Judge weighs request to withhold investigation records

Actor Gene Hackman with wife Betsy Arakawa in June 1993

A New Mexico court is weighing whether to block the disclosure of an array of records from an investigation into the deaths of actor Gene Hackman and his wife, Betsy Arakawa, at the request of the couple’s estate.

Santa Fe-based Judge Matthew Wilson scheduled a hearing today [Macau time] to consider a request from estate representative Julia Peters to seal photos, video and documents to protect the family’s constitutional right to privacy. The court put a temporary hold on the release of records pending the hearing.

The partially mummified remains of Hackman and Arakawa were found in their Santa Fe home on Feb. 26, when maintenance and security workers showed up at the home and alerted police. Authorities have confirmed Hackman, 95, died of heart disease with complications from Alzheimer’s disease about a week after his wife’s death. Hackman may have been unaware Arakawa, 65, was dead.

Her cause of death was listed as hantavirus pulmonary syndrome, which is a rare, rodent-borne disease.

New Mexico’s open records law blocks public access to sensitive images, including depictions of dead bodies. Experts also say some medical information is not considered public record under the state Inspection of Public Records Act.

Peters has emphasized the possibly shocking nature of photographs and video in the investigation and potential for their dissemination by media in the bid to block them from being released.

The Hackman family estate’s lawsuit also seeks to block the release of autopsy reports by the Office of the Medical Investigator and death investigation reports by the Santa Fe County Sheriff’s Office.

The bulk of death investigations by law enforcement and autopsy reports by medical investigators are typically considered public records under state law in the spirit of ensuring government transparency and accountability.

Authorities unraveled the mysterious circumstances of the couple’s deaths and described their conclusions at a March 7 news conference without releasing most related written and photographic records.

One of the couple’s three dogs, a kelpie mix named Zinna, also was found dead in a crate in a bathroom closet near Arakawa. Two other dogs survived.

The written request to seal the records notes the couple placed “a significant value on their privacy and took affirmative vigilant steps” to safeguard it during their lives, including after they moved to Santa Fe and Hackman retired. The state capital is known as a refuge for celebrities, artists and authors.

Arakawa had no children, while Hackman is survived by three children from a previous marriage. Privacy likely also will play a role as the couple’s estate is settled. According to probate court documents, Hackman signed an updated will in 2005 leaving his estate to his wife, while the will she signed that same year directed her estate to him. With both of them dying, management of the estate is in Peters’ hands.

A request is pending to appoint a trustee to administer assets in two trusts associated with the estate. Without trust documents being made public, it’s unclear who the beneficiaries are and how the assets will be divided.

Attorneys who specialize in estate planning in New Mexico say it’s possible more details could come out if there were any legal disputes over the assets. Even then, they said, the parties likely would ask the court to seal the documents. MORGAN LEE, SANTA FE, MDT/AP