ATLANTA -- One day after the Georgia Bureau of Investigation announced it would not release grisly crime scene photos of murdered Georgia hiker Meredith Emerson, her family is taking action.
An attorney representing Emerson's family says she has filed for a temporary restraining order to stop the release of the photographs. Attorney Lindsay Haigh says she wants a temporary hold on the photographs until a hearing can be held on a permanent injunction.
The request for the photographs was made through the Georgia Open Records Act by a freelance writer for Hustler, a skin magazine. "These photographs depict no additional facts but are merely a gruesome representation that the family should not have to endure," said Haigh. "We do not believe that those should be disclosed to any third party."
Haigh filed the order one day after the GBI said it would not release the photographs to Hustler unless ordered to do so by a judge.
The GBI said the photographs show Emerson's nude decapitated body. GBI Director Vernon Keenan said the pictures are very similar to autopsy photos which are exempt from the Open Records Act. "It is my belief that it was not the intent of the Georgia Legislature for those type photographs to be released," Keenan said.
Emerson's former roommate at the University of Georgia said she was shocked when she learned of the magazines request. "Whether it's an accredited news magazine or complete smut it really doesn't matter," Julia Karrenbauer said. "These (photos) have no journalistic value."
In January 2008, Emerson's family agreed to a life without parole sentence for Gary Hilton, their daughter's killer. In return, Hilton told authorities where he left Emerson's body.
The family agreed not to seek the death penalty to avoid a prolonged trial and subsequent appeals. "We were thankful that we didn't have to go through a trial and I feel like that's exactly what we're doing now," said Karrenbauer.
Hustler magazine released a statement Monday saying "Hustler is aware of the GBI's refusal to honor it's reporter's request for copies of the Emerson crime scenes photos, which were to be used in a news story about this crime," the statement said.
The statement said Hustler and its publisher Larry Flynt disagree with the GBI's decision. "(They) are currently exploring all legal options available to them should the decision be made to go forward with the story," it added.
But Emerson's family isn't waiting. They don't want the pictures to ever be released. "Everybody knows what Meredith went through," their attorney said. "These pictures add nothing, but open wounds again and further torment and victimize Meredith and her family."
DeKalb County Superior Court Judge Daniel Coursey will here the family's request for a temporary restraining order on Wednesday.
Two years after the Emerson's made a deal with the devil; their daughter's case is where they never expected it to be again. It's back in court.
