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Forum Name: old JBR threads
Topic ID: 140
Message ID: 11
#11, part 3
Posted by jameson on Jul-11-02 at 11:07 PM
In response to message #10
Exhibit 6 <BR> CITY Attached to Application for Order to Show Cause <BR> OF <BR> BOULDER <BR> Department of Police <P> May 1, 2000 <BR> Fleet White. Jr <BR> Priscilla White <BR> (address redacted) <P> Dear Mr. and Mrs. White: <P> I received your letter dated April 25. 2002, which again requests that the “Krebs criminal <BR> justice records” be made available to you for your “inspection and copying.” I had previously <BR> denied this same request from you on the grounds that the JonBenet Ramsey homicide is still <BR> under investigation and, pursuant to CR.S. 24-72-305 (5), the requested materials are <BR> investigative files and are therefore not subject to disclosure under the criminal justice records <BR> statutes. <P> In your new request, you refer to information contained in a May 15, 2000, City press release <BR> regarding “Krebs allegations.” You cite language from the press release that the investigation <BR> was ‘concluded” and that there was “no credible evidence” to link Krebs allegations to the death <BR> oC JonBenet Ramsey. As I stated to you in my first letter, and as you know, the investigation <BR> into the JonBenet Ramsey homicide is still open. The investigation of Krebs’ allegations <BR> necessarily involved some issues and aspects of that investigation. To disclose aspects of our <BR> investigation into tips and information received could inhibit persons from coming forward with <BR> information and prevent witnesses from cooperating in the future. Furthermore, releasing <BR> information concerning Krebs’ allegations could disclose information not previously made <BR> public. The JonBenet Ramsey homicide investigation is still an open, active investigation. <P> For these reasons, I must again deny your request to copy and inspect these materials. <BR> Pursuant to C.R.S. 24-72-305 (5), I believe JonBenet Ramsey homicide these materials are <BR> investigative files and are therefore not subject to disclosure under the criminal justice records <BR> statutes. <P> Sincerely. <P> Mark R. Beckner <BR> Chief of Police <BR> EXHIBIT 7 <BR> Attached to Application for Order to Show Cause <P> Fleet Russell White, Jr and Priscilla Brown White <BR> (address redacted) <BR> June 3, 2002 <P> Mark R. Beckner <BR> Chief of Police <BR> City of Boulder <BR> Department of Police <BR> 1805 33rd Street <BR> Boulder, CO 80301 <P> Subject: Your letter of May 1, 2002 re: request for criminal justice records <P> Dear Mr. Beckner: <P> We received your letter of May 1, 2002 responding to our letter dated April 25,2002 in which <BR> we repeated our March 20, 2002 request for criminal justice records regarding the 2000 <BR> investigation of the <BR> beliefs, claims and allegations of Nancy Jo Krebs. By your May 1 letter, you have once again <BR> denied that request. We wish to review the basis for your denial. <P> In your letters of April 2 and May 1, 2002, you denied our request for criminal justice records <BR> pursuant to C.R.S. 21-72-305(5). You thus claimed that releasing the requested records would <BR> be contrary public interest. Apparently in an attempt to describe the “general nature of the <BR> public interest to be protected” as required by C.R.S.24-72-305 (6), you stated in your May I <BR> letter that he requested records are “investigative files” of the JonBenet Ramsey homicide <BR> investigation that “is still an active, open investigation.” You further stated that the <BR> “investigation of Krebs” allegations necessarily involved some issues and aspects of that <BR> investigation” and that “releasing information concerning Krebs’ allegations could disclose <BR> information not previously made public.” <P> We wish to repeat that we are requesting only those criminal justice records that relate to an <BR> investigation that, according to your press release of May 15, 2000, had been “concluded” and <BR> which found no credible evidence linking anything she (Krebs) alleges, to the death of As <BR> persons in interest, we are seeking the release of only those criminal justice records relating to <BR> a concluded investigation of reports to authorities alleging criminal conduct that were false and <BR> not relevant to the Ramsey homicide investigation. Releasing the requested criminal justice <BR> records will not injure the public interest since the false allegations reports by Krebs are not the <BR> subject of an ongoing police or prosecutor investigation. That investigation concluded on or <BR> about May 15, 2000. There is not, therefore, any legitimate basis for your claim that the Krebs <BR> criminal justice records are exempt from lawful public disclosure on the grounds that they are <BR> part of an ongoing investigation. We believe that your assertion that the requested criminal <BR> justice records are part of the “investigative files” of the Ramsey investigation was made <BR> Mark K Beckner <BR> June 3. 2002 <BR> Page Two <P> in furtherance of an attempt to avoid or delay the lawful and proper release of those public <BR> records. <P> As for your statement that the requested records “could disclose” information that has not been <BR> previously disclosed to the public, we fail to see any relevance to your claim of injury to the <BR> public interest. Releasing the Krebs criminal justice records will obviously involve information <BR> not previously disclosed. It is for that reason that we are making our request. <P> In your May 1, letter you also offered the following vague argument that disclosure of the <BR> requested criminal justice records would be contrary to the public interest since: <P> “To disclose aspects of our investigation into tips and information received could only inhibit <BR> persons from coming forward with information and prevent witnesses from cooperating in the <BR> future” <P> It is unclear whether you were referring to (1) persons and witnesses who may provide <BR> information concerning Krebs’ allegations; (2) persons and witnesses who may provide <BR> information concerning the Ramsey homicide; or (3) persons and witnesses who may provide <BR> information concerning criminal activity in general. If you were referring to the possible <BR> inhibiting of persons and witnesses in the investigation of Krebs’ false allegations of criminal <BR> conduct by members of our family, we will remind you that the investigation was “concluded”. <BR> Since the investigation was concluded (and Krebs allegations and claims and beliefs were <BR> determined to be false). there is not an investigation to be hampered by the release of the <BR> requested criminal justice records and, therefore, no possibility of injury to the public interest. <P> If, on the other hand, you were referring to the possible inhibiting of persons and witnesses <BR> who may provide information concerning the Ramsey homicide or the possible inhibiting of <BR> persons and witnesses who may provide information concerning crime generally, you are <BR> referring to a problem we are unfortunately very familiar with. As you know members of our <BR> families, including our children came forward to your agency with whatever information we had <BR> concerning the Ramsey homicide. We did so willingly, without reservation and, eventually at <BR> great sacrifice. In the months and years following JonBenet’s death the substance of our police <BR> interviews, and in some cases our actual words have heen published in newspapers, <BR> magazines, supermarket tabloids and books or broadcast during endless hours of television <BR> programming and radio talk shows- As a direct result, our family has suffered harassment, <BR> ridicule, intimidation, retaliation and a significant loss of our privacy. There is absolutely no <BR> question that public disclosure by employees and agents of the Boulder Police Department and <BR> the Boulder District Attorney of our information concerning the Ramsey homicide—all of which <BR> was <BR> Mark R. Beckner <BR> June 3, 2002 <BR> Page Three <P> believed to be true and given in good faith——has drastically reduced the willingness of our <BR> family to voluntarily come forward to law enforcement as crime victims or witnesses. <P> In the Krebs case, however the “tips and information” alleging serious crimes that your agency <BR> received and investigated as a result of efforts and prodding by a disreputable attorney the <BR> editor, the editor of a local newspaper, an author of true crime books and a vindictive and <BR> discredited district attorney, were knowingly false. As you know, false reporting to authorities is <BR> a crime punishable under Colorado law. Yet, to our knowledge, no one has been investigated <BR> or punished as a result of Krebs’ knowingly false reports to your agency and to the Boulder <BR> District Attorney and the Federal Bureau of Investigation. We doubt very much that it is the <BR> official policy of the Boulder Police Department, the Boulder District Attorney or any other <BR> Colorado law enforcement agency or prosecutor to tolerate and overlook such a blatant and <BR> extreme episode of criminal conduct. Yet, such has been the case with the false reports made <BR> by Nancy Jo Krebs. <P> Mr. Beckner, releasing criminal justice records relating to the investigaiion of false reporrts that <BR> were made or transmitted in bad faith, as they were in the Krebs case, will not inhibit the public <BR> from coming forward in good Faith to report and bear witness to crimes. What does inhibit <BR> people from coming forward is their perception that crime victims and witnesses can suffer <BR> extreme mistreatment at the hands of law enforcement and the news media and that agencies <BR> such as yours will foster or tolerate such mistreatment and allow it to be unquestioned, <BR> uninvestigated, unchallenged and unpunished. Such mistreatment has been a hallmark of the <BR> Ramsey investigation. The Krebs case and the wasteful and protracted eleven-week Boulder <BR> Police “investigation” of her highly public , false and libelous allegations of pornography, child <BR> sex abuse, rape, torture and homicide is perhaps the most egregious example. <P> Your contention that granting our request will somehow inhibit witnesses from coming forward <BR> is illogical and dishonest and under the circumstances we deeply resent your attempt to avoid <BR> releasing the Krebs criminal justice records on that basis. <P> There is simply no injury to the public interest that can be reasonably asserted or speculated <BR> that will outweigh the certain and compelling public benefit that will result from a public review <BR> and scrutiny of the decisions and conduct of numerous public servants and the news media with <BR> respect to the extraordinary case of Krebs’ false reports to authorities. It is our belief that your <BR> agency’s denial of our request was not motivated by a genuine desire to ovoid injury to the <BR> public interest, but rather by a wrongful desire to prevent public scrutiny of official conduct in <BR> the Krebs case. Your denial of our request for criminal justice records pursuant to C.R.S. <BR> 24-72405(5) is arbitrary, capricious and itself contrary to the public interest in the extreme. <BR> <P> Mark R. Beckner <BR> June 3, 2002 <BR> Page Four <P> As you may be aware, the Boulder District Attorney has recently responded positively to our <BR> requests for criminal justice records by providing us with documents in its custcdy and control <BR> concerning Nancy Jo Krebs and the investigation of her false allegations. In doing so the <BR> District Attorney has recognized that ‘Under the unique circumstances involved here” it is <BR> “appropriate” 10 provide such criminal justice records. <BR> Pursuant to Colorado public records statutes, we wish to make a final request for access to all <BR> criminal justice records relative to the investigation of the allegations, claims and beliefs of <BR> Nancy Jo Krebs. <BR> -We will appreciate a prompt reply to this final request. Thank you. <BR> Sincerely. <BR> Fleet Russell White, Jr. Priscilla Brown White <BR> cc Ron Secrist, Boulder City Manager <BR> Mayor and Members of the City Council <BR> EXHIBIT 8 <BR> Attached to Application for Order to Show Cause <BR> <P> City of Boulder Mark R. Beckner <BR> Department of Police Chief of Police <P> June 13, 2002 <BR> Mr And Mrs. Fleet Russell White Jr. <BR> (address redacted) <BR> Dear Mr. And Mrs. White, <P> Our decision in not releasing Ramsey case file information is firm. Please refer to my two <BR> previous letters for our reasons for not releasing case information. I am sorry this decision is <BR> upsetting to you, but there is nothing further I can say or do to assist you in this matter. <P> Sincerely, <P> Mark R. Beckner <BR> Chief of Police <BR>