DA requests Columbine inquest (Govt Still Tries To Coverup,Avoid Grand Jury, Ballistics Report Also)

But Rohrbough's dad swiftly asks for delay so victims' families can pursue other options

Jefferson County District Attorney Dave Thomas on Monday formally requested a coroner's inquest to investigate the death of Columbine High School student Daniel Rohrbough. Just as quickly, however, the boy's father said he will ask Coroner Carl Blesch to delay any decision on the inquest until he and other families can finish pursuing other options, including a federal grand jury and a legislative investigation.

Blesch said he expected to decide by Thursday whether to follow through on Thomas' request. Blesch said he welcomes any input from the Rohrbough family as he considers the proposal.

Daniel's parents have alleged that a Denver police officer, Sgt. Dan O'Shea, mistakenly shot and killed the 15-year-old in the chaos at the school after Eric Harris and Dylan Klebold opened fire on their classmates on April 20, 1999.

O'Shea has steadfastly denied the shooting, and, speaking from the front door of his home Monday night, told a reporter, "When the facts of this case come out, you're going to realize I did it right."

An inquest would be carried out by six jurors who would have subpoena power and would be able to take testimony under oath.

Daniel's mother, Sue Petrone, said she was interested in anything that pursues the truth. But she said she is not ready to give up on options other than the inquest.

Jefferson County sheriff's spokeswoman Jacki Tallman said her office had not been formally notified of the request.

However, she said, "We support any decision by the district attorney's office and the coroner regarding the coroner's inquest into Danny Rohrbough's death."

Daniel's parents alleged in a lawsuit filed in April 2000 that a law officer's bullet killed the boy. On Nov. 27, a federal judge dismissed a number of Columbine lawsuits, including the one filed by Daniel's family.

On Dec. 26, the Rohrbough family and the parents of four other Columbine victims filed papers in federal court to revive their lawsuits, naming O'Shea as Daniel's killer. They also cited 29 instances in which they claimed that Jefferson County authorities lied to them.

A deputy who claimed he saw Daniel die -- a claim that was used to support the allegations against O'Shea -- denied making the statements. He was then fired after the families played a tape recording of a conversation with the officer.

Arapahoe County Sheriff Pat Sullivan concluded that the deputy lied to Daniel's family. However, the boy's parents continue to believe that he told them the truth.

They have pushed for a new investigation into the boy's death and a number of inconsistencies in the official version of events presented in the Jefferson County Sheriff's Office's report on Columbine.

Among the options they've pursued is a grand jury, which would have the power to subpoena witnesses and documents, to take testimony under oath and to issue an indictment if it found that a crime had been committed.

However, there is also a drawback: Grand juries are secret proceedings; if no indictment is issued, it's likely that nothing would ever be learned about the investigation.

A coroner's inquest, however, would be an open proceeding used to determine the cause and manner of the boy's death.

The cause is not in dispute: Daniel suffered three gunshot wounds from a 9 mm weapon.

However, two of the bullets -- including the one that inflicted the fatal wound -- passed through his body and were never positively identified.

And the parents have questioned the conclusion that Klebold, after he or Harris first wounded Daniel in the leg, walked down a flight of 22 concrete steps and killed the boy with two shots at close range. Those wounds entered the left side of his chest.

The family believes that Daniel, who fell facedown on the ground, was shot by an officer while running away from Klebold and Harris.

Brian Rohrbough said the openness of an inquest is desirable in some respects but also has a key drawback. If a coverup is afoot, he said, it would be easier for those testifying to know what others have said before them.

"If it is the last option, it is still an option," he said. "However, what it is right now is an attempt to distract us from looking into the corruption that has taken place in law enforcement before, during and after Columbine."

He and other families have pointed to the handling of a report made more than a year before Columbine that Harris and Klebold were building pipe bombs and talking about mass murder. Even though sheriff's investigators prepared a search warrant, they never served it.

Pam Russell, Thomas' spokeswoman, would not release a copy of the prosecutor's request to Blesch. However, she described it as a one-page letter.

It would be up to Blesch to determine whether Thomas would play any role in an inquest, such as the legal counsel to the coroner, Russell said.

Russell said Thomas did not tell Blesch that the request was coming Monday but has discussed it with him for almost two weeks.

"It's really just the logical next step in a situation where the manner and cause of death are being questioned," she said.

She added, "It's just everything surrounding this case; people are being accused and tried in the media."

Russell said there was no one thing that sparked Thomas to ask for the inquest. But one appeal was the public nature of proceedings.

Russell noted that certain details -- such as whether an inquest would be in a courtroom -- have not been answered.

Russell said one reason Thomas did not convene a grand jury is because of the need for evidence of criminal conduct.

Russell noted that the scope of any coroner's inquest is very limited. It looks into the cause and manner of death.

The inquest attempts to determine whether the manner of death was homicide, suicide, natural causes or accidental. It can also conclude the manner is undetermined.

Controversy survives Columbine Parents of student victim want to know who shot the bullet The tragedy at Columbine High School still echoes for the family of one victim--they suspect he might have been killed by friendly fire. NBC's Jim Avila reports.

DENVER, Jan. 9 — A tragedy that happened almost three years ago still echoes for the family of one of its victims. Fifteen-year-old Danny Rohrbaugh was shot and killed during the massacre at Columbine High School in Littleton, Co. Now, the circumstances of his death have been called into painful question, based on what a sheriff’s deputy claimed was an eyewitness account.

IT’S an awful memory. On April 20, 1999, two students murdered 13 people and wounded 20 more — most of them other students — then killed themselves. Since that terrible day 33 months ago, the parents of 15-year-old Daniel Rohrbaugh have asked one question. Who killed their son? “I just want to know the truth about how he died,” says Sue Petrone, Daniel’s mother. But from the beginning, authorities say, Sheriff’s Deputy Jim Taylor has been lying to them, feeding suspicion that Daniel was killed by friendly fire and not as law enforcement officials concluded: directly at the hands of Eric Harris and Dylan Klebold. On Wednesday, Deputy Taylor was fired, charged with lying and misleading Daniel’s parents about their son’s death. “His statements may have planted the seeds that have led to much of the distress by the crime victims family,” says Arapahoe County Sheriff Pat Sullivan, Jr. Deputy Jim Taylor refused NBC’s request for an interview and has never publicly claimed to have seen anything. At first he even denied that he shared any direct knowledge about Daniel with his parents. But the Rohrbaughs had proof. They had secretly tape recorded his claims. From the tape: “They were just running in mass chaos and I seen a boy drop...” “You think it was Dan though or you don’t know?” “It was Dan.” On the tapes, Taylor claimed that he was in the middle of the action, in position to see Daniel die, on the steps just outside the cafeteria. Putting himself in the southwest parking lot, within 100 yards of Daniel’s body, he said he saw the teenager fall when hit by a bullet that seemed to come from the parking lot — where police were shooting, not the building where Klebold and Harris were. Advertisement

But Taylor now admits (Admits or claims under extreme pressure from the government and Sheriff???--my comments)that he was nowhere near any of the shooting, that he was assigned to evacuating students on the east side of the building completely blocked from the sights and sounds of the massacre.

“He was never in a position to see Danny fall or anybody else fall from gunfire,” says Sullivan.

But the Rohrbaughs still believe the first story. Adding to their suspicions is the lack of solid ballistic evidence tying Klebold and Harris to Daniel’s murder. Tests on the lone bullet found in Daniel’s body could not link it to a specific gun.

Daniel’s parents have even filed suit, naming Denver SWAT team member Daniel O’Shea as the man who shot their son. Their evidence is an affidavit from a school principal saying she overheard O’Shea upset about possibly shooting an innocent student.

But O’Shea has been cleared by investigators, and five students near Daniel as he died told the FBI in sworn statements they personally saw Klebold and Harris shoot him. That leaves Daniel’s parents where they began 33 months ago, with the credibility of their biggest ally in doubt — and fired — while they still search for truth.

“I was watching the news and this spokesperson for Jefferson county said, ‘It’s irrelevant who shot Danny Rohrbaugh.’” says Sue Petrone. “It’s irrelevant. Well, it’s not irrelevant to me.”

(AP) Prosecutors have requested a coroner's inquest into the death of a Columbine High School student whose parents claim was accidentally killed by an officer during the 1999 massacre.

Daniel Rohrbough's parents say he was shot by a Denver SWAT team member who rushed to the school after teen gunmen Eric Harris and Dylan Klebold began their April 20, 1999, assault. The sheriff's report on the shooting says Rohrbough was shot by Klebold.

Barry Arrington, the parents' lawyer, said Monday he would ask the coroner to delay an inquest until other investigative methods have been exhausted.

He said he favors the creation of a legislative commission that could issue subpoenas and take testimony in private, allowing witnesses to be more candid.

Jefferson County District Attorney Dave Thomas had earlier declined to call a grand jury. He said the coroner would have subpoena power, though not as extensive as a grand jury.

Daniel's father, Brian Rohrbough, said the call for an inquest "is simply one more way to try to derail our efforts at finding the truth."

Relatives of Columbine victims also have asked for a federal grand jury to investigate the slayings of 12 students and one teacher.

Jeff Dorschner, spokesman for the U.S. attorney's office in Denver, said the decision to request an inquest would not affect whether a grand jury would be convened.

Rohrbough claimed Denver police Sgt. Dan O'Shea told a school administrator he feared he may have shot a student, according to court papers.

But O'Shea's lawyer, David Bruno, said his client didn't shoot anyone at Columbine and that the conversation with the administrator was misheard.

"What he said was, when there's a crowded building and shots are fired, his greatest fear is that he shot somebody," Bruno said.

DA Requests Coroner's Inquest In Columbine Death Coroner To Announce Decision On Inquest Thursday Wayne Harrison, Senior News Editor Posted: 3:38 p.m. MST January 14, 2002 Updated: 6:22 p.m. MST January 14, 2002 GOLDEN, Colo. -- The Jefferson County district attorney has requested a coroner's inquest into the death of Columbine student Daniel Rohrbough. Julie Hayden reports on the DA's request for an inquest. Tony Kovaleski explains how a Coroner's Inquest works. See What Ballistics Report Shows On this here:

Thomas issued a request for the investigation Monday afternoon. He said the inquest -- which can be similar to a trial -- would be held in public and would look into claims Rohrbough was shot by police at Columbine High School.

"In light of the considerable public controversy concerning the means and manner of his death, the district attorney believes that a coroner's inquest might serve to answer some of the questions being raised. While an inquest is very limited in scope, it would be an open proceeding and, therefore, Thomas believes, of great value to the interested parties."

An attorney for Rohrbough and five other families had asked Thomas for a grand jury investigation. Thomas said an inquest might be a better way to answer questions for the family and the public. A grand jury is held in secret.

Jefferson County Coroner Carl Blesch has said he would consider an inquest if family members or authorities request it. He said he would announce his decision about the district attorney's request at a Thursday afternoon news conference.

The governor's Columbine Commission, which investigated the Columbine shootings, didn't have subpoena powers and the coroner's inquest would. Jefferson County sheriff John Stone refused to appear before the Columbine Commission, but could be compelled to appear at the coroner's inquest.

A coroner's inquest would only investigate the manner of death, according to 7NEWS Investigative Reporter Tony Kovaleski. He talked with Blesch about just such a possibility last week, he said.

Investigators said teen gunmen Eric Harris and Dylan Klebold killed 12 students, including Rohrbough, and a teacher before killing themselves on April 20, 1999.

After meeting with the Arapahoe County sheirff last Friday, Brian Rohrbough said he was convinced more than ever that is was a law enforcement officer, and not Columbine gunmen, who killed his son (pictured, right).

According to the Rohrboughs, Daniel Rohrbough's autopsy showed that he was killed by a bullet that was fired from the front in an upward trajectory, 7NEWS reported.

The Rohrboughs said that the ballistics map showed that there were no shell casings from Harris or Klebold in the area where the shot was fired.

However, there were three 9 mm shell casings found near Daniel Rohrbough's body that belonged to Denver SWAT Officer Dan O'Shea, Brian Rohrbough said, and that given that evidence, Harris and Klebold were not in a position to kill their son, but O'Shea was.

"If it was a mistake, tell us it was a mistake," Brian Rohrbough said Friday . "If we are mistaken, show us we are mistaken. But let's get to the bottom of what happened that day at Columbine."

Brian Rohrbough said it took two years for the Jefferson County Sheriff's Department to hand over the ballistics maps because he said authorities were trying to cover up what they know.

Relatives of Columbine victims also have asked for a federal grand jury to investigate the slayings of 12 students and one teacher.

Jeff Dorschner, spokesman for the U.S. attorney's office in Denver, said the decision to request an inquest would have no impact on whether a grand jury would be convened.

LITTLETON, Colo. -- After meeting with the Arapahoe County Sheriff on Friday, Brian Rohrbough said he was convinced more than ever that is was a law enforcement officer, and not Columbine gunmen, who killed his son Danny Rohrbough.

According to the Rohrboughs, Danny Rohrbough's autopsy showed that he was killed by a bullet that was fired from the front in an upward trajectory, 7NEWS reported.

"What's in front of Danny Rohrbough? Law enforcment shell casings," Rohrbough's attorney Barry Arrington said.

The Rohrboughs said that the ballistics map showed that there were no shell casings from Harris or Klebold in the area where the shot was fired.

However, there were three 9 mm shell casings found near Danny's body that belonged to Denver SWAT officer Dan O'Shea, Rohrbough said. Rohrbough said that given that evidence, Harris and Klebold were not in a position to kill their son, but O'Shea was.

"If it was a mistake, tell us it was a mistake," Rohrbough said. "If we are mistaken, show us we are mistaken. But let's get to the bottom of what happened that day at Columbine."

But O'Shea said he did not shoot anyone at Columbine. He said Danny Rohrbough was already dead when he arrived at the school.

The shell casings the Rohrboughs are talking about came from shots O'Shea said he fired after he crept down the hill to provide cover for another officer checking Dan's body.

But Rohrboughs don't believe it. Rohrbough and several other Columbine families accuse law enforcement of lying about what really happened at Columbine High School during the April 1999 massacre.

The Rohrboughs said it took two years for the Jefferson County Sheriff's Department to hand over the ballistics maps because they said authorities were trying to cover-up what they know.

The lastest controversy involved an Arapahoe County deputy sheriff who gave two conflicting accounts of what he saw that day.

During a taped conversation in March 2000, Deputy Jim Taylor told the Rohrbough family that he saw their son Danny get shot. The Rohrboughs claim that Taylor's statements prove that a Denver SWAT officer fired the fatal bullet that killed their son, and not Harris or Klebold.

The family met with Arapahoe County Sheriff Pat Sullivan on Friday to discuss his decision to fire Taylor.

Rohrbough said Sullivan didn't even ask to hear a tape the family has of Taylor telling them he was standing next to a Denver policeman during the 1999 massacre at Columbine when he heard machine gun fire and saw a student fall. Taylor said he was later able to determine that the student was Daniel.

Sullivan has said radio logs and other evidence show Taylor wasn't even there at the time. Sullivan fired Taylor for giving conflicting reports to investigators and the Rohrbough family.

The Rohrboughs described the one-hour meeting as "standoffish" and said that they are more convinced than ever that law enforcement is trying to cover up, 7NEWS reporter Julie Hayden said.

Jefferson County sheriff's detectives maintain that the 15-year-old was killed by Klebold, who along with Harris, stormed Columbine High School.

The U.S. attorney is considering a federal grand jury to investigate what happened the day of the massacre, but said that it's unlikely because no federal laws were broken.

The County district attorney said a state grand jury is an option. So is a coroner's inquest.

A state lawmaker said Thursday that if the courts don't get involved. He will move to form a legislative committee with subpoena powers to get answers.

"Not necessarily to find wrongdoing not necessarily to find the witch, so to speak, but to clear the air … find out what the truth is," said Rep. Don Lee, a Littleton Republican.

Lee also said that if it does go to a legislative committee it would have to happen before the session ends in May.

Meanwhile, school officials are trying to keep private a report on an internal investigation into the Columbine High School shootings.

Jefferson County school officials conducted the in-depth investigation as they prepared to defend themselves from families' lawsuits.

It is protected by state laws that keep most attorney-client communications confidential.

School district attorney Bill Kowalski said officials want to protect the rights of people named in the lawsuit.

The report includes school records and interviews with Columbine staff members who knew the student gunmen.

Want to see a specimen of a typical LEO a-hole right here on FR? Meet Roscoe. Express outrage, get baselessly accused. probably does the same on the job. A real winner.

Since you are famous for defending bad no-knock raids and suggesting anyone who shoots a cop in one of those should "get the needle," I was hoping you would comment on whether that's a deterrent to the parents in this case, and whether a jury would even convict. Or is this "abuse?"

"This attitude is totally unacceptable on the part of a public official or a spokesperson for one. It's their job to find out who shot him!"

I agree 100%. This is a disgrace. If that was my son, I would have to seek the truth too.

The public deserves the whole truth too. There are just to many questions that need answers.

--I was home working on the puter that day. Watched the whole deal go down on the teevee. WAY too many on the scene eyewitnesses who reported THREE shooters, two kids and an adult. and I don;'t think they meant a uniformed cop either, although this looks like it happened as well. It's beyond suspicious to me,a state gun issue up for a vote, NRA convention slated to start, poof, major massacre with every fed agent in the known universe on the scene within nanoseconds, all 'coincidentally". The kid shooters on prescribed drugs, with some tangential evidence of "mentoring" by some weird adult.

It stinks, the deputy apparent shooting is just part of it.

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