E-Mail This | Print This
By Karen AbbottDenver Rocky Mountain News Staff Writer
Thirty lawyers crowded into a federal courtroom in Denver for a planning session Monday in the legal battle over the Columbine shootings, and most were ordered to redraft their lawsuits because they aren't clear enough. U.S. District Judge Lewis Babcock also gently chided one lawyer for several families for wearing a pin memorializing the victims. The pewter pin was designed by the parents of slain Columbine student Kyle Velasquez. It depicts a ribbon forming a heart and bears the words "Never Forgotten." "I wear it with pride wherever I go, but I guess I'll take it off in the judge's courtroom," Jim Rouse said afterward. He represents the Velasquez family and others. "I'll put it in my pocket next time, what the heck." On Monday, Babcock announced a rule banning the wearing of memorial jewelry, ribbons or any other symbol in court. He said law enforcement officers involved in the civil cases can't wear their uniforms to court, either. "It's going to be a level field," Babcock said. U.S. District Judge Richard Matsch issued the same order in the highly emotional criminal trials of Timothy McVeigh and Terry Nichols for the 1995 Oklahoma City bombing. Babcock said only the lawyers for the Dave Sanders family — Peter Grenier of Washington, D.C., and Bruce Jones of Denver's Holland & Hart law firm — wrote a complaint making it clear whether they believe the numerous defendants acted in their official capacities or as individuals. Sanders, a science teacher, died of gunshot wounds before rescuers reached him hours after gunmen Eric Harris and Dylan Klebold attacked their south Jefferson County school in April 1999. Attorneys for 15 other victims and their relatives must draft new complaints, Babcock said. The distinction between individual and official capacities is important, because Babcock's first decision will be who is legally immune from lawsuits. Whether a person was acting in an individual or official capacity impacts his or her immunity. Whatever Babcock decides, he said he expects his decision to be immediately appealed. "I realize that we're not going to be going to trial immediately," he said dryly. But he said he wants to move the lawsuits along quickly. "There's no denying the importance of these cases to the community — indeed, perhaps even our nation," Babcock said. "I want ... to set a hard schedule and not deviate from it." But he was thwarted almost immediately, first by the news that a state judge in Jefferson County gave the sheriff's department no deadline for turning over 40 volumes of investigative materials to plaintiffs. That pushed the federal court schedule a month later than Babcock had planned. He said he will call the state judge to ask that proceedings in that court move as quickly as possible. Babcock ordered plaintiffs' lawyers to file their new complaints by Nov. 30 and at first gave defendants' lawyers until Dec. 15 to respond. Assistant Jefferson County attorney Bill Tuthill, representing numerous county government defendants, said that wasn't enough time. "Well, guess what?" Babcock said — then relented and granted another week, until Dec. 22. Contact Karen Abbott at (303) 892-5188 or abbottk@RockyMountainNews.com. October 24, 2000
Thirty lawyers crowded into a federal courtroom in Denver for a planning session Monday in the legal battle over the Columbine shootings, and most were ordered to redraft their lawsuits because they aren't clear enough.
U.S. District Judge Lewis Babcock also gently chided one lawyer for several families for wearing a pin memorializing the victims.
The pewter pin was designed by the parents of slain Columbine student Kyle Velasquez. It depicts a ribbon forming a heart and bears the words "Never Forgotten."
"I wear it with pride wherever I go, but I guess I'll take it off in the judge's courtroom," Jim Rouse said afterward. He represents the Velasquez family and others.
"I'll put it in my pocket next time, what the heck."
On Monday, Babcock announced a rule banning the wearing of memorial jewelry, ribbons or any other symbol in court. He said law enforcement officers involved in the civil cases can't wear their uniforms to court, either.
"It's going to be a level field," Babcock said.
U.S. District Judge Richard Matsch issued the same order in the highly emotional criminal trials of Timothy McVeigh and Terry Nichols for the 1995 Oklahoma City bombing.
Babcock said only the lawyers for the Dave Sanders family — Peter Grenier of Washington, D.C., and Bruce Jones of Denver's Holland & Hart law firm — wrote a complaint making it clear whether they believe the numerous defendants acted in their official capacities or as individuals.
Sanders, a science teacher, died of gunshot wounds before rescuers reached him hours after gunmen Eric Harris and Dylan Klebold attacked their south Jefferson County school in April 1999.
Attorneys for 15 other victims and their relatives must draft new complaints, Babcock said.
The distinction between individual and official capacities is important, because Babcock's first decision will be who is legally immune from lawsuits. Whether a person was acting in an individual or official capacity impacts his or her immunity.
Whatever Babcock decides, he said he expects his decision to be immediately appealed. "I realize that we're not going to be going to trial immediately," he said dryly.
But he said he wants to move the lawsuits along quickly.
"There's no denying the importance of these cases to the community — indeed, perhaps even our nation," Babcock said.
"I want ... to set a hard schedule and not deviate from it."
But he was thwarted almost immediately, first by the news that a state judge in Jefferson County gave the sheriff's department no deadline for turning over 40 volumes of investigative materials to plaintiffs. That pushed the federal court schedule a month later than Babcock had planned. He said he will call the state judge to ask that proceedings in that court move as quickly as possible.
Babcock ordered plaintiffs' lawyers to file their new complaints by Nov. 30 and at first gave defendants' lawyers until Dec. 15 to respond. Assistant Jefferson County attorney Bill Tuthill, representing numerous county government defendants, said that wasn't enough time.
"Well, guess what?" Babcock said — then relented and granted another week, until Dec. 22.
Contact Karen Abbott at (303) 892-5188 or abbottk@RockyMountainNews.com.
October 24, 2000
