A. Logic would conclude that.

Q. Yeah, and that was your conclusion?

A. Yes.

Q. And, you know, how many boxes did you store those materials in?

A. One cardboard box.

Q. Size?

A. A file-size cardboard box, a banker's box.

Q. How was it marked?

A. Unmarked.

Q. What color was it?

A. White.

Q. Did you have a concern? I mean, you've been in law enforcement for a number of years.
You've got an ongoing investigation. Did you take any particular precautions to maintain the integrity of
those documents?

A. No.

Q. Did you give them to Don Davis?

A. Don Davis doesn't have -- no, he doesn't have that box or any of those records.

Q. Did he look at them?

A. Are you talking about the preparation of the book?

Q. I'm talking about the reports. Did Don Davis ever see the reports --

A. He may have.

Q. -- and the copies of the file that you made?

A. He may have.

Q. Have you ever made any effort to find them?

A. No.

Q. When did you learn that they were lost?

MR. DIAMOND: He didn't say ever they were lost.

MR. WOOD: I'm sorry?

MR. DIAMOND: He never testified that they were lost.

MR. WOOD: Misplaced or lost. Can we agree one of the two things occurred? I always kind of
figured lost means misplaced, too. When you've lost something, you've lost it. It doesn't imply
intentionally. Although, one might draw their own conclusion.

Q. (BY MR. WOOD) The point is when did you -- if you -- you've made no effort to look for
them. When did you first learn that the file box was either lost or misplaced and couldn't be found?

A. The last time I recall looking in that box was at some point in the weeks prior to the book coming
out.

Q. I'm not asking you the last time you looked at it. I'm asking you when you first learned that you
couldn't find it. You came here today under oath and told me --

A. I haven't been looking for it, Mr. Wood.

Q. Because you've told me under oath, sir, that you can't find it, haven't you?

MR. DIAMOND: I don't think he has. I don't think he's ever testified to that. Why don't you ask him
that.

Q. (BY MR. WOOD) Didn't you tell me where -- do you know where it is?

A. No.

Q. Have you made any effort to look for it in recent months?

A. No.

Q. You didn't think that, you know, Lin Wood is going to examine me on the Ramsey investigation, I
ought to try to read over some of my reports and remember some things so I'm up to speed; you didn't
ever have that thought as you came into this deposition?

A. No, I'm here to answer your questions today.

Q. But why would you not want to refresh your recollection about the investigation when you know
I'm going to be asking you about it and you knew that?

A. I did. As I told you earlier, I reread my book.

Q. But your -- all these reports and all these copies of police reports, there is a lot more information
there than what is in your book, isn't there, sir?

A. There may be, yeah. The book is not a police report, it's a narrative.

Q. No, then it's not complete. It certainly is not as complete as the hundreds of pages of police files,
reports and copies of reports that you have had at least at some point in time in your possession, is it?

A. It's not a reproduction of the 30,000 plus page case file, no. That's ridiculous. No.

Q. It's not a reproduction of the hundreds of pages that you had in your possession, is my question, is
it, sir?

A. No.

Q. I mean, if we want to find out what information you know about this investigation from the police
reports, we can't get an answer to that from reading the book. We would have to look at all the files
and the reports that you had, wouldn't we?

A. I'm here to answer your questions today.

Q. Answer that one for me. If I want to try to find out what information you had known or what
you knew about this investigation from all these hundreds of police reports that you copied or that were
sent to you, I can't get that answer from your book. I can only get that answer if I can look at those
files and reports, true?

A. Okay.

Q. Is that true?

A. Sure.

Didn't he present himself in public as being the most informed detective in the case?

HE DOESN'T HAVE A CLUE.

Do you think he didn't bother to look for that box of information because then he could (half)truthfully say, "I don't remember or I don't know" to Lin Wood's questions? He brought his "bible" with him instead (JBITRMI).

He has been talking/writing quite freely about all of these things that he now claims he knows nothing about or cannot remember. If I had the time I'd hunt them down and post them up against his answers in this depo.

He was either being extremely obstructive in this deposition or he is extremely obtuse. No wonder Carnes did not give him and his theory much credence.

Judge Carnes read this, maybe watched the tape and saw his demeanor - - DA Keenan has as well.

The BORG is strangely quiet on their forums - - - the deposition is not copywritten - - they are welcome to take the deposition quotes - - I want them to take them - - they are the truth - - what Thomas had to say under oath.

Q. (BY MR. WOOD)

A.

Q.

A.

Q.

MR. DIAMOND: He's doing well by some standards.

MR. WOOD: He's doing well by my standards. You don't need to put that on the record in case my
wife, present wife, and last wife number four sees it.

Q. (BY MR. WOOD) Mr. Thomas, I'm going to go back and make sure I'm very clear. The copies
that you made of the police file information before you turned it back into the Boulder police, you knew
you were not authorized to copy that material and keep it, didn't you?

A. Not necessarily. This was my work and briefcase.

Q. So if it was the Boulder Police Department report and your briefcase, you thought you had a right
to copy it and keep it after you left the department; is that your testimony?

A. If I later had to testify or if there was a question about what I returned to the department, that
would satisfy that.

Q. Did you check with anyone within the department to make sure that was the department's policy
and rules?

A. No, there was little conversation with the administration after I left.

Q. As I understand it, you remember last seeing these documents and the box that had these
documents in it, the ones that you had been sent from the Boulder Police Department people after they
learned that you were writing the book --

MR. DIAMOND: I'm sorry, after?

Q. (BY MR. WOOD) I thought that he told me he started getting them in early 1999 after he
announced he was writing the book; isn't that true?

MR. DIAMOND: Okay. I misheard you.

A. That's right.

Q. (BY MR. WOOD) The anonymous ones from whom you clearly believe were Boulder police
officers?

A. That's right.

Q. I was confused and hopefully it won't happen too often but it may not be the last time, but as I
understand your testimony, you haven't looked for that box, you just recall that you saw it sometime last
perhaps this March of 2000, right?

A. Yes, I had that box March of 2000.

Q. So you don't know because you haven't looked today whether that box is still in your possession,
custody or control? You don't know one way or the other because you haven't looked for it, right?

A. Right.

Q. I'll give you a subpoena. I'll get you to acknowledge as I hand it to you, sir, would ask you to go
now and look for those documents that at some point are consistent with the exhibit attached to the
subpoena. Do you acknowledge that I handed you that subpoena?

MR. DIAMOND: I will. So stipulated.

MR. WOOD: Thank you.

MR. DIAMOND: You asked us to consider a request during the lunch hour with respect to
confidentiality.

MR. WOOD: Yeah, but I realized you had already agreed to do the confidentiality deal because of the
social security number.

MR. DIAMOND: But I've agreed that I might designate portions of this deposition subject to a
confidentiality order. In terms of subjecting my client to the terms of an order that he is otherwise not
subjected to, we have decided we don't want to do that. And so I would ask you simply just ask him
questions and don't -- refrain from disclosing --

MR. WOOD: I'll ask him whatever I feel is appropriate.

MR. DIAMOND: Sure.

MR. WOOD: You can decide or Darnay can decide what you and he want to do about it but, as I
understand it, you don't agree to be part of the protective order that is available that Sean has reviewed
prior to the deposition today?

MR. DIAMOND: With respect to third-party materials, that's correct.

MR. WOOD: Would you sign on in any potential?

MR. DIAMOND: What's that?

MR. WOOD: You either accept the order for Mr. Thomas or you go get a new order that says that
Mr. Thomas' deposition in some part is confidential.

MR. DIAMOND: Mr. Thomas isn't accepting the confidentiality order.

MR. WOOD: Fine.

MR. DIAMOND: I may well designate portions of his deposition confidential.

MR. WOOD: Then when you do that, you will have signed on to the protective order.

MR. DIAMOND: I disagree, but that's a matter for the --

MR. WOOD: Well, you will get a new protective order.

MR. HOFFMAN: That is a matter for the judge to decide.

MR. WOOD: Right, it is. We won't count that part against my time, I hope?

MR. DIAMOND: We'll count from 2:05 against your time.

MR. WOOD: That won't be part of it.

MR. DIAMOND: Sir --

MR. WOOD: Let's go.

MR. DIAMOND: -- you're wasting your time.

MR. WOOD: No, you're wasting my time. Let's go forward.

MR. WOOD: Did I give you a copy, too, Sean? I think I gave you --

MR. SMITH: I think so. I may have the original.

MR. WOOD: -- two copies and the original that I handed to the detective, former detective, excuse
me.

MR. SMITH: I may have the original.

MR. WOOD: Yeah, I just wanted to make sure I didn't give you all my copies.

MR. DIAMOND: I will. So stipulated.

MR. WOOD: Thank you.

Love it!!!

I think everyone in this case has stuff they are not sharing, no way, no how. Sometimes it is to protect a source, other times to keep a confidence, and sometimes, (here, I think) to cover one's butt.

I know of a few file drawers and cardboard boxes and computer hard drives in Boulder and Denver and the surrounding areas that I would love to see handed over to the new investigators.

>MR. DIAMOND: I will. So stipulated.

>MR. WOOD: Thank you.

>Love it!!!

Oh yeah! This is one of my favorite parts of the deposition. I wonder if Stevie has coughed up that box, yet?