Lawyer: NASCAR Influenced Widow

NASCAR might have convinced Dale Earnhardt’s widow to have the racing star’s autopsy photos sealed to protect itself against a wrongful death lawsuit, an attorney for a newspaper seeking access to the images suggested Tuesday.

Attorney Tom Julin, in a memorandum filed in Volusia County Circuit Court, also argued that legislation passed last week restricting public access to all autopsy photos is unconstitutional and can’t be applied retroactively to the Earnhardt case.

Julin is representing the Gainesville-based student newspaper, The Independent Florida Alligator, in its efforts to view the photos. A hearing on the motions is set for Thursday.

“These circumstances strongly suggest that NASCAR, motivated by its own fear of a lawsuit for wrongful death . . . urged Teresa Earnhardt to file this suit to seal the photographs at issue because of what they might reveal,” Julin said in the memorandum.

NASCAR spokesman John Griffin said he wasn’t aware if his company played a role in Teresa Earnhardt’s decision. Her attorney, Thom Rumberger, strongly denied NASCAR influenced her decision.

“It’s wrong. It’s false. It’s incorrect or any other adjective I can use,” Rumberger said. “They had no influence on filing it or trying to seal it.”