Questions for killers' families

In suit, Rohrboughs seeking to interview Harrises, Klebolds

Kevin Vaughan, Rocky Mountain News

Wednesday, October 13, 2004

The family of Columbine victim Dan Rohrbough is seeking permission to question the parents of killers Eric Harris and Dylan Klebold under oath as part of a lawsuit against a former sheriff's deputy who claimed he saw the boy murdered on a sidewalk near the school.

Earlier depositions of the two couples were sealed by a federal magistrate, and the Klebolds and Harrises are fighting the attempt to question them again, alleging that the new effort is an attempt to evade the earlier ruling and to "harass or annoy" the two families.

"They're the ones that fought so hard to keep their depositions from the federal case sealed," said Barry Arrington, the attorney for Rohrbough's parents. "If they hadn't done that, I would be able to use the federal depositions."

Those depositions were taken in federal lawsuits filed against the two families by the parents of several students murdered at Columbine. When those suits were dismissed, a magistrate ordered that the depositions be sealed.

Gregg Kay, the Klebolds' attorney, called the new effort by Rohrbough's parents "an attempt for a second bite of the apple."

C. Michael Montgomery, the Harrises' attorney, did not return a call left at his office Tuesday afternoon.

Jefferson County District Judge James Zimmerman is considering motions from the Klebolds and the Harrises to block the depositions or seal them if they are conducted.

The effort to question Tom and Sue Klebold and Wayne and Kathy Harris under oath comes in a lawsuit filed by Rohrbough's parents against former Arapahoe County sheriff's Deputy James D. Taylor.

Dan Rohrbough was a 15-year-old freshman when he was shot and killed, along with 11 other students and a teacher. Harris and Klebold also wounded more than 20 others before killing themselves.

Brian Rohrbough and Sue Petrone accused Taylor of defamation, negligence and outrageous conduct, alleging that he told them he had seen their son running from Columbine on April 20, 1999, only to be cut down by a bullet.

Those statements, which Taylor later admitting making, were part of the evidence that led Rohrbough's parents to allege their son was fatally shot by a police officer. An independent investigation found that he was not.

Taylor was fired from his law enforcement job as a result of his statements to Rohrbough's parents.

The lawsuit against him is scheduled for a jury trial Nov. 30.

In a court filing in early September, Taylor named 29 individuals and companies as "nonparties at fault," alleging that "these persons and entities are responsible" for events that are the basis for the lawsuit's allegations of defamation, negligence and outrageous conduct. In addition to the Harrises and the Klebolds, Taylor named CBS News, the Rocky Mountain News, The Denver Post, the Jefferson County Sheriff's Office, Jefferson County District Attorney Dave Thomas, former Sheriff John Stone, and several Columbine victims and their families.

Arrington said Tuesday that he has no plans to depose anyone on the list besides the Harrises and Klebolds "at this time."

The Klebolds and Harrises contend that subjecting them to depositions would constitute harassment and an evasion of the earlier federal court ruling and would violate their privacy. In filings submitted to the court Tuesday, Arrington argued that deposing the Klebolds and the Harrises is allowed. He also argued that the two families don't have "good cause" to have their depositions sealed.