QUICKLINK   Georgia · March 11, 2010 · Freedom of information

Georgia rushes to pass crime photo exemption to records law

Hustler magazine's request for photos of a slain hiker has prompted a push by Georgia lawmakers to quickly pass a bill that would block the release of certain crime scene photos without the permission of the deceased individual's family or a court order, The Chattanooga Times Free Press reported.

The state's House Committee on Government Affairs passed the Meredith Emerson Memorial Privacy Act unanimously on Wednesday, just one day after it was introduced and just two days after a Hustler reporter filed an open-records request for the crime scene pictures of murdered 24-year-old Meredith Emerson, whose body was found nude and decapitated in the northern Georgia mountains after she disappeared in 2008.

The magazine appealed the The Georgia Bureau of Investigation's decision to not release the photographs along with other documents in response to Hustler's public records request. A Georgia Superior Court judge granted Emerson’s family a temporary restraining order on Wednesday that blocks the photographs' release.

The bill would exempt photographs, video and audio recordings that “depict or describe a deceased person in a nude, bruised, bloodied, or broken state with open wounds or in a state of dismemberment or decapitation” from the state’s open records law. Exempted materials would be made available only with the written permission of the deceased’s spouse, adult child, parent or a judge.

Credentialed journalists, lawyers and law enforcement agents would be permitted to access such documents at the Georgia Bureau of Investigation’s headquarters but would not be allowed to make copies of them, Rep. Jill Chambers, the main sponsor of the bill, told CNN.

“Hustler and Mr. Flynt disagree with the GBI's position, and are currently exploring all legal options available to them should the decision be made to go forward with the story," the magazine told CNN by e-mail.

— Nadia Tamez-Robledo, 6:52 pm

Comments: (5)

Comment by Robert Sterling, Thu, Apr 22, 9:33am

I was lost for words as I checked out a book (No Regret by Ann Rule) for the first time. I opened the book to The Runaway and Solider, a story about Teresa Caroline Sterling and David. My heart just sank when I had seen Teresa’s Picture once again and her eyes looking back at her brother, only to be immortalized in a story that was never ask for or to be told buy a stranger. I turned the page and my heart came to a sudden stop and everything around me from the trees, people walking past the car, and the noise of the traffic of cars driving by us and the smell of my wife’s hair as she leaned over to ask me what was wrong? It seemed to be all a blur as the whole world had just stopped and the only thing I could see was my sister’s body lay in the woods with her legs spread open as her attacker left her lifeless body only waiting to be found.
Neither I nor any family member has seen any pictures of Teresa’s crime scene only that we were told her file were to be sealed. She was a minor. Teresa was only 15 and Ann Rule knew this. How these pictures were allowed to be published, someone will have to answer and I can promise it will not be the First Amendment for one to hide behind.
Teresa was the youngest and the baby of our family. She was her daddy’s little girl. Teresa smile and her big dimples always put a smile on a face near her. The story of Teresa Caroline Sterling is much more then what has been told by Ann Rule. How could you? No one not even the News Media went as far as to show the crime scene pictures of her body. Even Hustler Magazine was put to a Stop and HB 1322 aw when requested the pictures of a 23 year old female this year. However Teresa was 15, the damage is done.
Federal law (18 U.S.C. §2256), Federal law (18 U.S.C. §1466A) also criminalizes knowingly .
Robert Sterling
This bill needs to be in every state, people like Hustler and Ann Rule only have one thing on their mind! How to Pimp a story for profit! Please help me in my fight with Ann Rule and any attorney who will challenge Ann Rule.

Comment by Kevin Bock, Wed, May 12, 9:18am

I hope and pray that you get this stopped . May god Bless you Robert.

Comment by Sabrina, Wed, May 12, 7:47pm

Hi Bobby,

Thank you for sharing this with me. I am so moved! Ann Rule is a detestable person, and I am so sorry that you had to have the depravity done to your baby sister displayed to you in such a way. I will fight for you all I can. I hope you pursue a lawsuit against her.

Your friend,

Sabrina

Comment by Kathy, Thu, May 13, 12:47pm

I've never heard of the writer until a co-worker told me about the situation. The world is full of enough bad without me spending my spare time reading of such horrific events. I hope you win your battle. I can't even imagine reading such stories about one of my loved ones.

I hope you, your sister and the rest of your family find peace and I hope Ann Rule finds another career path.

She should give any proceeds to the victims' families and these stories should be sealed forever regardless of the age of the victim.

Comment by Larry Edwards, Fri, May 14, 3:30pm

Robert,

I, too, have issues with Ann Rule and her publisher, Simon & Schuster, who published a book about my deceased parents.

I am an author and journalist, and I believe in freedom of the press, but I think that freedom is at times abused by greedy people who's only motive is unprincipled greed.

I would love to speak to you about this. I live in San Diego, Calif., and am easily found through Google.

Larry Edwards