Earnhardt had fought the newspaper and even asked a Florida state senator to sponsor legislation making it a felony to release the autopsy photographs.

Thom Rumberger, an attorney representing Mrs. Earnhardt, said the agreement is evidence the court believes "families do have some rights."

"The court is siding with the right of privacy," Rumberger told CNN.

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"That doesn't suggest any retreating by Mrs. Earnhardt."

Kathleen M. Waltz, the president and publisher of the Sentinel, said her paper was happy with the decision.

"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," she said.

Under the agreement, a court-appointed mediator will select an independent medical doctor, an expert in automotive biomechanics, within seven days to privately examine the autopsy photographs and a videotape under strict court supervision. No copies of the photos or videotape will be made.

"It is important to Mrs. Earnhardt that no more time than necessary be spent reviewing the photographs. It is anticipated that no more than 30 minutes will be required," according to court documents filed with the Seventh Judicial Circuit Court for Volusia County.

Teresa Earnhardt
Teresa Earnhardt said she was happy with the agreement  

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

Following the review, the photographs and videotape will be "totally and permanently sealed in the most secure manner possible," the court documents say. In addition, the medical examiner will be "permanently enjoined from ever allowing anyone to view or copy" the material.

The examiner will file his report with the court-appointed mediator, who in turn will send the report to the court, Earnhardt's estate and the paper.

"That's it and then there's no more intrusion," Rumberger said.

Rumberger stressed it was important to the Earnhardt estate that the medical examiner be chosen by the court, not the Sentinel.

Earnhardt was killed last month when his black, No. 3 Monte Carlo slammed into an outside wall in the final lap of the Daytona 500.

The paper said four NASCAR drivers have died in racetrack crashes in the past nine months as a result of violent head whip, a potentially preventable injury, and access to the photographs could "bring to light facts that can help further the public discourse on matters of such great public importance."



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