On November 15, 2005, the Colorado Supreme Court made a decision with respect to records and items seized in the aftermath of the Columbine High School shootings.
Sheriff Ted Mink will wait 15 days, as indicated in the Colorado Appellate Rules, for the Colorado Supreme Court's decision to become case law. In that 15 days, parties to the case have the option to petition the court for a rehearing to request reconsideration. The Colorado Supreme Court also has the option to reconsider its own decision. If either of these circumstances occur then adjustments to the decision could be made.
Once this process is complete and the decision becomes case law, Sheriff Mink will be required to apply a balancing test as required by the Colorado Supreme Court:
"In making this statutory determination, the custodian takes into account and
balances the pertinent factors, which include the privacy interests of individuals
who may be impacted by a decision to allow inspection; the agency's interest in
keeping confidential information confidential; the agency's interest in pursuing
ongoing investigations without compromising them; the public purpose to be served
in allowing inspection; and any other pertinent consideration relevant to the
circumstances of the particular request."
Until the sheriff has undertaken the necessary and appropriate steps regarding this issue, no decision on the release of the records will be made.