Filed in the <BR> DISTRICT COURT, BOULDER COUNTY Fifth Judicial District <BR> COLORADO <BR> 1779 6th STREET <BR> BOULDER, CO 80302 <P> Plaintiffs: <P> FLEET RUSSELL WHITE, and <BR> PRISCILLA BROWN WHITE <BR> V. <P> Defendants: Court Use Only <BR> THE CITY OF BOULDER, COLORADO <BR> a Colorado home rule municipality and <BR> MARK R. BECKNER, individually <BR> and in his capacity as Chief of the Boulder <BR> Department of Police and Custodian of Records for the Department of Police <P> Plaintiff filing Application for Order to Show <BR> Cause without attorney: <P> Names: Fleet Russell White, Jr. <BR> Priscilla Brown White <BR> Address: (redacted) <P> APPLICATION FOR ORDER TO SHOW CAUSE <P> For its application for an order to show cause plaintiffs state as follows: <P> 1. Plaintiffs Fleet Russell White, Jr. and Priscilla Brown White are husband and wife and are <BR> residents of Boulder, Colorado. <P> 2. Defendant City of Boulder is a Colorado home rule municipality located in the City of <BR> Boulder, County of Boulder, Colorado. <P> 3. Defendant Mark R. Beckner (“Beckner”) is employed by the City of Boulder as Chief of <BR> Police of the City of Boulder Department of Police (“Boulder Police”). Beckner is custodian as <BR> defined by CR S 24-72-302 (5) as evidenced by his control of Boulder police criminal justice <BR> records in this matter. <P> 4. By letter dated March 20, 2002 plaintiffs made a written request to Beckner to inspect and <BR> copy all Criminal justice records relating to the concluded Boulder Police investigation of <BR> reports of criminal conduct made by an individual identified to plaintiffs by the Boulder Police as <BR> Nancy Jo Krebs (‘the Krebs investigation.). A copy of the March 20, 2002 letter is attached as <BR> Exhibit I. <P> 5 According to an official City of Boulder News Release dated May 15, 2000 the <BR> Krebs investigation commenced no later than February 2000 and concluded on or about <BR> May 15, 2000. A copy of the May 15, 2000 City of Boulder Press Release is attached as <BR> Exhibit 2. <P> 6. During the Krebs investigation plaintiffs learned that Krebs had falsely reported to the <BR> Boulder police that she had been a victim of serious and violent crimes committed by members <BR> of plaintiffs’ family including plaintiff Fleet Russell White, Jr. Additionally. Krebs falsely reported <BR> that plaintiffs were part of a child sex abuse conspiracy and that members of Krebs’ family <BR> were present at plaintiffs home on December 25, 1996 at which time and place JonBenet <BR> Ramsey was sexually abused and killed. <P> 7. Any report made by Krebs to the Boulder Police alleging criminal conduct by plaintiffs was <BR> false. Plaintiffs have never met Krebs nor were plaintiffs aware of her existence until her <BR> identity was given to plaintiffs by a reporter seeking plaintiffs’ comment late in the evening <BR> prior the publication of Krebs’ allegations by the Boulder Daily Camera newspaper on February <BR> 25, 2000. The February 25, 2000 Boulder Daily Camera article is attached as Exhibit 3 By <BR> knowingly making false reports to the Boulder Police, Krebs and possibly other individuals <BR> involved in causing the transmission of Krebs’ false reports violated CR5 18-18-111(b) and (c) <BR> and possibly other Colorado Criminal Statutes. <P> 8. Any documents or materials made, maintained or kept by the Boulder Police relating to the <BR> Krebs investigation are criminal justice records as defined by C.R.S. 24-72-302(4). <P> 9. By letter dated April 2, 2002 Beckner denied plaintiffs’ March 20, 2002 written request for, <BR> criminal justice records relating to the concluded Krebs investigation. In that letter. Beckner <BR> stated that the JonBenet Ramsey homicide is still under investigation. Pursuant to CR8. <BR> 24-72-305(5), these materials are investigative files and are therefore not subject to disclosure <BR> under the criminal justice records statutes.’ A copy of Beckner’s April 2, 2002 letter is attached <BR> as Exhibit 4. <P> 10. By letter dated April 25, 2002 plaintiff once again requested access to the criminal justice <BR> records relating to the Krebs investigation. A copy of plaintiff’s April 25, 2002 letter is attached <BR> as Exhibit 5. <P> 2 <P> 11. By letter dated May 1, 2000 Beckner responded to plaintiffs’ April 25, 2002 letter by <BR> denying our request for access to the criminal justice records relating to the Krebs <BR> investigation. A copy of Beckner’s May 1, 2002 letter is attached as Exhibit 6. <P> 12. By letter dated June 3, 2002, plaintiffs responded to Beckner’s letter of May 1, <BR> 2002, and once again requested access to criminal records relating to the Krebs investigation. <BR> A copy of plaintiffs June 3, 2002 letter is attached as Exhibit 7. <P> 13. By letter dated June 3, 2002, Beckner denied plaintiffs request for access to criminal justice <BR> records relating to the Krebs investigation. A copy of Beckner’s June 13, 2002 letter is attached <BR> as Exhibit 8. <P> 14. The refusal of the Boulder Police and Beckner as custodian, to allow plaintiff to inspect and <BR> copy criminal justice records relating to the Krebs investigation violates the Colorado Criminal <BR> Justice Records Act, C.R.S. 24-72-301 et. seq. <P> 15. C.R.S 24-72-305(7) provides that any person denied the right to inspect and copy any <BR> criminal justice record may apply to the district court of the district wherein the record is found <BR> for an order directing the custodian to show cause why he should not permit inspection and <BR> copying of such record. The statute further provides that a hearing shall be held at the earliest <BR> practical time. <P> 16. The decision of the Boulder police and Beckner as custodian, to refuse to allow plaintiffs to <BR> inspect and copy the criminal justice records relating to the Krebs investigation is arbitrary and <BR> capricious, thereby entitling plaintiff to recover their costs pursuant to C.R.S. 21-72-305(7). <P> WHEREFORE, plaintiffs respectfully request that this Court enter an Order directing defendants <BR> to show cause why they should not permit plaintiffs to inspect and copy criminal justice records <BR> relating to the Krebs investigation. If this Court finds that denial or plaintiffs request was <BR> improper, plaintiff requests that this Court order defendants to permit such inspection. Plaintiffs <BR> further request that this Court award plaintiffs their costs and such further relief as this Court <BR> deems proper. <P> Respectfully submitted this 24th day of June 2002. <P> Fleet Russell White, Jr. <BR> Priscilla Brown White <P> PLAINTIFFS FILING APPLICATION TO SHOW CAUSE WTTHOUT ATTORNEY <P> <BR>