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The different categories of evidence in the Ramsey case |
How production of evidence can be compelled |
What evidence the Ramseys have provided investigators, and when, by category |
What evidence investigators still need, by category |
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Many sources are provided
in the sources link below for those who are interested in more detail
about this complex aspect of a complex case |
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EXAMPLES OF TYPES OF EVIDENCE
WITHIN THIS CATEGORY |
HOW THIS CATEGORY OF EVIDENCE
CAN BE COMPELLED |
Nontestimonial Evidence |
handwriting samples |
This kind of evidence can be compelled by court order if those requested to produce it refuse. Court orders are issued by judges at the request of police and the district attorney if sufficient probable cause is established. A grand jury is not necessary to compel this type of testimony if probable cause exists, nor can it be refused at pleading the fifth. |
Evidence Seized by the Use of Search Warrants |
the many items of household possessions and trace evidence seized during the searches of the Ramseys' homes, vehicles, etc. |
Search warrants can be obtained by court order if consent is not granted voluntarily. A grand jury is not necessary to compel this type of evidence if probable cause exists. |
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clothing worn by the Ramseys 12/25/96 |
An
item not seized during an authorized property search and requested later,
such as specific items of clothing, would likely need a subpoena to compel
its production at this late date, particularly in this case where the Ramseys
have moved their possessions out of state.
Also, in cases where Boulder DA Alex Hunter denied search warrants requested by the Boulder Police Department, subpoenas would likely now be required to obtain that evidence if it is not handed over voluntarily. |
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medical records |
Although
police submitted requests for search warrants to obtain certain documentary
evidence from the Ramseys, they were denied by the DA, according
to the 8/6/98 letter of ex-BPD Det. Steve Thomas.
Ironically, the DA is now going use grand jury subpoena power to request many of the same documents he claimed earlier lacked probable cause to justify a search warrant, and which the Ramseys have apparently failed to turn over voluntarily in spite of promises to do so. Medical records are privileged, and must either be turned over voluntarily or subpoenaed. |
Testimonial Evidence |
Interviews: basic questioning to determine facts |
Everybody
has the Constitutional right to remain silent. Testimonial evidence is
always voluntary, unless compelled by a subpoena.
If a reluctant witness is subpoenaed by a grand jury or court of law, he must speak or can be held in contempt of court and possibly jailed and/or fined. A grand jury witness may plead the Fifth, but can be compelled to testify if the prosecutor grants him immunity. Testifying before a grand jury is done under oath, unlike police interviews and interrogations; false testimony is therefore subject to perjury charges. |
CATEGORY OF EVIDENCE | EVIDENCE INVESTIGATORS ALREADY HAVE AND DATE COLLECTED | OUTSTANDING
EVIDENCE WHICH NEEDS
TO BE SUBPOENAED |
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handwriting
samples: According to the
3/6/97 Charlevoix search warrant affidavit, John Ramsey provided handwriting
samples 12/26/96, 12/28/96, and 1/5/97; Burke Ramsey provided a handwriting
sample 12/28/96; and Patsy provided handwriting samples 12/28/96, 1/4/97,
2/28/97, 4/12/97, and 5/20/97. The latter three were produced after varying
degrees of negotiation by Patsy's attorneys.
There is some confusion about the total number of samples John provided. While the affidavit states he had already given three samples by early January, according to the 2/18/97 Denver Post, John was asked verbally by the BPD to submit a third handwriting sample in mid-February. According to the article, his attorneys said they needed something more substantial than a verbal request before they allowed him to oblige; it was apparently never pursued. To add to the confusion, John's attorney Bryan Morgan stated in the documentary that John gave two handwriting samples altogether, and Patsy, five. hair samples: provided by all three 12/28/96 blood samples: provided by all three 12/28/96 |
None that
is known. According to what is publicly known, all nontestimonial evidence
which could have been compelled by court order has been voluntarily produced
by the Ramseys with the possible exception of a handwriting sample verbally
requested by the BPD and referred to previously. It is not known whether
any other nontestimonial evidence is outstanding.
It should be noted that Det. Linda Arndt reportedly handed over a copy of the ransom note to Lee Foreman of the Ramsey team the first week of January, so the Ramseys had access to the note prior to giving most of the handwriting samples. |
Evidence Seized by the Use of Search Warrants |
4
search warrants for the Ramsey Boulder property issued 12/26/96,
12/27/86, 12/29/96, and 1/30/97 and resultant
seized items
2 search warrants for the Ramsey Charlevoix, Michigan property issued 1/5/97 and 3/6/97 and resulting seized items |
None
that is known. It
has not been reported that anything that was initially requested in the
search warrants has not been recovered. However, items that were not seized
at the time search warrants were operative are discussed in the category
below.
Information has not been publicly released as to whether John Ramsey gave consent for his home to be searched the day the body was found. In fact, police were away securing a search warrant when he found the body, supposedly under the direction of BPD Det. Linda Arndt. The Ramseys have cooperated fully with requests to search, according to information available. Ironically, it is the DA who has dragged his feet on approving search warrants requested by the BPD, according to Det. Thomas and other sources. Search warrants are generally sought even when consent is granted to ensure admissibility of evidence, so the fact that search warrants were obtained has nothing to do with whether or not the Ramseys consented. |
and Evidence Sought by Search Warrants Denied by the DA |
clothing worn by the Ramseys 12/25/96: the clothing was requested by the BPD 11/97; two shirts, a pair of pants and a sweater were turned over by the Ramseys 1/98 |
Unspecified evidence.
It
is not known if there is more clothing in the Ramseys' possession which
has not been turned over. It is thought that there are other items of evidence
that police consider critical to the investigation that has never been
collected, but it is not known specifically what this evidence is and who
is to blame for the failure to be collected.
According to Det. Thomas, there were requests for search warrants of Ramsey property which have been denied by the DA. It has been documented that the DA denied a BPD request for a search warrant for the hangar in which their jet was housed. It remains to be seen how much of this "missing" evidence will be subpoenaed by the grand jury. Det. Thomas also stated that there is evidence which has not been tested yet, but only the DA's office can authorize the testing at this point, with or without a grand jury. |
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Documentary Evidence |
Unspecific
documentary evidence. It is not known precisely
what documents the Ramseys have voluntarily turned over to authorities
and when they did so, but they have submitted some documentary evidence.
The Ramseys allowed Burke and JonBenét Ramseys' medical records to be released early in the investigation (JonBenét's medical records from pediatrician Dr. Beuf logged in 1/10/97 according to an affidavit accompanying a search warrant), and provided other documentary evidence to the DA in June 1998, 18 months after the murder. At that time the Ramseys promised to turn over all documentary evidence requested. In June, 1998, Larry Pozner, who is an NBC legal analyst and trial attorney in Denver who does not officially represent the Ramseys, stated that the Ramseys had handed over Patsy's medical records and phone records. He also claimed the Ramseys had been cooperating with the DA's office for at least a year, both answering questions and turning over documents. Hal Haddon, John Ramsey's attorney concurred that they had been cooperating. DA Hunter denied that such a relationship existed and stated there had been no contact whatsoever between his office and the Ramseys. |
Unspecified
documentary evidence.
Since it is not known what documentary evidence has been turned over, it is not known what documents are still be sought by the grand jury. However, recent news reports mentioned Patsy's medical records, credit card records, and phone records. This is contrary to reports by Larry Pozner that the Ramseys had voluntarily submitted these documents. The latter two, at least, were reportedly requested early on by the BPD, who wanted to issue search warrants to compel their production, but the request was denied by the DA at that time. |
Testimonial Evidence |
12/26/96:
John, Patsy and Burke Ramsey were questioned (but not separately)
by police when JonBenét was still presumed to be kidnapped. John
spoke to police after JonBenét's body was found. Neither Patsy nor
Burke was questioned that day after the body was found.
1/8/97: Burke was interviewed for two hours by a child psychologist with the Dept. of Social Services, and the police were allowed to submit questions and view the interview through a one-way mirror. However, it should be pointed out that such an interview is required in any situation where a child dies in Colorado, and was to determine whether Burke would be allowed to remain with his parents. A video of the interview was given to the police. 4/30/96: John and Patsy first met with police and district attorney interrogators over four months after the murder. The terms of the interrogation, which consisted of six hours with Patsy and two with John, had been negotiated for months. The Ramseys finally agreed, but only after DA Hunter turned over copies of police reports which detailed the behavior of the Ramseys on December 26 as well as their prior statements. Experts in interrogation were aghast that Hunter would undermine the interrogation process in this way. Their attorneys were in attendance. July 12, 1997: John and Patsy met with Assistant DA Pete Hofstrom (a fellow church parishioner who had hosted a handwriting sample session for Patsy in his home) and Special DA Investigator Lou Smit and several police for an informal interview which is said to have lasted less than an hour. They were interviewed together. June 10-12, 1998: Burke was interviewed/interrogated in Atlanta for three two-hour sessions by a representative of the Boulder DA's office. His attorney was present and the questioning was videotaped. June 24-26, 1998: 18 months after the murder, after the police handed the case over to the DA, John and Patsy met with DA representatives for three days of interrogation. Police handed the case over to the DA, John and Patsy met with DA representatives for three days of interrogation. |
Possibly
more testimony of John, Patsy and Burke, who would be under oath before
the grand jury. Ramsey friends who have been reluctant witnesses and not
spoken to authorities to date and Ramsey family members are also expected
to be subpoenaed.
The Ramseys have expressed distrust of the Boulder Police Department since early in the investigation. Once the BPD turned the case over to the DA's office in June, 1998, the Ramseys volunteered to be interrogated by the DA's office if the police were excluded from the process. The Ramseys had hoped their June, 1998 sessions with the DA's office might pre-empt a grand jury being convened in this case or at least preclude their having to testify. It is still possible that they would not be subpoenaed to testify and their previous questioning would be submitted instead, but Fox News recently reported that the Ramseys are expected to be subpoenaed. The testimony they have already given would be used to assess the credibility of any new testimony. It has been stated that Ramsey friends who have refused to speak to authorities will be subpoenaed, but they have not been identified, nor have Ramsey family members who might be questioned. Although Patsy gave the "green light" in August, 1998, to her friends and family to speak publicly about the case (only sister Pam Paugh emerged), apparently some Ramsey supporters have refused to speak privately to authorities. The Whites, ex-friends of the Ramseys, have cooperated with the police throughout but perhaps have not been willing to speak to the DA's office, as they have expressed fear that the DA will share anything they disclose with the Ramsey team. Also, according to Fleet White, his attempts to communicate with the DA's office have been one-sided (the DA has not appeared interested in Fleet's status or testimony as a prosecution witness). There may be other witnesses who fall into this category as well. |
Errors by the Boulder Police Department
Failure to be skeptical about the kidnapping.The Ramseys' retention of an extensive legal team Although entirely within their rights, many feel the Ramseys severely hampered the progress of the investigation by throwing legal obstacles in its way, and that their behavior was very unusual for innocent parents of a murdered child. Although they claim to have fully cooperated with the investigation, it has not been in a timely manner and they have, at a minimum, failed to turn over all requested documents. In addition, some of their supporters have refused to talk to authorities.Lack of Cooperation between the BPD and the DA's Office The DA was perceived by the BPD as failing to support it in the Ramsey investigation from the very beginning. Some in the DA's office were seen by the BPD as advocates for the Ramseys. Smit's joining the DA's team made matters worse, as he seemed to align himself even more strongly with the Ramseys.Perception by both the BPD and the public that the DA is politically motivated to give the Ramseys' special treatment Both BPD Detective Steve Thomas' resignation letter and ex-Ramsey friends Fleet and Priscilla White's letters served to point out the seeming reluctance of the DA to support the Ramsey case investigation and the many political, business, and personal connections between the Ramsey team and the prosecution team. Certainly there is a strong appearance of a conflict of interest and that the Ramseys are being treated to a different justice system than most people would experience in the same situation.Treating the Ramseys as "under the umbrella of suspicion" as opposed to suspects By putting the Ramseys in a role of "unofficial" suspects, the hands of investigators have been tied in many respects. The DA has stated he doesn't want to charge the Ramseys until and unless he has enough evidence to be able to convict them at trial beyond a reasonable doubt. Secondly, if the Ramseys were charged, discovery procedures would force the DA to turn over all prosecution records to the Ramseys, and the Ramseys' right to a speedy trial would demand the case go to trial before Hunter has all the evidence he wants. Because the Ramseys have not been charged, Hunter's office and the BPD have had to walk on legal eggshells, making it more difficult to compel evidence. This Catch 22 has contributed to the need for a grand jury to compel evidence which is still outstanding.The use and abuse of the media Many elements in this case have combined to make it one of the most high profile murder cases in history. The parent's wealth, Patsy's background as a former beauty queen, JonBenét's pageant videos, the Ramseys' appearance on CNN within a week of the murder, and the Ramseys' lawyering up, hiring of a public relations firm and perceived lack of cooperation with authorities catapulted the case to the front pages and have kept it there. |
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©Copyright 1998-1999 Redd Herring/USA All rights reserved. |
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