"We really don't know who took the photos "
It was a photographer from the photo agency Getty. They took the photos of the BABY for planned release to the media. It was just fate that Daniel was even in the photos.
Her people didn't have to think about what to do with the photos because they were always in the hands of Getty who auctioned them off just as had been agreed before Daniel even died.
Thank you for clarifying that. Btw, Hollywood Grind, is now posting that DS was hospitalized, for several days, in an CCU for an elevated heartrate and stomache problems. It also reports the drugs were the scripts Lexapro (anti-depressant) and Ambien (sleep aid).