from www.chronicle.augusta.com – A DeKalb County Superior Court judge has issued a temporary restraining order that bars the Georgia Bureau of Investigation from releasing crime scene photos of slain hiker Meredith Emerson to Hustler magazine.

Emerson’s family sued the GBI on Tuesday, asking for an order to prevent authorities from releasing the photos to protect the privacy of the slain University of Georgia graduate.

Emerson, 24, who lived in Buford and worked in Winder, was abducted Jan. 1, 2008, while hiking with her dog near Blood Mountain in North Georgia.

Gary Michael Hilton, a drifter with a record of petty crimes, held her captive for three days before beating her to death. Hilton pleaded guilty to the murder and received a life sentence for the crime, and is awaiting trial for a similar crime in Florida.

State lawmakers and law enforcement officers have condemned Hustler’s Open Records Act request for photos of Emerson’s decapitated body.

The Meredith Emerson Privacy Act, which would bar law enforcement agencies from releasing such photos in the future, is pending in the state General Assembly.

ATLANTA (WABE) – A DeKalb County judge has issued a temporary restraining order that bars the release of photos of slain Georgia hiker Meredith Emerson. State lawmakers and law enforcement officials were outraged earlier this week when Hustler Magazine requested the gruesome photos under the Open Records Act.

In July 2008, Emerson, a 24-year-old University of Georgia graduate, was found raped and beaten to death in a north Georgia forest.

In response to the Hustler request, DeKalb Judge Dan Coursey has blocked the Georgia Bureau of Investigation from releasing the crime scene photos. He said their release would do “irreparable harm” to the family.

WABE legal analyst Page Pate says even if the judge didn’t issue the order, GBI had a legal basis for denying the request itself.

“GBI can rely on an existing exemption under the Open Records Act request which allows them to withhold material that would create an invasion of privacy,” said Pate.

As result of Hustler’s request, a bill was proposed earlier this week that would allow the state more discretion in withholding crime photos. Even if the bill is passed, it will have no bearing on Hustler’s current request.