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Forum URL: http://www.webbsleuths.com/cgi-bin/dcf/dcboard.cgi
Forum Name: Ramsey evidence
Topic ID: 26
Message ID: 1
#1, The Court's response
Posted by jameson on May-06-01 at 08:11 PM
In response to message #0
<BR> IN THE DISTRICT COURT, BOULDER COUNTY, COLORADO<BR> Case No. 99 Division 2<P> STIPULATED COURT ORDER<P> Alexander M. Hunter,<BR> District Attorney in and for <BR> the 20th Judicial District<BR> Plaintiff,<BR> v.<BR> Andrew Louis (Lou) Smit<BR> Defendant<P> THE COURT, based upon a stipulation of the parties, hereby enters the following order which replaces<BR> all previous orders entered into this case.<P> GENERAL STIPULATION<P> 1. The parties stipulate that each of them has acted in good faith in performing the terms of the<BR> employeement agreement in question, and that this stipulation is entered into in an effort to resolve<BR> misunderstanding which have arisen between them. Detective Smit has entered into these<BR> stipulations because he has never had an intention to release information to the public during the<BR> pending grand jury investigation. Plaintiffs stipulate that they have no evidence that Detective Smit<BR> ever misused any information that was entrusted to him, nor do they have any evidence that he<BR> intended to misuse such information in the future.<P> POSSESSION OF INVESTIGATIVE DOCUMENTS AND THINGS<P> 2. Detective Smit shall be allowed to retain one copy of the Powerpoint demonstration, and shall turn<BR> over a second copy to the Plaintiff. <P> 3. Detective Smit has shredded all of his paper copies of the case time line, lead sheets and index,<BR> and shall turn over all databases containing these documents to the Plaintiff. Since Plaintiff contends<BR> that these items are privileged work product, Smit shall not retain a copy of these items.<BR><b><BR> 4. Smit shall retain a copy of the Powerpoint demonstration in his own home or in some other safe and secure place.<P> 5. The Plaintiff shall maintain and will not erase or destroy the Powerpoint demonstration, the case<BR> time line, lead sheets and index.<BR></b><BR> DISCLOSURE BEFORE CHARGES FILED<P> 6. Until charges are filed in the Ramsey case, Detective Smit shall not show the Powerpoint<BR> demonstration or any of the photographs contained therein to anyone, nor shall he disclose<BR> confidential information that he has learned during the course of his employmentunless such<BR> information is already in the public domain.<P> 7. During the time period set forth in paragraph 6 above, Detective Smit may continue to investigate<BR> the murder of JonBenét Ramsey bu in doing so will make it clear that he is investigating on his<BR> ownand not as a representative of the police, district attorney or grand jury. Furthermore, during any<BR> such investigation, Smit shall not intentionally interfere with the police, district attorney, or grand<BR> jury investigation.<P> DISCLOSURE AFTER CHARGES FILED/TIME LIMIT<P> 8. After charges are filed in the Ramsey case, Detective Smit shall be free to disclose any information<BR> to anyone, including any person who may be charged with the death of JonBenét Ramsey; PROVIDED<BR> HOWEVER, Smit agrees that he shall not disclose to anyone conversations he has had with any<BR> attorney working for the district attorney, or consulted by the district attorney, unless ordered to do<BR> so by a court of competant jurisdiction.<BR><b><BR> 9. If no charges are filed by October 1, 1999, Detective Smit shall be free to disclose any information<BR> to anyone,</b> but Smit agrees that he shall not at any time in the future disclose any conversations he<BR> has had with any attorney working for the district attorney, or consulted by the district attorney,<BR> unless ordered to do so by a court of competant jurisdiction.<P> PROCEDURE FOR EXTENSION OF THIS ORDER<P> 10. If no charges are filed by September 1, 1999, the Plaintiff may seek consecutive 30 day<BR> extensions of the provisions set forth in paragraphs 4, 6 and 7 above, but in doing so, the Plaintiff will<BR> be required to demonstrate by clear and convincing evidence that a continuing prior restraint on<BR> Detective Smit's freedom of expression is necessary.<P> Dated the 30th of March, 1999<BR> By the Court <BR> (Can't read the signature or I would note the judge's name)<P> Also signed by Alex Hunter, Lou Smit, Michael Kane and J Gregory Walta (attorney for Smit)<BR>