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Columbine countdown

Judge sets deadline to appeal order to destroy documents

Published September 26, 2003 at midnight

A federal magistrate has ordered the destruction of the only recorded statements given by the parents of Columbine killers Eric Harris and Dylan Klebold, a move that has infuriated some victims' families.

The judge also wants to destroy other material once deemed worthy of "special handling and security" and close the off-limits room where the evidence is stored.

The five Columbine families who sued Wayne and Kathy Harris and Tom and Sue Klebold to force them to talk about their sons learned about the order Thursday.

"You've got to be kidding me," said Ann Kechter, whose eldest son was killed at Columbine High. "I think the public should learn what we've learned, and I think if they did there would be an uproar. But once again, the parents of the murderers are being protected and so is law enforcement and the schools.

"Doesn't that raise a red flag?"

The families have until Oct. 7 to appeal, an option that further outraged Kechter.

"So we have to spend more money in trying to get out the truth of what really happened? Oh my God, I cannot believe this," she said.

Columbine parent Judy Brown, who unsuccessfully warned the Jefferson County Sheriff's Office and the Harrises about Eric Harris' violent nature, also was deposed. Her statements, too, are scheduled to be destroyed.

"I am just sick," Brown said Thursday. "I think the public has a right to know what went on in Eric Harris and Dylan Klebold's homes."

The families who were present for the killers' parents' depositions the last week in July said a court order prevents them revealing what they learned.

But the order by U.S. Magistrate Judge Patricia Coan provides a glimpse.

It states that during their depositions, the Harrises and the Klebolds made "frequent and multiple references" to writings that have not been released to the public and to various videotapes.

The gunmen in the months before the massacre filmed themselves talking about their plot to blow up the school. In addition, shortly after the shootings it was revealed that the gunmen made a video for a class in which they were armed.

Neither the Klebolds' or Harrises' attorneys returned a call Thursday seeking comment. Their attorneys have advised the court they have no objection to destroying the depositions and other evidence.

Some material already has been returned to the gunmen's parents, according to the order.

Coan's order was issued earlier this week.

"The court has considered that there would appear to be no further purpose, need or use for any of the five depositions to remain in existence because the case has been settled," the judge cited as one factor in ordering the depositions destroyed.

Her order also details the extreme secrecy surrounding the depositions and evidence in what she called "this unusual case."

Eric Harris and Dylan Klebold, seniors at Columbine, attacked their school on April 20, 1999. They killed 12 students and a teacher and wounded about two dozen others before killing themselves.

The massacre spawned a series of lawsuits.

Coan's order involves two cases: a wrongful death lawsuit filed against the gunmen's parents by the families of five slain Columbine students, and a lawsuit filed against the maker of the drug Luvox, which Eric Harris was taking.

The Luvox case was settled in February; the case involving the families was settled in August.

The order states that in the Luvox lawsuit "a special room was set aside in the courthouse in 2002 to house particular documents and materials deemed to be worthy of special handling and security."

A special master appointed to oversee the evidence room had the lone key. Those who entered to inspect evidence were bound by a court order preventing them from revealing anything they saw or read.

In addition, attorneys were not allowed to copy certain materials.

The evidence includes documents and items from the Jefferson County school district, sheriff's office and coroner, and materials provided by Kathy and Wayne Harris and Tom and Sue Klebold, the order states.

Although the Luvox case was settled, the evidence was of "potential interest" in the families' lawsuit and so the court continued to maintain the evidence room, according to the court record.

The latest material to be added to the room involved the depositions of the gunmen's parents and Brown. Not all of the depositions had been transcribed, so computer disks from the court reporter were turned over, according to the court order.

The victims' families' lawyer, Barry Arrington, does not have any copies of the depositions, although he told the court he recently received a bill of $3,000 from the court reporter.

Also, the families had to pay the special master $250 an hour any time they needed to view evidence and for four days of depositions.

Arrington could not be reached for comment, but the families will appeal this latest order, said Brian

Rohrbough, whose son was the second student gunned down at Columbine.

"This is very troubling that, once again, a government agency wants to hide the truth about Columbine," Rohrbough said. "We spent a tremendous amount of money for these depositions."

Rohrbough said the depositions should be made public, although they are sealed because of what is called a "protective order."

"The only ones this order protects are the government officials who have something to hide and the families who raised the murderers," he said. "It does not protect the public in any way."

When asked if he would have ended the lawsuit if he knew the depositions would be destroyed, Rohrbough replied: "I wouldn't have settled."





or (303)892-5327. Staff writer Kevin Vaughan contributed to this report.

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