Lawsuit
#1
Filed in the 
DISTRICT COURT, BOULDER COUNTY Fifth Judicial District 
COLORADO 
1779 6th STREET 
BOULDER, CO 80302
Plaintiffs:
FLEET RUSSELL WHITE, and 
PRISCILLA BROWN WHITE 
V.

Defendants: Court Use Only 
THE CITY OF BOULDER, COLORADO 
a Colorado home rule municipality and 
MARK R. BECKNER, individually 
and in his capacity as Chief of the Boulder 
Department of Police and Custodian of Records for the Department of Police

Plaintiff filing Application for Order to Show 
Cause without attorney:

Names: Fleet Russell White, Jr. 
Priscilla Brown White 
Address: (redacted)

APPLICATION FOR ORDER TO SHOW CAUSE
For its application for an order to show cause plaintiffs state as follows:
1. Plaintiffs Fleet Russell White, Jr. and Priscilla Brown White are husband and wife and are 
residents of Boulder, Colorado.

2. Defendant City of Boulder is a Colorado home rule municipality located in the City of 
Boulder, County of Boulder, Colorado.

3. Defendant Mark R. Beckner (“Beckner”) is employed by the City of Boulder as Chief of 
Police of the City of Boulder Department of Police (“Boulder Police”). Beckner is custodian as 
defined by CR S 24-72-302 (5) as evidenced by his control of Boulder police criminal justice 
records in this matter.

4. By letter dated March 20, 2002 plaintiffs made a written request to Beckner to inspect and 
copy all Criminal justice records relating to the concluded Boulder Police investigation of 
reports of criminal conduct made by an individual identified to plaintiffs by the Boulder Police as 
Nancy Jo Krebs (‘the Krebs investigation.). A copy of the March 20, 2002 letter is attached as 
Exhibit I.

5 According to an official City of Boulder News Release dated May 15, 2000 the 
Krebs investigation commenced no later than February 2000 and concluded on or about 
May 15, 2000. A copy of the May 15, 2000 City of Boulder Press Release is attached as 
Exhibit 2.

6. During the Krebs investigation plaintiffs learned that Krebs had falsely reported to the 
Boulder police that she had been a victim of serious and violent crimes committed by members 
of plaintiffs’ family including plaintiff Fleet Russell White, Jr. Additionally. Krebs falsely reported 
that plaintiffs were part of a child sex abuse conspiracy and that members of Krebs’ family 
were present at plaintiffs home on December 25, 1996 at which time and place JonBenet 
Ramsey was sexually abused and killed.

7. Any report made by Krebs to the Boulder Police alleging criminal conduct by plaintiffs was 
false. Plaintiffs have never met Krebs nor were plaintiffs aware of her existence until her 
identity was given to plaintiffs by a reporter seeking plaintiffs’ comment late in the evening 
prior the publication of Krebs’ allegations by the Boulder Daily Camera newspaper on February 
25, 2000. The February 25, 2000 Boulder Daily Camera article is attached as Exhibit 3 By 
knowingly making false reports to the Boulder Police, Krebs and possibly other individuals 
involved in causing the transmission of Krebs’ false reports violated CR5 18-18-111(b) and © 
and possibly other Colorado Criminal Statutes.

8. Any documents or materials made, maintained or kept by the Boulder Police relating to the 
Krebs investigation are criminal justice records as defined by C.R.S. 24-72-302(4).

9. By letter dated April 2, 2002 Beckner denied plaintiffs’ March 20, 2002 written request for, 
criminal justice records relating to the concluded Krebs investigation. In that letter. Beckner 
stated that the JonBenet Ramsey homicide is still under investigation. Pursuant to CR8. 
24-72-305(5), these materials are investigative files and are therefore not subject to disclosure 
under the criminal justice records statutes.’ A copy of Beckner’s April 2, 2002 letter is attached 
as Exhibit 4.

10. By letter dated April 25, 2002 plaintiff once again requested access to the criminal justice 
records relating to the Krebs investigation. A copy of plaintiff’s April 25, 2002 letter is attached 
as Exhibit 5.

2
11. By letter dated May 1, 2000 Beckner responded to plaintiffs’ April 25, 2002 letter by 
denying our request for access to the criminal justice records relating to the Krebs 
investigation. A copy of Beckner’s May 1, 2002 letter is attached as Exhibit 6.

12. By letter dated June 3, 2002, plaintiffs responded to Beckner’s letter of May 1, 
2002, and once again requested access to criminal records relating to the Krebs investigation. 
A copy of plaintiffs June 3, 2002 letter is attached as Exhibit 7.

13. By letter dated June 3, 2002, Beckner denied plaintiffs request for access to criminal justice 
records relating to the Krebs investigation. A copy of Beckner’s June 13, 2002 letter is attached 
as Exhibit 8.

14. The refusal of the Boulder Police and Beckner as custodian, to allow plaintiff to inspect and 
copy criminal justice records relating to the Krebs investigation violates the Colorado Criminal 
Justice Records Act, C.R.S. 24-72-301 et. seq.

15. C.R.S 24-72-305(7) provides that any person denied the right to inspect and copy any 
criminal justice record may apply to the district court of the district wherein the record is found 
for an order directing the custodian to show cause why he should not permit inspection and 
copying of such record. The statute further provides that a hearing shall be held at the earliest 
practical time.

16. The decision of the Boulder police and Beckner as custodian, to refuse to allow plaintiffs to 
inspect and copy the criminal justice records relating to the Krebs investigation is arbitrary and 
capricious, thereby entitling plaintiff to recover their costs pursuant to C.R.S. 21-72-305(7).

WHEREFORE, plaintiffs respectfully request that this Court enter an Order directing defendants 
to show cause why they should not permit plaintiffs to inspect and copy criminal justice records 
relating to the Krebs investigation. If this Court finds that denial or plaintiffs request was 
improper, plaintiff requests that this Court order defendants to permit such inspection. Plaintiffs 
further request that this Court award plaintiffs their costs and such further relief as this Court 
deems proper.

Respectfully submitted this 24th day of June 2002.
Fleet Russell White, Jr. 
Priscilla Brown White

PLAINTIFFS FILING APPLICATION TO SHOW CAUSE WTTHOUT ATTORNEY

  

CERTIFICATE OF MAILING
I hereby certify that on this 24th day June, 2002, the original of this APPLICATION FOR ORDER 
TO SHOW CAUSE was filed with the Boulder 
District Court, and that a true and accurate copy of this APPLICATION FOR ORDER 
TO SHOW CAUSE was served on the other party by placing it in the United States 
mail. postage pre-paid and addressed as follows:
The City of Boulder 
Office of The City Attorney 
Joseph N. de Raismes. JR 
P0. Box 791 
Boulder CO 80306
Mark R. Beckner 
Chief of Police 
City of Boulder 
Department of Police 
1805 33t Street 
Boulder, CO 80301
Fleet Russell White, Jr. Plaintiff
EXHIBIT 1
Attached to Application for Order to Show Cause
Fleet Russell White and Priscilla Brown White 
(address redacted)
March 20, 2002
Via Certified Mail
Mary Keenan 
District Attorney 
Twentieth Judicial District 
P.O. Box 471 
Boulder, CO 80306
Mark R. Beckner 
Chief of Police 
City of Boulder 
Boulder Police Department 
1805 33rd Street 
Boulder, CO 80302
Subject: Request for Criminal Justice Records 
Dear Ms Keenan and Chief Beckner, 
Pursuant to Colorado statutes, we hereby request that all criminal justice records relating 
to the investigation of the allegations of Nancy Jo Krebs be made available to us for inspection 
and copying. Both of your agencies were involved in this investigation that commenced no later 
than February, 2000 and ended on or around May 15, 2000 when City of Boulder news release 
stated:
“Boulder Police and prosecutors have concluded an investigation that began in February when a 
37-year-old California woman reported her belief that JonBenet Ramsey was murdered as part 
of a child sex ring. The investigation found no additional evidence to support this theory.”
We would appreciate a timely response to this request.
Sincerely,
Fleet Russell White, Jr Priscilla Brown White 
Exhibit 2 
Attached for Order to Show Cause 
News Release City of Boulder
May 15, 2000
Boulder Police end investigation into California woman’s report
Boulder Police and prosecutors have concluded an investigation that began in February when a 
37 yea rold California woman reported her belief that JonBenet Ramsey was murdered as part 
of a child sex ring. The investigation found no additional evidence to support this theory.
In February, The woman contacted the Boulder Daily Camera with allegations of a child sex 
abuse conspiracy involving her own family members, the Ramsey family and close friends of 
the Ramseys. The woman also claimed that some of her own family members were at a party 
attended by JonBenet Ramsey and her parents on December 25, 1996, just prior to JonBenet’s 
death. The woman believed JonBenet was likely killed at the party by adults who sexually and 
physically abused her.
Boulder Police spent about 11 weeks investigating the allegations which included conducting 22 
interviews, reviewing medical and psychological records, reviewing photographs and 
recordings, consulting with a forensic psychiatrist, and comparing the allegations against 
physical evidence and current knowledge of the case. As a result, Boulder Police and 
prosecutors working on the case have concluded that other than the woman’s statements, 
there is no evidence to support this theory of JonBenet’s murder.
“The Boulder Police have spent a significant amount of tine investigating the claims made by 
this woman and her attorney.” Prosecutor Mike Kane said. ‘There is simply no credible 
evidence to link anything she alleges to the death of JonBenet. The expenditure of additional 
police and prosecutorial resources is unwarranted.
Boulder Police have made no judgments or conclusions about abuse the woman may have 
suffered in prior years in California. It is well established that she was a victim of sexual abuse 
in 1979-80, for which a suspect was arrested and convicted. However. current investigation did 
not find any connection between the abuse she suffered and the death of JonBenet Ramsey.
Boulder Police have forwarded information to the FBI in reference to some of the woman’s 
allegations regarding the operation of a child ring. Police also advised her to contact California 
authorities with any information she has regarding crimes that may have occurred in California. 
This is the second time Boulder Police have investigated the possibility of JonBenet’s death 
being connected to a “sex ring” or pornographic operation involving numerous people. On each 
occasion, no credible evidence was found to support such speculation.
“We needed to take the time to complete a thorough investigation. Police Chief Mark Beckner 
said. Unfortunately, allegations have led to speculation that Fleet and Priscilla White, former 
close friends of the Ramseys and hosts of the 1996 Christmas party, were somehow involved 
in the sexual abuse and death of JonBenet. We have no evidence whatsoever to support this 
and have never had evidence to support such an allegation. Nor do we have any evidence that 
John and Patsy Ramsey were part of or participated in a child sex ring operation.”
Because she is a sexual assault victim, Boulder Police are not releasing the name of the 
California woman.
Exhibit 3 is a copy of the front page article in The Boulder Daily Camera from Friday, 
February 25, 2000 titled “DA pursues new Ramsey lead, and subtitled “Hunter asks police 
to investigate woman’s story of sex abuse.” by Barrie Hartman 
_______________EXHIBIT 4 _______________ 
Attached to Application for Order to Show Cause. 
OF 
BOULDER 
DEPARTMENT OF POLICE
April 2. 2002
Fleet White. Jr 
Priscilla White 
(address redacted) 
Dear Mr. and Mrs White:
I was out of state last week when your certified letter was delivered to my office. I returned to 
the office today and found your two “Request for Criminal Justice Records” which were 
contained in the certified letter. You have requested that “criminal justice records” on two 
matters be made available to you for your inspection and copying”: (1) The Boulder Police 
Department investigation (case P00-11362) conducted in 2000 allegations of criminal libel 
against you; and, (2) The Boulder Police Department investigation conducted in 2000 into the 
“allegations of Nancy Jo Krebs.”
As to your request to inspect and copy Boulder Police Department records relating to case 
number P00-2362, concerning your allegations of criminal libel against you: I believe that you 
were previously provided with a copy this material. However, you may contact Jojo Field, 
Manager ol the Boulder Police Department Records Division (phone number redacted) to make 
an appointment to inspect the records you are requesting. She can also provide you with an 
estimate of the costs for copying any or all of the materials.
As to your request to inspect and copy Boulder Police Department records relating to the 
investigation into the allegations of Nancy Jo Krebs:”I must deny your request to copy and 
inspect these materials. As you know, the JonBenet Ramsey homicide is still under 
investigation. Pursuant to C.R.S. 24-72-305 (5), these materials are investigative files and are 
therefore not subject to disclosure under the criminal justice records statutes.
Sincerely,
Mark R. Beckner 
Chief of Police
EXHIBIT 5 
Attached to Application (or Order to Show Cause)
Fleet Russell White, Jr. and Priscilla Brown White 
(address redacted)
Via Certified Mail
April 25, 2002
Mark R. Beckner 
Chief of Police 
City of Boulder 
Department of Police 
1805 33rd Street 
Boulder, C0 80301
Subject: Your letter dated April 2, 2002 re: request for criminal justice records 
Dear Chief Beckner: 
Thank your for your letter dated April 2,2002 responding to our letters dated March 20, 2002 in 
which we requested access to criminal justice records.
We appreciate your giving us JoJo Field’s name and phone number regarding our request to 
inspect and copy all Boulder Police Department criminal justice records relative to case number 
P00-11362 concerning our complaints of criminal libel. Those complaints were in response to 
the publication and dissemination of the allegations, claims, and beliefs of Nancy Jo Krebs. We 
will be contacting Ms Field in the near future to make an appointment to inspect those records.
In your letter you claim that Boulder Police Department criminal justice records relative to he 
investigation of Krebs’ allegations are not subject to disclosure under CRS 24-72 305 (5) since, 
the JonBenet Ramsey homicide is still under investigation.” On that basis, you have denied our 
request to inspect and copy the Krebs criminal justice records. Perhaps there is a 
misunderstanding. According to an official City of Boulder News Release dated May 15, 2000, 
an eleven-week Boulder police and prosecutor investigation found no credible evidence to link 
anything she (Krebs) alleges to the death of JonBenet.” Moreover, that same news release 
stated that “Boulder Police and prosecutors “had “concluded” their investigation of Krebs claims 
and allegations. Therefore, the criminal justice records we wish to inspect and copy are relative 
to an investigation of allegations, claims and beliefs that had nothing to do with the Ramsey 
homicide and which ended in May 2000, almost two years ago. We have enclosed a copy of the 
May 15, 2000 City of Boulder News Release.
Pursuant to Colorado open records statutes, we once again request access to all criminal 
justice records relative to the investigation of the allegations, claims and beliefs of Nancy 
Mark R. Beckner 
April 25, 2002 
Page Two
Jo Krebs. In the event you remain unwilling to provide such access on the basis of CRS 
24-72-305 (5), please provide us with a written statement describing the nature of the public 
interest to be protected by your denial as required by CRS 24-72-305 (6).
Sincerely. 
Fleet Russell White, Jr. Priscilla Brown White 
enclosure 



Exhibit 6
CITY Attached to Application for Order to Show Cause
OF
BOULDER
Department of Police
May 1, 2000
Fleet White. Jr
Priscilla White
(address redacted)

Dear Mr. and Mrs. White:

I received your letter dated April 25. 2002, which again requests that the “Krebs criminal
justice records” be made available to you for your “inspection and copying.” I had previously
denied this same request from you on the grounds that the JonBenet Ramsey homicide is still
under investigation and, pursuant to CR.S. 24-72-305 (5), the requested materials are
investigative files and are therefore not subject to disclosure under the criminal justice records
statutes.

In your new request, you refer to information contained in a May 15, 2000, City press release
regarding “Krebs allegations.” You cite language from the press release that the investigation
was ‘concluded” and that there was “no credible evidence” to link Krebs allegations to the death
oC JonBenet Ramsey. As I stated to you in my first letter, and as you know, the investigation
into the JonBenet Ramsey homicide is still open. The investigation of Krebs’ allegations
necessarily involved some issues and aspects of that investigation. To disclose aspects of our
investigation into tips and information received could inhibit persons from coming forward with
information and prevent witnesses from cooperating in the future. Furthermore, releasing
information concerning Krebs’ allegations could disclose information not previously made
public. The JonBenet Ramsey homicide investigation is still an open, active investigation.

For these reasons, I must again deny your request to copy and inspect these materials.
Pursuant to C.R.S. 24-72-305 (5), I believe JonBenet Ramsey homicide these materials are
investigative files and are therefore not subject to disclosure under the criminal justice records
statutes.

Sincerely.

Mark R. Beckner
Chief of Police
EXHIBIT 7
Attached to Application for Order to Show Cause

Fleet Russell White, Jr and Priscilla Brown White
(address redacted)
June 3, 2002

Mark R. Beckner
Chief of Police
City of Boulder
Department of Police
1805 33rd Street
Boulder, CO 80301

Subject: Your letter of May 1, 2002 re: request for criminal justice records

Dear Mr. Beckner:

We received your letter of May 1, 2002 responding to our letter dated April 25,2002 in which
we repeated our March 20, 2002 request for criminal justice records regarding the 2000
investigation of the
beliefs, claims and allegations of Nancy Jo Krebs. By your May 1 letter, you have once again
denied that request. We wish to review the basis for your denial.

In your letters of April 2 and May 1, 2002, you denied our request for criminal justice records
pursuant to C.R.S. 21-72-305(5). You thus claimed that releasing the requested records would
be contrary public interest. Apparently in an attempt to describe the “general nature of the
public interest to be protected” as required by C.R.S.24-72-305 (6), you stated in your May I
letter that he requested records are “investigative files” of the JonBenet Ramsey homicide
investigation that “is still an active, open investigation.” You further stated that the
“investigation of Krebs” allegations necessarily involved some issues and aspects of that
investigation” and that “releasing information concerning Krebs’ allegations could disclose
information not previously made public.”

We wish to repeat that we are requesting only those criminal justice records that relate to an
investigation that, according to your press release of May 15, 2000, had been “concluded” and
which found no credible evidence linking anything she (Krebs) alleges, to the death of As
persons in interest, we are seeking the release of only those criminal justice records relating to
a concluded investigation of reports to authorities alleging criminal conduct that were false and
not relevant to the Ramsey homicide investigation. Releasing the requested criminal justice
records will not injure the public interest since the false allegations reports by Krebs are not the
subject of an ongoing police or prosecutor investigation. That investigation concluded on or
about May 15, 2000. There is not, therefore, any legitimate basis for your claim that the Krebs
criminal justice records are exempt from lawful public disclosure on the grounds that they are
part of an ongoing investigation. We believe that your assertion that the requested criminal
justice records are part of the “investigative files” of the Ramsey investigation was made
Mark K Beckner
June 3. 2002
Page Two

in furtherance of an attempt to avoid or delay the lawful and proper release of those public
records.

As for your statement that the requested records “could disclose” information that has not been
previously disclosed to the public, we fail to see any relevance to your claim of injury to the
public interest. Releasing the Krebs criminal justice records will obviously involve information
not previously disclosed. It is for that reason that we are making our request.

In your May 1, letter you also offered the following vague argument that disclosure of the
requested criminal justice records would be contrary to the public interest since:

“To disclose aspects of our investigation into tips and information received could only inhibit
persons from coming forward with information and prevent witnesses from cooperating in the
future”

It is unclear whether you were referring to (1) persons and witnesses who may provide
information concerning Krebs’ allegations; (2) persons and witnesses who may provide
information concerning the Ramsey homicide; or (3) persons and witnesses who may provide
information concerning criminal activity in general. If you were referring to the possible
inhibiting of persons and witnesses in the investigation of Krebs’ false allegations of criminal
conduct by members of our family, we will remind you that the investigation was “concluded”.
Since the investigation was concluded (and Krebs allegations and claims and beliefs were
determined to be false). there is not an investigation to be hampered by the release of the
requested criminal justice records and, therefore, no possibility of injury to the public interest.

If, on the other hand, you were referring to the possible inhibiting of persons and witnesses
who may provide information concerning the Ramsey homicide or the possible inhibiting of
persons and witnesses who may provide information concerning crime generally, you are
referring to a problem we are unfortunately very familiar with. As you know members of our
families, including our children came forward to your agency with whatever information we had
concerning the Ramsey homicide. We did so willingly, without reservation and, eventually at
great sacrifice. In the months and years following JonBenet’s death the substance of our police
interviews, and in some cases our actual words have heen published in newspapers,
magazines, supermarket tabloids and books or broadcast during endless hours of television
programming and radio talk shows- As a direct result, our family has suffered harassment,
ridicule, intimidation, retaliation and a significant loss of our privacy. There is absolutely no
question that public disclosure by employees and agents of the Boulder Police Department and
the Boulder District Attorney of our information concerning the Ramsey homicide—all of which
was
Mark R. Beckner
June 3, 2002
Page Three

believed to be true and given in good faith——has drastically reduced the willingness of our
family to voluntarily come forward to law enforcement as crime victims or witnesses.

In the Krebs case, however the “tips and information” alleging serious crimes that your agency
received and investigated as a result of efforts and prodding by a disreputable attorney the
editor, the editor of a local newspaper, an author of true crime books and a vindictive and
discredited district attorney, were knowingly false. As you know, false reporting to authorities is
a crime punishable under Colorado law. Yet, to our knowledge, no one has been investigated
or punished as a result of Krebs’ knowingly false reports to your agency and to the Boulder
District Attorney and the Federal Bureau of Investigation. We doubt very much that it is the
official policy of the Boulder Police Department, the Boulder District Attorney or any other
Colorado law enforcement agency or prosecutor to tolerate and overlook such a blatant and
extreme episode of criminal conduct. Yet, such has been the case with the false reports made
by Nancy Jo Krebs.

Mr. Beckner, releasing criminal justice records relating to the investigaiion of false reporrts that
were made or transmitted in bad faith, as they were in the Krebs case, will not inhibit the public
from coming forward in good Faith to report and bear witness to crimes. What does inhibit
people from coming forward is their perception that crime victims and witnesses can suffer
extreme mistreatment at the hands of law enforcement and the news media and that agencies
such as yours will foster or tolerate such mistreatment and allow it to be unquestioned,
uninvestigated, unchallenged and unpunished. Such mistreatment has been a hallmark of the
Ramsey investigation. The Krebs case and the wasteful and protracted eleven-week Boulder
Police “investigation” of her highly public , false and libelous allegations of pornography, child
sex abuse, rape, torture and homicide is perhaps the most egregious example.

Your contention that granting our request will somehow inhibit witnesses from coming forward
is illogical and dishonest and under the circumstances we deeply resent your attempt to avoid
releasing the Krebs criminal justice records on that basis.

There is simply no injury to the public interest that can be reasonably asserted or speculated
that will outweigh the certain and compelling public benefit that will result from a public review
and scrutiny of the decisions and conduct of numerous public servants and the news media with
respect to the extraordinary case of Krebs’ false reports to authorities. It is our belief that your
agency’s denial of our request was not motivated by a genuine desire to ovoid injury to the
public interest, but rather by a wrongful desire to prevent public scrutiny of official conduct in
the Krebs case. Your denial of our request for criminal justice records pursuant to C.R.S.
24-72405(5) is arbitrary, capricious and itself contrary to the public interest in the extreme.
Mark R. Beckner
June 3, 2002
Page Four

As you may be aware, the Boulder District Attorney has recently responded positively to our
requests for criminal justice records by providing us with documents in its custcdy and control
concerning Nancy Jo Krebs and the investigation of her false allegations. In doing so the
District Attorney has recognized that ‘Under the unique circumstances involved here” it is
“appropriate” 10 provide such criminal justice records.
Pursuant to Colorado public records statutes, we wish to make a final request for access to all
criminal justice records relative to the investigation of the allegations, claims and beliefs of
Nancy Jo Krebs.
-We will appreciate a prompt reply to this final request. Thank you.
Sincerely.
Fleet Russell White, Jr. Priscilla Brown White
cc Ron Secrist, Boulder City Manager
Mayor and Members of the City Council
EXHIBIT 8
Attached to Application for Order to Show Cause
City of Boulder Mark R. Beckner
Department of Police Chief of Police

June 13, 2002
Mr And Mrs. Fleet Russell White Jr.
(address redacted)
Dear Mr. And Mrs. White,

Our decision in not releasing Ramsey case file information is firm. Please refer to my two
previous letters for our reasons for not releasing case information. I am sorry this decision is
upsetting to you, but there is nothing further I can say or do to assist you in this matter.

Sincerely,

Mark R. Beckner
Chief of Police
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