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Tech Panel's Powers Increase

June 20, 2007

By Michael Hardy

RICHMOND, Va. — The governor's panel investigating the shooting rampage at Virginia Tech has been given a tape recording and written records of the killer's mental-health hearing in which he was found suicidal and in need of treatment.

A general district judge in Montgomery County on Monday released the records of the Dec. 14, 2005, hearing, after the panel used a new executive order issued by the governor giving it broad powers and a mandate to gather information about the massacre.

In his order issued Monday, Gov. Timothy M. Kaine also directed Tech and other state educational institutions to provide the panel, to the greatest legal extent permissible, "any and all educational and health records" of gunman Seung-Hui Cho, 23.

A resident of Centreville in Northern Virginia, Cho killed 32 fellow students and professors April 16.

In the earlier court hearing a special justice concluded Cho was a danger to himself and ordered him to seek outpatient treatment. It is still uncertain whether he complied with the order.

In his order, Montgomery Judge Randal J. Duncan turned over the evidence but said that "the substance of the audio recording and other records will remain confidential." The panel will review the records but will not make them public.

With the consent of the gunman's family, Tech already has turned over some mental-health records but not Cho's school records. It is uncertain what, if any, counseling Cho sought or received.

Former state police Superintendent W. Gerald Massengill, who heads the eight-member panel, yesterday welcomed Kaine's order that spells out its mission and powers, including seeking court orders to obtain information about the tragedy. He wants more records than those provided by Tech.

"What this does, it says to Virginia Tech and other state agencies to render what help they can," Massengill said yesterday. He said it should help remove some roadblocks that panel members have argued handcuff their investigation.

Tech spokesman Larry Hincker yesterday said, "The executive order clarifies mission and authorities and smoothes the way for the panel to get information. It is not inconsistent with our desires and goals. It appears to eliminate legal roadblocks that have restricted the panel's ability to get information protected by privacy laws. We have not yet received a request for academic records."

Kevin Hall, the governor's press secretary, said privacy and confidentiality laws may still hamper the panel, but the governor's order arms the panel with legal standing to seek court-ordered access to records.

"To date, the panel has proceeded with its work through voluntary cooperation but this is a way to formalize the authority and scope of the panel's work," Hall said.

Although the panel does not have direct subpoena power, Kaine's order said it could obtain needed records for review through him or by seeking his approval to work with the State Crime Commission to win access to witnesses and critical information.

Any information obtained, the governor said, would be treated as his working papers and not subject to public disclosure.

Additionally, Kaine wants the panel or its support staff to continue providing families of the Tech victims an opportunity to comment on the investigation and to be kept current with its progress.

Kaine has scheduled a private meeting in Richmond on Saturday with any families who wish to discuss the panel's focus and investigation.

Contact Michael Hardy at mhardy@timesdispatch.com or (804) 649-6810.