DISTRICT COURT, COUNTY OF
JEFFERSON, STATE OF COLORADO
100 Jefferson County Parkway
Golden, Colorado 80401

Petitioners:

FLEET RUSSELL WHITE, JR. AND
PRISCILLA BROWN WHITE

v.

RESPONDENT:

DAVID J. THOMAS, as District Attorney
For the First Judicial District of the State
Of Colorado

Petitioners proceeding pro se:

Names: Fleet Russell White, Jr.
Priscilla Brown White

(Address and phone number redacted)

AFFIDAVIT REQUESTING HEARING PURSUANT TO C.R.S. SECTION 16-5-209 WITH
REQUEST FOR EXPEDITED RULING

For its affidavit pursuant to C.R.S. Section 16-5-209 petitioners state as follows:

1. Petitioners Fleet Russell White, Jr. and Priscilla Brown White are husband and wife and are
residents of Boulder, Colorado.

2) Respondent David. J. Thomas is the duly elected District Attorney for the First Judicial
District of the State of Colorado ( “District Attorney Thomas”).

3) On October 22, 2002 petitioners delivered to District Attorney Thomas a letter and sworn
affidavits alleging that a person or persons had attempted to influence District Attorney
Thomas’ official decisiion regarding felony indictments of Craig Allen Lewis (The People of the
State of Colorado v. Craig Allen Lewis, Jefferson County District Court Case No. 99 CR 3053)
in a manner that violated C.R.S. Section 18-8-306, attempt to influence a public servant, and
possibly other Colorado criminal statutes. Petitioners requested that the matter be investigated
and prosecuted through the appointment of a special prosecutor and be recommended to the
Colorado Attorney General for investigation by a state grand jury. A copy of petitioners letter
dated October 22, 2002 is attached hereto as Exhibit A and is incorporated herein.

4. On or about October 23, 2002 District Attorney Thomas sent petitioners a letter refuting
petitioners allegations and declining to “conduct an investigation or to seek a special
prosecutor” in the matter. A copy of District Attorney Thomas’ letter dated October 23, 2002 is
attached hereto as Exhibit B and is incorporated herein.

5. As of this date, petitioners are unaware of any investigation, prosecution, or any other action
taken by District Attorney Thomas regarding the crimes alleged by petitioners nor have
petitioners been advised by District Attorney Thomas of his intention to take any such actions.

6. Petitioners do not know the dates on which the alleged crimes occurred. Petitioners do,
however, believe that the alleged crimes most likely occurred in the year 2000. Therefore, the
normal three-year statute of limitations for a felony offense such as attempt to influence a
public servant may expire in 2003 (footnote)

7. C.R.S. Section 16-5-209, Judge may require prosecution reads in part:

The judge of a court having jurisdiction of the alleged offense, upon affidavit filed with the
judge alleging commission of a crime and the unjustified refusal of the prosecuting attorney to
prosecute any person for the crime, may require the prosecuting attorney to appear before the
judge and explain the refusal.

This statute “specifically calls for a hearing and, therefore, the introduction of evidence” and
“allows pre-hearing discovery…pursuant to the rules of civil procedure.” Moddy v. Larsen, 802
P. 2s 1169 (Colo. App. 1990). Furthermore, it has been held that for the purposes of a hearing
pursuant to C.R.S. Section 16-5-209:

We conclude that pre-hearing discovery should be allowed here, pursuant to the rules of civil
procedure, for the examination of the following:

1) evidence considered by the prosecutor in making the initial decision not to prosecute,
including police reports;
2) evidence not considered by the prosecutor but still available to him; and
3) evidence of the prosecutor’s motive or lack of good faith or evidence which may reasonably
rebut the prosecutor’s claim of good faith.

To hold that a challenging party must prove that the prosecuting attorney’s failure to pursue a
case results from a cause that is unwarranted or unreasonable, without even limited discovery,
before any explanation by the prosecuting attorney is made, and without the opportunity to
present rebuttal evidence, is to render the General Assembly’s mechanism for prevention of
such abuse an empty shell. Furthermore, such a result is not consonant with sound judicial
administration. See Moody v. Larsen, 802 P.2d 1169, 1173 (Colo. App. 1990).

(Footnote 1) Petitioners believe that at least one of the parties alleged to have committed
crimes is not a resident of Colorado. His absence from the State of Colorado since 2000 may
have thus tolled the time limitations for prosecution pursuant to C.R.S. Section 16-5-401 (2).
8. Pursuant to C.R.S. 16-5-209, petitioners hereby request that the Court order District
Attorney Thomas to appear and explain his refusal.

WHEREFORE, petitioners respectfully request that the Court exercise its jurisdiction under
C.R.S. Section 16-5-209 by:

a) ordering a hearing and directing District Attorney Thomas to appear and fully explain his
refusal to prosecute any person for the crimes alleged by petitioners.
b) After such hearing and upon the Court finding that the conduct of District Attorney Thomas
was arbitrary, capricious and without reasonable excuse, directing him to conduct further
investigation of the matter and prosecutre the case, or in the alternative, appointing a
successor special prosecutor to do so; and
c) Providing such other and further relief as the Court deems just and proper.

Due to the likely expiration of applicable statue of limitations in 2003, petitioners request and
expedited ruling from the Court and the scheduling of a hearing at the earliest possible date.

Respectfully submitted this 7th day of April, 2003

Fleet Russell White, Jr.
Priscilla Brown White

CERTIFICATE OF MAILING

I hereby certify that on this 7th day of April 2003 the original of AFFIDAVIT REQUESTING
HEARING PURSUANT TO C.R.S. SECTION 16-5-209 was filed with Jefferson County District
Court and that a true and correct copy thereof was served on the other party by placing it in
the mail in the United States mail, postage pre-paid and addressed as follows:

David J. Thomas
District Attorney
First Judicial District
500 Jefferson County Parkway
Golden, Colorado 80401-6020

Fleet Russell White

Fleet Russell White, Jr. and Priscilla Brown White
(address and phone number redacted)

October 22, 2002

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