Perfect Murder, Perfect Town (76 page)

Last Spring, you, too, seemed at a loss. I was taken aback when I was reminded of what happened to Commander Eller when he stuck his neck out. When reminded how politically powerful the DA was. When reminded of the hundreds of other cases the department had to file with this district attorney’s office, and this was but one case. And finally, when I was asked, “what do you want done? The system burned down?”, it struck me dumb. But when you conceded that there were those inside the DA’s office we had to simply accept as “defense witnesses,” and when we were reduced to simply
recording our objections for “documentation purposes”—I knew I was not going to participate in this much longer.

I believe the district attorney’s office is thoroughly compromised. When we were told by one person in the district attorney’s office, months before we had even completed our investigation, that this case “is not prosecutable,” we shook our heads in disbelief. A lot could have been forgiven, and lesser transgressions ignored, for the right things done. Instead, those in the district attorney’s office encouraged us to allow them to “work their magic” (which I never fully understood. Did that “magic” include sharing our case file information with the defense attorneys, dragging feet in evidence collection, or believing that two decades of used-car-dealing-style-plea-bargaining was somehow going to solve this case?) Right and wrong is just that. Some of these issues were not shades of gray. Decisions should have been made as such. Whether a suspect’s a penniless indigent with a public defender, or otherwise.

As contrasted by my experiences in Georgia, for example, where my warrant affidavits were met with a sense of support and an obligation to the victim. Having worked with able prosecutors in other jurisdictions, having worked cases where justice was aggressively sought, I have familiarity with these prosecution professionals who hold a strong sense of justice. And then, from Georgia, the Great Lakes, the East Coast, the South, I would return to Boulder, to again be thoroughly demoralized.

We delayed and ignored, for far too long, that which was “right” in deference of maintaining this dysfunctional relationship with the district attorney’s office. This wasn’t a runaway train that couldn’t be stopped. Some of us bit our
tongues as the public was told of this “renewed cooperation” between the police department and the district attorney’s office—this at the very time the detectives and those in the district attorney’s office weren’t even on speaking terms, the same time you had to act as a liaison between the two agencies because the detectives couldn’t tolerate it. I was quite frankly surprised, as you remarked on this camaraderie, that there had not yet been a fistfight.

In Boulder, where the politics, policies and pervasive thought has held for years, a criminal justice system designed to deal with such an event was not in place. Instead, we had an institution that when needed most, buckled. The system was paralyzed, as to this day one continues to get away with murder.

Will there be a real attempt at justice? I may be among the last to find out. The department assigned me some of the most sensitive and critical assignments in the Ramsey case, including search warrants and affidavits, the Atlanta projects, the interviews of the Ramseys, and many other sensitive assignments I won’t mention. I criss-crossed the country, conducting interviews and investigation, pursuing pedophiles and drifters, chasing and discarding leads. I submitted over 250 investigative reports for this case alone. I’d have been happy to assist the grand jury. But the detectives, who know this case better than anyone, were told we would not be allowed as grand jury advisory witnesses, as is common place. If a grand jury is convened, the records will be sealed, and we will not witness what goes on inside such a proceeding. What part of the case gets presented, what doesn’t?

District Attorney Hunter’s continued reference to a “runaway” grand jury is also puzzling. Is he afraid that he cannot control the outcome? Why would one not simply present
evidence to jurors, and let the jury decide? Perhaps the DA is hoping for a voluntary confession one day. What’s needed, though, is an effective district attorney to conduct the inquiry, not a remorseful killer.

The district attorney’s office should be the ethical and judicial compass for the community, ensuring that justice is served—or at least, sought. Instead, our DA has becoming [sic] a spinning compass for the media. The perpetuating inference continues that justice is somehow just around the corner. I do not see that occurring, as the two year anniversary of this murder approaches.

It is my belief that the district attorney’s office has effectively crippled this case. The time for intervention is now. It is difficult to imagine a more compelling situation for the appointment of an entirely independent prosecution team to be introduced into this matter, who would oversee an attempt at righting this case.

Unmistakably and worst of all, we have failed a little girl named JonBenét. Six years old. Many good people, decent, innocent citizens, are forever bound by the murder of this child. There is a tremendous obligation to them. But an infinitely greater obligation to her, as she rests in a small cemetery far away from this anomaly of a place called Boulder.

A distant second stands the second tragedy—the failure of the system in Boulder. Ask the mistreated prosecution witnesses in this investigation, who cooperated for months, who now refuse to talk until a special prosecutor is established. Ask former detectives who have quietly tendered their shields in disheartenment. Ask all those innocent people personally affected by this case, who have had their lives upset because of the arbitrary label of “suspect” being
attached. Ask the cops who cannot speak out because they still wear a badge. The list is long.

I know that to speak out brings its own issues. But as you also know, there are others who are as disheartened as I am, who are biting their tongues, searching their consciences. I know what may occur—I may be portrayed as frustrated, disgruntled. Not so. I have had an exemplary and decorated thirteen year career as a police officer and detective. I didn’t want to challenge the system. In no way do I wish to harm this case or subvert the long and arduous work that has been done. I only wish to speak up and ask for assistance in making a change. I want justice for a child who was killed in her home on Christmas night.

This case has defined many aspects of all our lives, and will continue to do so for all of our days. My colleagues put their hearts and souls into this case, and I will take some satisfaction that it was the detective team who showed tremendous efforts and loyalties to seeking justice for this victim. Many sacrifices were made. Families. Marriages. In the latter months of the investigation, I was diagnosed with a disease which will require a lifetime of medication. Although my health declined, I was resolved to see the case through to a satisfactory closure. I did that on June 1—2. And on June 22, I requested a leave of absence, without mention of what transpired in our department since Christmas 1996.

What I witnessed for two years of my life was so fundamentally flawed, it reduced me to tears. Everything the badge ever meant to me was so fundamentally shaken, one should never have to sell one’s soul as a prerequisite to wear it. On June 26, after leaving the investigation for the last time, and leaving the city of Boulder, I wept as I drove home, removing my detectives shield and placing it on the seat beside me,
later putting it in a desk drawer at home, knowing I could never put it back on.

There is some consolation that a greater justice awaits the person who committed these acts, independent of this system we call “justice.” A greater justice awaits. Of that, at least, we can be confident.

As a now infamous author, panicked in the night, once penned, “use that good southern common sense of yours.” I will do just that. Originally from a small southern town where this would never have been tolerated, where respect for law and order and traditions were instilled in me, I will take that murderous author’s out-of-context advice. And use my good southern common sense to put this case into the perspective it necessitates—a precious child was murdered. There needs to be some consequence to that.

Regretfully, I tender this letter, and my police career, a calling which I loved. I do this because I cannot continue to sanction by my silence what has occurred in this case. It was never a level playing field, the “game” was simply unacceptable anymore. And that’s what makes this all so painful. The detectives never had a chance. If ever there were a case, and if ever there were a victim, who truly meant something to the detectives pursuing the truth, this is it. If not this case, what case? Until such time as an independent prosecutor is appointed to oversee this case, I will not be part of this. What went on was simply wrong.

I recalled a favorite passage recently, Atticus Finch speaking to his daughter: “Just remember that one thing does not abide by majority rule, Scout—it’s your conscience.”

At thirty-six years old, I thought my life’s passion as a police officer was carved in stone. I realize that although I may have to trade my badge for a carpenter’s hammer, I will do so with a clear conscience. It is with a heavy heart that I offer my resignation from the Boulder Police Department, in protest of this continuing travesty.

Detective Steve Thomas #638

Detective Division

Boulder Police Department

August 6, 1998

Sept. 20, 1998

Dear Alex:

It is with great reluctance and regret that I submit this letter of resignation. Even though I want to continue to participate in the official investigation and assist in finding the killer of JonBenét, I find that I cannot in good conscience be a part of the persecution of innocent people. It would be highly improper and unethical for me to stay when I so strongly believe this.

It has been almost 19 months since we talked that day in your office and you asked me to assist you in this investigation. It has turned out to be more of a challenge than either one of us anticipated. When we first met I told you that my style of approaching an investigation is from the concept of not working a particular theory, but working the case. Detectives collect and record information from many sources, analyze it, couple that with their experience and training and let “the case” tell them where to go. This process may take days, weeks or years, depending on the direction the case tells you to go. Sometimes you must investigate “many paths” in order to find the killer. It is not a political speed contest where expediency should outweigh justice, where “resolving” the case is solving the case.

Alex, even though I have been unable to actively investigate, I have been in a position to collect, record and analyze every
piece of information given to your office in the course of this investigation. I believe that I know this case better than anyone does. I know what has been investigated and what hasn’t, what evidence exists and what doesn’t, what information has been leaked and what hasn’t. I am a detective with a proven record of successful investigations. I have looked at the murder of JonBenét Ramsey through the eyes of age and experience and a thorough knowledge of the case.

At this point of the investigation “the case” tells me that John and Patsy Ramsey did not kill their daughter, that a very dangerous killer is still out there and no one is actively looking for him. There are still many areas of investigation which must be explored before life and death decisions are made.

When I was hired I had no agenda one way or the other, my allegiance was to the case, not the Police Department nor John and Patsy Ramsey. My agenda has not changed…. I only desire to be able to investigate the case and find the killer of JonBenét and will continue to do so as long as I am able. The chances of catching him working from the “outside looking in” are very slim, but I have a great “Partner” who I’m sure will lead the way. There is no doubt that I will be facing a great deal of opposition and ridicule in the future, because I intend to stand with this family and somehow help them through this and find the killer of their daughter. Perhaps others who believe this will also help.

The Boulder Police Department has many fine and dedicated men and women who also want justice for JonBenét. They are just going in the wrong direction and have been since day one of the investigation. Instead of letting the case tell them which way to go, they have elected to follow a theory and let their theory direct them rather than allow
ing the evidence to direct them. The case tells me that there is substantial, credible evidence of an intruder and lack of evidence that the parents are involved. If this is true, they too are tragic victims whose misery has been compounded by a misdirected and flawed investigation, unsubstantiated leaks, rumors and accusations.

I have worked in this profession for the past 32 years and have always been loyal to it, the men and women in it, and what it represents, because I believed that justice had always prevailed. In this case, however, I believe that justice is not being served, that innocent people are being targeted and could be charged with a murder they did not commit.

The law enforcement Code of Ethics states it very well. My fundamental duty is to “serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, the peaceful against violence or disorder. To respect the constitutional rights of all men to liberty, equality and justice.” This applies not only to JonBenét but to her mother and father as well.

I want to thank you and the others in the office for the wonderful support and treatment I have received. You have a great D.A.’s office and the men and women who work with you are some of the most honest and dedicated people I have ever met. My life has been enriched because of this memorable time together. I have especially enjoyed working closely with Peter Hofstrom and Trip DeMuth, who also have dedicated so much of their lives to this case. I have never met two more fair, honest and dedicated defenders of our system.