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'''Nicole "Nikki" Catsouras''' (], ]<ref> Orange County Register.</ref> - ], ]) was an ] woman who died at the age of 18 as a result of a ] after losing control of her father's ] at high speed and colliding with a ] in ]. An autopsy revealed cocaine had recently been ingested by Nicole. The death was notable for a controversy surrounding the leakage of ] of Catsouras' badly damaged body on to the ], which caused her family to take ] due to ] about the incident. '''Nicole "Nikki" Catsouras''' (], ]<ref>, ''Orange County Register''.</ref> – ], ]) was an ] woman who died at the age of 18 as a result of a ] after losing control of her father's ] at high speed and colliding with a ] in ]. An autopsy revealed ] had recently been ingested by Nicole. The death was notable for a controversy surrounding the leakage of photographs of Catsouras' badly damaged body on to the ], which caused her family to take ] due to distress about the incident.


==Nikki's Early Life and the Days Leading Up to the Accident== ==Nikki's early life and the days leading up to the collision==
As reported by Newsweek magazine, as an 8-year-old, Nikki was diagnosed with a brain tumor and doctors didn't think she would survive. As it turned out, the tumor was benign, but Nikki had to undergo intensive radiation. As a result, doctors told her parents the effects of that treatment on her young brain might show up at some point in the future by causing changes in her judgment or impulse control. Nikki's family told Newsweek magazine that they believed those changes may have been why she, the summer before the accident, tried cocaine and ended up in the hospital in a cocaine-induced psychosis. Her family also confirmed she used cocaine again the night before the accident. Nikki's parents discussed checking her into a hospital, but decided against it: she was scheduled to visit a psychiatrist the day following the accident, a specialist on brain disorders. As an 8-year-old, Nikki was diagnosed with a brain tumor<ref name= "newsweek" /> and doctors did not think she would survive. The tumor was benign, but Nikki underwent intensive radiation treatment.<ref name= "newsweek" /> As a result, doctors told her parents the effects of that treatment on her young brain might show up at some point in the future by causing changes in her judgment or impulse control.<ref name= "newsweek" /> Nikki's family told ''Newsweek'' magazine that they believed those changes may have been why she, the summer before the accident, tried cocaine and ended up in the hospital in a cocaine-induced ]. Her family also confirmed she used cocaine again the night before the accident.<ref name= "newsweek" /> Nikki's parents discussed checking her into a hospital, but decided against it: she was scheduled to visit a psychiatrist the day following the accident, a specialist on brain disorders.<ref name= "newsweek" />


On the day of the accident, Nikki along with her parents ate lunch together. After lunch, as Nikki's father left for work, he waved goodbye to his daughter and she 'flashed' a peace sign from the couch, smiling. Nikki's mother then went to fold laundry, but about 10 minutes later, she heard a door slam along with footsteps out the back door. As she walked toward the garage, she was able to see Nikki backing out of the driveway in her father's Porsche 911 Carrera — a car she was not allowed to drive. The mother called the father, who began driving around trying to find his daughter. While in the car, he called 911 for help. While on hold, he was made aware of the accident. On the day of the accident, Nikki along with her parents ate lunch together. After lunch, as Nikki's father left for work while her mother remained at home. About ten minutes later, she heard a door slam along with footsteps out the back door. As she walked toward the garage, she was able to see Nikki backing out of the driveway in her father's Porsche 911 Carrera — a car she was not allowed to drive.<ref name= "newsweek" /> The mother called the father, who began driving around trying to find his daughter.<ref name= "newsweek" /> While in the car, he called 911 for help. While on hold, he was made aware of the accident.


==Leakage of photographs to the Internet== ==Leakage of photographs to the Internet==
According to '']'' magazine, the Catsouras "accident was so gruesome the coroner wouldn't allow her parents to identify their daughter's body."<ref name= "newsweek">Jessica Bennett, "A Tragedy That Won’t Fade Away," ''NEWSWEEK,'' print issue of May 4, 2009 (accessed April 26, 2009)</ref> However, photographs of the scene of Catsouras' death were taken by ] (CHP) officers as part of standard fatal vehicle accident procedures. These photos were then forwarded to others within the Department, and then spread across the Internet. According to '']'', the Catsouras "accident was so gruesome the coroner wouldn't allow her parents to identify their daughter's body."<ref name= "newsweek">Bennett, Jessica. , ''Newsweek,'' 4 May 2009. (accessed April 26, 2009)</ref> However, photographs of the scene of Catsouras' death were taken by ] (CHP) officers as part of standard fatal vehicle accident procedures. These photos were then forwarded to others within the Department, and then spread across the Internet.


Two CHP employees, Aaron Reich and Thomas O'Donnell, admitted to releasing the photos in violation of CHP policy. O'Donnell later stated in interviews that he only sent the photos to his own e-mail account for viewing at a later time, while Reich stated that he had forwarded the pictures to four other people.<ref name=beautiful> ].</ref> Catsouras' parents soon discovered the photographs posted online. The pictures had gained much attention, including in the form of a fake ] tribute website that actually contained links to the photographs.<ref name=beautiful/> ]s also anonymously e-mailed copies of the photos to the Catsouras family with misleading subject headers, in one case captioning the photo sent to the father with the words "Woohoo Daddy! Hey daddy, I'm still alive."<ref name= "newsweek" /> This led to the Catsouras family withdrawing from Internet use and even ] Nikki's younger sister due to the possibility that she might have been taunted with the photographs.<ref name=beautiful/> Two CHP employees, Aaron Reich and Thomas O'Donnell, admitted to releasing the photos in violation of CHP policy. O'Donnell later stated in interviews that he only sent the photos to his own e-mail account for viewing at a later time, while Reich stated that he had forwarded the pictures to four other people.<ref name=beautiful> ].</ref> Catsouras' parents soon discovered the photographs posted online. The pictures had gained much attention, including in the form of a fake ] tribute website that actually contained links to the photographs.<ref name=beautiful/> ]s also anonymously e-mailed copies of the photos to the Catsouras family with misleading subject headers, in one case captioning the photo sent to the father with the words "Woohoo Daddy! Hey daddy, I'm still alive."<ref name= "newsweek" /> This led to the Catsouras family withdrawing from Internet use and even ] Nikki's younger sister due to the possibility that she might have been taunted with the photographs.<ref name=beautiful/>


==Legal action== ==Legal action==
A judge in ] ruled that it would be appropriate to move forward with the family's legal case against the California Highway Patrol for leaking the photographs.<ref name=beautiful/> The family hired ] to handle their lawsuit. This led to the California Highway Patrol issuing a formal apology and taking action to prevent similar occurrences in the future, after discovering that departmental policy had been violated by the two officers responsible for the leakage of the photographs.<ref name=beautiful/> O'Donnell was suspended for 25 days without pay, and Reich quit soon after, "for unrelated reasons," according to his lawyer.<ref name= "newsweek" /> As of March 21, 2008, the final ruling in the legal case was issued. Judge Steven L. Perk dismissed the case against the Department of the California Highway Patrol after both Reich and O'Donnell were removed as defendants. Judge Perk ruled that the two were not under any responsibility for protecting the privacy of the Catsouras family, effectively ending the basis for the case. The family's legal team is appealing the ruling.<ref name=postponed>{{cite news |first= |last= |authorlink= |coauthors= |title=Judge dismisses suit over CHP photo leak |url=http://www.ocregister.com/ocregister/news/local/ladera/schoolsandeducation/article_2003372.php |quote= |work=] |date= |accessdate=2008-07-17 }}</ref> A judge in ] ruled that it would be appropriate to move forward with the family's legal case against the California Highway Patrol for leaking the photographs.<ref name=beautiful/> The family hired ] to handle their lawsuit. This led to the California Highway Patrol issuing a formal apology and taking action to prevent similar occurrences in the future, after discovering that departmental policy had been violated by the two officers responsible for the leakage of the photographs.<ref name=beautiful/> O'Donnell was suspended for 25 days without pay, and Reich quit soon after, "for unrelated reasons," according to his lawyer.<ref name= "newsweek" /> As of March 21, 2008, the final ruling in the legal case was issued. Judge Steven L. Perk dismissed the case against the Department of the California Highway Patrol after both Reich and O'Donnell were removed as defendants. Judge Perk ruled that the two were not under any responsibility for protecting the privacy of the Catsouras family, effectively ending the basis for the case. The family's legal team is appealing the ruling.<ref name=postponed>{{cite news |first= |last= |authorlink= |coauthors= |title=Judge dismisses suit over CHP photo leak |url=http://www.ocregister.com/ocregister/news/local/ladera/schoolsandeducation/article_2003372.php |quote= |work=] |date= |accessdate=2008-07-17 }}</ref>


==The Aftermath, Anonymity and the Internet== ==The aftermath, anonymity and the Internet==
The tragedy surrounding Nikki Catsouras' death and the subsequent pictures now circulating the web, illustrate the lack of control over the legal privacy that exists in these types of situations. The lack of legal precedent makes it virtually impossible for the legal system to be used to punish those who circulate these pictures. The superior-court judge who dismissed the Catsouras' case, ruled in March 2008 that while the dispatchers' conduct was "utterly reprehensible", there was no law that allowed it to be punishable. The controversy illustrates the lack of control over the legal privacy that exists in these types of situations. The lack of legal precedent makes it difficult for the legal system to be used to punish those who circulate the images. The superior court judge who dismissed the Catsouras' case ruled in March 2008 that while the dispatchers' conduct was "utterly reprehensible",<ref name= "newsweek" /> there was no law that allowed it to be punishable.


==References== ==References==
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==External links== ==External links==
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Revision as of 20:10, 8 May 2009

Nicole "Nikki" Catsouras (March 4, 1988 – October 31, 2006) was an American woman who died at the age of 18 as a result of a car crash after losing control of her father's Porsche Carrera at high speed and colliding with a toll booth in Orange County, California. An autopsy revealed cocaine had recently been ingested by Nicole. The death was notable for a controversy surrounding the leakage of photographs of Catsouras' badly damaged body on to the Internet, which caused her family to take legal action due to distress about the incident.

Nikki's early life and the days leading up to the collision

As an 8-year-old, Nikki was diagnosed with a brain tumor and doctors did not think she would survive. The tumor was benign, but Nikki underwent intensive radiation treatment. As a result, doctors told her parents the effects of that treatment on her young brain might show up at some point in the future by causing changes in her judgment or impulse control. Nikki's family told Newsweek magazine that they believed those changes may have been why she, the summer before the accident, tried cocaine and ended up in the hospital in a cocaine-induced psychosis. Her family also confirmed she used cocaine again the night before the accident. Nikki's parents discussed checking her into a hospital, but decided against it: she was scheduled to visit a psychiatrist the day following the accident, a specialist on brain disorders.

On the day of the accident, Nikki along with her parents ate lunch together. After lunch, as Nikki's father left for work while her mother remained at home. About ten minutes later, she heard a door slam along with footsteps out the back door. As she walked toward the garage, she was able to see Nikki backing out of the driveway in her father's Porsche 911 Carrera — a car she was not allowed to drive. The mother called the father, who began driving around trying to find his daughter. While in the car, he called 911 for help. While on hold, he was made aware of the accident.

Leakage of photographs to the Internet

According to Newsweek, the Catsouras "accident was so gruesome the coroner wouldn't allow her parents to identify their daughter's body." However, photographs of the scene of Catsouras' death were taken by California Highway Patrol (CHP) officers as part of standard fatal vehicle accident procedures. These photos were then forwarded to others within the Department, and then spread across the Internet.

Two CHP employees, Aaron Reich and Thomas O'Donnell, admitted to releasing the photos in violation of CHP policy. O'Donnell later stated in interviews that he only sent the photos to his own e-mail account for viewing at a later time, while Reich stated that he had forwarded the pictures to four other people. Catsouras' parents soon discovered the photographs posted online. The pictures had gained much attention, including in the form of a fake MySpace tribute website that actually contained links to the photographs. Griefers also anonymously e-mailed copies of the photos to the Catsouras family with misleading subject headers, in one case captioning the photo sent to the father with the words "Woohoo Daddy! Hey daddy, I'm still alive." This led to the Catsouras family withdrawing from Internet use and even homeschooling Nikki's younger sister due to the possibility that she might have been taunted with the photographs.

Legal action

A judge in California ruled that it would be appropriate to move forward with the family's legal case against the California Highway Patrol for leaking the photographs. The family hired ReputationDefender to handle their lawsuit. This led to the California Highway Patrol issuing a formal apology and taking action to prevent similar occurrences in the future, after discovering that departmental policy had been violated by the two officers responsible for the leakage of the photographs. O'Donnell was suspended for 25 days without pay, and Reich quit soon after, "for unrelated reasons," according to his lawyer. As of March 21, 2008, the final ruling in the legal case was issued. Judge Steven L. Perk dismissed the case against the Department of the California Highway Patrol after both Reich and O'Donnell were removed as defendants. Judge Perk ruled that the two were not under any responsibility for protecting the privacy of the Catsouras family, effectively ending the basis for the case. The family's legal team is appealing the ruling.

The aftermath, anonymity and the Internet

The controversy illustrates the lack of control over the legal privacy that exists in these types of situations. The lack of legal precedent makes it difficult for the legal system to be used to punish those who circulate the images. The superior court judge who dismissed the Catsouras' case ruled in March 2008 that while the dispatchers' conduct was "utterly reprehensible", there was no law that allowed it to be punishable.

References

  1. Obituary, Orange County Register.
  2. ^ Bennett, Jessica. "A Tragedy That Won’t Fade Away", Newsweek, 4 May 2009. (accessed April 26, 2009)
  3. ^ A Family's Nightmare: Accident Photos of Their Beautiful Daughter Released. ABC News.
  4. "Judge dismisses suit over CHP photo leak". Orange County Register. Retrieved 2008-07-17. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)


External links

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