County tells Owens release of videos made by killers could cause copy-cat crimes

By Charley Able
Denver Rocky Mountain News Staff Writer

GOLDEN — A public release of videotapes recorded by the Columbine High killers would open a "Pandora's Box of consummate hate and evil," and lead to copy-cat crimes, Jefferson County believes.

That conclusion is in a letter by County Attorney Frank Hutfless sent to Gov. Bill Owens and his Columbine Review Commission explaining why the county won't release the tapes to the panel looking into the rampage.

The Denver Rocky Mountain News obtained the letter Monday.

Hutfless' Oct. 19 letter argues that public release of the tapes "would sensationalize the killers and possibly portray them as cult heroes.

"How to avoid opening a 'Pandora's Box' of consummate hate and evil that these tapes represent, while simultaneously learning as much as possible from this tragedy, is a policy question we all need to carefully consider."

The Columbine Review Commission is charged with assessing authorities' response to the tragedy. But Jefferson County Sheriff John Stone has refused to speak publicly before the commission, citing pending lawsuits filed by victims and their families, and the county has refused to turn over the killers' tapes.

Portions of the 31/2-hour expletive-laced tapes show Eric Harris and Dylan Klebold holding weapons and describing their anger and feelings of alienation, and what they intended to do. One tape segment was filmed within hours of the shooting.

The videos were found in Harris' home, and both the Klebold and Harris families claim ownership and want them kept private.

Stone showed the tapes to the media and some of the families of victims in December after their existence was revealed. Then in January, Stone asked a federal judge to decide whether he could release them to the public in general under copyright laws. The request is still pending.

Hutfless' letter comes in response to the commission's request to view the tapes made before the rampage on April 20, 1999.

Hutfless left open the possibility of allowing the commission to view the tapes if the county was assured they wouldn't be publicly released.

"The good news is that Mr. Hutfless seems to be opening the door slightly in suggesting alternatives for disclosing the tapes to the commission," Owens said.

"In fact, this is all the commission wants, disclosure of the tapes so commission members may view them."

Owens said the prospect could allow commission members to view the tapes in the "privacy of the sheriff's office."

But former Colorado Supreme Court Justice William Erickson, chairman of the commission, said the letter doesn't go far enough.

"We are going to take such steps as the commission deems necessary to get the information," Erickson said. "We don't view the tapes the way they are viewed by John Stone. We are not seeking them for any purpose other than to determine what recommendations are going to be made regarding the future safety of the schools."

Denver lawyer Tom Kelley, who specializes in open records and freedom of speech issues, said whether Stone can legally release the tapes depends on the federal court considering the case.

"In my opinion, if a judge has ordered that he (Stone) should not release the tapes to anyone, he would have to abide by that order," Kelley said.

"On the other hand, if all a judge has done is say: 'I'm not going to rule on what you can and can't do,' in my opinion, it clearly would not be a violation of the copyright act for Sheriff Stone to loan the commission his copy of the tape."

Contact Charley Able at (303) 892-5020 or ablec@RockyMountainNews.com.