Judge tosses request for JonBenet murder investigative materials

Boulder County District Judge Nancy Woodruff Salomone on Tuesday rejected a subpoena by Michael Clark’s defense attorney that sought the first 48 hours of police investigative records in the infamous 1996 murder of JonBenet Ramsey.

Clark, 50, is facing a second trial in the 1994 murder of Marty Grisham. His lawyer earlier this month sought the Ramsey records in an unusual attempt to show that alleged police missteps in one murder matched similar issues in the Grisham case, proving a pattern.

In part, the defense had argued that Boulder Police Department investigators failed to treat family members in both murders as suspects.

The Boulder County District Attorney’s Office quickly moved to block that subpoena along with others seeking discipline and internal investigation of two Boulder police officers.

Salomone sided with the prosecution in her order issued Monday evening, stating that the defense failed to prove the necessity of the Ramsey records for the Clark case.

At the hearing Tuesday in Boulder County District Court, Salomone reiterated her decision and said introducing the Ramsey case, which for years has generated worldwide attention, would “open an enormous worm can without benefit.”

In 1994, Marty Grisham was fatally shot four times when he answered his apartment door the night of Nov. 1. While Clark was always considered a prime suspect because he had previously stolen and forged checks from Grisham and had once owned a gun that could have fired the bullets, he was not initially charged.

The gun was never recovered, there were no witnesses, and no physical evidence.

It was not until 2011 when former Colorado Bureau of Investigation forensic scientist Yvonne “Missy” Woods said DNA inside a Carmex lip balm container, found at the murder scene, was a partial match to Clark.

Clark was arrested and tried in 2012 and sentenced to life without parole after being found guilty. That conviction was vacated in April and Clark was released from prison on bail after an independent retest of the Carmex found inconsistencies with Woods’ results.

Boulder County District Attorney Michael Dougherty announced in September his office would retry Clark for the 31-year-old murder.

The Ramsey documents were part of 12 subpoenas the defense had sought earlier this month, all of which were challenged by the prosecution.

Salomone ruled that many of the defense requests were moot, or not applicable, because the information had already been made available, was forthcoming, or did not exist.

One of those requests included communication with prosecutors or any review of the Clark case by new CBI director Armando Saldate III. That subpoena came on the heels of a television interview in which Saldate said he had been assured no one had been falsely convicted due to Woods’ alleged misconduct.

CBI said no such communication or review of the Clark case by Saldate existed.

That prompted Clark’s lawyer, Adam Frank, to ask the judge at Tuesday’s hearing to prohibit CBI from future public statements that there were no wrongful convictions due to Woods’ actions.

Boulder Assistant District Attorney Ken Kupfner then added his own request, asking the judge to approve that all future filings in the case be done under seal and that the defense refrain from making public statements about the case.

“The number of public statements is too many,” he said.

Salomone asked the two sides to discuss the parameters of such an order before she ruled on the request.

She also delayed a decision on a defense request for other cases between 2009 and 2011 where a DNA quantification result was found to be invalid or undetermined, presumably to show more widespread misconduct beyond just Woods.

An attorney for CBI said at the hearing such a request was unreasonable and too burdensome.

Salomone did grant the defense subpoena for discovery that the Boulder County District Attorney’s Office has in the criminal case against Woods. She faces 102 felony counts in Jefferson County and is awaiting trial on charges of cybercrime, forgery, perjury and attempting to influence a public servant.


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