Ex-Tech official who took Cho files won’t be charged
The taking of Virginia Tech killer Seung-Hui Cho's mental-health records by a former university official does not appear to violate any criminal laws, the local prosecutor said yesterday.
Cho shot and killed 32 students and professors on April 16, 2007.
Montgomery County Commonwealth's Attorney Bradley W. Finch said he does not expect to file charges against the former director of Tech's counseling center, Robert Miller.
Miller turned over the long missing records last month, and said he had inadvertently taken Cho's records along with an unspecified number of others when he was packing his office as he was leaving his position in February 2006.
"No one has ever suggested to me or to Dr. Miller that anyone was contemplating criminal charges against him," said Miller's lawyer, Edward J. McNelis III.
"I suspect that is because he did not knowingly or intentionally remove the records from the center . . . Dr. Miller came forward and returned these records on his own immediately after he discovered that they were in his possession."
The records, released to the public this week, show Cho received roughly 30 minutes of attention from a university counselor after a judge found him mentally ill and an imminent danger to himself or others.
The judge had ordered Cho to receive treatment, and a local mental-health agency arranged for that treatment at the university counseling center.
But the records show the center did not arrange any follow-up care or complete any assessment of Cho's mental health.
The university has said the records show its counseling center staff acted appropriately.
Tech turned photocopies of the records over to the Virginia State Police several days after receiving them from Miller. The state police believe the records are complete.
The records do not show that Miller participated in Cho's session, after the judge's order.
Tech e-mail records show Miller had been advised of other incidents involving Cho, including one that led Tech professor Nikki Giovanni to insist he be removed from her class in 2005.
Families of two students killed by Cho are suing Miller, several other Tech officials and the university for negligence. Miller found the missing records as he was preparing to be interviewed by the families' lawyers.
Contact David Ress at (804-649-6051 or dress @timesdispatch.com.
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Reader Reactions
At first I was suspicious of Miller’s taking Cho’s records home, but after reading the information in the medical records and news stories, I truly don’t believe there was any intent in “stealing” the information. It was purely an accident.
What baffles me is why are some families suing Miller? What is to be gained? None of the information was disseminated to the public or leaked to the press before the legal public disclosure. Let’s be realistic here.
When removing files from an office desk drawer to a box upon leaving, it’s easy to have a file accidentally included in with your own. I’ve done it myself.
The file was probably put in his locked desk drawer, rather than keeping it in an open office file cabinet, where an unauthorized person could sneak the chart and read it. This is done, even in a larger office that’s kept locked.
Why is there a need to continue to “write” the same article day after day. This article has been up for several days with several different headlines, but the same content. Write it once and then let it go. Unless you have new information to add, that actually adds to the greater good, don’t keep reprinting/reposting it!
The comment below was received - Not sure of source - Reader or TD Person?
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“Understand that the Commonwealth’s Attorney’s investigation did not disclose evidence of criminal conduct on the part of Miller. For that reason, criminal charges are not anticipated according to the report.Remember, however, a civil action against Dr. Miller and others is still pending with the outcome being determined in court.“
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The last sentence of that comment includes the phrase “outcome will be determined in court”. Note that the term “outcome” and not the word “justice” was used.
Sometime ago I was given this statement by an individual who was involved in our legal system. - “Remember it is not about guilt or innocence, it is about convicted or acquitted.“ Opposing the truth, the are usually other powerful factors influencing the proceeding; Politics, money, prejudice, empathy, etc. The truth has a tough job to make its’ way past these enemies!
Understand that the Commonwealth’s Attorney’s investigation did not disclose evidence of criminal conduct on the part of Miller. For that reason, criminal charges are not anticipated according to the report.
Remember, however, a civil action against Dr. Miller and others is still pending with the outcome being determined in court.
When we see situations like this where someone is not charged, it usually makes us wonder what it would take in such situations to get a charge.
Probably first in line is the person in-charge belives that they have no possible responsibility themselves. Not true here for the VA Tech Administration. They want this whole incident to be forgotten as soon as possible so that questions will not continue about their responsibilities in such an incident.
It would seem that to have someone “make off” with the records that give a clear picture of how their lack of action(s) contributed would cry out for accountability.
It is as if the person had simply left the job with a pencil supplied by VA Tech in their pocket.
It would seem that an employee that leaves an insitution with the critical records involving such an horrific situation would be viewed differently.
Perhaps it is this type of climate of ineffective management that contributed to the situation.
32 deaths and those responsible for raising raising flags to everyone are seen almost as uninvolved bystanders!
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