5 
 
 
 
 
One stated reason a grand jury has been convened in the Ramsey case is to gather evidence which can only be obtained by the subpoena power a grand jury provides. If the Ramseys have cooperated fully, as they say they have, why is it necessary to compel missing evidence using grand jury subpoena power? 
  
This Page Examines: 
 
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
The major problem areas in the evidence-gathering aspect of the Ramsey investigation 
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
 
 
 
CATEGORY 
EXAMPLES OF TYPES OF EVIDENCE  
WITHIN THIS CATEGORY 
 
HOW THIS CATEGORY OF EVIDENCE 
CAN BE COMPELLED 
 
 
Nontestimonial Evidence
handwriting samples 
blood samples 
hair 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.
 
Evidence Not Seized  
During Authorized Searches 
and Evidence Sought in Search Warrants Denied by the DA 
 clothing worn by the Ramseys 12/25/96 
 other items police failed to seize during their property searches
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.  

Documentary Evidence 
 medical records 
credit card records 
financial records 
phone 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 
 Interrogations: intensive questioning with the intent of determining consistency, veracity of answers 
 Testifying under oath: such testimony, unlike more informal questioning, is subject to penalties of perjury if false
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
  
Nontestimonial Evidence 
 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.  

 
Evidence Not Seized 
During Authorized Searches 
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.  

 
 
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. 
 Failure to seal off the entire property as the crime scene, resulting in contamination of evidence. 
 Failure to contain or remove the many Ramsey friends invited by the Ramseys to the home that morning, further contaminating the scene. 
 Failure to adequately search the house that morning. 
 Allowing John Ramsey to find JonBenét's body, allowing more contamination. 
 Failure to follow basic police procedure in questioning the Ramseys. 
 Refusing help from the more experienced Denver Police Department and the FBI.
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. 
The BPD felt the private investigators hired by the Ramseys stepped on the toes of and possibly compromised their own investigation.
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. 
The Ramseys' disdain for the BPD and stated preference for the DA's office added to the rift between the two. 
Search warrants requests by the BPD were nixed by the DA; much of the evidence sought in those original search warrant is now being compelled by the DA through the grand jury's subpoena power. 
The BPD requested a grand jury investigation within the first few months, when the memories of reluctant witnesses was fresh and evidence was more likely to be available and not contaminated; the DA denied that request. 
The DA provided police reports and other confidential case information to the Ramsey team as a condition of negotiation with the Ramseys, much to the dismay of the BPD and experts in the field of interrogation; the BPD was thus hesitant to share future information with the DA's office, reinforcing the poor relationship and lack of communication between the two offices. 
BPD investigators felt the direction of the investigation was being determined by politics, not driven by the facts of the case.
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. 
 Additionally, DA Hunter's track record is one of dragging his feet in murder cases, refusing to go to trial unless he has an ironclad case, and plea-bargaining with defendants, who have often been accepted what some feel are greatly reduced charges and sentences.
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.  
 Leaks and rumors without foundation have led to complaints that the case is being tried in the media. 
Both sides have used the media for their own ends, perhaps cancelling each other out. The Ramseys have participated in CNN interview and controlled press conference, as well as a documentary which aired on the A&E network on the eve of their anticipated grand jury testimony. Ironically, the documentary attacks the use of the media to manipulate the public. Highly irregular public letters from witnesses, disgruntled investigators on both sides, and John Ramsey himself may have endangered the future of the case.
 
 
 
 
 
   
 
   You have just completed Primer Section: 5  
   
 
 
Primer: | Cover | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
 
     
  Primer Section: Sources  
     
 
Visit these other featured areas of the Redd Herring site.
 
Gone With The Spin Six Degrees of Separation
 
 
Redd Herring 
 
   

©Copyright 1998-1999 Redd Herring/USA All rights reserved.

 
  c