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Wednesday, January 31, 2001

Publishing morgue photos a worry




By Dan Horn
The Cincinnati Enquirer

        Prosecutors will try to get a court order forbidding the distribution or publication of photos taken without permission at the Hamilton County morgue.

        The photos, which depict 12 bodies in various stages of autopsy, are the focus of an investigation into how a 29-year-old photographer obtained access to the coroner's office.

        Prosecutor Mike Allen met Tuesday with families whose loved ones were photographed at the morgue.

        He said the families expressed concern about the publicity surrounding the case and asked him to limit public access to the pictures.

        “I told them I'm going to try to protect their privacy as best I can,” Mr. Allen said. “We would like the photos sealed” by a court order.

        Although a judge could grant such a request, most of the 50 to 60 photographs already are public because they were attached to a police search warrant filed two weeks ago.

        The photos have not been shown or published, however, and the families want to keep it that way.

        Mr. Allen said all of the relatives declined to discuss the case publicly, but he described the meeting Tuesday as “productive.” He said some family members expressed strong emotions about the depiction of their loved ones in the photos.

        “"Righteous indignation' might be the best way to describe their reaction,” Mr. Allen said. “I can't imagine being in their situation.”

        Prosecutors say the families' main concern is making sure the photos of their loved ones do not someday appear in books or on Web sites.

        “There are a number of ghoulish Web sites out there,” Mr. Allen said.

        He said police are close to wrapping up their investigation into the case and the involvement of Thomas Condon, the Cincinnati photographer who took the photos.

        Coroner Carl Parrott has said Mr. Condon apparently gained ac cess to the morgue some time after he tried to secure a contract to photograph an autopsy procedure.

        Dr. Parrott rejected the photographer's proposal, but Mr. Condon was still able to get access to the morgue.

        Prosecutors will not say how the photographer did it, but a pathologist at the coroner's office has been suspended for his possible involvement.

        Mr. Allen said he expects to take the case to a grand jury within 10 days, and prosecutors will seek a criminal charge. “I fully expect that to happen,” Mr. Allen said.

        Mr. Condon's lawyer, H. Louis Sirkin, criticized Mr. Allen for speaking publicly about the likelihood of a criminal charge. He said the grand jury process should go forth in secret.

        “I'm very concerned about that kind of commentary from a prosecutor,” Mr. Sirkin said. “... He's already pre-judging this.”

        Mr. Sirkin has defended the photos as an artistic exploration of life and death. He said his client intended no harm to anyone.

       



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