The Injustice Continues. The letter from the Whites to Governor Owens

Forums for Justice Press Release

Sorry to be so late getting this up on the forum. I've been really busy today.


FOR IMMEDIATE RELEASE April 28, 2004
CONTACT:
Tricia Griffith
Forums for Justice.org
Website www.forumsforjustice.org

FORUMS FOR JUSTICE.org TO DELIVER PETITION TO GOVERNOR BILL OWENS.

On Friday, April 30th, seven years to the day John and Patsy Ramsey sat down for their first official police interview, members of the website Forums
for Justice.org will deliver a 100-page petition asking for a special
prosecutor in the JonBenet Ramsey murder investigation.

The petition has been up on the Internet for less than a year and has
gathered over 1,400 signatures along with comments for Governor Bill Owens.

“We started the petition to have the case removed from Boulder D.A. Mary
Keenan long before the C.U. scandal broke,†said owner Tricia Griffith.
“Now more than ever the Governor must appoint a special prosecutor if
JonBenet Ramsey is ever to receive justice.â€

It appears Forums for Justice has the Colorado Supreme Court on their side.

A long-standing Colorado law, Pease v. District Court, 708 P.2d 800,803 (Colo. 1985), imposes an absolute responsibility on every district attorney and his staff to refrain from acting as both witness and prosecutor in any criminal case if their testimony substantially prevents defendants from getting a fair trial. D.A. Keenan has made it clear that she has no intention of upholding that absolute responsibility by relinquishing the Ramsey case to unbiased officials for investigation. Pease requires the necessary and appropriate appointment of a special prosecutor in that event and forms the legal basis for FFJ's petition request to Governor Owens to comply with that law in the Ramsey case.

“Keenan’s unethical comments after civil judge Julie Carnes ruling that an intruder was the likely killer of JonBenet Ramsey were enough to pull Keenan from the case.â€

Additionally, Mr. Smit, as D.A. Keenan's investigator, would undoubtedly be called to testify in any criminal prosecution of the Ramsey case, and was the sole witness to testify in the civil lawsuit that produced Judge Carnes' ruling.

Former Boulder D.A. Alex Hunter provided an affidavit in a case involving the Ramseys and the investigation. (a copy of this affidavit has been sent with the press release.)

Finally Mary Keenan has been identified in court documents as a witness in another civil suit involving the Ramseys.

In our opinion, and according to the Pease law, the Governor has no option but to appoint a special prosecutor.

Tricia Griffith
www.forumsforjustice.org/forums

 

Forums For Justice Ramsey Case Petition Presented to the Governor of Colorado

http://www.denverpost.com/Stories/0,1413,36~56~2117573,00.html


Petition requests Ramsey prosecutor
By Marcos Mocine-McQueen
Denver Post Staff Writer






BOULDER - A request to appoint a special prosecutor in the JonBenet Ramsey murder case will make its way to Gov. Bill Owens today.

Tricia Griffith - who runs the website forumsforjustice.org - and about a half-dozen other people plan to present a petition with roughly 1,400 signatures calling on Owens to remove Boulder County District Attorney Mary Keenan from the case and replace her with a special prosecutor.

JonBenet was 6 years old when she was found beaten and strangled to death in the basement of her family's home in Boulder on Dec. 26, 1996. No suspects have been named in the case.

Griffith and the members of the group say Keenan is not treating JonBenet's parents, John and Patsy Ramsey, with due suspicion.

"Those two are under this so-called 'umbrella of suspicion,' but Mary Keenan has been making statements like, the Ramseys are innocent," Griffith said. "She's proven herself to be biased."


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Griffith points to two specific instances. First, Keenan's decision to rely on Lou Smit, a private detective who has worked for various parties in the case and has said he believes an intruder killed JonBenet

The second objection to Keenan is related to a decision issued by a federal judge in a civil suit brought against the Ramseys in Atlanta. The judge wrote in her unusually detailed decision that the evidence pointed to an intruder, not the Ramseys. Keenan called the judge's findings "thoughtful and well-reasoned."

Don Quick, the chief deputy attorney general, said that the statute authorizing the governor to appoint a special prosecutor does not spell out when such a move should be made.

Griffith and her colleagues have no direct relation to the case. Signatures on her petition were gathered over the Internet, and there is no way to verify their validity.

Owens does not plan to meet with them but says he welcomes their visit.

He has asked his attorney to meet with the visitors to see if they have any new information, which Griffith acknowledges the group does not have.

Keenan said there is no need for a special prosecutor in the Ramsey case and dismissed accusations that she's biased in favor of the Ramseys.

"I told my investigators to follow the evidence, and that's what they're doing," Keenan said. "We're still investigating it, and we're making progress."

 

More press:

Story is on AP Wire, and CBS-TV, Denver Channel 4:

http://news4colorado.com/colorado/CO--JonBenetRamsey-dn/resources_news_html

 

Daily Camera- Saturday

http://www.dailycamera.com/bdc/city_news/article/0,1713,BDC_2422_2852419,00.html

Owens aide hears JonBenet request
Women seeking special prosecutor say hearing was fair

By Ryan Morgan, Camera Staff Writer
May 1, 2004

DENVER — Four women who traveled from around the country to ask Gov. Bill Owens to appoint a special prosecutor to investigate the JonBenet Ramsey murder said Friday they made some progress toward their goal.

Tricia Griffith, who launched the Web site Forums for Justice, met with Cynthia Honssinger, Owens' chief legal counsel, for about 45 minutes Friday. Many of the Internet group's members say they suspect that John and Patsy Ramsey were involved in the 1996 slaying of their daughter.


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Even though Owens on Thursday said he saw no need to appoint a special prosecutor, Griffith said Honssinger gave her a fair hearing.

"We are very pleased with the welcome we received. The governor's legal counsel was very polite and very welcoming," said Griffith, who came from Park City, Utah. She added that she doesn't expect her presentation to make a difference overnight.

"Do I think a special prosecutor will be appointed tomorrow? No," she said.

Griffith and others cite a 1985 Colorado Supreme Court decision requiring prosecutors who testify in civil litigation related to their prosecutorial duties to recuse themselves to make way for a special prosecutor. Since Boulder County District Attorney Mary Keenan's name appears on a witness list in a civil suit related to the Ramsey murder, a special prosecutor should take over, Griffith said.

Dan Hopkins, a spokesman for Owens, said Honssinger would weigh carefully the evidence Griffith presented Friday.

"She's going to review all of the information that they left with her and run it past the governor and see if there's anything new or different in there that would warrant" a special prosecutor, Hopkins said

Owens appointed a special prosecutor in February to investigate allegations that the University of Colorado used sex to lure football recruits.

That first-ever appointment of a special prosecutor by Owens should set a precedent and pave the way for one in the JonBenet case, say both Griffith and Fleet White, a former friend of the Ramseys, who last month asked Owens to make such an appointment.

 

Way to Go, Tricia & Co. !!!!!!!!!!!!!!!!!

:sundae: :rose: :takeabow: :rose: :sundae:

 

With all due respect:

Exactly what does any of this have to do with Pease; specifically, where in the Pease Decision was jurisdiction even mentioned? This sounds Red Herringish to me. Why is jurisdiction being made an issue when it simply isn't?

So the story goes. I'm not so sure about this one.

Excuse me? Didn't Ms. Honssinger just say that Keenan asked to be removed from the case? If that is the case, then they would only be TAKING one case away from Keenan, since she voluntarily (allegedly) asked to be removed from the CU case.

As Tricia already stated, this statement will not stand up to a Pease challenge and therefore is N/A.


I will be interested in hearing about Ms. Honssinger's ideas, Tricia. Please keep us informed. I am grateful Ms. Honssinger took our group seriously enough to meet with them for nearly an hour and listen to their concerns, and I thank her for that. I do, however, have grave concerns and questions regarding her statements.

 

Tricia, WY

regarding Cynthia's answers to you. I had the distinct impression during the interview that there were times that Cynthia or CH as I will call her from now on was choosing her words very very carefully. I can't give you an example. Also it struck me that Ch wanted to say more and wasn't proud of the job that Keenan is doing at this time. That I think she said outright. In fact I think CH wanted to say more about that but couldn't. I do believe she was open with us as far as she could be open. But I also had the very strong belief that she wanted to say more but couldn't. I can buy all of that because she was in a difficult positon or rather not difficult but well, representing the gov after all. She did at the end of it all give Tricia some guidelins to follow up on.

 

IOW, Zoomama, politics as usual?

 

I can

understand what zoomama is saying with CH...she could be quoted and she was there to represent the Governor.

I too will be interested on what her suggestions were as to the next "step".

It's good to know there is more to do that could possibly help this case.

 

Wy,

Yes to a certain degree. She of course, did not have the power to actually change anything.

Thanks Sparky you got it right too!

 

Why new evidence?

Why does Governor Owens need new evidence, Tricia? Doesn't he realize it's the old evidence which leads to the Ramseys? Is he overlooking the inconsistencies of the Ramseys? Has he himself read the police files to see how Patsy Ramsey replies to the detectives questions? The evidence of JonBenét's red top having been removed and wrung out, and replaced by the white top with the sequined star. Patsy Ramsey put her foot in it on the 26 December by telling the police JB had gone to bed in a red top, then later she changed it to the white top. Plus the fiasco of John Ramsey and the broken window in the basement. Why does Governor Owens keep talking about new evidence? It's staring him in the face. The amateur garrote classified as a complicated pedophile contraption made from the same type of white trim on Patsy Ramsey's jacket.

Governor Owens doesn't need new evidence. He needs someone smart enough to examine the evidence which is already there. I'm disappointed in him if this is all he can come away with. The Ramseys need to be questioned again by someone who won't take there ..."er ...um...I don't recall" replies.
Yes, I'm very disappointed in Governor Owens right now!.

 

New book on Boulder Police Department

Glad to see new interest and progress on the Ramsey case. Your readers might be interested in my latest book, "Behind the Badge: 125 Years of the Boulder, Colorado, Police Department." It does have some information on the Ramsey case. See http://www.thebooklode.com/Behindba.html

 

Hello, Silvia. I was wandering around the Internet a couple of months ago and found the information about your book. You can check out the thread I started on it here on FFJ, because I was indeed interested in it.

Glad to see you here.

http://www.forumsforjustice.org/forums/showthread.php?t=4387

 

Welcome to all the new members and readers from Boulder! Your interest, participation and support of FFJ activities are deeply appreciated and respected. Hi, Silvia! Will check out your book ASAP-sounds like a very interesting historical.

Tricia, you never cease to amaze me! Pease was our mighty find and the perfect foundation for your efforts with Ms. Honnsinger. You "argued" it and FFJ's position very well for a "nonlawyer"! LOL

As for Ms. Honnsinger's position regarding multiple jurisdictions in the CU case, that problem is easily solved without the appointment of a special prosecutor. DA's from the several districts can all sign onto the case (co-counseling) and investigate their own county's aspects. Usually, one lead prosecutor will then try the case, with the others assisting in special areas. There are greater benefits in these co-counseled cases as well, as resources from several counties (and the funds to pay for them) are shared amongst the counties' coffers, so case expenses on the books at the individual levels are easier on all the counties and state funds don't need to be expended with a special prosecutor. As you so wisely noted, Ms. Honssinger's reliance on multiple jurisdictional considerations as justification for "taking" the CU case away from Keenan is extremely weak at best.

No one "took" the CU case away from Keenan; she alleges she voluntarily recused herself. Either she did indeed or there's another little white lie floating around Boulder. As WY points out above, Ms. Honnsinger's remarks about any potential precedent-setting in removing TWO cases from Keenan are easily defeated by Keenan's own claims of voluntary recusal in the CU case. The Ramsey case would be the only case to be involuntarily surrendered by Keenan. Additionally, Keenan has offered no sound and reasonable rationale for keeping the case. She has only publicly stated that just because she gave up the CU case for conflict of interest reasons doesn't mean the Ramsey case DESERVES a special prosecutor. Aside from having profoundly poor judgment in choice of words in that remark, because in most folks' minds a 6 year old child's brutal murder deserves ALL of a county and state's resources for resolution, Keenan appears to believe that special prosecutor appointments are meted out on the basis of deservement and not law and ethics. Wrong again, Ms. Keenan. Go read the Pease case for yourself.

Furthermore, the CU case involves a state-funded university, so any civil litigation arising from it will need to be filed at the federal level as, no doubt, the state itself will be a named defendant. Keenan has already given deposition testimony in that case and is an identified witness in the Fox case involving the Ramseys, meaning there is little doubt that she will be providing deposition testimony at some point as discovery progresses. I do hope the Fox attorneys are cognizant of the crucial nature of such testimony. Clearly, if civil testimony in the CU case was sufficient grounds for voluntary recusal, certainly Keenan's inevitable civil testimony in the Fox case should bear the exact same weight in the Ramsey case. Therefore, consistent with Pease, any civil testimony will disqualify Keenan from prosecuting any criminal case arising in Ramsey if Pease is applied, as it should be. Despite this obvious conflict of interest, Gov. Owens has allowed Mary Keenan herself to decide if she should continue on the case. Gov. Owens himself then violates the controlling law in CO on this issue the longer he allows Keenan "first right of refusal."

Are we therefore left to believe that the ONLY reason Keenan voluntarily recused herself from the CU case is because there are clear liability issues in that case for the state of CO? If so, then we must conclude that there is blatant favoritism being given to the CU case simply because of the obvious state liability, such discrimination again is in violation of Pease. Pease makes it perfectly clear that NO criminal case, even when one possesses an underlying civil suit with potential liability upon the state, should receive favored nation status. Pease is a universal law to be applied fairly, evenly and consistently in ALL criminal cases, whether state liability is at issue or not.

As you also reminded Ms. Honnsinger, Pease also carries an ABSOLUTE duty of recusal by any staff of the D.A., former or current. Hunter's affidavit alone suffices under Pease to disqualify the entire Boulder DA's office. The term "absolute" does not mean "voluntary" or "optional" at the discretion of the very prosecutor who should be disqualified. The removal of the Ramsey case from the Boulder DA's office should not be a decision involving or made by Mary Keenan in any way. To do so just gives more liberty to her already profound bias which is already prohibiting her from surrendering the case.

Lastly, Keenan's public statement regarding her belief in an intruder theory is strong enough to violate the Rules of Professional Responsibility cited in the Pease case that forms a basis for disqualification, even IF she never gives civil testimony.

Any kind of professional assessment of the "investigation" conducted by the Boulder DA's office since its case confiscation from BPD would reveal that NOTHING significant evidence-wise has been accomplished to disqualify the Ramseys from any suspicion OR develop any culpable evidence even persuasive enough to support any intruder theory, much less identify a suspect or bring charges, despite the exaggerated spin put on it by Lin Wood. There isn't even one full time investigator assigned to the case, much less any "fresh eyes" as promised by Keenan. Her "investigation" falls very short of any recognizable LE standard, much less comes anywhere close to the effort made by BPD to develop substantial evidence to keep the Ramseys under that infamous umbrella! Yet, for the $2 million cost and an exhaustive investigation, despite rocky beginnings, that led to sufficient evidence to identify not one but two suspects, an astounding performance by BPD, Keenan still felt strong enough about alleged BPD bias against the Ramseys to remove the case from them. This amounts to nothing more than calling the kettle black when Keenan's performance pales in comparison at the same time her bias in favor of the Ramseys has been just as extreme as she claims BPD's was against the Ramseys. Amazing!

While I respect the delicate position Ms. Honnsinger was in in meeting with FFJ representatives as the governor's spokesperson, there is no doubt in my legal mind that Keenan and her staff, including Lou Smit, must absolutely be relieved of custodial, investigative and prosecutorial responsibility for the Ramsey case, not only for sheer negligence in investigating the case but under Pease obligations as well.

THAT is the new evidence Gov. Owens insists must be present before he will act in accordance with his sworn duties under Pease. Now we can only hope that Gov. Owens will put on his duty-bound glasses to see it.

 

DejaNu:

“Lastly, Keenan's public statement regarding her belief in an
intruder theory is strong enough to violate the Rules of
Professional Responsibility cited in the Pease case that forms a
basis for disqualification, even IF she never gives civil
testimony.â€

DejaNu, your well-reasoned arguments, inclusive of the quote
above, is indirectly, but clearly, verified by the parties
themselves.

By Owen S. Good, Rocky Mountain News
December 24, 2002

“Wood said Boulder police "gave the theory of John and Patsy
Ramsey its best shot, and it just didn't fly because the evidence
is not there."

"If it is believed this was a deal for Mary Keenan to take the
investigation and cut a deal with Lin Wood to avoid being sued,
it just didn't happen," Wood said. "I say that even though I made
it very clear to Mary Keenan that we would be willing to forgo
the lawsuit if she transferred the case."

Wood, prompted by the desire to show his “powerâ€, admits the
threat. Keenan not only capitulates and takes over the case, but
clearly moves into the Ramsey camp as their defender. The
following is part of a letter from Keenan to Wood.

“December 20, 2002
Dear Mr. Wood:

Since I took office in January of 2001, the Ramsey case has
weighed heavily on my mind. I assigned Bill Nagel to review the
file. Bill and I have discussed at length the history and the
status of this investigation.....

In early October, shortly after much of our review had been
completed, you sent me a letter outlining a request from Mr. and
Mrs. Ramsey that an Independent investigation of this case be
initiated. .....In deciding how to proceed at this point in time,
I met with you and Chief Beckner to discuss your request.â€

Is there any doubt that the Ramseys and Wood were and are running
the “investigation?†Is there any doubt that Wood’s “request†is
nothing more than telling Keenan to exclude the Ramseys from the
“investigation.†When the only viable suspects are excluded from
investigation, just what in the hell is she allegedly
investigating?

Given all this (and more), the “no new evidence†dodge by Owens
is about as sickening and pathetic as the shenanigans of Wood and
Keenan. The only remaining question is when will the Ramseys and
Wood be presented a deed to the Courthouse.

 

Tricia

I respectfully request that you fax Ms. Honssinger a copy of Dej's post.