Jan 30, 2006 5:49 am US/Mountain
Report: Files Suggest City Officials Were Misled
(AP) DENVER A former head of the Denver Police
Department's intelligence bureau misled Chief Gerry Whitman and top
city administrators into believing officers were complying with federal
guidelines when spying on protesters, according to documents released
Friday.
The documents also indicated that Police Department officials knew as
early as May 1998 that such spying was a legal liability.
Hundreds of pages of documents and depositions were released Friday to
The Denver Post in compliance with a ruling by Denver District Judge
Catherine Lemon in December. Lemon ordered that documents relating to
more than a decade of police surveillance of various activist groups
had to be made public.
Whitman was unavailable for comment, a spokesman said. American Civil
Liberties Union legal director Mark Silverstein reserved comment until
he could review all the documents relayed to him by the media. The ACLU
sued the city over the files.
The documents included findings of an internal-affairs investigation
that a former commander of the department's intelligence bureau misled
Whitman and then-Mayor Wellington Webb into believing officers were
complying with federal guidelines when monitoring protests.
The findings accuse Capt. Vincent DiManna of negligence in his
performance as commander of the department's intelligence bureau, and
claim he presented Whitman with a bogus policy - a plan had been
written and proposed, but was never implemented. Webb later relayed
that policy to the public at a news conference.
"These actions embarrassed the Denver Police Department and the city
administration," said Marco Vasquez, head of internal affairs, in an
interdepartment correspondence dated July 7, 2003.
DiManna, who retired before the internal-affairs investigation was
complete and was not disciplined, could not be reached for comment.
According to the documents, police officials knew as early as eight
years ago that its intelligence work was a legal liability.
Intelligence officer Tony Lombard discovered that a law enforcement
agency in New Mexico had been successfully sued for collecting
intelligence, and that lawsuits had been filed in San Francisco and
Chicago.
Lombard noted that Denver did not have a policy regarding the
collection, storage and dissemination of intelligence information. One
detective was allowed to take several boxes of the spy files to his
home as his personal property. The Intelligence Bureau used $45,800 in
property-confiscation funds to buy a computerized database to automate
the files. Lombard could not be reached for comment.
The department announced in 2002 that it kept files on more than 200
groups and more than 3,200 individuals. Among members of the groups
were Stephen and Vickie Nash of CopWatch, and various others, including
American Indian activist Russell Means and University of Colorado
professor Ward Churchill.
In the case of the Nashes, the city earlier had acknowledged that
officers in the department's intelligence bureau improperly spied on
the couple, whom officers labeled as "criminal extremists." CopWatch
monitors Denver officers and their behavior.
Also among the files was an outline of high-ranking officers who have
headed up the intelligence bureau and a breakdown of the department's
surveillance tactics, which included gaining membership to activist
groups under false pretenses beyond the bounds of Denver, across the
Rocky Mountain region.
Among other incidents mentioned in the files:
-- In 1994, a bureau detective uncovered a plot to assassinate
Churchill and an American Indian Movement member, but the files show no
action being taken by the department or warning given to the men. The
detective told internal affairs he believed the FBI would handle the
threat, but was not aware of any follow-up in the case.
-- In the early 1990s, an undercover officer spied on a meeting at the
Mexican Consulate in Denver with protesters sympathetic to rebels in
Chiapas, Mexico.
-- Detectives traveled to Greeley to spy on members of the Colorado
Progressive Coalition, which promotes racial justice and civil rights,
and they surveilled protests of police accountability and rallies
against the National Rifle Association in downtown Denver.
They spied on a funeral service in Laramie for the wife of the Rev.
Pete Peters, an outspoken critic of the United Nations, where they
collected license plate numbers.
The documents show that in the summer of 2000, Whitman issued a
directive to research the intelligence-gathering practices of other
cities. In response, a police detective noted in an internal memo that
"several large police agencies do not use undercover intelligence
officers at events."
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