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A task force investigating the Columbine High School shootings is poised to fight the destruction of depositions from the killers' parents, officials said Monday. The Columbine Open Records Task Force is expected to file court papers arguing that the depositions and possibly other material have potential value in unlocking the remaining secrets of Columbine and preventing future school shootings.
"I don't know what's in them, but I think the information has got to be important," said task force member John Ireland, whose son, Patrick, was injured in the April 20, 1999, shootings. He added: "Some of the information they get from these depositions could clearly, clearly point out warning signs."
Depositions from the parents of killers Eric Harris and Dylan Klebold were taken as part of a wrongful-death lawsuit brought against them by the parents of five slain students. Harris and Klebold killed 12 students and a teacher before taking their own lives in the deadliest school shooting in U.S. history. The lawsuit against the parents was settled in August and the depositions were sealed.
Last week, federal magistrate Patricia Coan ruled that the depositions and other materials be destroyed. Coan also allowed for the destruction of items from a related lawsuit against the manufacturer of the drug Luvox, which was found in Harris' system at the time of the shooting. Coan said there would appear to be "no further purpose, need or use" for the depositions because the case had been settled. Victims' families have angrily opposed the move. Colorado Attorney General Ken Salazar and Jefferson County District Attorney Dave Thomas founded the task force. Solicitor General Alan Gilbert, the attorney general's representative on the task force and its chairman, said Monday the order to destroy the depositions was rare. "I have never run into a case before where a court actually ordered the documents destroyed," he said. Gilbert said Monday he has been polling task force members to see if they want to enter the legal fray and has not encountered any opposition. "We haven't had a final decision from the task force," Gilbert said, "but it sure looks like we're going to (file court papers)."
Tuesday is the deadline to appeal the destruction order. The attorney general himself is also expected to file papers opposing the destruction, in addition to any action the task force takes, Gilbert said. Frank Patterson, an attorney for Tom and Susan Klebold, could not say whether he would oppose such actions by the attorney general and the task force. "I guess I would have to see what the attorney general's plan is and what his request is and how he goes about asking the judge," Patterson said. Patterson maintains that the documents have nothing to offer. "To suggest there is something in the depositions that would support the claims (of the victims' families), or would be beneficial to the public, is simply false," he said. He added: "There was never any evidence of responsibility or culpability on the part of the parents." Gilbert, and the victims' families, see the documents as a crucial piece of the public record. "The interest is, on behalf of the task force, to make sure that the lessons of Columbine are learned," Gilbert said. "These documents potentially have information that is valuable to the public."
Gilbert said the task force and attorney general will first have to file papers asking to be recognized as parties to the case. In those same documents, Gilbert expects to argue the importance of preserving the documents. The task force, Gilbert added, also may ask for an inventory of significant items in the court cases. Brian Rohrbough, whose son Daniel was killed at Columbine, was among the parents who sued Wayne and Katherine Harris and the Klebolds. He believes the depositions should be preserved, in part because they counterbalance the police version of events. And he was pleased that the attorney general recognizes the significance of the documents. "There might be information in here, contained in these documents, that would be valuable in understanding why things happened the way they did," Rohrbough said.
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