Media wants access to photos and videos of SeaWorld Tragedy

[Justin Jett]

Attorneys for news organizations and the family of a SeaWorld Orlando trainer killed by a whale told a judge Wednesday that they are willing to try to reach an agreement on access to the videos and photographs depicting the death.

For now, they asked Circuit Judge Lawrence Kirkwood to extend a temporary restraining order that prevents the Orange County Sheriff's Office and Medical Examiner's Office from releasing the images.

Kirkwood has not ruled on their request.

At issue are photographs taken by Orange County deputy sheriffs and SeaWorld video turned over to the Sheriff's Office after the 6-ton orca Tilikum grabbed Dawn Brancheau by her ponytail and drowned her Feb. 24.

Under Florida law, all documents, including images, become public record once a law-enforcement investigation is concluded.

The family's attorney, Jon Mills, said he had seen the video and saw no reason to make it public.

"It is depiction of a human being dying," he said. "I believe that is probably illegal in some places. I don't think anybody wants to see that. ... We know Dawn Brancheau died in a tragic accident. It doesn't add anything to that."

The Orlando Sentinel and other media organizations seeking to inspect the images want to understand better what happened during and after the whale attack. They don't want to publish the images, said attorney Rachel Fugate, who appeared for the Sentinel and several media groups.

Barbara Petersen, president of the First Amendment Foundation in Tallahassee, said it's an issue of independent oversight, ensuring that SeaWorld and sheriff's investigators did what they were supposed to do.

Brancheau's family says that release of the material would cause them severe pain. SeaWorld is supporting the family's request to withhold it.

At times during the hearing, Brancheau's mother, Marion Loverde, broke down in tears as lawyers talked about death-scene photos taken of her daughter. She attended the hearing with son Charles Loverde and her daughter's husband, Scott Brancheau.

Fugate said she is confident an arrangement can be made that would address the family's concerns and the media's interest in access to information.

For example, Fugate said, the media could be allowed to review the pictures and videos but not copy them. A similar arrangement was made in 1994 after the trial of Gainesville serial killer Danny Rolling. Mills was involved in that case, too.

Afterward, Mills said the family was glad that the media are willing to discuss a solution that would protect their privacy interests.

The family left the courtroom without talking to reporters.

http://www.orlandosentinel.com/news...seaworld-death-video-20100324,0,1701679.story

 

[dpuck1998]

Reporters/Media make me ill. What purpose does showing those images serve? I wish they would have kept those images of the luge death to themselves. JMHO

 

[WaltD4Me]

Reporters/Media make me ill. What purpose does showing those images serve? I wish they would have kept those images of the luge death to themselves. JMHO

ITA, but Florida has something called the Sunshine Law which basically entitles the media to just about everything. It's really amazing. It's tough to even keep autopsy pictures from getting out. It's also the reason why there is SO much information out there about the Casey Anthony case. It's a unique law that makes practically anything and everything in a police investigation public record. It's sad because it forces the families to go to court to fight the release of the video and images. I know Dale Earnhardt's wife fought to keep his autospy photos from going public, the judge did seal them, but I don't know what he based his ruling on that got around the Sunshine law and if it could help Dawn Branchau's family.

 

[dpuck1998]

ITA, but Florida has something called the Sunshine Law which basically entitles the media to just about everything. It's really amazing. It's tough to even keep autopsy pictures from getting out. It's also the reason why there is SO much information out there about the Casey Anthony case. It's a unique law that makes practically anything and everything in a police investigation public record. It's sad because it forces the families to go to court to fight the release of the video and images. I know Dale Earnhardt's wife fought to keep his autospy photos from going public, the judge did seal them, but I don't know what he based his ruling on that got around the Sunshine law and if it could help Dawn Branchau's family.

I understand the law, but I still disagree with it 100 percent! I can't see any reason that the media needs access to stuff of this nature. Get your own photos, do your own work! I'm just fed up with the lazy media, they don't research stories and have original material anymore, they just spew rhetoric and AP headlines.

 

[WaltD4Me]

I understand the law, but I still disagree with it 100 percent! I can't see any reason that the media needs access to stuff of this nature. Get your own photos, do your own work! I'm just fed up with the lazy media, they don't research stories and have original material anymore, they just spew rhetoric and AP headlines.

Oh, I agree! I wasn't defending the law at all. I am hoping the judge shoots the media down on this BIG time.

 

[dpuck1998]

Oh, I agree! I wasn't defending the law at all. I am hoping the judge shoots the media down on this BIG time.

 

[bear_mom]

I posted about this on another board yesterday. I was watching the Today show when they were talking about it.

According to the lawyers from the media outlets, they need to have access to the tapes so they can ensure that the investigation is going properly and that Sea World is held accountable if necessary for the tragedy.

I think it is disgusting. If the media has access to it, then the general public will also. No one needs to see that tape that doesn't already have access to it - the authorities. I feel for the family and hope that the judge rules in their favor and keeps the tapes away from the public.

I avoided watching the tape of the luger from the winter olympics and if made public will avoid this also. Some things are better left unseen.

Emily

 

[jcb]

Don,

You won't find me defending the news media very often. I agree they can be lazy and lacking in original material. You and I certainly agree that these photos and videos have no place being publicized or broadcast - but my opinion is based on what is good (or bad) taste.

I do, however, believe the media in this instance should be able to see the video. This is apparently the only visual depiction of the tragic events so if anything, the media's temerity here is not laziness but necessity. I would hope that letting reporters view the video will help better understand what went wrong so it can be prevented from ever happening again. I realize that is probably a vain hope in today's media climate but I still believe in Santa Claus and pixie dust, too.

 

[WaltD4Me]

Don,

You won't find me defending the news media very often. I agree they can be lazy and lacking in original material. You and I certainly agree that these photos and videos have no place being publicized or broadcast - but my opinion is based on what is good (or bad) taste.

I do, however, believe the media in this instance should be able to see the video. This is apparently the only visual depiction of the tragic events so if anything, the media's temerity here is not laziness but necessity. I would hope that letting reporters view the video will help better understand what went wrong so it can be prevented from ever happening again. I realize that is probably a vain hope in today's media climate but I still believe in Santa Claus and pixie dust, too.

I'm sorry, I don't understand how letting reporters see the video will offer any type of prevention? They are wild life experts, they aren't authorities on killer whales, they have nothing to do with any procedures that may be implented at Sea World, how would they help this from ever happening again?

 

[jcb]

Lisa,

I can think of a lot of ways it might help prevent a re-occurrence. For one, if there was a flaw in the process (and I will stress I have no clue) that should be better known. Even if Sea World has learned from this experience, there are killer whales in captivity all over the globe.

And suppose the tapes show that this was a situation where a killer whale was simply being a killer whale. No person is at all at "fault." That itself would help the public better understand (to some small degree) that these creatures are not "pets" but unpredictable wild animals. I am very familiar with how the public thinks about wild animals and anything that might help folks better understand that wild animals are very unpredictable can only help.

My fundamental point isn't so much that the tapes will or are likely to show something. It could be that nothing can be gleaned from the tapes. I am just not willing to presume that nothing will be gained from letting the media see what happened.

And yes, reporters are not wildlife experts. But that can be said about almost any topic a reporter covers. A responsible journalist will consult with experts.

Then again, maybe I live in a fantasy land.

 

[esddk]

You both make good arguments for the media seeing the videos and pictures. I have to say, I don't care if the media see it as long as it isn't shown to the public. Anyone should be able to have enough empathy for the family to avoid that.

 

[dpuck1998]

I posted about this on another board yesterday. I was watching the Today show when they were talking about it.

According to the lawyers from the media outlets, they need to have access to the tapes so they can ensure that the investigation is going properly and that Sea World is held accountable if necessary for the tragedy.

I think it is disgusting. If the media has access to it, then the general public will also. No one needs to see that tape that doesn't already have access to it - the authorities. I feel for the family and hope that the judge rules in their favor and keeps the tapes away from the public.

I avoided watching the tape of the luger from the winter olympics and if made public will avoid this also. Some things are better left unseen.

Emily

Don,

You won't find me defending the news media very often. I agree they can be lazy and lacking in original material. You and I certainly agree that these photos and videos have no place being publicized or broadcast - but my opinion is based on what is good (or bad) taste.

I do, however, believe the media in this instance should be able to see the video. This is apparently the only visual depiction of the tragic events so if anything, the media's temerity here is not laziness but necessity. I would hope that letting reporters view the video will help better understand what went wrong so it can be prevented from ever happening again. I realize that is probably a vain hope in today's media climate but I still believe in Santa Claus and pixie dust, too.

I'm sorry, I don't understand how letting reporters see the video will offer any type of prevention? They are wild life experts, they aren't authorities on killer whales, they have nothing to do with any procedures that may be implented at Sea World, how would they help this from ever happening again?

My thoughts exactly, how does the media getting these tapes prevent this from happening in the future? They have no authority on what happened, how it happened or how to prevent it in the future. I have no problem with a third party seeing the video, a safety review board or anything along those lines, but the media doesn't deserve to see it for any reason.

You both make good arguments for the media seeing the videos and pictures. I have to say, I don't care if the media see it as long as it isn't shown to the public. Anyone should be able to have enough empathy for the family to avoid that.

Then why give it to the media? If they don't want to show it, what possible use could they have for it??

 

[Launchpad11B]

My thoughts exactly, how does the media getting these tapes prevent this from happening in the future? They have no authority on what happened, how it happened or how to prevent it in the future. I have no problem with a third party seeing the video, a safety review board or anything along those lines, but the media doesn't deserve to see it for any reason.



Then why give it to the media? If they don't want to show it, what possible use could they have for it??

Settle down big guy!

 

[safetymom]

I don't think the media needs access to the photos and videos. It serves no purpose to show the average person the way it all happened.

I am sure Sea World is under the microscope in many ways for how they conduct their business.

 

[dpuck1998]

Settle down big guy!

I thought I was pretty relaxed BTW, get me on an M2!! I'd prefer a quad 50