Today the Colorado Supreme Court is hearing arguments concerning the release of the “basement tapes†made by Columbine High killers Eric Harris and Dylan Klebold. The material in question includes diaries, videos, and some audio recordings the two boys kept before the April 1999 massacre.
The New York Times today ran a story from the Associated Press. The following quote is from that story:
“At the heart of the dispute is a question that District Judge Brooke Jackson said has never been considered by Colorado's courts: Does private property seized under a search warrant become public record?â€
Steven Zansberg, the attorney for the Denver Post, is arguing, “tapes and writings are public records because they were used in the sheriff's investigation and remain in the department's custody.â€
The Klebolds, Harrises, and their attorneys along with the Assistant Jefferson County Attorney are arguing that “releasing private property seized under a search warrant would set a dangerous precedent that threatens the privacy rights of all Colorado residents and businesses.â€
I think it would be wrong for these tapes and diaries to become public records for a few of reasons:
1. If all material seized under a search warrant became public record citizens' privacy would be lost. I agree with Assistant Jefferson County Attorney Lily Oeffler when she says ''Under this ruling, one's most private and intimate records would now be fair game for the press, a disgruntled business associate, an ex-wife or anyone to leaf through simply because a search warrant was granted.'' Family secrets and business strategies would be out there for everyone to see.
2. In this case especially what would be the added value of releasing videotapes of Klebold and Harris talking about the gruesome things they planned to do to their classmates and teachers? I think it would be against public interest and actually do more harm than good. These people had to live through this awful massacre and many have lost loved ones and friends. If the press got a hold of these tapes I think it would be offensive to show them to the public.
3. With these records available to the public you run the risk of other kids looking at them and perhaps concocting a copycat plan. There have been numerous problems with kids copying what they see on tv and in video games in real life. Most of them are so young that they don’t have the capacity to understand the reality of their actions or the consequences.
4. The Kelbold and Harris families have already been through enough. Not only do they have to live with what their children did, they have to live the rest of their lives without their children. Their guilt and misery is substantial and they don’t need what their kids did re-hashed all over again on the evening news and in the daily newspaper. They also don't need more ridicule from their neighbors.
Howard Pankratz from the Denver Post covers a recent story where the Colorado Supreme Court found that releasing hundreds of romantic and sexually explicit emails between a former County Clerk and an employee were not public record material. I hope they rule in the same fashion for the Columbine case.
We have been arguing about whether or not journalists should show dead bodies left behind by hurricane Katrina, is this much different? It’s horrific and, I believe, offensive. These kids were obviously sick – and what they did was horrifying. Let’s let the victims deal with their loss without re-fueling their sorrow.
James P Caldwell @ September 13, 2005 - 5:13pm
I agree that these tapes should not be released publicly, with the first reason possibly being the strongest, but the following no less legitimate.
Automatically making public record anything seized under a search warrant would seem to be a dangerous business. It could potentially harm an investigation, among other things.
However, I think the issue of releasing these tapes is much different than that of photographing the dead from Katrina.
I believe that those photos, while graphic and disturbing, served a purpose by starkly informing the public of one aspect of what was happening while at the same time hopefully raising the public's consciousness of what it meant that there were dead left unattended for days.
The release of these tapes serves no purpose. I agree that their release would set a dangerous legal precedent, unnecessarily exacerbate the families sorrow and potentially spur other disturbed kids to terrible action.
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