Judge agrees they need Columbine investigation before deadline to file suit against department

By Sue Lindsay
Denver Rocky Mountain News Staff Writer

JEFFERSON COUNTY — Two families of students slain at Columbine High will get to see the sheriff's report on the nation's worst school shooting before anyone else.

A judge Monday ordered the Jefferson County Sheriff's Department to show its draft report of the April 20 tragedy to parents of Daniel Rohrbough and Kelly Fleming and their lawyers.

They are considering suing the sheriff's department and county for failing to adequately protect their children.

"I have waited almost a year now to learn the final moments of my son's life," said Brian Rohrbough, Daniel's father. "I'm still seeking that.

"At every step, I believed the system would give us the answers. Once they pushed that to beyond the statute of limitations, we had to go to court."

The sheriff's department had said the report wouldn't be released until after the April 20 anniversary, but state law requires claims against the county to be filed within a year.

Barry Arrington, who represents the Flemings and Rohrboughs, said he suspects the county was trying to delay the report's release as long as possible.

"They've had a year," he said. "That's plenty of time to check the details. The American people have the right to know exactly what happened, what the evidence is and let the chips fall where they may."

Lead investigator Kate Battan said the report is being edited and the 200 volumes of investigative background are being organized and cross-indexed.

The Rohrboughs and Flemings sued to get the investigation report and other material, saying they needed it to determine whether to file a lawsuit against the county by the statutory deadline.

On April 20, students Dylan Klebold and Eric Harris went on a rampage inside the school, killing 13 people and wounding about two dozen others before taking their own lives.

Seventeen other families have filed notice that they intend to sue the county, as well. It was unclear Monday whether those families would seek similar access to the report.

Jefferson County District Judge Brooke Jackson ordered the report and 911 tapes be made available to the two families and attorneys but said no copies could be made and the contents could not be revealed to others.

He denied the families' request for 200 volumes of investigatory material, because he said he would have to review it first before releasing it and there isn't enough time before the deadline.

Jackson also ordered that helicopter videotape of the scene and a Littleton Fire Department training film be made available to the families.

However, the judge denied access to ballistics reports and the school library videotape because he said these items aren't critical to making decisions about filing a lawsuit.

"The government's position has been to give no information or say we'll tell you what you need to know," said Arrington. "In his ruling today, the judge said, no, you won't tell us what we need to know."

Assistant County Attorney Lily Oeffler fought release of the material, saying it could make other students targets of harassment and could harm the pending criminal case against Philip Duran for his alleged role in helping supply a gun to Harris and Klebold.

She declined comment after the judge's ruling.

"We feel that further discussion of litigation is not appropriate during this week of remembrance," said Jefferson County Attorney Frank Hutfless.

The battle over the records came as victims' families prepare for the one-year anniversary of the tragedy.

Seventeen families also have filed notices of intent to sue the Jefferson County School District.

The deadline for filing lawsuits varies. Bill Kowalski, attorney for Jefferson County schools, said the legal deadlines for filing lawsuits are complex, but generally are two years after the event for most claims.

However, claims against peace officers must be filed within a year.

The parents of Isaiah Shoels, who was killed in the shooting, are the only victims to actually file a lawsuit so far. Michael and Vonda Shoels sued the parents of Klebold and Harris as well as those who helped the teen gunmen arm themselves.

That lawsuit is in its early stages. The judge hasn't yet decided whether Michigan lawyer Geoffrey Fieger will be permitted to represent the Shoels family.

Attorneys for the Shoels family said they will file another lawsuit this week charging the sheriff's department could have done more to prevent the shooting.

They, too, complained about the lack of access to police reports.

"We've had no ability to investigate this crime whatsoever," said Douglas Raymond, an attorney for the Shoels family. "The sheriff has controlled access to all information."

The Shoelses' lawsuit will charge that the sheriff's department failed to provide "adequate security" for Columbine students and wasn't adequately armed or trained to respond quickly enough to the shooting, Raymond said.

The lawsuit also will charge deputies failed to act on disturbing reports about Harris and Klebold making harassing and threatening remarks of a racial nature in the months before the shooting.

"They botched the whole thing from the start," Michael Shoels said. "Why didn't they go in the door all the kids were coming out of to stop them from shooting more people?"

Contact Sue Lindsay at (303) 892-5181 or lindsays@RockyMountainNews.com. Staff Writers Karen Abbott and April Washington contributed to this report.