University Police Department Office of the Chief of Police th 12454 E.

19 Place MS F409 Building 407 Aurora, Colorado 80045 o m f 303 724 0230 303 724 2000 303 724 0718

www.ucdenver.edu/police

November 21, 2012 Dear Records Requestor: Your open records request specifically identifies criminal justice records that are kept and maintained by the University of Colorado Denver Police Department regarding former student James Holmes. Your request involves documents that constitute criminal justice records. Criminal justice records include but are limited to the following: a. Records of encounters between CU police and Holmes, b. Communications created by CU police re: Holmes, c. Search warrants served on CU or used to search CU property , d. Communications between CU police employees and Aurora PD or the FBI, regarding Holmes, e. Campus police reports, dispatch records, complaints, logs regarding Holmes, f. CU police correspondence regarding Holmes, g. CU issued cell phone records of members of CU police, h. Investigative/police/intelligence reports/records regarding Holmes, i. Building access/control records for Holmes. As the Chief, I am the custodian of these records. In addition to the Courts order of July 20, 2012, which precludes disclosure of any search warrants, pursuant to 24-72-205(5), C.R.S., I believe that disclosure of any of the records above, with the exception of the building access/control records for Holmes, would be contrary to the public interest and I am denying your request. In making this determination I have considered the following factors: [T]he privacy interests of individuals who may be impacted by a decision to allow inspection; the agency's interest in keeping confidential information confidential; the agency's interest in pursuing ongoing investigations without compromising them; the public purpose to be served in allowing inspection; and any other pertinent consideration relevant to the circumstances of the particular request. Freedom Colorado Info., Inc. v. El Paso County Sheriff's Dept., 196 P.3d 892, 899 (Colo. 2008). As a general matter, I consider police reports, investigative and intelligence files, and our communications to be essential to my ongoing responsibility to provide police services to the Anschutz Medical Campus and to protect the safety of students and employees on our

campus. Maintaining the confidentiality of these files is critical to preserve evidence for criminal prosecution, maintain the safety of the campus community, investigate current cases, and to investigate possible threats to the campus. In this situation, that ongoing need is mitigated by the fact that Mr. Holmes is in custody. However, paramount at this point, is safeguarding the integrity of the ongoing criminal case. Disclosure of these criminal justice records regarding Mr. Holmes poses a substantial probability of harm to the fairness of the trial of Mr. Holmes, the ongoing criminal investigation, and law enforcements ongoing need to contact witnesses and victims unfettered by possible intrusion by the media or the public. The investigation of the hundreds of charges against Mr. Holmes continues and disclosure of these criminal justice records at this time may interfere with the criminal justice process. As supported by the District Attorney in a recent motion, The release of such records would be prejudicial to the administration of justice. Peoples Second Motion Regarding Public Access to University of Colorado Records. Although the publics interest in knowing what the University of Colorado Denver Police Department knew about Mr. Holmes is substantial, it does not outweigh the need to ensure the fairness of the trial of Mr. Holmes, at this time. As any request is resubmitted, I will reassess the situation on a case by case basis. As to the access/control records for Holmes, I recognize that any safety/security interest in maintaining these records is mitigated by Holmes incarceration. Also, disclosure of when Holmes accessed a building does not threaten or hamper the ongoing criminal justice process. I am granting the request to release these records.
UNIVERSITY OF COLORADO DENVER POLICE DEPARTMENT

Doug Abraham, Chief of Police