Hustler request sparks House to seek change in law

By Nancy Badertscher

The Atlanta Journal-Constitution

Law enforcement would be barred by state law from releasing grisly crime-scene photos under legislation unanimously passed Tuesday by the Georgia House.

A Hustler magazine writer recently requested photos of Meredith Emerson, the Buford hiker who was stripped naked and decapitated in the North Georgia woods.

The request, made under the Georgia Open Records Act, was called “sickening, disgusting and vile” by House Speaker David Ralston (R-Blue Ridge).

Emerson’s family also has obtained a judge’s order prohibiting the photos from being released.

Rep. Jill Chambers (R-Atlanta), the bill's sponsor, said the “Meredith Emerson Privacy Act” will “prevent the exploitation of crime victims past and present.”

“The Open Records Act was never intended to allow the release of crime-scene photos for sensational or prurient interests,” Chambers said.

The legislation, which amends the Open Records Act, was narrowly written and does not prohibit the viewing of such photos. But it does bar the release by law enforcement of photos of any decapitated body parts or nude genitalia.

The bill, which cleared the House 163-0, is expected to receive quick action in the state Senate.

Susan Emerson, the victim’s mother, has said publishing the photos “would bring further stress and strife over what is already too much sadness to bear.”

Her daughter, a 24-year-old University of Georgia graduate, was abducted Jan. 1, 2008, while hiking Blood Mountain Trail. Gary Michael Hilton is serving a sentence of life without parole for beating Emerson to death and cutting off her head.