Judge rebuffs call to release Columbine killers' 'basement' videos
By The Associated Press
05.28.02
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A judge in Colorado last week rejected a request to release "basement videotapes" of the Columbine gunmen and other evidence seized from their homes.
Judge Brooke Jackson said on May 23 that the items did not fall under the Colorado Criminal Justice Records Act, meaning Jefferson County was not required to release them to the public.
The videotapes had been requested by The Denver Post and the Threat Assessment Group, a Newport Beach, Calif.-based team of psychiatrists and a former FBI profiler. The sheriff's office has allowed reporters to watch the tapes, but did not release copies to the public.
The newspaper also sought other evidence confiscated from Eric Harris' and Dylan Klebold's homes, including medical records, school papers and other writings.
Among the seized evidence, according to Jackson's order, were writings by Harris' father, Wayne Harris, apparently done after the two teens were arrested in a January 1998 van break-in.
Meanwhile, the Jefferson County coroner said on May 21 that autopsy records of criminals like the gunmen who killed 13 at Columbine High School should be made public.
Coroner Carl Blesch supported members of the Columbine Records Review Task Force who suggested the state Legislature remove restrictions on autopsy records of criminals so victims can get a better understanding of why the crime occurred.
Sue Petrone, whose son Daniel Rohrbough died in the attack, said Klebold's parents should not have the last word on which records are made public.
Klebold's parents obtained a court order to seal his autopsy report. Harris' autopsy report has been made public.
Attorney General Ken Salazar has asked the state Court of Appeals to review Jackson's court order. A ruling is expected in the next few months.
"For someone who murders people, to me that person has lost their right to privacy," Petrone told the panel.
Salazar noted in his request that the Klebold autopsy report is one instance of continuing nondisclosure of public records that contributes to the perception that the public is not being provided with all the information about the Columbine tragedy.
A judge ordered the records sealed even though Blesch, custodian of the records, did not object to their release. The judge ruled the documents posed a threat of substantial injury to the public.
State law makes post-mortem exams public records, but makes exceptions for records the custodian or a judge feels are not in the public interest. Medical and psychological reports are also excluded because of potential embarrassment to relatives.
Some of the autopsies of the victims, including Rohrbough's, have already been released, while others have been sealed since April 20, 1999, when Harris and Klebold killed 12 students and a teacher before killing themselves.
Family members also expressed continuing frustration with the Jefferson County sheriff's office for not releasing thousands of documents the relatives claim Sheriff John Stone is withholding.
Assistant County Attorney Lily Oeffler said there are discrepancies on the number of records because many were duplicates that later were removed, and because police agencies made their own decisions on which documents should be withheld under a judge's order.
"You can't produce what you don't have," she told the families.
In another development related to the Columbine tragedy, late last week several grocery chains in Colorado refused to carry the May 24 editions of a supermarket tabloid that published leaked photographs of the gunmen's bloodied bodies.
The National Enquirer published the leaked crime-scene photographs May 24 along with an article alleging Harris killed Klebold. Authorities have said the two committed suicide.
Safeway, 7-Eleven, King Soopers and City Market stores in Colorado refused to carry the May 24 edition of the tabloid.
"We made the decision out of respect for the victims and family members that were impacted by the Columbine tragedy," Safeway spokesman Jeff Stroh said.
Sheriff's spokeswoman Jacki Tallman said authorities had not discovered the source of the leaked crime-scene photographs. She said the department would pursue theft or official misconduct charges against anyone found to be involved.
Enquirer editor David Perel refused to say how he got the pictures or whether he paid for them, though he said money was spent investigating the case.
Update
List of Columbine records released
But documents aren't necessarily open to public.
07.27.02
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