The families of those who died at Marjory Stoneman Douglas High back in 2018 had hoped to put thoughts of the killer behind them by now.
But, even as he sits in prison for life without parole, his deeds and his money re-emerged Thursday in a testy court hearing in Broward County Circuit Court.
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A lawyer for families of dead and injured said a dispute over the killer’s inheritance and intellectual property rights is being forced by the “greed” of the attorney for the most seriously injured survivor, former student Anthony Borges.
But Borges’ attorney said it was about his clients getting a fair share of whatever they can in their civil suit against the killer.
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The killer doesn’t have much to his name while housed at Florida state prison. But he has rights to his image, likeness and story and nearly $450,000, his share from an annuity his mother left to him and his brother.
This year, he signed away both the annuity and his personal intellectual property rights, but in two different agreements: one with Anthony Borges, who he nearly killed, and his family; and another with families represented by attorney David Brill.
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"They have no right to either of those things,” Brill said after court, agreeing when questioned that the other side was being “greedy.”
“How dare they take for themselves the singular authority to decide whether and when to publish what about this tragedy as if it's theirs and theirs alone?” Brill said.
Watching it all in court with regret was Tom Hoyer, who lost his son Luke that horrific day — one not unlike, he noted, the day before outside Atlanta.
“The fact that we're here today after four people were killed in the shooting yesterday, and my heart goes out to those families because I know where they've been,” he said after the hearing. “But the fact that we're here talking about exploiting this tragedy for money is just sickening to me.”
The Borges have already settled for more than $7 million of the nearly $150 million paid out by the school board and FBI in settlements.
And, after deposing the killer from prison by Zoom this summer, attorney Alex Arreaza cut a deal for the nearly $450,000 more.
Brill argued that betrayed the deal they had worked out, where his clients would direct their 80 percent share of the annuity to charities and block any use of the killer’s intellectual property rights.
“That they can exploit all of these victims and the horrors they confront and their families confront every single day for their own monetary gain,” Brill said in court, “I'd like to hear Mr. Ariaza say that any of that is not true.”
“All of it is not true,” Arreaza responded from the podium in what became a testy hearing.
As the two lawyers stalked over one another, Judge Carol-Lisa Phillips admonished them.
“Okay, and again, I didn't want to air all this dirty laundry that need not have been done,” she said, adding, “The last thing I think that any of the parties would want is that everybody remember this part of the matter and not what really took place and the tragedies that occurred on that day.”
Tom Hoyer will never forget any of it.
“Out of all this, the worst thing is that we're giving, Mr. Borges has given the killer what he craves,” Hoyer said. “he's given him attention. And I hate that I'm a part of that, but I feel that we had a deal. It was a fair deal.”
The Borges say they’re entitled to all $450,000 and the rights the killer signed away. Brill argued any proceeds from such a deal for the rights would by law go to the victims or the state, anyway, because of a state law prohibiting felons from profiting from their crimes.
Hoyer and the others say the Borges agreed to take $85,000 or so and that the killer’s name and story rights would remain buried — with him — in prison.
Judge Phillips said if they can’t reach a settlement, she’ll have to hold a full-blown hearing with testimony and evidence, but would rather they all see a way to put all this behind them.
