Keep Death Reports Public

Cathy Rucker and her two children suffered an indelible loss when their husband and father, Steven, died in San Diego County’s firestorm last October. His death, however, should not be the impetus for state lawmakers to adopt an ill-advised measure that limits the public’s right to know.

Steven Rucker, 38, was one of 11 Novato firefighters who helped battle the Cedar fire near the town of Julian. For his family, grief was compounded by inconsistencies in the coroner’s report about whether Rucker’s actions contributed to his death and in newspaper accounts of that report. Graphic details in the autopsy about the condition of his body traumatized the family as well.

Cathy Rucker persuaded Assemblyman Joe Nation (D-San Rafael) to introduce a bill that would severely restrict the public and reporters from seeing coroners’ autopsy reports. Rucker’s tearful testimony before the Assembly Judiciary Committee propelled the bill through that panel earlier this week. Yet AB 2521 would do nothing to prevent errors in future autopsy reports, while doing great harm to the public’s right to an open government with accountable officials.

Current law allows for public release of autopsy reports under most circumstances, although California already bars release of autopsy photos, an issue that arose in Florida after the death of NASCAR driver Dale Earnhardt in 2001.

Nation’s bill would exempt written autopsy reports from issuance requirements of the California Public Records Act and require county officials to get consent from the families of the deceased before releasing them. A pending amendment to the bill would allow access by law enforcement agencies, (incredibly, Nation’s first version restricted that as well), but when relatives couldn’t be found or if they wouldn’t consent, no reports. Under Nation’s bill, the public probably would not have learned that during the 1990s the Los Angeles County coroner was secretly harvesting and selling corneas from cadavers. Questionable police shootings might not be resolved publicly.

Nation’s staff insists the public could still see a summary of the medical examiner’s autopsy, toxicology findings and the coroner’s report on the death scene. However, coroners across the state report their findings differently. In Los Angeles County, for example, there is no summary report. The investigator who studies the death scene describes the apparent circumstances. The examiner, probing the body, either confirms the investigator’s findings as to the cause of death or rebuts them. Under Nation’s bill, the public wouldn’t learn the examiner’s findings. Empathy for the family of a heroic firefighter shouldn’t push lawmakers to pass a bill that even the state coroners association opposes.