ORLANDO, Fla. — A judge has yet to decide if he'll continue to block SeaWorld's surveillance video from being released. It shows a trainer being killed by a killer whale.
Last month, Dawn Brancheau was dragged into a tank by Tilikum, a killer whale. Both SeaWorld and Brancheau's family want the video kept private.
The family's lawyer says the video, which technically is a public record, is as horrible as one might imagine. WFTV is not joining the legal battle to get the video.
VIDEO REPORT: Judge Doesn't Make Video Decision
The judge is considering mediation to work out some sort of compromise.
Dawn Brancheau's mother sobbed quietly in court Wednesday while lawyers discussed the legal issues involving the SeaWorld video and sheriff's office photos taken after Tilly the killer whale grabbed the veteran trainer by the hair and pulled her under.
Exactly one month after the drowning, the pain was showing on her husband's face. The family's lawyer, Jon Mills, told WFTV why the video's release would be even more upsetting to Dawn's family.
"It is a depiction of a human being dying and, I believe, that's probably illegal in some places, so I don't think anybody wants to see that," Mills said.
Judge Lawrence Kirkwood suggested SeaWorld has a stronger legal argument to keep its recording private, based on copyright laws.
"Your honor, there's no question the family's privacy is superior. We're simply bootstrapping," SeaWorld attorney Gregory Herbert said.
A media attorney told the judge a compromise might be possible through mediation, perhaps allowing the media to view the video but not make copies of it, as has been done in other cases. But the family's lawyer says the video doesn't answer the question most people have.
"Some people want to see it to find out how it happened so that it doesn't happen again. It doesn't depict that at all," Mills said.
The family's lawyer would not say whether the family plans to sue SeaWorld over Dawn's death, but WFTV found out her husband might be limited to worker's compensation, no more than $150,000 plus funeral expenses.
WFTV legal analyst Bill Sheaffer said there is another possibility.
"If the family should find out SeaWorld knew there was a danger and did not warn the employee, or did not protect the employee from the danger, there may be a legal basis to file a lawsuit," he said.
A civil lawyer told WFTV keeping SeaWorld's videotape private for now could help any lawsuit Dawn's family might file, because it would have more impact if a judge or jury is seeing it for the first time. The tape is under seal at least until the judge makes a decision.
Previous Stories: March 19, 2010: Trainers Have New Toothbrush For Killer Whale March 16, 2010: SeaWorld Trainer Video Won't Be Released March 9, 2010: PETA Flies Banner Over SeaWorld Demanding Whale Release March 9, 2010: SeaWorld, Family Want Whale Attack Video Suppressed March 4, 2010: 911 Calls Released In SeaWorld Trainer Death March 2, 2010: Witnesses: Whale Refused To Unclench Teeth February 28, 2010: SeaWorld's Whale Show Resumes After Trainer Death February 26, 2010: Ex-Head Trainer At SeaWorld: "She Made A Mistake" February 25, 2010: PETA Speaks Out On SeaWorld Trainer Death February 25, 2010: Personal Story: SeaWorld Trainer Dawn Brancheau February 25, 2010: Should Tilikum Be Returned To The Wild? February 25, 2010: Slain Whale Trainer Had True Passion For Job February 25, 2010: SeaWorld Guests React Day After Whale Attack February 25, 2010: Whale Pulls Trainer Off Platform By Hair In Fatal Attack February 24, 2010: Whale Kills Female Trainer At SeaWorld's Shamu Stadium