Last week Jefferson County District Judge Brooke Jackson began ordering classified materials released to the families over the sheriff's heated objections. Families were to able to view the material only in the department's offices, and were forbidden from disclosing the contents. Monday Jackson issued a new ruling requiring the department to release the long-delayed "final report" to families by May 15, whether or not editing is complete. He also directed them to immediately release the video to the families. The new rulings impose no gag orders on the families, but Rohrbough's attorney Jim Rouse said the old order forbidding them from discussing the draft final report remains in place until they receive the updated version.
"This short video includes some footage shot inside the school, including the library, that may be difficult for some viewers," Jackson wrote. "However, there is no compelling public interest consideration that requires that the video or any part of it not be disclosed under the Open Records Act."
Tuesday County Attorney Frank Hutfless stunned the families by announcing the videos would be released to the public as well as the families. Hutfless released a brief statement with the videos, citing the judge's ruling. "Because the judge said the tapes should not be kept closed under the Open Records Act, the county attorney made the decision to release the tapes to the public as well. This is in order to avoid additional lawsuits by the public or news media that would likely result in the release of the report to the general public."
The statement did not specify whether the same logic would apply to the final report, or other material Jackson is expected to release soon. Sheriffs' and county officials otherwise refused comment.
The sheriff's department has spent the past year touting the 200- to 300-page investigative report as the last word on the massacre. They say it will clear up most of the mysteries. Officials say it will also exonerate the department of charges that it should have allowed SWAT teams to storm the building before Harris and Klebold killed 12 students, one teacher and finally themselves. But it suddenly appears likely that the report may be overshadowed by a much greater store of data.
Many of the attorneys have suggested the official report will be little more than a whitewash in areas concerning the department itself, and they have their eyes set on 200 volumes of supporting material. Those volumes were demanded in the lawsuit which first began opening up the material last week, but Jackson said he would delay ruling on the data until he could personally review it. He has since announced he is working nights and weekends to complete the review and is expected to rule within days.
So far Jackson has released every item he has reviewed, and his recent rulings have been free from gag orders. Attorney Arrington said he expects a favorable ruling on the 200 volumes this weekend.