Part 6

NARRATOR - Even after his resignation from the Ramsey murder case, DA investigator Lou Smit continued to hunt on his own
for the intruder he was now sure had killed JonBenét. To help her parents, he also sought permission to give his evidence to the
Grand Jury. He was stunned by the response.

In February, 1999, Michael Kane, now running the Grand Jury, wrote to Smit. He told him that his request to give evidence to the
Grand Jury 'is denied'. At the same time, Kane issued an injunction against Smit. It demanded the surrender of all his evidence and
sought court permission to 'permanently erase' it.

A shocked Smit once more turned to former DA Bob Russel for advice.

BOB RUSSEL - Once I saw that they had, in fact, gone to court and got an injunction, it really made me mad. The evidence was
too strong that the Ramsey's didn't do this. And so to see that anybody is trying to really get the Ramseys indicted when I had
already seen the evidence that showed they probably didn't do it, really bothered me.

NARRATOR - To help him protect Smit, Russel turned to Greg Walta, a man he often faced in court.

GREG WALTA - I was stunned. I frankly had never seen anything like it. The prosecutor's job is to make sure that a Grand
Jury hears all the evidence - not just some of the evidence. And a prosecutor's job is to protect evidence - not destroy it. So I
was stunned and I was determined to fight it.

NARRATOR - The two men who had so often faced each other across a court room now forged an alliance to ensure Smit's
evidence was heard. They won a striking victory. They obtained a court injunction allowing Smit not only to keep his evidence, and
also to use it in any way he saw fit. Smit was also allowed to testify to the Grand Jury.

GRAND JURY VERDICT ANNOUNCEMENT - DA ALEX HUNTER -" ...we do not have sufficient evidence to warrant the
filing of charges against anyone who has been investigated at this time

NARRATOR - When Alex Hunter announced the Grand Jury's verdict - that the Ramseys should not be indicted - few doubted
this was because of what Smit had done. Yet today,despite Smit and despite the grand jury, most Americans still believe the
Ramseys killed their daughter.

PATSY PLAYING PIANO

NARRATOR - Just before her death, JonBenét mastered this tune on the piano. For her parents the agony of her death
continues. They remain outcasts. They are broke and broken, and its likely to stay that way.

GREG WALTA - I think the case is in deep trouble and I think it's in deep trouble because the Boulder Police Department has
really staked it's reputation on the Ramseys being guilty. And once that's happened, that police department can't perform it's
function. And so I think the Bolder Police Department is virtually incapable of solving this case at the present time.

LOU SMIT- What a double travesty this could be - the killer running free and innocent people being charged with a crime they did
not commit.

End Part 6

Producers - David Mills and Michael Chrisman
Executive Producer for Mills Productions - Michael Tracey
Narrator - Les Marshak
Director of Photography - Patrick Turley
Camera - Ben Turley
Sound - Tim Watts