Let me precursor this by saying I that know nothing about the law in this (or any other, really) instance. However, I would THINK that although the records are public and can be viewed by anyone, they cannot physically TAKE them anywhere, can they? I thought it had to be done in a specific facility, similar to the reference section of the library. Also, I'm not sure if the photos are even supposed to be in the public record, I thought it was just the accident and traffic reports. This isn't to say someone couldn't do something to sneak the pictures (if even available in public records) out of there but I find it very hard to believe the widespread damage would be so significant if these photos were held only in the records. Again, I don't know anything about the law or my rights as a citizen to access these files and I guess for reasons like this I probably should know them.

IMO the family certainly has the right to file the lawsuit. I think leaked pictures like this crosses the line on free speech and enters into the same realm as hate speech. Certainly the family having to relive these images (which thankfully I have not seen) has to be just as, if not more, painful than racist, sexist, antisemitic, etc. remarks. If it can be proven the CHP handled and/or distributed these photos inappropriately then I think they most certainly should be held responsible for the pictures appearance all over the internet. This is coming from a California resident who will have to indirectly pay for whatever the plaintiffs may be awarded. That's just my 2 cents anyways... it's tragic regardless!

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Sorry I was not more clear. When I said confidential/private information, I did not mean in the sense you are using it. Yes, it is publically available information- but it is not information that is sitting in a public library for any person to access. My point is that this is not the sort of information that is just lying around the break room at CHP. Thus, I was meaning "private" as in it is private information until it is validly requested and released.

I think your argument is supported by weak logic... the last resort "well it would've happened anyway" argument is heard quite often in almost every type of case and usually is done away with fairly quickly. The fact is that CHP acted in a negligent manner by allowing employees (such as dispatchers who, in some cases, can be part time employees with little to no police training) carte blanche access to these materials.

And I'm not ignoring the possibility that the seal/safeguard policy could be abused- I just did not go into a full analysis of my hypothetical solution. I said that IMO, a balance could be struck between the two interests- and suggested a possible solution. I did not suggest that the families should have absolute control over all materials, and do not believe they should. But I am suggesting that there are some cases with disturbing enough images (what about photos of the gentalia of sexually abused and murdered individuals and/or minors for instance?) that should fall into a special category. Sorry, but I just think there are some things that the public does not have a right to see.

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Thanks to this story, there will be thousands of people looking at these photos that didn't even know they existed. This is the first time I've ever heard of this story.

And since when are accident scene photos considered public record?

^ i agree with Shelley.

I never heard of the girl or the crash before this story and sure as heck never saw the pictures before. Tragic loss for the family

You know what gets me is that there are fuckers out there that are harassing the family with the photos.

Okay fine, look at the damn photos. Free speech bullshit right? -- Avi will defend this until he's blue in the face. However, what is the point of sending the photos to the family anomalously other than to cause grief?

You know, I realize police reports and the likes are a matter of public record but, speaking from experience, I found it very hard to even go and get MY OWN police report released to me, much less anyone else. So yeah it may be public record, but it's not like any ole person could walk into the police station and say, "Excuse me, please hand over the photos of this scene of accident, thank you." There is a proper way about it.

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I must confess I'm here to kill the pain.

WOW, I just googled images under her name and OMG the pics that came up were WOW. How horrible! I can't believe people were emailing them to the parents, that's just horrible. I wish I didn't look at those. I mean she was decapitated........and they show it. Very, very sad.

I found this on one of the websites about why they posted the pics in the first place:

Mind you these pictures were very graphic showing brain matter and decapitation. One of FGM’s site Cincinnati Street Racing was one of the first to have the pictures posted. While maybe distasteful the pictures served as a warning to other to NOT drive like morons. Last night the Madman received an Cease and Desist email from the CHP asking for the pictures to be removed. At first glance the email looked fake, then we read of others receiving the email. Still not convinced to remove the images we did some more searching. Apparently the family of Nicole is suing the CHP for leaking the photos. Rumor has it that will fail and they will go on to sue other website for hosting the images. The Madman says this is BS. Nicole crashed on a public road, the pictures were leaked, there isn’t much you can really do about it now.

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well, I only mentioned it b/c it's going to be on 20/20 tonight.

^ aww tiff, im sure shelley didnt mean it that way. and i definitely didnt mean it that way either. my comment was more geared towards the idea that since the family is suing, they are gaining publicity and therefore triggering more people to search for the pictures.

This is Fertik's MO. He causes more grief for innocent people.

There isn't one.

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No, I am absolutely not referring to you! Sorry, if it came across that way. I am referring to whoever is pushing this family to make a huge public deal about these photos.

The blame for that probably rests with their lawyers

My boyfriend has seen them. He warned me never to look at them. I'm on a few car forums, and guys are always posting up gross stuff like this. I don't get what the attraction is.....it's just like those awful "Faces of Death" videos. Who seriously watches those??

It really does suck for the family that people would harass them like that. What's the point?

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Never heard of her and I'm not looking. No desire to.

As herwrx said, "What's the point?"

PMing you

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Police reports yes. Photos no. They are generally not part of what is public. The District Attorney's office probably had to do an investigation--they usually do in any accident like this. The photos would be in that file which would likely be sealed. This happened when some detectives or investigator's emailed them to people they should not have emailed them to.

You can find them super easy on the internet. Its not like they were hidden.

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OK ... after reading through this thread there is NO WAY I am going in search of those pictures.

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Did anyone watch the 20/20 special on her last night? I am baffled as to why Fertik would think he can erase something from the Internet permanently. The funny part is he thinks he can accomplish this by calling the hosting sites and asking nicely. You will never permanently remove something from the Internet. It's just not possible. The only thing this guy probably accomplished was creating a record breaking amount of Google searches on Nikki Catsouras. Especially, after last nights news special.

Good idea, don't do it.



I didn't watch the show, but this ^ is so true.

The show also featured these two guys that went around screaming shit at people out of their car window and video taping it. They do it to catch people's reactions and they put them on You Tube. Some of that was amusing. They rode by this old man watering his lawn in a skimpy Speedo and yelled "SICK BASTARD". I will admit I lol'd.

I agree, Shelley, and everyone can call me a freak but I looked for about an hour for those pictures. I have seen all the FOD movies and I am just curious. All the sites that HAD the photos all gave that error message, something like, "You do not have access privileges" or something to that effect. I the group of photos on snopes showed an angle and you could see a pool of blood the size of a large whirlpool tub. Which isn't unusual if she was actually decapitated--that photo was gross enough--I really can't imagine the others that are now missing.

As soon as the hoopla surrounding this 20/20 special is over I guarantee the pics wil be back up. Its just human nature.

We had 2 teens killed here a few years ago and one of the girls suffered injuries just like those described in Nikki's accident. The 2 boys in the car lived and both have profound mental health problems because their shitty parents didn't get them any grief counseling or counseling of any sort. I could not imagine being 16 years old and being in a car accident and having my dead friend's head in my lap.

What disturbs me is that other human's sent those pictures of Nikki to her family via email with nasty messages saying she deserved it because she was beautiful and rich. What kind of a demented person does shit like that? Even though the pictures are graphic and gorry, if the site of the saves a few lives, why not publish them?

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I saw the pictures and while they were gruesome to look at. They weren't even close to the nastiness of a SAW movie.


I agree Liz, first amendment rights is one thing but cyber harassment of the parents is something beyond comprehension.

I agree with the 1A rights, but it does make me wonder, doesn't the CHP have a duty to protect the victims? Did the officers break any internal rules? I suppose this was just the very bad judgment of a few officers, but does suing the CHP make it right? They didn't profit from the photos so I don't really see where their are any REAL damages. Of course, pain and suffering is one thing, but without actual damages? The parents need to just let this go. Ask for the CHP to sanction the 3 officers--hell fire them, but suing for $20 million from a state agency that is probably spread thin financially anyway, is just stupid and greedy.

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I watched most of 20/20 but missed that story. I'm guessing it was on towards the beginning? It was crazy watching a lot of those other stories though. WTF is up with 13 year old girls posting videos of them beating someone up?