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EXHIBIT 34

Case 1:11-cv-02394-WJM-CBS Document 62-35 Filed 07/16/12 USDC Colorado Page 1 of 80

AFFIDAVIT OF AMY SHROFF

I, Amy Shroff, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Amy Shroff. I am over the age of twenty-one and am otherwise competent

to testify. I make the following statements based on my personal knowledge.

2. On February 23, 2006, I was traveling to a Denver Police Substation for a court-ordered

child custody exchange with my ex-boyfriend's parents.

3. I was going to drop off my child, Laila Kruse, with her grandparents so she could visit

her father, Greg Kruse.

4. On the way to the exchange point I spotted Mr. Kruse's truck parked outside of a bar.

knew that Mr. Kruse had a drinking problem and I was extremely concerned that he was drinking

just before he would have custody of Laila.

5. I stopped and took pictures of the truck. I didn' t get out of my car and I didn't see Mr.

Kruse at that time.

6. I went straight to the police station after taking the pictures. Soon after I got there, Mr.

Kruse arrived in his truck.

7. As I tried to leave the parking lot ofthe police station, Mr. Kruse aggressively used his

truck to block me from exiting the lot.

8. I went back into the police station. I approached Officer Frank Spellman and told him

what was happening and that it was a violation of the Restraining Order that was in effect against

Mr. Kruse.


Affidavit of Amy Shroff Page 2 of3

9. I showed Officer Spellman the restraining order and told him that this was the second or

third time Mr. Kruse had violated the order. I told the officer that he needed to arrest Mr. Kruse.

10. Officer Spellman read the restraining order and told me that he was going arrest me, not

Mr. Kruse, for violating the order.

11 . This was shocking as there was nothing in the restraining order preventing me from any

action or activity. It was not a reciprocal order.

12. I tried to explain to Officer Spellman that the order was not against me and that it only

prevented Mr. Kruse from contacting me.

13. My step father, Bill McAdam, who was also present, tried to reason with Officer

Spellman to no avail.

14. Officer McAdam proceeded to wrongfully arrest me, even despite Mr. McAdam's pleas

to leave me be and arrest the correct offender.

15. Officer Spellman also told Mr. McAdam that he would be arrested if he didn' t "shut up."

16. Officer Spellman escorted me to the City Jail. On the way, he told me that he arrested me

for my own good and that he wanted to teach me a lesson for repeatedly using the police to help

me in handling Mr. Kruse.

17. I was originally denied a breast pump and then I was strip searched when a female deputy

watched me pump my breasts.

18. I was kept in jail for absolutely no reason until 6 p.m. on the following day.

19. All charges against me were dropped immediately as it was obvious I had done nothing

wrong and had not broken any law.

20. Officer Spellman was never disciplined for the injuries and suffering he caused me.


Affidavit of Amy Shroff Page 3 of3

21. I eventually filed a civil lawsuit against the City and County of Denver. The case settled

for $175,000.

I, Amy Shroff, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the

laws of the United States of America that the preceding is true and correct, based on my personal

knowledge.

DATED This:$ ay of July, 2012 Amy Shroff


______________________________________________________________________________

AFFIDAVIT OF CHELSEA CALDWELL ______________________________________________________________________________

I, Chelsea Caldwell, swear that the following is true and correct to the best of my

knowledge and information:

1. My name is Chelsea Caldwell. I am over the age of twenty-one and am otherwise

competent to testify. I make the following statements based on my personal knowledge.

2. In the summer of 2007 I was at my Aunt’s ex-girlfriend’s birthday party in Denver.

3. I was standing outside the front of the house when two Denver police officers drove up

and got out of the car.

4. I went inside to tell my brother. He was sitting on the couch so I decided to sit there with

him.

5. My dad, Mitch Caldwell, came inside. The officers were trying to push their way into the

house. My dad told them that they couldn’t come inside the house. He was being very calm and

respectful.

6. One of the officers charged at my dad and grabbed him by the neck. The officer lifted

him off the ground and shoved him into the nearby bathroom extremely violently.

7. As soon as I saw the officer grab my dad and shove him down by the neck like that I

started crying. It was horrifying; I thought my dad was going to be seriously hurt.

8. The officer had absolutely no reason to attack my dad. They didn’t even have a reason to

come into the house.


Affidavit of Chelsea Caldwell Page2 of2

9. My dad was a cop at the time and he had his chief make a complaint about the Denver

officers to the Denver chief of police. An officer from my dad's department called and

interviewed me about what the Denver officer did to my dad.

10. No one from the Denver police ever contacted me. I don't think anyone else who saw the

Denver officer abuse my dad was contacted either, even though I know my dad gave them a list

of witnesses.

11. If they did an investigation in Denver, I don't think anything came from it. I thought they

would at least try to see both sides of the event and figure out what really happened. I guess that

didn't happen because nothing was ever done about the officer's unnecessary violence.

12. The incident and the way the Denver police handled it afterwards make me scared for the

people who live in Denver. You should be able to trust the police. They're supposed to be there

to protect you and you shouldn't have to be afraid of them.

I, Chelsea Caldwell, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and

the laws of the United States of America that the preceding is true and correct, based on my

personal knowledge.

DATED This~ day of~ 2012.

Chelsea Caldwell

I


AFFIDAVIT OF JENNIFER CALDWELL

I, Jennifer Caldwell, swear that the following is true and correct to the best of my


1. My name is Jennifer Caldwell. I am over the age of twenty-one and am otherwise


2. In the summer of2007 I was in Denver attending a 30th birthday party for my sister-in-

law's girlfriend.

3. I was standing on the front porch of the house when two Denver police officers showed

up and approached the door of the house.

4. The officers asked who the owner of the house was. Each of us hesitated because we

were all expecting someone else to answer. This really irritated the officer who asked the

question. Mitch told the police officer he'll go get Nevada, the owner of the house.

5. Mitch went inside the house to get Nevada and the officers followed him. I stayed

outside on the porch.

6. My daughter, Chelsea, suddenly came running out of the house yelling, "They're hurting

my dad!"

7. I ran inside to see what was happening. When I got inside I saw one of the officers

putting Mitch in handcuffs. Mitch was incredibly calm; it was amazing given the circumstances.

8. Nevada came into the room and told the officers to stop. One of the officers grabber her

arm, pulled it behind her back and slammed her up against the wall.


I Affidavit of Jennifer Caldwell Page 2 of2

9. Mitch was taken outside and put in a police car. He was eventually released and wasn't

charged with anything.

10. I was flabbergasted by the whole situation. It was obviously just a birthday party. The

officers stormed the house as if it was a drug raid. The way the Denver officers handled

themselves was truly terrifying.

11 . Mitch was a Sergeant with the Fruita Police Department at the time of the incident. I

know he had his department perform an investigation. Mitch's chief also complained to the

Denver Chief of Police.

12. Mitch later told me that the Denver police weren't going to do anything about his

complaint. No one from the Denver Police's Internal Affairs Bureau ever contacted me for an

interview or any other information. I know Mitch gave them my name and number so that I

could be contacted as a witness.

13. Mitch's department wrote him up for telling off the officer who had assaulted him. I

thought it was ridiculous that Mitch ended up getting in trouble and the Denver officers never

received so much as a slap on the wrist.

14. It doesn't appear that Denver was interested in disciplining its police officers.

I, Jennifer Caldwell, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and


personal knowledge. * ~ DATED This J..!i!!_ day of~· 2012.

J~Caldwell ./


______________________________________________________________________________

AFFIDAVIT OF KELLY CALDWELL

______________________________________________________________________________

I, Kelly Caldwell, swear that the following is true and correct to the best of my


1. My name is Kelly Caldwell. I am over the age of eighteen and am otherwise competent


2. In the summer of 2007 I was at the 30th birthday party of my aunt’s girlfriend.

3. There was a live band playing at the party.

4. I was inside the house, sitting in the main entryway with five other people. I looked out

the window and saw my dad, Mitch Caldwell, talking with some police officers. He came into

the entryway and an officer followed him inside. When my dad saw this he turned and said, “I

thought I told you to wait outside.”

5. The police officer rushed toward my dad and intentionally bumped him with his belly.

The officer was over six feet tall and had a big gut, so the force was intended to knock my dad

backwards.

6. This officer then grabbed him by the neck, lifted him off the ground, and violently

shoved him into the nearby bathroom.

7. The force used by the police officers was over the top. It appeared as if the police thought

the party was being thrown by a bunch of teenagers. They came in ready to fight from the

beginning.


Affidavit ofKelly Caldwell Page 2 of 2

8. Two strangers wearing plain clothes were inside the entryway during the incident. I later

found out the two strangers in plain clothes were cops from another country, which immediately

made me think the Denver police were showing off for them.

9. I was interviewed regarding what happened by the Fruita Police Department, but not by

the Denver Police Internal Affairs Bureau. I thought this was odd since it was Denver police

who did this to my dad and I was a witness to what happened.

10. I heard from my dad that nothing was going to be done about the police officers that

needlessly assaulted him. The Denver Police should have taken the matter more seriously; my

dad did not deserve to be assaulted like that.

I, Kelly Caldwell, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This / S dayof "T"ub • 2012.

~ Kelly Caldwell

I


TO~

AFFIDAVIT OF MAX FORD

I, Max Ford, swear that the following is true and correct to the best of my knowledge and

information:

1. My name is Max Ford. I am over the age of twenty-one and am otherwise competent to

testify. I make the following statements based on my personal knowledge.

2. On July 9th, 2007, my girlfriend, Jamie Shenefelt, and I left a jazz club in our

neighborhood, Herb's Hideout, at about 1:30 a.m.

3. Neither ofus were at all intoxicated.

4. We were walking to our car when we saw several police cars with their lights on parked

right next to ours. There were several officers pointing their guns at a person in the car they had

stopped.

5. We couldn't get to our car without getting in the way of the officers. We also didn't want

to walk around the block because it's not a particularly safe neighborhood. We decided it would

be best to stay against a wall where we could see what was happening but where we were not in

the way.

6. We stood against the wall waiting for the police to finish their business for some time.

Once they were finished, one of the officers w~lked up to ,me and Jamie.

7. He grabbed Jamie by her face and shoved her down to the ground. That officer

aggressively grabbed me by my shirt, turned me around and handcuffed me. Another officer

picked Jamie up and put her in handcuffs. He slammed Jamie against the wall, causing her head

to hit the wall. He then pushed his knuckle into the bac~.'?! !~ie's head.

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Affidavit of Max Ford Page 2 of3

8. Jamie started having a panic attack and was gagging. She started spitting on the ground.

A female officer came up to her and slammed her against a pole. The officer said Jamie was

"disrespecting [her]" by spitting.

9. We were both arrested and put in a police car with the person they had arrested earlier.

10. I was shocked. We hadn't interfered with the police at all. We were just waiting to get

our car. Not only did they arrest us for nothing, they assaulted and mocked us.

11. I was charged with obstruction of justice and disobeying a lawful order. It was absolutely

uncalled for.

12. After the incident I decided to complain to the Internal Affairs Bureau. I talked to an

investigator and told him I wanted to file a complaint.

13. The investigator kept telling me that if anything I said in the complaint "didn't check

out," I would be charged with making a false report. He was intimidating me into backing down

from filing something against the officers.

14. It really seemed like officers at lAB were on the same side as the officers who wrongfully

arrested us. It was basically like talking to the same officers who had assaulted us and charged

us with crimes we didn't commit.

15. I doubt that lAB interviewed any other witnesses. I don't know if there really was an

investigation.

16. After seeing how their system works, I really didn't want to keep pushing buttons.

17. This incident made me want to move out of Denver. The police assaulted us for no

reason and then charged us with crimes we didn't commit. It's even worse that Internal Affairs

completely let them get away with it.


Affidavit of Max Ford Page 3 of3

I, Max Ford, declare under penalty ofperjury pursuant to 28 U.S.C. § 1746 and the laws

of the United States of America that the preceding is true and correct, based on my personal

knowledge.

-rl/ DATED This: 3.0 day of June, 2012.

/

Max Ford

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AFFIDAVIT OF MITCH CALDWELL

I, Mitch Caldwell , s·wear that the follovving is true and correct to the be t of my


I. My name i Mitch Caldwell. I am over the age of twenty-one and am otherwi e

competent to testify. I make the following statements ba cd on my personal knowledge.

2. In the ummer of2007 I' a in Den er at the 30111 birthday party of my i ter ' girlfriend.

3. There was a li ve band playing at the party.

4. I ' a tanding in the fron t yard with four other people when t\ o Denver police officer

came into the yard and aid omcthing abo ut a noi c complaint. One of the o rticcrs aid cry

rudely that he needed to talk to the owner of the house and "shut thi down."

5. At the time I' as a Sergeant' ith the Fruita Police Department. I didn ' t tell the officers I

wa a police officer because I wou ld never use my badge to get out of trouble.

6. I ' alkcd aero s the front porch and the oniccr followed me. I tumcd to one of the

officer and aid, " Wait out ide." I walked three quarter of the way into the room and heard an

officer come in behind me. I turned and sa id, " I told you to wait outside." That's when he chest

bumped me and said , "Don' t fuck with the Denver Police Department."

7. He aid , "Stay out of the way" and pushed me into a bathroom. My i tcr walked into the

main room and the arne officer grabbed me by the throat, picked me off the ground while

pinching my trachea closed. I couldn ' t breathe.

8. He threw me into the bathtub, lamming me into the tile wa ll , and held me there. The

oniccr yel led, " You nc cr touch a fucking cop! You nc er touch a cop again !"


Arlidavit of Mitch Caldwel l Page 2 of 3

9. I had not done anything to warrant the use o f physical force. I never touched the police

oflicer and never resisted, e en when the officer strangled me and lammed into the wall.

I 0. The officer walked out of the bathroom. I got up and walked out the door to see that one

or the ofticers had my sister in an arm bar again t the wa ll. She did not do anything to de erve

thi .

II . I a ked, "Would someone call a upervisor?" The ame officer that choke lammed me

grabbed me and aid, " I told you to stay out ofthe way." That orticer handcufled me and pu lled

me out of the house.

12. As I -.: a taken out or the hou e I aid, "Would omeone ca ll a super i or? I' m a cop."

Several minutes later an onicer said, "If you' re a cop, where's your gun?" I to ld him it wa in the

hou e, locked up a' ay from the party.

13. The officers forced thei r way back into the hou e through an occupied bathroom and

e entua lly fo und the gun.

14. I wa put into the back of a cruiser. Eventuall y a Sergeant showed up at the scene. He

tuck his head into the car I was being held in and I explained to him that I was a Fruita police

officer.

15. The Sergeant asked me what had happened. I told him. He knew it was a bad arre t and

minutes later I ' a relca ed and given my gun back.

16. I told the o fficers I was upset that they had violated my constitutional rights. One or the

officer aid he had gone to law chool and Denver' a a "home rule city" o my civil right

don ' t matter. I told this officer o ff.


Affidavit of Mitch Caldwell Page 3 of 3

17. When I was back at\ ork I wrote a complaint to my chief \ ho then complained to the

Denver Police Chief. Investigators in my department completed their own inquiry into my

complaint.

18. My department found no ' rongdoing on my pm1 but did i ue me a\ ritten reprimand for

tell ing ofT the officer who wrongfu lly assaulted me.

19. Supposedly the Denver Chief o f Police inve tigated the inc ident. He fo und no

,.vrongdoing on the part of the Den er officer .

20. A complaint wa filed with the Independent Monitor about the officer 'outragcou

behavior.

21 . From the beginning of the Fruita PO' 111 estigation, Denver Interna l Affa irs refused to

cooperate.

22. o wrongdoing on either Denver officer ' part wa u tained. The inve tigator in

Denver took tatements from the Fruita investigation in tead of interviewing the multiple

\vitne e I gave them. Thi wa uppo edly becau e my witne se were not "independent" in

that they were friend and members of my fami ly.

23. The officers had two reportedly "independent" witnes es who testified that neither officer

u ed exce ive force. The e ' itnes e were police officer from the etherlands ' ho were there

on a ride-a-long. It ' clear that they gave bia ed account of the event.

24. I don ' t believe they actually did an investigation. They went through the motions but no

one rea lly looked into it. A real inve Ligation would have immediately come to the conclusion

that the oniccr's usc or fo rce wa unju tificd and excess ive.

25. The fact that they didn' t even interview my witnesses makes it hard to believe that any

rea l eno rt wa put into the matter.


Affidavit of Mitch Caldwell Page 4 of 4

26. The officers' conduct that day was truly offensive and they deserved to be disciplined for

it. They were trying to go beyond their authority and I stood up to them; that is why I got

assaulted. They needed to be disciplined to ensure the safety of the rest of citizens they come

into contact with.

I, Mitch Caldwell, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This /3 7b. day of T-t.t.l y , 2012.

I

Mitch Caldwell


AFFIDAVIT OF JASON GRABER

I, Jason Graber, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Jason Graber. I am over the age of twenty-one and am otherwise competent


2. On March 23, 2008, I was out in Downtown Denver with my wife, brother, sister-in-Jaw,

and three other friends. My wife and I lived in Greeley and rarely went out in Denver but we

had been vacationing in the city that week.

3. We had dinner at the Hard Rock Cafe and went to Club Beta on Blake Street afterwards.

4. We left the club shortly before 2 a.m. and started to walk up 16th street to the Adams

Mark Hotel where we were staying.

5. My wife, Nicole, was fairly intoxicated so our friend, Holly Steinbach, and I linked our

arms around her to help her walk.

6. We were walking across the intersection at 16th and Lawrence when a Denver Police

Department vehicle drove up to us extremely fast. The car slammed on its breaks and stopped

only about two feet away from my right leg.

7. I raised my right hand at the vehicle to motion for it to stop. I thought the car was about

to run us over.

8. One of the officers in the vehicle yelled out and called me a "dum bass" or an "asshole."

9. The officers in the car were Shawn Miller and Tab Davis.

10. I was shocked. I turned to my brother, Aaron, and told him I did not appreciate being

verbally abused by the police.


Affidavit of Jason Graber Page 2 of3

1 1. We all kept walking through the intersection and continued up 16th Street.

12. As soon as we were across the street, the police vehicle made a right tum onto the 16th

street mall and drove up near us. Neither the lights or sirens were turned on nor did anyone

inside the vehicle say anything to anyone in the group.

13. Officer Miller jumped out of the car and started running towards me. I was still

supporting my wife with my hand over her shoulder.

14. Officer Miller grabbed me by neck and shoulder and violently tore me away from my

wife. He viciously body slammed me onto the concrete.

15. My knee smashed into the ground extremely forcefully and caused me a great deal of

pam.

16. My wife started crying hysterically after seeing me slammed to the ground so

mercilessly.

17. My brother was scared for my safety and called the police on his cell phone.

18. Everyone in the group saw Officer Miller take me down without any cause.

19. A large Denver Police Department van pulled up near us. Officer Miller yanked me up

and put me in the van.

20. The van took me to Denver Cares Detoxification Facility even though I wasn't

intoxicated at all. I was breathalyzed when I got there and my BAC came back as 0.03. The

staff immediately released me.

21. Aaron and Lyndsey, my sister-in-law, came and picked me up from Denver Cares in a

taxi and we went back to my hotel. They had to help into my room because my knee was so

injured I couldn' t walk without help.


Affidavit of Jason Graber Page 3 of3

23. I had to wear a knee brace for six months. I missed two weeks of work and was only able

to work part time for two weeks after that.

24. I filed a complaint with the Internal Affairs Bureau soon after the incident.

25 . Everyone I was with that night witnessed the event and gave detailed recorded statements

to lAB over the course of their investigation. Aaron and Lyndsey also gave written statements.

26. Every statement described in detail that Officer Miller had assaulted me when I had done

absolutely nothing wrong. His use of force was unjustified, unnecessary, and excessive.

27. Despite the overwhelming evidence that Officer Miller had violated my constitutional

rights, Internal Affairs exonerated Officer Miller.

28. lAB didn' t believe that my witnesses were credible, simply because they were my family

and friends. lAB was very biased and judgmental against me and my witnesses.

29. I filed a lawsuit against Denver which ended up settling for $225,000. Still, Officer

Miller was never disciplined for his misconduct.

30. The whole event was incredibly distressing. To this day, I avoid Denver police officers.

I, Jason Graber, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This: 67 /.._day of j ~~V /

' 2012.


IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01029-JLK-MJW JASON ANTHONY GRABER, Plaintiff, v. CITY AND COUNTY OF DENVER, a municipality, OFFICER MILLER, in his official and individual capacity, UNKNOWN DENVER POLICE DEPARTMENT OFFICERS 1 - 2, in their official and individual capacities.

Defendants. ______________________________________________________________________________

AFFIDAVIT OF JAMES D. MOORE ______________________________________________________________________________

I, James D. Moore, swear that the following is true and correct to the best of my


1. My name is James D. Moore. I am over the age of twenty-one and am otherwise


2. On or about March 25, 2008, my girlfriend Julie Gomez and I were standing peacefully

next to each other on the sidewalk in front of my apartment complex. Ms. Gomez and I

were not arguing or otherwise engaging in any violation of law.

3. Denver Police Officers Shawn Miller and John Robledo approached us and yelled at me,

“get your hands out of your pockets, let me see some ID!”

4. Confused as my hands were not in my pocket. I also responded respectfully “why, what

is going on?”


5. Without any provocation, warning, or further communication, Officers Miller and

Robledo tackled me from behind and from the side and struck me on the left side of my

head. Officer Shawn Miller as I was being tackled to the ground leveraged his weight to

slam my face first into the concrete. My nose started to bleed profusely.

6. I was then instructed to place my hands in front of me. I obeyed their commands and as I

lay face down I placed my hands in front of me. Then the officers started to beat my

fingers, wrist, elbows and arms. I was in full compliance of the officers only to get

tortured. Officers Miller and Robledo then handcuffed my right arm as I lay face down

in the ground and chained my left leg to my right arm with a pair of restraints that looked

like a pair of nunchuks that had a very long chain. I was literally “hogtied.”

7. While handcuffed, Officers Miller and Robledo continued to beat my head, arms, elbows,

fingers, knuckles, knees, shoulders, neck, back and elbows with brutal force leveraging

Saps and Black/Slap Jacks. Blood was pouring out of the front left side of my skull like a

water fountain.

8. Officer Robledo buried his knee and all his weight into my lower back while grabbing

my left leg and extending it vertical into the air against the natural motion of my back

which only allowed me to breathe minimally and intermittently. This wrenching action

damaged my spine.

9. During the assault, I plead with Officers Miller and Robledo. I stated “you have the

wrong guy, my name is James Moore. I’m a disabled vet. ” I repeated “my name is

James Moore, you have the wrong guy.”

10. Officers Miller and Robledo were both laughing and one of them sarcastically said “you

hear that, we have the wrong guy.”

2


11. While already restrained, Officers Miller and Robledo continued to beat me with closed

fists and impact weapons such as “saps.” Officers Miller and Robledo kicked and kneed

me while I was restrained and on the ground. I was begging “please, I can’t breathe”. I

was seeing stars. The result of the extreme violence caused me to lose consciousness.

12. Ms. Gomez the entire time was pleading with Officers Miller and Robledo for my life,

and continued to inform them that I had done nothing wrong.

13. At no time did I resist arrest, or take any action to justify Officer Miller’s and Robledo’s

use of violent force against me.

14. I suffered extensive physical injuries to my body, including my head. A large pool of my

blood measuring approximately the circumference of my body covered the sidewalk at

the site where I was assaulted and arrested.

15. My injuries were so severe that I stopped breathing and my heart stopped, requiring other

members of Defendant Denver’s law enforcement to perform Cardio Pulmonary

Resuscitation.

16. I was transported via ambulance to Denver Health Medical Center.

17. I was falsely charged criminally with violation of C.R.S. 18-3-203, Felony Assault on a

Police Officer, and C.R.S. 18-8-116, Felony Disarming of a Police Officer. After almost

two years of criminal prosecution, all criminal charges against me were correctly

dismissed upon motion by the Denver District Attorney’s Office.

18. To this day I live with chronic pain. I have had to undergo back surgery and numerous

bouts of physical rehabilitation with frequent visits to different specialists. I use a

walking cane to take the weight off my left leg. I can no longer stand up for more than

ten minutes, without having to sit or lie down due to the pain. My left foot has lost most

3


of its feeling and I have a permanent indention in my left leg above my ankle marking the

spot where the chain of the restraint that was that was used to “hog tie” me.

19. I have filed a federal lawsuit against the City and County of Denver and Officers Miller

and Robledo, Civil Action No. 10-cv-651-JLK.

20. I, James D. Moore, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the

laws of the United States of America that the following is true and correct, based on my

personal knowledge. Here is part of my argument from the brief on this issue:

____________________________________ James D. Moore

4


AFFIDAVIT OF .JORDAN SELIGMAN

I, Jordan Seligman, swear that the following is true and correct to the best of my


J_ My name is Jordan Seligman. I am over the age of twenty-one and am otherwise


2. On November 25, 2008, I was at a concert at the Pepsi Center. Three friends and I were

walking through the parking lot on our way home when a car pulled up. The car's passenger

opened the car door, hitting my friend Shane Olsen.

3. Mr. Olsen told the man, "Ease up Chachee." The man then got out and grabbed Mr.

Olsen by the throat and slammed him up against the car. Another man also got out of the car. A

friend and I grabbed the man who had taken hold of Mr. Olsen. Then, he pulled out a badge and

identified himself as a Denver police officer.

4. One of the officers handcuffed me, slammed my head into the car, and pushed me into

the backseat.

5. After talking to Mr. Olsen, one of the officers tackled him and took him to the ground.

He was cuffed and forced into the police car with me.

6. None one in the group resisted the officers, tried to run away or made any threatening

movements or statem'lnts once the officers had identified themselves as police. The level of

aggression the officers used against us, both before they identified themselves and after, was

uncalled for.

•


Affidavit of Jordan Seligman Page 2 of2

7. I was charged with felony assault of a peace officer, disorderly conduct, and disturbing

the peace . .1 was offered a plea deal, but I didn't take it because I had done nothing wrong. The

charges were dropped before the trial date.

8. Mr. Olsen filed a complaint with Internal Affairs. The whole process was a joke. The

police knew they were in the wrong so they just drew the process out as long as they could.

9. When I was interviewed, the Internal Affairs investigator had an attitude with me. He

assumed that I wa..• guilty the entire time and was just going through the motions. The

investigator didn't care about the clearly unfair and excessive treatment the police put us

through.

l 0. Justice did not prevail. Neither me, nor anyone I was with, did anything to deserve being

treated like we were. We just walked across a parking lot. We ended up in jail, were falsely

charged and were disbelieved by Internal Affairs.

I, Jordan Seligman, declare under penalty ofpeijury pursuant to 28 U.S.C. § 1746 and the


knowledge.


Declaration of Addison Hunold

I, Addison Hunold, under penalty of perjury state and declare as follows:

1. I witnessed the events involving the beating of Alex Landau on January 15, 2009 and have given statements about it previously. I am a college student at Metro State College of Denver. I am a junior with a photojournalism major and business management minor. I am 23 years old. I reside at 1355 Pearl Street, Denver, Colorado 80203.

2. After he was frisked, Alex Landau approached the officer who was wanting to inspect his trunk and asked if they had a warrant. Alex took a few steps with his hands up in the air, showing he was not a threat to anyone, like the police say to do. The officers knew that he was not armed.

3. As I have said, Alex Landau did not ever go for any officer's gun. Alex was punched in the face while being held and then fell over. Alex Landau did nothing to resist or provoke the officers.

4. Alex did not attack or hit anyone. Alex didn't fight. He couldn't fight. He had three cops on him.

5. I saw him struck in the face at least 1 0 times, may be more by the officers.

6. At the time of his beating, I yelled at the cops at the top of my lungs to stop, saying things like "what the hell are you doing?"

7. At the station, while I was being pressured to give a false statement about Alex Landau going for the gun which he never did, a Denver police officer told me I could go to jail myself and then said about Alex: "That nigger' s not your friend."

8. I was very intimidated during my questioning and felt unduly pressured to give false statements about Alex Landau.

9. I have carefully reviewed this statement and it accurately describes the series of events that night that I saw and heard.

lli~ JiJi I I I) I 20f/ -A~~~d~is=o~n~H~u~n~o-ld--------------~


AFFIDAVIT OF CORNELIUS CAMPBELL

I, Cornelius Campbell, swear that the following is true and correct to the best of my


L My name is Cornelius CampbelL I am over the age of twenty-one and am otherwise

competent to testifY. I make the following statements based on my personal knowledge.

2. On the night of February 13,2009 at about 11:00 p.m., I was in the passanger seat of my

vehicle eating dinner while Ashford Wortham drove.

3. We were driving southwest on Champa Street, just past Curtis Park in Denver when Mr.

Wortham noticed a unmarked Dodge Durango police vehicle pull behind us. Seeing a police

vehicle behind us Mr. Wortham drove particularly carefully to avoid being pulled over for any

reason whatsoever.

4. The officer in the unmarked police car was Perry Speelman, a Sergeant in the Denver

Police Department.

5. According to Officer Speelman's testimony during the course of the DPD's internal

affairs investigation, he began following us because our vehicle "caught [his] eye," and he was

"looking for something to do that night." Officer Speelman went on say: "[T]here was just

something about them that .... let me check that car out." !d. The lack of any objective indicia

of suspiciousness is telling regarding his true motivation.

6. Mr. Wortham continued driving southwest on Champa Street. When we reached a red

light at Park Avenue West, we both noted that the officer was still following behind us. We

drove northwest on Park Avenue for one block and came to a stop at the light on Curtis Street.


Affidavit of Cornelius Campbell Page2 of8

7. At this point, Officers Davis and Campion were heading southwest in the alley between

Curtis and Arapahoe. Apparently homing in on our car, they pulled out in front of us, did a slow

u-turn, and pulled up behind the vehicle. After pulling up behind our vehicle, Officers Davis and

Campion turned on their police lights and pulled us over. Officer Speelman had followed us

from behind and was also on the scene.

8. Officer Davis approached our vehicle on the driver's side demanding, in an aggressive

and loud voice, "Get your license, registration, and insurance." At the same time Officer

Campion approached our vehicle on the passenger side. I leaned slightly forward and advised

Officer Davis that it was my car, and the insurance and registration were in the glove box. Mr.

Wortham asked Officer Davis why they pulled us over.

9. Officer Davis refused to answer Mr. Wortham's question and instead demanded: "Get me

what I fucking asked for!" We were stunned by the hostility and aggressiveness of the officers

and instantly became fearful for our well-being.

10. I stated carefully what I was doing with my hands to retrieve the insurance and

registration ("I am going to use my right hand to open the glove box."), so as not to create further

tension with the already hostile officers or to give any concern that I was making any suspicious

or inappropriate movements.

11. As I opened the glove box to get the registration and insurance, I looked to the right and

saw that Officer Campion had his gun drawn and was pointing it at him. Afraid for my life, I

immediately froze and put my other hand in the air. Without allowing me to retrieve the

insurance and registration, Officer Campion aggressively yanked me from my seat. I became

entangled in my seat belt, which made it difficult for me to exit the car. Once outside the car,


Affidavit of Cornelius Campbell Page 3 of8

Officer Campion searched me, even though he lacked reasonable suspicion to believe I had a

weapon.

12. Shortly thereafter, Officer Davis demanded that Mr. Wortham exit the car.

Officer Davis proceeded to search Mr. Wortham even though he had no reason to believe he had

a weapon or had engaged in any criminal activity. Officer Davis then questioned Mr. Wortham

about where we were going. In response, Mr. Wortham asked the officer, "Why does it matter

where we were going?" Officer Davis retorted: "You're one of those smart mouthed niggers,

aren't you?" Officer Davis then handcuffed Mr. Wortham and placed him on the sidewalk.

13. It was about 28 degrees at the time of the stop and neither Mr. Wortham or I was

wearing appropriate clothing to be forced to sit outside in the freezing cold on the sidewalk. At

Mr. Wortham's subsequent trial, Officer Speelman testified, in contrast to the recorded weather

record, "It was not cold."

14. While we were sitting outside in the cold, Officers Davis and Campion performed

a warrantless and illegal search of our vehicle and obtained my registration and insurance from

the glove-box.

15. Officer Speelman, who spent much of the stop in the warmth of one of the two

police vehicles on the scene, approached us at one point and announced: "Well, we got ourselves

some real gang bangers here." He then stated to Mr. Wortham: "You're a spook gangbanger."

Officers Speelman and Davis continued to taunt Mr. Wortham, telling him that he was "fatter"

than his identification indicates.

16. According to police records, the stop lasted approximately 45 minutes. However,

at Mr. Wortham subsequent trial, Officer Speelman testified, that the stop lasted "twenty minutes

at the most .... "



17. During the stop we were left sitting in the cold on the sidewalk without proper

clothing for no apparent reason. I asked repeatedly to either be allowed to put on my coat or that

I be arrested and taken to jail since I was freezing and had a bad back which was hurting because

of the position in which I was forced to sit. The officers repeatedly refused my request, and did

not allow me to get my coat until near the end of the stop.

18. After the forty-five minute plus ordeal, Officer Speelman cited Mr. Wortham for:

(1) failing to wear a seat belt; (2) running a red light; and (3) failure to sign

insurance/registration. Finally, we were permitted to leave. All of these citations lacked a

factual basis and were given to cover-up the officers racially motivated and otherwise illegal

stop, detention and treatment of us. At all times we were each wearing our seatbelt; and (2) Mr.

Wortham was driving in a safe and lawful manner and did not run a red light. Further, as the

officers well knew, Mr. Wortham had no legal responsibility to sign my car insurance and

registration forms.

19. Mr. Wortham pled not guilty to all the charges against him and on June 29,2009,

appeared prose in Denver County Court. Officer Speelman was the only DPD representative

who appeared at the trial. Officer Speelman testified in a demonstrably false manner.

20. During a May 18, 2010 phone interview with Sergeant Maria Cameron, Judge

Ortiz-White commented that the testimony of Officer Speelman was incredible as "it was a

whole different story .... [v]ery divergent. .. [a]nd it wasn't just one part of the story .... [it

was] how they [were] stopped, why they [were] stopped, and it just went way beyond a traffic

stop."

21. Judge Ortiz-White held, and stated in the official Court record, that the officers

lacked any probable cause for the stop. The judge found that the: "Police conduct was extreme,



profane and racially motivated. Def[ endant] and passenger were unlawfully detained for

unreasonable time and without reasonable suspicion." Further, the judge held that the: "Officer's

credibility was seriously questioned based on his testimony about the location of the stop and

details of the stop." And that "the police conduct was not acceptable from what I heard." Judge

Ortiz-White dismissed all charges against Mr. Wortham.

22. After dismissing the charges Judge Ortiz-White had one final word of

advice/caution for Mr. Wortham:

THE COURT: Mr. Wortham, just one other thing I want to say, I hear that testimony from time to time about that kind of situation basically a major shake down-l\1R. WORTHAM: Yes, ma'am. THE COURT: --of males in the car, and, but really ninety-five percent of the officers that I hear testimony and see how they operate, aren't like that. But unfortunately, the other whatever percent make it feel like everybody is. MR. WORTHAM: Yes. THE COURT: So I'm glad you handled it well, I mean it could have been deadly

23. Mr. Wortham and I attempted to file a complaint on the same night of the stop,

February 13, 2009. Initially we went to District Two to file the complaint. At District Two we

talked to Officer Gallawa who falsely told us we would have to file our complaint with Internal

Affairs or go to District Six. We then dove to District Six and spoke with Officer Warwick who

summoned Sergeant Speelman. When Sergeant Speelman arrived he took a threatening posture

and intimidated us to such a degree that we asked an officer passing by to wait and be a witness.

Officer Warwick then told us to leave.

24. Unable to file a complaint we met with a member of the African-American

religious community who personally contacted Denver Police Chief Gerald Whitman. Only after

speaking with Police Chief Whitman were we allowed to go file an internal affairs complaint

against the officers.


Affidavit of Cornelius Campbell Page 6of8

25. After the complaint was filed, DPD opened an internal affairs "investigation"

related to the incident. We were interviewed by Internal Affairs officers. The investigation was

cursory and the result was pre-determined.

26. On May 15, 2009, Chief Whitman and Deborah Dilley sent us a letter stating that

"there is no preponderance of evidence to prove the charge of Discourtesy or Racial Harassment

against Sgt. Speelman, Officer Davis or Officer Campion .... "

27. Disturbed by this result, Mr. Wortham and I, through the American Civil Liberties

Union of Colorado Foundation ("ACLU''), sought through Colorado's open records laws to

review the records related to this matter, including the internal affairs records.

28. Denver refused to provide these records and the ACLU was left with no choice

but to file a lawsuit compelling disclosure. Even though we were obviously legally entitled to

obtain the records sought, only when the district court set a show cause hearing did Denver

provide redacted versions of the files. Denver ultimately had to pay $24,000 to the ACLU for

their legal fees in obtaining the records.

29. The records reveal that all three officers on scene that night have a history of

relevant public complaints.

30. Officer Speelman had at least thirty-five complaints from 1995-2009, many

involving unlawful use of force and inappropriate treatment, and several involving unlawful

stops, searches and detentions.

31. Officer Davis has at least nine complaints from 2007-2009, most involving

unnecessary use of force or profanity.

32. Officer Campion had at least three complaints from 2008-2009, including

complaints of discrimination, discourtesy and inappropriate force.



33. The records also reveal a practice of plainly biased DPD internal affairs

"investigations" aimed at exonerating the officer. A review of the internal affairs intetviews of

the officers in our case shows an "investigation" that was designed to feed the exonerating

answers and information to the officers by the use of helpful leading questions. In concluding

that there was no preponderance of evidence to prove our complaint against the officers, the

DPD intentionally ignored both the numerous contradictions on essential facts by the officers, as

well as the consistency of our accounts of the incident.

34. After Judge Ortiz-White's finding that the Officer had engaged in unconstitutional

conduct, DPD opened up a second sham investigation. As part of this investigation lAB

Sergeant Maria Cameron conducted a phone interview with Judge Ortiz-White. As an example

of the predetermined nature of the lAB investigation, lAB Sergeant Cameron's summary of her

May 18, 2011 interview with Judge Ortiz-White misstated the judge's answers to her questions.

For example, lAB Sergeant Cameron stated that the reason Judge Ortiz-White questioned

Sergeant Speelman's credibility was "because his testimony of events was very different from

the account of events offered by the defendants." However, Judge Ortiz-White stated that she

found Sergeant Speelman incredible because "it was a whole different story .... [ v ]ery

divergent. .. [a]nd it wasn'tjust one part of the story .... [it was] how they [were] stopped, why

they [were] stopped, and it just went was beyond a traffic stop." Similarly lAB Sergeant

Cameron characterized Judge Ortiz-White's minute order finding that we were unlawfully

detained and racially profiled as being "based on the account of events offered by the defendant."

Nowhere in the transcript of Judge Ortiz-White's phone interview does she make this or any

similar statement. To the contrary Judge Ortiz-White stated:

MC: Okay, and ifl can just read you one, it says, "Police conduct was extreme, profane and racially motivated," and that's-



AO: That's because of what they were saying to the man as they pulled him out of the car and stuck him on the sidewalk. MC: Okay, as- and did that come from like the testimony of the guys? AO: Yes, and the officers said yes, they did pull him out.

35. Even though a Denver County Court judge found the conduct of the officers to be

"extreme, profane and racially motivated" Denver failed to discipline any of the officers for their

conduct relating to their stop of us. Instead, Officer Speelman was disciplined for only one of

his lies: failing to notifY a superior that we had attempted to file a complaint against him and

Officers Davis and Campion.

36. On August 27,2010, the ACLU, asked Denver to reopen the investigation due to

all the contradictory testimony on the part of the officers. Denver declined the ACLU' s request,

stating that all of the inconsistencies between the officers' accounts can "readily be explained

away as innocent."

I, Cornelius Campbell, declare under penalty of peijury pursuant to 28 U.S.C. § 1746 and


personal knowledge.

9d DATED This: day ofJuly, 2012


______________________________________________________________________________

AFFIDAVIT OF ASHFORD WORTHAM ______________________________________________________________________________

I, Ashford Wortham, swear that the following is true and correct to the best of my


1. My name is Ashford Wortham. I am over the age of twenty-one and am otherwise


2. On the night of February 13, 2009 at about 11:00 p.m., I was driving a vehicle owned by

Cornelius Campbell, while Mr. Campbell ate dinner in the passenger seat.

3. We were driving southwest on Champa Street, just past Curtis Park in Denver when I

noticed a unmarked Dodge Durango police vehicle pull behind us. Seeing a police vehicle

behind us I drove particularly carefully to avoid being pulled over for any reason whatsoever.

4. The officer in the unmarked police car was Perry Speelman, a Sergeant in the Denver

Police Department.

5. According to Officer Speelman’s testimony during the course of the DPD’s internal

affairs investigation, he began following us because our vehicle “caught [his] eye,” and he was

“looking for something to do that night.” Officer Speelman went on say: “[T]here was just

something about them that . . . . let me check that car out.” Id. The lack of any objective indicia

of suspiciousness is telling regarding his true motivation.

6. I continued driving southwest on Champa Street. When we reached a red light at Park

Avenue West, we both noted that the officer was still following behind us. We drove northwest

on Park Avenue for one block and came to a stop at the light on Curtis Street.

7. At this point, Officers Davis and Campion were heading southwest in the alley between

Curtis and Arapahoe. Apparently homing in on our car, they pulled out in front of us, did a slow


Affidavit of Ashford Wortham Page 2 of 8 u-turn, and pulled up behind the vehicle. After pulling up behind our vehicle, Officers Davis and

Campion turned on their police lights and pulled us over. Officer Speelman had followed us

from behind and was also on the scene.

8. Officer Davis approached our vehicle on the driver’s side demanding, in an aggressive

and loud voice, “Get your license, registration, and insurance.” At the same time Officer

Campion approached our vehicle on the passenger side. Mr. Campbell leaned slightly forward

and advised Officer Davis that it was his car, and the insurance and registration were in the glove

box. I asked Officer Davis why they pulled us over.

9. Officer Davis refused to answer my question and instead demanded: “Get me what I

fucking asked for!” We were stunned by the hostility and aggressiveness of the officers and

instantly became fearful for our well-being.

10. Mr. Campbell stated carefully what he was doing with his hands to retrieve the insurance

and registration (“I am going to use my right hand to open the glove box.”), so as not to create

further tension with the already hostile officers or to give any concern that he was making any

suspicious or inappropriate movements.

11. As Mr. Campbell opened the glove box to get the registration and insurance, he looked to

the right and saw that Officer Campion had his gun drawn and was pointing it at him. Mr.

Campbell, afraid for his life, immediately froze and put his other hand in the air. Without

allowing Mr. Campbell to retrieve the insurance and registration, Officer Campion aggressively

yanked Mr. Campbell from his seat. Mr. Campbell became entangled in his seat belt, which

made it difficult for him to exit the car. Once outside the car, Officer Campion searched Mr.

Campbell, even though he lacked reasonable suspicion to believe Mr. Campbell had a weapon.


Affidavit of Ashford Wortham Page 3 of 8

12. Shortly thereafter, Officer Davis demanded that I exit the car. Officer Davis

proceeded to search me even though he had no reason to believe I had a weapon or had engaged

in any criminal activity. Officer Davis then questioned me about where we were going. In

response, I asked the officer, “Why does it matter where we were going?” Officer Davis

retorted: “You’re one of those smart mouthed niggers, aren’t you?” Officer Davis then

handcuffed me and placed me on the sidewalk.

13. It was about 28 degrees at the time of the stop and neither Mr. Campbell or I was

wearing appropriate clothing to be forced to sit outside in the freezing cold on the sidewalk. At

my subsequent trial, Officer Speelman testified, in contrast to the recorded weather record, “It

was not cold.”

14. While we were sitting outside in the cold, Officers Davis and Campion performed

a warrantless and illegal search of our vehicle and obtained Mr. Campbell’s registration and

insurance from the glove-box.

15. Officer Speelman, who spent much of the stop in the warmth of one of the two

police vehicles on the scene, approached us at one point and announced: “Well, we got ourselves

some real gang bangers here.” He then stated to me: “You’re a spook gangbanger.” Officers

Speelman and Davis continued to taunt me, telling him that I was “fatter” than my identification

indicates.

16. According to police records, the stop lasted approximately 45 minutes. However,

at my subsequent trial, Officer Speelman testified, that the stop lasted “twenty minutes at the

most . . . .”

17. During the stop we were left sitting in the cold on the sidewalk without proper

clothing for no apparent reason. Mr. Campbell asked repeatedly to either be allowed to put on


Affidavit of Ashford Wortham Page 4 of 8 his coat or that he be arrested and taken to jail since he was freezing and had a bad back which

was hurting because of the position in which he was forced to sit. The officers repeatedly

refused Mr. Campbell’s request, and did not allow him to get his coat until near the end of the

stop.

18. After the forty-five minute plus ordeal, Officer Speelman cited me for: (1) failing

to wear a seat belt; (2) running a red light; and (3) failure to sign insurance/registration. Finally,

we were permitted to leave. All of these citations lacked a factual basis and were given to cover-

up the officers racially motivated and otherwise illegal stop, detention and treatment of us. At all

times we were each wearing our seatbelt; and (2) I was driving in a safe and lawful manner and

did not run a red light. Further, as the officers well knew, I had no legal responsibility to sign

Mr. Campbell’s car insurance and registration forms.

19. I pled not guilty to all the charges against me and on June 29, 2009, appeared pro

se in Denver County Court. Officer Speelman was the only DPD representative who appeared at

the trial. Officer Speelman testified in a demonstrably false manner.

20. During a May 18, 2010 phone interview with Sergeant Maria Cameron, Judge

Ortiz-White commented that the testimony of Officer Speelman was incredible as “it was a

whole different story . . . . [v]ery divergent . . . [a]nd it wasn’t just one part of the story . . . .[it

was] how they [were] stopped, why they [were] stopped, and it just went way beyond a traffic

stop.”

21. Judge Ortiz-White held, and stated in the official Court record, that the officers

lacked any probable cause for the stop. The judge found that the: “Police conduct was extreme,

profane and racially motivated. Def[endant] and passenger were unlawfully detained for

unreasonable time and without reasonable suspicion.” Further, the judge held that the: “Officer’s


Affidavit of Ashford Wortham Page 5 of 8 credibility was seriously questioned based on his testimony about the location of the stop and

details of the stop.” And that “the police conduct was not acceptable from what I heard.” Judge

Ortiz-White dismissed all charges against me.

22. After dismissing the charges Judge Ortiz-White had one final word of

advice/caution for me:

THE COURT: Mr. Wortham, just one other thing I want to say, I hear that testimony from time to time about that kind of situation basically a major shake down – MR. WORTHAM: Yes, ma’am. THE COURT: --of males in the car, and, but really ninety-five percent of the officers that I hear testimony and see how they operate, aren’t like that. But unfortunately, the other whatever percent make it feel like everybody is. MR. WORTHAM: Yes. THE COURT: So I’m glad you handled it well, I mean it could have been deadly

23. Mr. Campbell and I attempted to file a complaint on the same night of the stop,

February 13, 2009. Initially we went to District Two to file the complaint. At District Two we

talked to Officer Gallawa who falsely told us we would have to file our complaint with Internal

Affairs or go to District Six. We then dove to District Six and spoke with Officer Warwick who

summoned Sergeant Speelman. When Sergeant Speelman arrived he took a threatening posture

and intimidated us to such a degree that we asked an officer passing by to wait and be a witness.

Officer Warwick then told us to leave.

24. Unable to file a complaint we met with a member of the African-American

religious community who personally contacted Denver Police Chief Gerald Whitman. Only after

speaking with Police Chief Whitman were we allowed to go file an internal affairs complaint

against the officers.



25. After the complaint was filed, DPD opened an internal affairs “investigation”

related to the incident. We were interviewed by Internal Affairs officers. The investigation was

cursory and the result was pre-determined.

26. On May 15, 2009, Chief Whitman and Deborah Dilley sent us a letter stating that

“there is no preponderance of evidence to prove the charge of Discourtesy or Racial Harassment

against Sgt. Speelman, Officer Davis or Officer Campion….”

27. Disturbed by this result, Mr. Campbell and I, through the American Civil

Liberties Union of Colorado Foundation (“ACLU”), sought through Colorado’s open records

laws to review the records related to this matter, including the internal affairs records.

28. Denver refused to provide these records and the ACLU was left with no choice

but to file a lawsuit compelling disclosure. Even though we were obviously legally entitled to

obtain the records sought, only when the district court set a show cause hearing did Denver

provide redacted versions of the files. Denver ultimately had to pay $24,000 to the ACLU for

their legal fees in obtaining the records.

29. The records reveal that all three officers on scene that night have a history of

relevant public complaints.

30. Officer Speelman had at least thirty-five complaints from 1995-2009, many

involving unlawful use of force and inappropriate treatment, and several involving unlawful

stops, searches and detentions.

31. Officer Davis has at least nine complaints from 2007-2009, most involving

unnecessary use of force or profanity.

32. Officer Campion had at least three complaints from 2008-2009, including

complaints of discrimination, discourtesy and inappropriate force.



33. The records also reveal a practice of plainly biased DPD internal affairs

“investigations” aimed at exonerating the officer. A review of the internal affairs interviews of

the officers in our case shows an “investigation” that was designed to feed the exonerating

answers and information to the officers by the use of helpful leading questions. In concluding

that there was no preponderance of evidence to prove our complaint against the officers, the

DPD intentionally ignored both the numerous contradictions on essential facts by the officers, as

well as the consistency of our accounts of the incident.

34. After Judge Ortiz-White’s finding that the Officer had engaged in unconstitutional

conduct, DPD opened up a second sham investigation. As part of this investigation IAB

Sergeant Maria Cameron conducted a phone interview with Judge Ortiz-White. As an example

of the predetermined nature of the IAB investigation, IAB Sergeant Cameron’s summary of her

May 18, 2011 interview with Judge Ortiz-White misstated the judge’s answers to her questions.

For example, IAB Sergeant Cameron stated that the reason Judge Ortiz-White questioned

Sergeant Speelman’s credibility was “because his testimony of events was very different from

the account of events offered by the defendants.” However, Judge Ortiz-White stated that she

found Sergeant Speelman incredible because “it was a whole different story . . . . [v]ery

divergent . . . [a]nd it wasn’t just one part of the story . . . .[it was] how they [were] stopped, why

they [were] stopped, and it just went was beyond a traffic stop.” Similarly IAB Sergeant

Cameron characterized Judge Ortiz-White’s minute order finding that we were unlawfully

detained and racially profiled as being “based on the account of events offered by the defendant.”

Nowhere in the transcript of Judge Ortiz-White’s phone interview does she make this or any

similar statement. To the contrary Judge Ortiz-White stated:

MC: Okay, and if I can just read you one, it says, “Police conduct was extreme, profane and racially motivated,” and that’s-



AO: That’s because of what they were saying to the man as they pulled him out of the car and stuck him on the sidewalk. MC: Okay, as – and did that come from like the testimony of the guys? AO: Yes, and the officers said yes, they did pull him out. 35. Even though a Denver County Court judge found the conduct of the officers to be

“extreme, profane and racially motivated” Denver failed to discipline any of the officers for their

conduct relating to their stop of us. Instead, Officer Speelman was disciplined for only one of

his lies: failing to notify a superior that we had attempted to file a complaint against him and

Officers Davis and Campion.

36. On August 27, 2010, the ACLU, asked Denver to reopen the investigation due to

all the contradictory testimony on the part of the officers. Denver declined the ACLU’s request,

stating that all of the inconsistencies between the officers’ accounts can “readily be explained

away as innocent.”

I, Ashford Wortham, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and


personal knowledge.

DATED This:______ day of July, 2012 ____________________________________ Ashford Wortham


AFFIDAVIT OF CHRISTINE GRIEGO

I, Christine Griego, swear that the following is true and correct to the best of my


1. My name is Christine Griego. I am over the age oftwenty-one and am otherwise


2. In June of2009, I was at a neighbor' s house with my boyfriend. We were talking and

being sort of loud.

3. The police came to the door. Apparently, a neighbor had thought that our loud talking

was a fight and had called to report it.

4. When the police ran our names, they said that my boyfriend had a warrant out for his

arrest for violating his parole. They handcuffed him, took him outside, and put him in a police

car.

5. One ofthe officers told me to go back inside and I did.

6. About an hour later I went back outside to get some fresh air.

7. The police were still there when I went outside. An officer said to me, "I told you to stay

in the house."

8. The officer grabbed me by the back of my neck and threw me face first into the concrete

sidewalk. I was knocked out instantly.

9. I woke up handcuffed to a hospital bed in Denver Health.

10. I had stiches in my left eyebrow, scrapes and bruises all over my knees, arms, and face,

as well as a black eye. To this day I can't grow hair on my left eyebrow.


Affidavit of Christine Griego Page 2 of2

11. I had four charges against me and spent seven days in jail waiting for a hearing. At the

hearing, everything was dismissed and I was let go.

12. I felt violated by the police officer so I filed a written complaint against him with Internal

Affairs.

13. I gave them the pictures they took of my injuries at the hospital and I was interviewed by

an investigator for a short time.

14. I really thought the investigators at Internal Affairs were handling the situation and that

the officers would be disciplined.

15. After I went to Internal Affairs, I got a letter saying that they were investigating my case.

16. That letter was the last I heard from Internal Affairs about my case. I guess they didn't

care about my complaint and decided to sweep it under the rug.

17. I want people to know about what happened to me so that it doesn't happen to anyone

else. I was assaulted and the investigators who were supposed to care did not.

18. To this day, I suffer from depression because of what was done to me. It's not right to

allow this behavior from our police officers. They are supposed to be there to protect us but this

experience made me think that it's not safe to go to the police if you need help.

I, Christine Griego, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This:~ day of _ ___ _ 2012.

Christine Griego


05/15/2012 10:07 7203827909 AMERICAN NATIONAL

AFFIDAVIT OF RYAN MCGRATII

I, Ryan McGrath, swear that the following is true and correct to the best of my


1. My name is Ryan McGrath. I am over the age of twenty-one and am otherwise


PAGE 01/02

2. In June, 2009, I was at the Falling Rock Tap House hanging out with my girlfriend and a

group of our friends. There were around five of us.

3. We were standing on a Patio close to Blake Street.

4. I noticed a commotion going on by the door of the bar. There was young man in

handcuffs, who I guessed was about my age, being dragged away from the door by police

officers. I didn't know who he was that night, but I know now that it was Erik Anderson.

5. The officers threw the man against the face of rock wall near the front of the building.

His face hit the wall with a great deal offorce.

6. Everyone who saw it happen was shocked. It didn't seem like the man was resisting, he

was even handcuffed. It didn't seem fair.

7. My friends and I left soon after the incident. As we were leaving an officer told us to get

out of the way, "Otherwise there would be trouble."

8. My girlfriend and I were contacted by an investigator after the incident. He interviewed

me for about 10 minutes. I told him that what was done to Mr. Anderson was excessive and

unnecessary. I didn't think Mr. Anderson provoked the officers nor did anything to justify

getting slammed into that wall.

9. After that I did not hear from the police or from Internal Affairs again.


05/15/2012 10:07 7203827909

Affidavit of Ryan McGrath Page2 of2

AMERICAN NATIONAL

10. I don't know what ended up happening with investigation.

PAGE 02/02

11. As far as I know, only my girlfriend and I were interviewed. There were at least 5 people

in my group and probably around 30 people in the area who might have seen what happened.

I, Rya11 McGrath, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This: ;s-"'-dayofJune, 2012.


Tuesday, July 10, 2012 5:35PM Stepha~M Carter 3033734150

01/10/1011 03:16 p TO:+! (lOll 3134110 FROH:710l9BJ110 Page: 1 p.02

AFFIDA VlT OF KATHRYN Wl':LLS

I, Kathryn Wells, swear that the following is tme and correct tu the best of my knowledge

and inJ(mna!ion:

I. My name is Kathryn Wells. I am over tho age of twenty-on~ and am otherwise

competent to testify. I make the following statement< based on my personal knowledge.

2. On August 8, 2009, rny sister calle<lme tu go to my nephew's apartmenl lo help resolve a

dispute between my nephew and his wife.

3. I arrived at hi~ nparhnenl con1plex .and went up the stai.rs. There was a police officer ncar

the dom of my nephew's apartment. I went up to the door and asked my nephew's wile,

Shawna, what was going on through the door_

~- Shawna responded that she didn't want me there. I told her, "Fine" and started walking

away. '!be officer tlwre told me to leave as well. I responded to him that I already was.

5_ I was then shoved by the officer_ lie shoved me again, this tim~ pushing me down so that

my face hit the eround, breaking my glasses and injuring my mouth and face_ 'lbc officer

grabbed my hand and twisred it behind my bock.

6. The officer put his knee into my back to hold me down. It was really painful, and it

happened very fast.

7. Several people who were on the apartment landing were telling the officer to l~t me up

.rnd stop hurling m-._ The officer handcuffed me and pulled me up hy the cuffs_

8. lie had no reason to put his hands on tne whatsoev<.:r. 'lberc's no way he could have

thought that I was a thr~at to him.


Tuesday, July 10, 2012 5:35PM Stephanie M Carter 3033734150

011!0/2011 03:16 p TO:+! I]Ol) lll4150 fROM:720J98l110 Page: J

Affidavit of Kathryn Wells Page 2 of2

9_ My kn.,cs wen' cut up, my lip was cut: I had bruises on the side of my face, and cuts on

my wrists frt>m being picked up by handcuffs_

1 0_ I was taken to the hospital and thaukfully not to jail that nighL

11. l had pictures taken of my injuries and went 10 the lmcmal Affai>'S Hur.oau (lAB) to file a

complaint. When I talked to an inve,tigator I told him what h.'l.ppened. It was a brief interview_

12_ lAB did not do a thorough inwstigation. They definitely didn't interview all or even

most of the witnesses that were there. I gave them the names of neighbors and other witnesses.

had people volunteering to l~;tify about what happened. Still, the officer with lf\B just ienored

me.

13_ Aftcrthc interview 1 never heard back from lAB. I don't know if they clo,cd the case. 11

seems like they just decided to if,'flore it.

14_ l found this very upsetting because l don't think that officer should still be on duty

without being held accountable for what he did tu me_ He might put his hands on wmeone else

that he has no right to touch.

15_ By !he end of it I ended up serving a y.;ar of probation for intcri'erencc which;,

something I definitely didn't do. The process dragged on for an incredibly long lime. There

were several witnesses who could have told the police I was innocent, hut none of lhe

investigators wanted to talk to then'-

I, Kathryn w~ns, declare under penalty of perjury pursuant to 28 IJ.S.C. § 1746 and the

laws of the United States uf America that the preceding is true and correct, based on my personal

knowledge.

DAU:O This: j{)

p.01 Case 1:11-cv-02394-WJM-CBS Document 62-35 Filed 07/16/12 USDC Colorado Page 49 of

80

06/13/2012 WED 15:13 FAX 3033938522 Cedar Run Denver,CO

AFFIDAVIT OF JANCY PEREZ (THAMM)

I, Janey Perez, swear that the following is true and correct to the best of my knowledge

and information:

ldJO 01 I OQl

1. My name is Janey Perez. In 2010, I went by the name Janey Thamm. I am over the age

of twenty-one and am otherwise competent to testify. I make the following statements based on

my personal knowledge.

2. On New Years' Eve 2010, my husband at the time, Stephen Thamm, and I were leaving

Vinyl Nightclub. As I walked outside, two police cars were present.

3. The officers had detained a man and a woman. I could not see the woman well because

she was standing on the other side of a car.

4. The man was saying something to the effect of, "We didn't fucking do anything wrong.

This is bullshit!" He was not resisting or struggling with the officer.

5. One of the police officers then proceeded to pick the man up by the elbows and slammed

the man's face into the police car back window. Upon seeing how much force was being used, I

walked up to the officer and told him, "Hey, this is not okay."

6. The officer responded, "If you don't back up, I willruTest you too."

7. After the man was slammed down, the other officer was also visibly surprised, and had a

look on his face like he was not okay with what had just happened.

8. One of the man's friends held up a cell phone and told me to say exactly what I saw,

which I did. I do not know who was on the other end.

9. Approximately a month later, the Internal Affairs Bureau (lAB) called me about the

incident. I told them what I saw. I felt as though they thought I was lying. They kept asking


06/13/2012 WED 15:15 FAX 3033938522 Cedar Run Denver,CO

Affidavit of Janey Perez Page 2 of2

J4JQ01LOO.l

me, over and over again, if I had a problem with law enforcement, and I responded, "I'm in law

school; of course I don't have a problem with law enforcement."

I 0. The lAB called me a few more times during the next several months, but the content was

generally the same as the first conversation. Again, I told them what I saw, but I felt as though it

was received with skepticism.

11. I do not know what the result of the investigation was, and I have had no further contact

with the Internal Affairs Bureau.

I, Janey Perez, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This: I )fl-.. day of June, 2012.

l 7 -

Jancy'Perez


AFFIDAVIT OF STEPHEN THAMM

I, Stephen Thamm, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Stephen Thamm. I am over the age of twenty-one and am otherwise competent


2. In the early morning of January 1, 2010, I was leaving Club Vinyl with my then wife, Janey

Thamm.

3. I was completely sober; I do not drink or do drugs.

4. We were walking to our car and I noticed someone being arrested. I now know this was

Ross Lopez, but I didn' t know him at the time.

5. He was talking to a woman, who I presumed to be his girlfriend, who was also being

detained. It look that they had had a lover's quarrel.

6. Mr. Lopez said something to his girlfriend and one of the officers grabbed him off of the

curb, spun him around, and slammed his face into the back window of a police car. The officer

knocked his teeth out. Mr. Lopez was screaming that his teeth were broken. At no point did Mr.

Lopez make any threatening gestures or movements at or towards the officers. In all physical

respects it appeared as if he was being compliant with the officer' s commands.

7. Mr. Lopez's girlfriend saw this and screamed; she was shocked. Two officers then slammed

her down to the ground. They hit her several times as a third officer jumped in and kneed her in the

back. Her dress had flown up and she was totally exposed. The officers didn' t try to help cover her

up. She wasn't resisting and at no point prior to being assaulted by the officers did she make any

threatening gestures or movements at or towards the officers.


Affidavit of Stephen Thamm Page 2 of2

8. Once we saw the officers tackle the girl I felt that we needed to intervene. I approached an

officer and told him to stop the excessive brutality. The officer became extremely aggressive and

quickly approached my wife. I thought the officer was going to strike her. He told us to leave the

scene or we would be arrested as well.

9. I told the officer that we wanted to talk to a supervisor. They refused to call a supervisor

and basically just dismissed us. I was very upset about his because what we witnessed was so

excessive, it was completely ridiculous.

1 0. There were several officers around and none of them did anything to stop the violence.

11. Months later, an lAB investigator contacted my wife and me. I could tell from his tone that

he wasn't taking my statement seriously. It seemed like he wanted me to downplay the officer's

bad conduct. He kept implying that I was biased against police officers, which isn't true, as I have

several family members who are police officers.

12. The investigator kept saying things like, "That' s a little much don't you think?" I gave him

a totally accurate account of my memory ofthe incident. However, it seemed like lAB waited so

long to contact us so we wouldn't remember all the details. The investigator didn' t want me to

seem credible. After I was interviewed I knew that the investigation wasn't going to go anywhere.

13. I have not been to that side of Denver since the incident. I'm afraid that I could run into the

same officers. I don't want them to know what my face looks like after seeing what they did to Mr.

Lopez. There are a lot of good cops out there but these guys were out of control.

I, Stephen Thamm, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the

laws of the United States of America that the preceding is tru~ se

knowledge. ~

DATED This { ( day oO,::~ 12.~~ Stephen Thamm -


AFFIDAVIT OF MARK ASHFORD

I, Mark Ashford, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Mark Ashford. I am over the age of twenty-one and am otherwise competent


2. On the morning of March 16, 2010, at about 10:00 a.m. I was walking my two dogs on

the I-25 overpass near the intersection of 20th Street and Little Raven.

3. I got to the comer of 20th Street and Little Raven as a car pulled up to the stop sign. The

car came to a complete stop at the stop sign. The driver then waived to let me cross the street in

front of him. To be safe, I let the vehicle proceed in front of me.

4. Almost immediately afterward, an undercover police officer in an unmarked Crown

Victoria peeled out, turned his lights on, and pulled over the previously mentioned car.

5. I approached the car as it was in my path. It looked like an officer was writing a ticket.

As the officer was walking back to his car, I asked the driver of the pulled-over car if he was ok.

The driver responded, "Yeah, I got a stop sign ticket."

6. I told the driver that I had seen him make a complete stop at the intersection and that I'd

be happy to testify for him.

7. The officer approached me and asked for my ID. I asked him, "What for?''

8. The driver of the car asked me for my phone number and I gave it to him. The officer let

him go. He felt that something was wrong and turned around on I-25 to return to the nearby

skate park so that he could observe my interaction with the police officer.


Affidavit of Mark Ashford Page 2 of4

9. I gave the officer, who I now know to be Officer Cook, my driver' s license. Officer

Cook took quite a while with my driver' s license. The situation didn't feel right. I decided to

call 9-1-1 on my cell phone, thinking that having another officer at the scene would be wise.

10. Officer John Diaz arrived a short time later. The officers talked to each other and then

issued me a ticket for interference. I took the ticket and put it in my pocket. I then asked for the

officers ' cards. They refused to give me their cards.

11 . I told the officers that I did not approve of what they were doing and that I would see

them in court.

12. I pulled out my camera-phone and took pictures of Officer Diaz and the license plate of

the patrol car.

13. Officer Diaz carne up and grabbed me, trying to take the phone away from me. Officer

Cook then came over to assist Officer Diaz take my phone. I told them, "You' re violating my

rights!" Officer Cook started punching me and I lost control of my dogs' leashes.

14. I was terrified of the officers and in order to defend myself I pulled the officers to the

ground. I just kept screaming "Stop! Stop!"

15. Officer Diaz stopped and went to pick up my dogs.

16. Officer Cook continued to press me against the railing ofthe overpass and punch me. I

continued yelling, "I'm not resisting" and "Stop!"

17. I was then handcuffed. I was extremely scared of the officers at this point.

18. I was terrified and started to yell across the street to a group of kids who were watching

the incident. I told them to call my girlfriend and yelled out her number. The officers yelled at

the kids not to get involved and threatened that the same thing would happen to them if they did.

19. I still had my phone and I managed to call my girlfriend.



20. Officer Cook saw me using my phone and rushed at me again. This time he slammed my

head down into the concrete with extreme force. The slam gave me a concussion and put me in

great deal of pain.

21 . I started to become woozy from my head being slammed into the sidewalk. An

ambulance arrived and so did Corporal David Kline who said he was with Internal Affairs.

22. I was taken to the hospital. I was handcuffed to the bed and was vomiting frequently

from my injuries. I continually asked the officers to call my family and let them know I was in

the hospital, but they ignored my pleas for help.

23. My head being slammed into the ground caused great pain and injury. My wrist was

sprained and I had bruises and cuts all over my body.

24. After being released from the hospital I was taken to jail. I was charged with

interference, resisting arrest, and damage to public property for the incident.

25. During the incident I took audio recordings and pictures with my cell phone. When my

phone was returned to me the audio files and pictures had been erased.

26. After being released from jail, I several occasions contacted the Denver Police

Department to try to get information about the incident. I was given the runaround and not one

of my questions was answered.

27. Before the criminal trial I contacted the Denver Police Department at least three times to

report the incident. I was turned away twice without being interviewed. I was told by a

supervisor at the police station that it didn' t sound like I had a justifiable case and would not be

allowed to file a complaint.

28. Eventually, all of the charges were dismissed in my criminal case.



29. My attorney, Will Hart, was given a traffic cam video which had poor resolution but

showed that the officers' reports of the incident didn ' t check out.

30. With my attorney' s help I was able to file a complaint with the Internal Affairs Bureau

regarding the incident. Absent having an attorney help me, I do not believe I would have been

allowed to file the complaint.

31. lAB initially claimed that Officer Cook was not involved in the incident and that he was

driving on I-70 at the time.

32. Heidi Hemmat from Fox31 News eventually obtained a High Activity Location

Observation (HALO) video of the incident which proved that everything that I complained about

was true. After that it seemed like lAB was trying to back-peddle and cover things up.

33 . Officer Diaz retired right after the video came out. I don't think that was a coincidence

as the video clearly showed him assaulting me without cause.

34. I never learned what was the final lAB outcome, I any . As far as I am aware, Officer

Cook is still working as a Denver Police Officer and didn't receive so much as a suspension.

35. I ended up settling the civil case because I was ready to move on with my life. I regret

this decision now, because the Denver Police Department was never held accountable for the

grossly inappropriate actions of their officers.

I, Mark Ashford, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This 11 day ofJune 2012.

Mark Ashford


AFFIDAVIT OF RAVEN BLANCHARD

I, Raven Blanchard, swear that the following is true and correct to the best of my


1. My name is Raven Blanchard. I am over the age of eighteen and am otherwise


2. On March 16, 2010, I was at Denver Skate Park with my friend, Josh. We were on the

side of the skate park that had a view of the I-25 overpass.

3. Josh noticed something happening on the overpass and called me over to check it out.

4. On the overpass, there was a man on the ground and a police officer on top of him. I later

found out that the man was Mark Ashford.

5. Another police officer ran over to them and both officers began violently attacking Mr.

Ashford. It looked like he was being jumped in a street fight.

6. Mr. Ashford wasn't doing anything. He was laying still and wasn't trying to fight back at

all.

7. He had two little dogs with him and had obviously been out walking them.

8. Both officers were viciously kicking and punching Mr. Ashford. He was screaming

"stop, stop, what did I dot"

9. We were shocked by what was happening and we wanted to cross the street and help Mr.

Ashford

10. We started to cross the street when one of the officers looked at us and told us stay out of

it or the same thing would be done to us.


Affidavit of Raven B Ian chard Page 2 of3

11. I had never seen an attack like that. It was like two gangsters attacking someone, except

they were police officers. I would think that once someone was on the ground they would stop

hitting him, but they just kept going.

12. Mr. Ashford yelled his girlfriend's cell phone number out asking for someone to call her.

13 . I called Mr. Ashford' s girlfriend and told her what was happening. She was very scared

and upset.

14. By this point a small crowd had gathered across the street from the scene and was

watching what was happening.

15. A police van arrived, and a third officer got out. They picked up his dogs and put them in

the van. Mr. Ashford was picked up and put in the back of a police car. They all drove off soon

after.

16. Sometime later r appeared in court for an unrelated ticket. Mr. Ashford happened to be

there as well. I overheard him talking about his case with the prosecutor.

17. I interrupted them and told the prosecutor what happened was wrong and that there was

no way Mr. Ashford could rightfully be charged with anything. The prosecutor told me to "stay

out of it" and didn't listen to a word I had to say. She clearly wasn ' t listening to Mr. Ashford ' s

story either.

18. She said something to him to the effect of "It's your word against an officer's" and sort

oflaughed at him.

19. After the court date I spoke with Mr. Ashford a few times. He wanted me to be involved

in his lawsuit against the City of Denver as a witness.


~~~~------- -~ Affidavit of Raven Blanchard Page 3 of3

20. At some point someone from the police department left me a message and I called them

back. I was never able to get a hold of anyone and was never able to give my account ofthe

events, despite the fact that I left my name and number.

21. It's a shame that our law enforcement can attack innocent people and get away with it. It

makes me scared. It's just wrong and it needs to be changed.

I, Raven Blanchard, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and


personal knowledge.

DATED This:~ day of 12 ,2012.

Raven Blanchard


07-06-'12 11:09 FROM-WORLDMARK 9708793317 T-764 P0001/0003 F-306

. AFFIDAVIT OF MATTHEW HUBER

I, Matthew Huber, swear that the following is true and correct to the best of my .


I. My name is Matthew Huber_ I am over tbe age of twenty-ane and am otherwise

competent to testify. I make the following statements based on my personal knowledge_

2. In early June of2010, I returned to a friend's girlfriend's apartment in Downtown Denver

after having gone to a baseball game and dinner.

3_ I was sitting_ on a couch listening to music when there was a knock at the door. My friend

Ryan V anmaren got up to answer the door_ He opened the door, stepped outside and closed it

behind him_

4. Leah Gibson heard something from outside and got up to check it out. She came back

into the room and said, "Matt, come out here they're beating him!" I replied, "Who's beating

him?"

5. We both went into ·the doorway to see what was happening. Some police officers had

Ryan pushed up against the wall just outside the door with a baton held to his neck. One of the

officers said, "You want to cooperate now?" to Ryan_

6. A female officer hit him and then they slammed him down to the floor in the doorway of

the apartment. Once Ryan was on the ground the officers just started beating him. He wasn't

resisting or trying to fight them off_ One of the officers pointed aT aser at Ryan's head and

threatened him.

7. Once the Taser was pointed at Ryan's head I decided to start filming.


07-06-'12 11:09 FROM-WORLDMARK

Affidavit of Matthew Huber Page2 of3

9708793317 T-764 P0002/0003 F-306

8_ The officers h~dcuffed Ryan and lead him out into the hallway. I followed them with

my camera phone out taking a video. I was walking a safe distance behind Ryan and the

officers_ One of the officers told me to stay back. I kept a safe distance from them.

9- When I got to the entrance to the stairwell, I was suddenly shoved from behind into the

female officer in front of me. I told her, "Sorry," a~d turned around to see who hit me and why.

I 0. As soon as I turned around, multiple officers started hitting me with their batons and fists

and tackled me to the ground. I dropped my phone. I was lying face down on the ground. They

handcuffed me but continued to beat me. They kept yelling, "Stop resisting!" I responded, "I'm

not resisting, I don't know what you're talking about_"

11. I was cuffed and lying on my stomach, my phone had fallen on the ground in front of me

and an officer stomped on it trying to smash it. He then picked it up.

12. The whole time I was being beaten I could hear Leah crying.

13. The officers picked me up by my handcuffs which was extremely painful_ They dragged

me and Ryan to the police cars and took us to jail. I was charged with resisting arrest, assault on

an officer, and a charge related to supposedly going for a gun.

14. When my phone was returned to me the sim card with video was missing_

15. I filed a written complaint with Internal Affairs about the beating the officers had given

me and Ryan. I was never actually interviewed by anyone. I received one voicemail saying that

they had gotten my complaint and would investigate_

16. I'm not sure if Ryan and Leah or any of the neighbors, were ever interviewed. The whole

thing was turned around shockingly fast.

17. I got a letter from lAB saying that my case was closed. It said that the police were

completely right and I was completely wrong.

.-


07-06-'12 11:10 FROM-WORLDMARK

Affidavit of Matthew Huber Page 3 of3

9708793317

18. lAB denied knowing anything about my phone's missing·sim card.

T-764 P0003/0003 F-306

19. It seems obvious to ine that they were trying to cover it up. That's why I wasn't

interviewed and that's why they took the .evidence from my phone.

·I, Matthew Huber, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This: ' day of ~ ... I}-- , 2012.

Matt ew Huber


JUN.18.2012 2:03PM WELLS FARGO WESTMINSTER CROSSING NO. 164

AFFIDAVIT OF RYAN V ANMAREN

I, Ryan V anmaren, swear that the following is true and con:ect to the best of my

knowledge and information;

I. My name is Ryan Vanmaren. I am over the age of twenty-one and am otherwise

competent to testifY. I make the following statements based on my personal knowledge.

p' 2

2. Shortly after midnight on June 12, 2010, I answered a knock at the door. I was lying in

bed, with my girlfriend Leab Gibson, listening to music. The apartment belonged to a friend and

his girlfriend.

3. Both my friend and his girlfriend had briefly stepped out of the apartment. After hearing

the knock, I tumed off the music and looked through the peephole and saw a male officer and a

female officer.

4. I opened the door, stepped outside, and closed it behind me. Both officers immediately

started asking questions about who lived at the apartment. I responded to them by explaining

that my friend lived there and would be back shortly.

5. They then asked me, "What is your name?" I responded by asking, "Why do you need to

know my name?" The male cop then got in my face and barked, "Are you playing games with

6. I responded by saying, "No, I'm not playing games; I just want to know why you need

my name."

7. The male cop then replied, "You don't want to fuck with me. Are you fucking with me?"


JUN.18.2012 2:03PM WELLS FARGO WESTMINSTER CROSSING

Affidavit of Ryan Vanmaren Page 2 of4

NO. 164 p' 3

S. The male cop snapped and grabbed my right arm and forced it behind my back. I was

startled at the physical response and said something like, "Hey, hey, hey, what are you doing?"

as I tried to pull away. Hearing the commotion outside, my girlfriend opened the front door.

9. At this point, the male cop started using more force, and pressed his body up against

mine. The female cop then started striking me with her baton, causing all of us to fall into the

apartment.

I 0. I ended up on the floor, and the male cop pushed his knee into my chest, and started

choking me with his hands. My arms were out to the sides, and I managed to say, "Man you

don't have to do this,"

11. The female cop continued to hit me with the baton on my legs and hips.

12. My friend, Mr. Matthew Huber and my girlfriend Leah were in the hallway screaming.

13. The male cop pulled out his Taser, and pointed it at my face in an extremely threatening

manner, while looking over at Leah and saying, "You want to go to jail too?" He was clearly

implying that if she didn't stop yelling I would be tasered in the face and she would be arrested.

14. Both the cops led me out into the hallway, By this point I had been handcuffed. As I was

led out, I noticed Matt was filming what was happening to me with his cell phone. The officers

did not like this.

15. At the end of the hallway, there were three cops. One asked Matt, "Are you filming

this?" I then heard the cop yell "Stop moving, stop moving!" Suddenly, the officer who had me

threw me down to the ground, and then put his knee into my back with a lot of pressure.

16. I was on the ground, lying on my chest. I turned my head and saw that Matt was down

on the ground and three officers were on top of him. One was jabbing him in the back with a



Affidavit of Ryan Vanmaren Page 3 of4

NO. 164 P. 4

baton. One cop was on his legs and one cop was on his upper-torso. I simply could not believe

what was going on.

17. I started imploring to the cops, and said, "Please stop beating him!" The cop on top of

me told me, "Shut the fuck up" twice,

18. At this point, the neighbors came out to see what was going on. Leah was screaming and

crying. I was afraid that the cops were going to go after her so I told Leah to run and get help.

19. I was charged with several crimes but all five charges, including two felonies, were

dropped after a very long and arduous process.

20. Both Leah and Matt filed complaints with the Internal Affairs Bureau (lAB),

21. Leah made her complaint to lAB the day after the incident. We received a letter from

lAB on June 21, 20 I 0, stating that they had received it.

22. To help the investigation, I submitted a six-page report to lAB even though I truly do not

believe any real investigation took place.

23. We received a letter from lAB stating that they found no fault with the conduct of the

officers and that the incident was entirely the fault of me and the other victims. No blame was

assigned to the officers. They completely dismissed us. It wasn't a surprise; they weren't going

to incriminate their own.

24. The lAB letter stated that after reviewing ail the evidence, our case was declined. It said

the officers' statements differed from our accounts of the incident, that I was uncooperative and

that I actively resisted, At the end, it stated that a Supervisor concluded that there were no

violations of the Denver Police Department's Use afForce policy or the Colorado Revised

Statutes.



Affidavit ofRyan Vanmaren Page 4 of4

NO. 164 p' 5

25. lAB put the blame squarely on me. I don't think they ever intended to investigate the

officers even though Leah and Matt filed complaints, and I gave them a six-page supplement

detailing the egregiousness of the police officers' behavior. As far as I know, they never tried to

interview Matt or the neighbors who witnessed the officers' conduct.

26. It's hard for me to understand what it would take for lAB to pursue their officers for

misconduct. It was so clear that we were wronged. If this didn't do it, it might have to be a

wrongful death for them to take it seriously.

27. I believe I have suffered from Post-Traumatic Stress Disorder (PTSD) because of this

incident. It has been, by far, the most damaging situation I have gone through in my entire life.

I, Ryan Vanmaren, declare under penalty of perjury pursuant to 28 U.S.C. § I 746 and the


knowledge.

DATED This: / ;z day of June, 2012.

~ 12 -&. Ryan Vanmaren


AFFIDAVIT OF CLAYTON WIRE

I, Clayton Wire, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Clayton Wire. I am over the age of twenty-one and am otherwise competent

to testifY. I make the following statements based on my personal knowledge.

2. I work as an attorney at Starrs Mihm LLP, a Denver-based law firm.

3. On January 17, 2011, I witnessed an altercation between a Denver police officer and an

individual unknown to me. I have since been informed that the officer involved was Sgt. Greene

and the other individual was Jonathan Chester.

4. Prior to January 17, 2011, I had never met Mr. Chester.

5. Mr. Chester was riding his bicycle in a bike lane. He had passed Sgt. Greene, who started

yelling at Mr. Chester to stop and get offhis bike.

6. Mr. Chester complied, returned to the officer and got off his bike.

7. Mr. Chester was not being aggressive in any way.

8. Sgt. Greene grabbed Mr. Chester by his shirt and slammed him against the wall of a

building. He then pushed Mr. Chester down to the ground. The entire time Sgt. Greene was

berating Mr. Chester and swearing at him.

9. There was absolutely no reason for Sgt. Greene to use physical force against Mr. Chester.

In no way did Mr. Chester represent a threat or act threatening. At all times Mr. Chester

complied with Sgt. Greene's orders and it was obvious he wasn't trying to flee.

10. I took a video of the incident on my cell phone.


Affidavit of Clayton Wire Page 2 of2

1 L I inferred from my contact with the Internal Affairs Bureau that the victim, Mr. Chester,

had submitted an Internal Affairs complaint detailing his experience shortly after it happened.

12. An lAB investigator called me and told me that they were investigating a complaint and

that they knew I had a video of the incident. I gave them a statement over the phone and the

investigator made arrangements for me to deliver the video. This phone conversation lasted less

than five minutes. Based on the questions JAB asked, it seemed to me to be a situation where

they were just going through the motions. I did not get the impression that the investigator was

taking the matter seriously.

13. The lAB interviewer did not appear interested in learning about what I thought Sgt.

Greene had done wrong.

I4. I went to the Internal Affairs office and met with a Sergeant there. We went to the IT

Department, and they put a mini SD card in my phone and downloaded the video. The Sergeant

did not ask me questions about what I saw.

15. After they had the video, they never followed up with me regarding the status of the

investigation. They never asked me for a written statement and I never heard from lAB again.

16. I thought that there would be some disciplinary action against Sgt. Greene based on the

evidence I gave them, but I don't think anything was done.

17. Based on my interactions with lAB, I do not believe the Denver Police Departme~t took

Mr. Chester's complaint seriously.

I, Clayton Wire, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.

DATED This: ¥J1f:t day of June, 2012


AFFIDAVIT OF JONATHAN CHESTER

I, Jonathan Chester, swear that the following is true and correct to the best of my


1. My name is Jonathan Chester. I am over the age of twenty-one and am

otherwise competent to testify. I make the following statements based on my

personal knowledge.

2. On January 17, 2011, I was .riding my bike in the designated biking lane on

Champa Street in downtown Denver. Champa is a one way going southwest

and I was moving with traffic in the proper direction while obeying all traffic

laws.

3. Sergeant Walter Green was directing traffic near the intersection of 16th Street

and Champa. He did not look my way and directed a vehicle into my path,

which forced me to stop very suddenly.

4. I threw my hands in the air and said, "I could've been killed."

5. As I was riding past him he told me to stop and I did.

6. He aggressively and violently pushed me into the window of the Chili's

restaurant on the corner of 16th Street and Champa, causing me to fall and land

roughly on the concrete. I scraped my elbow in the fall and it started bleeding.

7. He did not move me by lifting my bike while I was sitting on it. It was a

violent and excessive push.

8. I was not acting in an aggressive manner and nothing I did could have been

taken as an act of aggression.

9. Around six people saw what happened to me. Sergeant Green began writing

me a citation for Bicycles to Obey Traffic Laws and I argued with him while

he wrote it because I had the right of way and obeyed the traffic laws.

10. I recorded a portion of that conversation on my phone. I gave that audio

recording to Internal Affairs. A man across the street also recorded a portion

of the incident on his cell phone.


11. I was so upset by how the officer treated me that I biked over to the Denver

Police Department immediately after the incident to file a formal complaint.

12. The female investigator interviewed me and took photos of me and my injury.

She simply wanted to get my side of the story during this interview. I inquired

about the HALO video twice during this interview. She initially said there was

no HALO camera at that location~ but later said the footage would not be

available to me.

13. The investigator conducted a follow-up phone interview around 10 days later,

during which I was told the HALO footage would be available for me to view

6 months after the investigation was complete.

14. This follow-up interview was different from the first. She was trying to trap

me into agreeing to things I did not say in my initial statement. She would

change my story slightly and ask me questions with these changes in attempts

to catch me in a lie. An example of these types of questions is, "So when the

officer told you to stop and you didn't. .. " at which point I corrected her.

15. I became uncomfortable with the way she was interviewing me and asked if

the call was being recorded. She admitted it was being recorded. I asked if that

was legal, to record a conversation without someone's knowledge, and she

explained that it was legal in Colorado as long as the person recording the

conversation is involved in it. /

16. I told her I would like to conduct the interview in person and she was

welcome to record it then. She told me that that was not necessary and the

interview ended.

17. The investigation took about 6 months to complete, at which point I received a

letter saying it was complete. I w~s never informed of the result of the

investigation. I was never informed if any disciplinary action was taken

against Sergeant Greene.

18. I was not allowed to view the HALO footage, even after the 6-month period

the investigator told me I had to wait.


19. Internal Affairs did not take the investigation seriously. The second interview

revealed how biased they were being. My complaint was all a big hassle to

them. It was an inconvenience and they did not want to investigate the matter.

I, Jonathan Chester, declare under penalty of perjury pursuant to 28 U.S.C. § 1746

and the laws of the United States of America that the preceding is true and correct, based

on my personal knowledge.

DATED This: 4 of June, 2012.

Jon a than Chester


AFFIDAVIT OF CH Rl STINE GRECO

I, Christine Greco, swear that the following is true and correct to the best of my knowledge

and information:

1. My name is Christine Greco. I am over the age of twenty-one and am otherwise competent


2. On or around August 1, 2009, I was attending a Phish concert at Red Rocks. I went with my

friends, Ben Orron and Nick Glidden-Doyle. We arrived at the parking lot early in the afternoon.

3. I often vend at concerts, though I wasn't planning on vending that day. Still, I had a small

case of meditation crystals with me.

4. I was showing the meditation crystals to a friend. I had the case open on the hood my

friend's car. A nearby police officer told me to close the case. I complied and told him I wasn't

vending.

5. As I was walking back to my car, talking on the phone and holding the closed case, a police

officer grabbed my left wrist from behind very violently. I dropped my phone, and the officer

pulled my arm up above my head. With his other hand, he grabbed me by the neck and threw me

toward the ground. I asked "What did I do wrong?" The officer told me if he saw me in the parking

lot again I'd be arrested for vending. He then released me and walked away.

6. I felt extremely violated. I told my friends what happened and they told me to get the

officer's card.

7. We found the officer, who was sitting in his car. I asked the officer, "Can I have your

information? I just got into a car accident and you really hurt my neck .. ~' The Officer replied, "Oh,

you just got into a car accident?" Then he swung the car door open hitting me with it. The officer

- ---- - - - - ---


· Affidavit of Christina Greco Page 2 of3

grabbed me by my arms threw me up against the car. I was cuffed and thrown in the back of the

police car.

8. I was not being aggressive or in any way threatening. There was no reason to have thrown

me to the ground or arrest me when I asked for his name and badge nUinber.

9. I was charged with disobedience and interference. The charges were dropped.

10. The night of the incident, Mr. Orron and Mr. Glidden-Doyle flied a complaint with the

Denver Police Department. About a week later someone from the Citizen Oversight Board

("COB") called me. She asked me if I was interested in mediation. Suddenly she said that there

was a "red flag" in my file and because the complaint said I was hurt by an officer, it would have to

be investigated by a commanding officer.

11. After that, no one called or tried to interview me.

12. I got a letter about a week after I had talked to COB. It was a letter from lAB stating that the

case was closed. It listed several reasons stating that the whole incident was my fault and that the

officers involved did nothing wrong. It said that the officer had tried to get my attention so it was

ok to take me down, that I incited a riot, and the officer had judged me to be uninjured at the scene.

13. The entire investigation took about three weeks. There were dozens of witnesses and

several people took camera phone videos of the arrest. I am not aware of any interviews that lAB

conducted. lAB didn't even interview Mr. Glidden-Doyle who had directly seen both incidents.

14. Even when Mr. Glidden-Doyle and Mr. Orron filed the complaint they were just given

paperwork. No one with the police department asked them any questions.

15. Clearly, lAB never wanted to take our complaint seriously. They took the officers' word

regarding the incident and that's where the investigation stopped. It was obvious that they were

looking out for their own. They didn't care what the officers did to us and never intended to do

anything about it.

.. ~· . ' '·!


Affidavit of Christina Greco Page 3 of3

I, Christine Greco, declare under penalty of perjury pursuant to.28 U.S.C. § 1746 and the . ~

laws of the United States of America that the preceding is true and co~ct, based on my personal

knowledge.

DATED This: cf June, 2012.

Christine Greco

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AFFIDAVIT OF ERIK ANDERSON

I, Erik Anderson, swear that the following is true and correct to the best of my knowledge

and information:

I. My name is Erik Anderson. I am over the age of twenty-one and am otherwise


2. In 2011 , I was out celebrating in Downtown Denver.

3. We started the night at Gin Mill and then we went to the Falling Rock Tap House. I had

seven or eight drinks over the course of about nine hours .

4. My friends entered the bar, but the bouncer refused to let me in.

5. I walked away from the door and called a taxi to take me home.

6. My girlfriend and the rest of my group were in the bar. I walked up to a window so I

could get their attention and let them know that I was leaving.

7. The bouncer came up to me and told me to get away from the window. He then pushed

me and I fell down a small set of stairs.

8. Two Denver Police officers noticed this and approached me. They told me I was

trespassing and put my hands behind my back and handcuffed me.

9. One of the officers pushed me from behind. I fell face first into a rock wall. I hit the

wall so hard that I lost somewhere between seven and eight square inches of skin on my

forehead.

10. I was not being aggressive or resisting. I did what the officers told me to do.

11. The police charged me with trespassing and took me to the hospital and then jail. I was

released the next day.


Affidavit of Erik Anderson Page 2 of2

12. I am still in debt from the medical bills I incurred that night.

13. I filed a complaint with Internal Affairs. I was extremely offended that I was going to be

charged so much money after being assaulted. I felt that Denver or the Officers should be

responsible for the debt as they were responsible for the incident. I also believed that the

Officers should not be able to use so much force or be so rude to people.

14. Internal Affairs responded with a letter saying that I couldn ' t file a complaint for

monetary reasons. No one even called me. I was not taken seriously at all.

15 . I now live in Salt Lake City, Utah. I'm apprehensive about returning to Denver because

of the way Denver Police have treated me and continue to treat others. They are overly

aggressive; they abuse their power and do not respect your rights.

16. I always give Police Officers due respect. It is a respectable position, but the respect is

rarely returned. I feel like I was treated like an animal or a second class citizen. I' ve never had

these problems with police officers in other cities.

I, Erik Anderson, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the


knowledge.


06/22/2012 FRI 9: 59 FAX 3036657945 ROTH MEDICAL

AFFIDAVIT OF JESSICA WORLEY

I, Jessica Worley, swear that the following is true and correct to the best of my


I. My name is Jessica Worley. I am over the age of twenty-one and am otherwise


2. On October 18, 2008, I was at Elitch Gardens Theme Park with my husband, Charles

Worley. We were resting on a large bench that was also being used by a group of teenage

Hispanic boys.

3. One of the teenagers made a snorting noise at a police officer who was passing by.

ldlo o 11 o o 3

4. The police officer became furious and attacked one of the boys in the group. The officer

put his hands around the boy's neck, pushed him down into a planter, and began choking him out

while screaming at him.

5. The boy didn't resist or do anything aggressive. His friends were scared and they all

stayed back.

6. I was so concerned for the boy's safety that I stood up and shouted for the officer to stop.

Charles began filming the incident on his cell phone but an Elitch Garden's security guard

blocked him from doing so.

7. Another police officer arrived on the scene and separated the group of boys from the

officer.



Affidavit of Jessica Worley Page 2 of3

ldi002/003

8. Both of my parents are in law enforcement so I understand that sometimes police officers

need to use force. But this officer's behavior was way over the top. The officer never should

have used force in the first place because the boy did nothing to warrant it.

9. I was so appalled by the officer's behavior that I filed a complaint with both Blitch

Gardens and the Internal Affairs Bureau within a week of the incident.

10. After I made the complaint I was called by an investigator at lAB. It was a very short

interview. I remember that the investigator was not very concerned.

11. I believe racism was a driving factor in how aggressively the officer treated the boy. I

expressed this to Internal Affairs and the investigator told me racism couldn't have played a role

because the officer in question had a Hispanic wife. I thought that was terrible and it and it

showed his bias and ignorance.

12. I received a phone call from Internal Affairs a couple of months after I filed the

complaint. I was told they found that the officer did nothing wrong. I was shocked and upset by

their conclusion because there is no doubt in my mind that the officer assaulted the boy.

13. The Internal Affairs investigation was not thorough and completely unfair. The officer

would have been found guilty had the investigation been unbiased and had the investigator

looked into the matter thoroughly like he was supposed to.

14. The entire incident and investigation upset me deeply. It was wrong that the officer

became so angry and used force where it wasn't warranted, that he used such an extreme level of

force, and that the investigation was so biased in favor of him. I'm really glad that we stood up

for the boy; a lot of other people just ran away and we can't let this kind of behavior from our

police officers stand.



Affidavit ofJessica Worley Page 3 of3

I, Jessica Worley, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 and the

ldi003/003


knowledge.

DATED This: '7-2- day ofJune, 2012.


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