updated 11/12/2010 10:47:36 AM ET 2010-11-12T15:47:36

A judge has refused to release 911 calls and other evidence to the parents of a college football player who was shot and killed by New York police.

The judge says the family failed to provide an affidavit from anyone with firsthand knowledge of what happened.

Pace University student Danroy Henry of Easton, Mass., was killed in his car on Oct. 17 during a disturbance outside a bar in Thornwood, N.Y. Police said the 20-year-old sped away and hit two officers. Some witnesses dispute that account.

Prosecutors had argued that evidence must be kept secret until it is laid out before a grand jury. The parents' lawyer, Michael Sussman, said recordings would help them learn what happened.

He said Friday he would comment later in the day.

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