Perfect Murder, Perfect Town - Lawrence Schiller [255]
“It has been an option for a long time and it has become a matter of more serious consideration at this point in time,” said Hunter, who declined to elaborate on his reasons.
“We’re certainly a lot closer to making a decision [on a grand jury] than we were months ago,” Beckner said Monday.
—Kevin McCullen
Rocky Mountain News, March 10, 1998
On Thursday morning, March 12, Koby and Beckner paid a visit to Hofstrom. They would respond to his letter in due course, they said, but they wanted to move the process along. Within hours, they would announce that they were asking the DA’s office to submit the case to a grand jury. Hofstrom was sure the detectives’ pro bono attorneys had suggested this.
“You guys don’t have it,” Hofstrom told Koby. “Why don’t you be honest? Put it out on the table.” He pointed out that if they asked for a grand jury, they would lose control of the investigation.
Beckner asked if a Boulder police detective would be used as an investigator for the grand jury. Hofstrom explained that it might be improper. Beckner said he didn’t understand why and said he would consult their own attorneys about what the law required.* A few days later, a deputy DA commented, “If the cops think they’re still going to be running around investigating this case, they’re wrong. It’s ours now. They’re out of it.” Most likely, the DA’s staff was unenthusiastic about involving the police in the grand jury investigation because they had little faith in the department’s ability to carry out tasks properly and professionally.
CITY OF BOULDER
FOR IMMEDIATE RELEASE
March 12, 1998
Police ask District Attorney to convene a grand jury in Ramsey investigation (Ramsey Update #65).
Boulder Police Chief Tom Koby and Commander Mark Beckner today requested and recommended that the Boulder District Attorney convene a grand jury investigation into the homicide of JonBenét Ramsey. While there is still some investigation left to be done, both Chief Koby and Commander Beckner believe the investigation has progressed to the point at which the authority of a grand jury is necessary in order to complete the investigation.
The next step will be for the police to assist the District Attorney’s Office in the review of case files and evidence.
THE STATE OF COLORADO
TWENTIETH JUDICIAL DISTRICT
ALEXANDER M. HUNTER
DISTRICT ATTORNEY
NEWS RELEASE
March 12, 1998
The Boulder Police Department has concluded that its investigation has not yet resulted in sufficient admissible evidence to charge anyone with the murder of JonBenét Ramsey. The Department has recommended that the District Attorney have the grand jury investigate the case further.
Apparently, Beckner still believed he could use the grand jury solely as an investigative tool and interview only those witnesses the police wanted to call. Hofstrom and Hunter met with him again and explained painstakingly that once the process began, the grand jury—not the police and not the DA—was in charge. The jury could call whomever they wanted, ask to hear all the evidence, and send out their own investigators. In the midst of this conversation, Hunter realized that his own staff didn’t know everything there was to know about the law pertaining to grand juries. He had been putting it off, but now it was time to hire an expert. On April 3, Hunter would call Michael Kane, the grand jury specialist Bill Ritter had recommended. Kane told Hunter he was interested and said he would respond in writing within a week.
On March 13, the day after the Boulder PD announced its request for a grand jury, attorneys Bryan Morgan and Patrick Burke paid a visit to Hunter and Hofstrom. Hunter, having heard that the Ramseys were to be the subject of a British documentary, brought up the subject. How could the Ramseys grant extensive interviews to the foreign press while they avoided the Boulder PD? Was there any hope of cooperation between the police and the Ramseys? No, said their attorneys.
By now, Hunter preferred that the Ramseys testify before a grand jury. If nothing