A U.S. court ruled this morning to prohibit the release of any public records showing the remains of actor Gene Hackman and his wife, Betsy Arakawa, but indicated that other images and documents could be made public. This ruling aims to balance the public's right to know with the privacy rights of the deceased's family.
Representatives of the Hackman family estate had previously urged a New Mexico judge to seal photos, videos, and documents to protect the family's privacy. Judge Matthew Wilson, based in Santa Fe, had issued a temporary halt to the release of related records pending the outcome of a hearing on Monday. Judge Wilson stated that any material not containing images of the couple's remains could be released.
Officials have confirmed that Gene Hackman, 95, died from complications of heart disease and Alzheimer's disease, while his wife, Arakawa, passed away about a week earlier at the age of 65. It is possible that Hackman was unaware of Arakawa's death. Arakawa's cause of death was listed as hantavirus pulmonary syndrome, a rare, rodent-borne disease.
New Mexico's open records law prohibits public access to sensitive images, including photos of human remains. Experts have also stated that certain medical information is not considered a public record under the state's Inspection of Public Records Act. Estate representative Julia Peters emphasized the potentially shocking impact of photos and videos from the investigation and the possibility of media dissemination in order to prevent their release.
The Hackman family estate's lawsuit also sought to prevent the release of autopsy reports from the Office of the Medical Investigator and death investigation reports from the Santa Fe County Sheriff's Office. Estate attorney Kurt Sommer argued at Monday's hearing that the couple had strived to avoid the public eye during their lives, and the right to control the use of their names and likenesses should extend to their estate.
Typically, law enforcement death investigations and medical investigator autopsy reports are considered public records under state law to ensure government transparency and accountability. Prior to hearing Monday's arguments and testimony, Wilson granted a request from media organizations, including The Associated Press, to intervene.
Authorities unraveled the mystery surrounding the couple's deaths and described their conclusions at a March 7 news conference, but they did not release most of the related written and photographic records. One of the couple's three dogs, a Kelpie mix named Zinna, was also found dead in a crate inside a bathroom closet near Arakawa. The other two dogs were alive.
Susan Madore, a publicist who worked with the Hackmans for many years, testified that the couple enjoyed living in Santa Fe because it allowed them to maintain anonymity. Hackman retired in the early 2000s. Arakawa had no children, while Hackman had three children with his former wife. Privacy may also play a role in the couple's estate settlement.
According to probate court documents, Hackman signed an updated will in 2005 leaving his estate to his wife, while her will, signed that same year, left her estate to him. With both now deceased, Peters is in control of administering the estates. A request is pending to appoint a trustee to manage assets in two trusts related to the estate. Without the trust documents being made public, it is unclear who the beneficiaries are and how the assets will be distributed.
New Mexico estate planning attorneys say that if there are any legal disputes over the assets, more details could come to light. Even then, they say, the parties could ask the court to seal those documents.