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SeaWorld attack video will keep park in check – media

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SeaWorld have joined the family to prevent the video’s release (Reuters)

SeaWorld have joined the family to prevent the video’s release (Reuters)

Fri, 26 Mar 2010 8:56p.m.

By Angela Beswick

Video footage of the killer whale attack in which a SeaWorld trainer died is vital in keeping the park and law enforcement authorities in check, the attorney representing media argued today.

The family of veteran whale trainer Dawn Brancheau, 40, are fighting to keep the release of the videos private.

Media attorney argue that the media must review the information to keep law enforcement and SeaWorld in check. The tapes will allow media to determine whether everything was investigated properly and to the fullest extent.

SeaWorld have joined the family to prevent the video’s release, which shows the moment Ms Brancheau was pulled by her pony tail into the tank of the park’s largest male orca and thrashed around.

Her official cause of death was determined as multiple traumatic injuries and drowning.

SeaWorld voluntarily turned video of the incident over to law enforcement authorities immediately after the attack.

Under Florida law, footage of the incident – taken on a camera overhead Shamu stadium and one under the water – would become public once the investigation is complete.

SeaWorld argued it has an interest in the pending litigation because it is the exclusive owner of all rights in and to the videos, and will be directly affected by the outcome of the hearing.

The family successfully argued for a temporary injunction which attorney for the family John Mills has applied to have extended a further 90 days.

Judge Lawrence Kirkwood signed a motion giving all parties that wish to see the tape until April 5 to put forth any arguments they have to view the tape.

“This is a private tragedy,” Mr Mills said.

“There is not constitutional right to voyeurism, and there is a constitutional right to privacy.”

A spokesman for the family said airing of the tapes would only worsen their grief.

Judge Lawrence Kirkwood has not yet issued an official ruling.

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Comments [1]

John in Boston
28 Mar 2010 5:51a.m.

SeaWorld has not been truthful of the events leading to Dawn Brancheau's death from the very start. They continue to maintain that there was no indication of any problems with the whales prior to the incident which is false... I was there and witnessed their uncooperative, aggressive behavior just 30 minutes prior to the attack. They also continue to blame Dawn for her ponytail which is inconclusive and goes against the witness statements that she was grabbed by her waist, arm and shoulder. Unfortunately, it does not sound like any of the video in dispute actually captures the initial attack. The reason for having the video released or reviewed, would be to verify what has been reported and to allow the public to hold SeaWorld and public investigators accountable. I'm not a huge supporter of these videos being made public but that is from an emotional standpoint. From a realistic standpoint, aside from the initial attack, the video will most likely show that SeaWorld was negligent in their safety protocols and attempts to save Dawn. Having already been warned that this type of attack was inevitable, SeaWorld chose not to implement suggested safety measures which could have saved Dawns life. Instead SeaWorld chose to successfully have the reports squashed citing that the reports were not based on expert opinion. But I believe they were based on common sense. The same argument could be made by any industry which says that "they" are the experts therefore no governing agency would have the power to oversee them. It would have been terrible to have had to resort to lethal force against Tilikum (because he doesn't deserve it), but had it been used we would instead be talking about a dead whale instead of a dead woman. The other suggested alternative from the report would have been to not have human/whale interactions at all. This would have definitely saved her life... but would have hurt SeaWorld's profitability. SeaWorld chose the profit route.

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