<P> 3 <BR> <P> CERTIFICATE OF MAILING <P> I hereby certify that on this 24th day June, 2002, the original of this APPLICATION FOR ORDER <BR> TO SHOW CAUSE was filed with the Boulder <BR> District Court, and that a true and accurate copy of this APPLICATION FOR ORDER <BR> TO SHOW CAUSE was served on the other party by placing it in the United States <BR> mail. postage pre-paid and addressed as follows: <P> The City of Boulder <BR> Office of The City Attorney <BR> Joseph N. de Raismes. JR <BR> P0. Box 791 <BR> Boulder CO 80306 <P> Mark R. Beckner <BR> Chief of Police <BR> City of Boulder <BR> Department of Police <BR> 1805 33t Street <BR> Boulder, CO 80301 <P> Fleet Russell White, Jr. Plaintiff <P> EXHIBIT 1 <P> Attached to Application for Order to Show Cause <P> Fleet Russell White and Priscilla Brown White <BR> (address redacted) <P> March 20, 2002 <P> Via Certified Mail <P> Mary Keenan <BR> District Attorney <BR> Twentieth Judicial District <BR> P.O. Box 471 <BR> Boulder, CO 80306 <P> Mark R. Beckner <BR> Chief of Police <BR> City of Boulder <BR> Boulder Police Department <BR> 1805 33rd Street <BR> Boulder, CO 80302 <P> Subject: Request for Criminal Justice Records <BR> Dear Ms Keenan and Chief Beckner, <BR> Pursuant to Colorado statutes, we hereby request that all criminal justice records relating <BR> to the investigation of the allegations of Nancy Jo Krebs be made available to us for inspection <BR> and copying. Both of your agencies were involved in this investigation that commenced no later <BR> than February, 2000 and ended on or around May 15, 2000 when City of Boulder news release <BR> stated: <P> “Boulder Police and prosecutors have concluded an investigation that began in February when a <BR> 37-year-old California woman reported her belief that JonBenet Ramsey was murdered as part <BR> of a child sex ring. The investigation found no additional evidence to support this theory.” <P> We would appreciate a timely response to this request. <P> Sincerely, <P> Fleet Russell White, Jr Priscilla Brown White <BR> <P> Exhibit 2 <BR> Attached for Order to Show Cause <BR> News Release City of Boulder <P> May 15, 2000 <P> Boulder Police end investigation into California woman’s report <P> Boulder Police and prosecutors have concluded an investigation that began in February when a <BR> 37 yea rold California woman reported her belief that JonBenet Ramsey was murdered as part <BR> of a child sex ring. The investigation found no additional evidence to support this theory. <P> In February, The woman contacted the Boulder Daily Camera with allegations of a child sex <BR> abuse conspiracy involving her own family members, the Ramsey family and close friends of <BR> the Ramseys. The woman also claimed that some of her own family members were at a party <BR> attended by JonBenet Ramsey and her parents on December 25, 1996, just prior to JonBenet’s <BR> death. The woman believed JonBenet was likely killed at the party by adults who sexually and <BR> physically abused her. <P> Boulder Police spent about 11 weeks investigating the allegations which included conducting 22 <BR> interviews, reviewing medical and psychological records, reviewing photographs and <BR> recordings, consulting with a forensic psychiatrist, and comparing the allegations against <BR> physical evidence and current knowledge of the case. As a result, Boulder Police and <BR> prosecutors working on the case have concluded that other than the woman’s statements, <BR> there is no evidence to support this theory of JonBenet’s murder. <P> “The Boulder Police have spent a significant amount of tine investigating the claims made by <BR> this woman and her attorney.” Prosecutor Mike Kane said. ‘There is simply no credible <BR> evidence to link anything she alleges to the death of JonBenet. The expenditure of additional <BR> police and prosecutorial resources is unwarranted. <P> Boulder Police have made no judgments or conclusions about abuse the woman may have <BR> suffered in prior years in California. It is well established that she was a victim of sexual abuse <BR> in 1979-80, for which a suspect was arrested and convicted. However. current investigation did <BR> not find any connection between the abuse she suffered and the death of JonBenet Ramsey. <P> Boulder Police have forwarded information to the FBI in reference to some of the woman’s <BR> allegations regarding the operation of a child ring. Police also advised her to contact California <BR> authorities with any information she has regarding crimes that may have occurred in California. <BR> This is the second time Boulder Police have investigated the possibility of JonBenet’s death <BR> being connected to a “sex ring” or pornographic operation involving numerous people. On each <BR> occasion, no credible evidence was found to support such speculation. <P> “We needed to take the time to complete a thorough investigation. Police Chief Mark Beckner <BR> said. Unfortunately, allegations have led to speculation that Fleet and Priscilla White, former <BR> close friends of the Ramseys and hosts of the 1996 Christmas party, were somehow involved <BR> in the sexual abuse and death of JonBenet. We have no evidence whatsoever to support this <BR> and have never had evidence to support such an allegation. Nor do we have any evidence that <BR> John and Patsy Ramsey were part of or participated in a child sex ring operation.” <P> Because she is a sexual assault victim, Boulder Police are not releasing the name of the <BR> California woman. <P> Exhibit 3 is a copy of the front page article in The Boulder Daily Camera from Friday, <BR> February 25, 2000 titled “DA pursues new Ramsey lead, and subtitled “Hunter asks police <BR> to investigate woman’s story of sex abuse.” by Barrie Hartman <BR> <P> _______________EXHIBIT 4 _______________ <BR> Attached to Application for Order to Show Cause. <BR> OF <BR> BOULDER <BR> DEPARTMENT OF POLICE <P> April 2. 2002 <P> Fleet White. Jr <BR> Priscilla White <BR> (address redacted) <BR> Dear Mr. and Mrs White: <P> I was out of state last week when your certified letter was delivered to my office. I returned to <BR> the office today and found your two “Request for Criminal Justice Records” which were <BR> contained in the certified letter. You have requested that “criminal justice records” on two <BR> matters be made available to you for your inspection and copying”: (1) The Boulder Police <BR> Department investigation (case P00-11362) conducted in 2000 allegations of criminal libel <BR> against you; and, (2) The Boulder Police Department investigation conducted in 2000 into the <BR> “allegations of Nancy Jo Krebs.” <P> As to your request to inspect and copy Boulder Police Department records relating to case <BR> number P00-2362, concerning your allegations of criminal libel against you: I believe that you <BR> were previously provided with a copy this material. However, you may contact Jojo Field, <BR> Manager ol the Boulder Police Department Records Division (phone number redacted) to make <BR> an appointment to inspect the records you are requesting. She can also provide you with an <BR> estimate of the costs for copying any or all of the materials. <P> As to your request to inspect and copy Boulder Police Department records relating to the <BR> investigation into the allegations of Nancy Jo Krebs:”I must deny your request to copy and <BR> inspect these materials. As you know, the JonBenet Ramsey homicide is still under <BR> investigation. Pursuant to C.R.S. 24-72-305 (5), these materials are investigative files and are <BR> therefore not subject to disclosure under the criminal justice records statutes. <P> Sincerely, <P> Mark R. Beckner <BR> Chief of Police <P> EXHIBIT 5 <BR> Attached to Application (or Order to Show Cause) <P> Fleet Russell White, Jr. and Priscilla Brown White <BR> (address redacted) <P> Via Certified Mail <P> April 25, 2002 <P> Mark R. Beckner <BR> Chief of Police <BR> City of Boulder <BR> Department of Police <BR> 1805 33rd Street <BR> Boulder, C0 80301 <P> Subject: Your letter dated April 2, 2002 re: request for criminal justice records <BR> Dear Chief Beckner: <BR> Thank your for your letter dated April 2,2002 responding to our letters dated March 20, 2002 in <BR> which we requested access to criminal justice records. <P> We appreciate your giving us JoJo Field’s name and phone number regarding our request to <BR> inspect and copy all Boulder Police Department criminal justice records relative to case number <BR> P00-11362 concerning our complaints of criminal libel. Those complaints were in response to <BR> the publication and dissemination of the allegations, claims, and beliefs of Nancy Jo Krebs. We <BR> will be contacting Ms Field in the near future to make an appointment to inspect those records. <P> In your letter you claim that Boulder Police Department criminal justice records relative to he <BR> investigation of Krebs’ allegations are not subject to disclosure under CRS 24-72 305 (5) since, <BR> the JonBenet Ramsey homicide is still under investigation.” On that basis, you have denied our <BR> request to inspect and copy the Krebs criminal justice records. Perhaps there is a <BR> misunderstanding. According to an official City of Boulder News Release dated May 15, 2000, <BR> an eleven-week Boulder police and prosecutor investigation found no credible evidence to link <BR> anything she (Krebs) alleges to the death of JonBenet.” Moreover, that same news release <BR> stated that “Boulder Police and prosecutors “had “concluded” their investigation of Krebs claims <BR> and allegations. Therefore, the criminal justice records we wish to inspect and copy are relative <BR> to an investigation of allegations, claims and beliefs that had nothing to do with the Ramsey <BR> homicide and which ended in May 2000, almost two years ago. We have enclosed a copy of the <BR> May 15, 2000 City of Boulder News Release. <P> Pursuant to Colorado open records statutes, we once again request access to all criminal <BR> justice records relative to the investigation of the allegations, claims and beliefs of Nancy <BR> <P> Mark R. Beckner <BR> April 25, 2002 <BR> Page Two <P> Jo Krebs. In the event you remain unwilling to provide such access on the basis of CRS <BR> 24-72-305 (5), please provide us with a written statement describing the nature of the public <BR> interest to be protected by your denial as required by CRS 24-72-305 (6). <P> Sincerely. <BR> Fleet Russell White, Jr. Priscilla Brown White <BR> enclosure <BR> <BR>