Evan Ravitz tel/fax: (303)440-6838
1130 11th St. #3
Boulder CO 80302 October 15, 1999
Dear Mr. Salazar:
Re: Ramsey Case and "grand secrecy"
This year I had substantive contact with 2 Grand Jury investigators, 2 District Attorneys, 3 District Judges, several Grand Jurors, the ACLU of both Boulder and Colorado, attorneys and citizens around the country. It has been an extraordinary education in what my pro bono attorney and Grand Jury expert David Lane calls the "Just us" system. Alex Hunter has prevented me from giving testimony to the Grand Jury, which is, according to Lane and the ACLU of Colorado, a denial of my rights under Colorado Revised Statute 16-5-204 (l) which states "Any person may approach the prosecuting attorney or the grand jury and request to testify..." (emphasis added) The ACLU says they will take my case (see my enclosed motion to Judge Hale) if a future grand jury considers the Ramsey matter.
I hope you will profit from my unique perspective on this singular situation. I have information about a probable pedophile in a very high position in Boulder who may have had means and motive to derail the investigation. I am a 21-year resident of Boulder, voted "Best Activist" by readers of the Boulder Daily Camera. My friend Dr. Robert McFarland, a retired physician and co-founder of Boulder's Parenting Place, has similarly been denied the chance to present what he's learned from treating, autopsying, and advocating for abused and other children for 38 years here.
Here is a time line of our major interactions:
In March, 1999, Dr. McFarland sent a transcript of a radio interview he conducted with Donald Freed to the Grand Jury Foreman, c/o the DA. The return receipt was signed by a Mr. Martinez.
On May 5, 1999, Det. Tom Wickman and Tom Trujillo, the Grand Jury investigators, interviewed McFarland and I for an hour. We had some indications that they did not follow up on our leads.
In June, McFarland sent the Foreman, again c/o the DA, a copy of the book Presumed Guilty: An Investigation into the JonBenet Ramsey Case, the Media and the Culture of Pornography by Stephen Singular , for which we were sources named in the acknowledgements. Again the receipt was signed by a Mr. Martinez.
In late June, Dr. McFarland realized that Mr. Martinez was not the Jury Foreman, James Plese. We called Mr. Plese at home who confirmed that he had never received the items. On June 28 we mailed copies of chapters 10 and 20 of the book to the homes of the 8 Grand Jurors whose addresses were in the phone book. We later received suspended prosecution for contempt for thus violating Judge Hale's no-contact order, of which we were unaware.
On September 7 Dr. McFarland sent his request to testify to the DA. He was denied. He then submitted his appeal to Judge Bailin, which was denied as well.
On September 20 I hand-delivered my request to testify to the DA's office. I received my denial on September 23.
On September 23 I myself finally read CRS 16-5-204 (l). On September 27th I hand-delivered my MOTION TO INSURE CITIZEN RIGHTS GUARANTEED BY Colorado Revised Statute 16-5-204 (l) for Judge Hale, my appeal of the DA's denial for Judge Bailin, and a letter for the Foreman almost identical to the one I wrote to Kane; copies of each to both the DA's office and the District Court Clerk's office. I never received replies from Judge Hale or the Foreman, nor any indication that my correspondence was received. I received Judge Bailin's denial of my appeal on October 14, a week after its date of October 7, due to the Court's special "normal mailing process" stamped on the document.
On September 28th I attended a meeting of the board of directors of the Boulder chapter of the ACLU, who told me to contact the Colorado office.
On September 29th I faxed my motion to Judge Hale to the Colorado ACLU and talked with Intake Director Simon Mole.
On October 8 Mr. Mole informed me by phone that the ACLU would take my case should a future grand jury consider the Ramsey matter. You can confirm this with Mr. Mole at (303)777-2628.
Citizens, in theory, have the final decision-making power in the justice system, and the Ramsey case is an example of why this should, in fact, be so:
The substance of our testimony to the police and what we still want investigated is what we believe DA Hunter most wants to avoid: the possibility that pedophiles- who we name- in very high places in Boulder de-railed the investigation in the first hours, possibly by calling off the FBI from immediately assuming its jurisdiction over an apparent kidnapping by "a small foreign faction" of the child of a Lockheed-Martin executive. Det. Linda Arndt has stated that she asked for the FBI and police backup before she even arrived at the Ramsey home and was told no. Later she was told everyone was in a meeting. Did the meeting include the FBI?
It is understandable that Mr. Hunter wants to avoid further marring the image of Boulder justice, the FBI or his long-time counterpart, the City Attorney of Boulder. However, "sunshine is the best antiseptic," and "this is a government of laws and not of men," at least outside of Boulder, at least theoretically. Here, the DA's exclusion of Dr. McFarland and I seems to demonstrate the "Just us" system noted by David Lane, who represented me in the contempt proceeding. Hunter himself referred to "grand secrecy" (sic) in the first minutes of his October 14 press conference.
Please read our letters. We have available copies of the other referenced documents and tapes. I urge that prosecution of this crime be removed from Boulder officials and the case given to a new grand jury. I urge that citizens be allowed First Amendment freedom to speak to and associate with our fellow citizens including future grand jurors on this and other cases. It may be a burden to grand jurors to deal with the volume of material that may be presented, but real justice precludes filtering by men with very special interests like DA Hunter. I recommend the wisdom of Ghandi: "Truth is the highest god."