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Marvin Booker Motion for Order Authorizing Disclosure to the FBI

Marvin Booker Motion for Order Authorizing Disclosure to the FBI

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Published by Michael_Lee_Roberts

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Published by: Michael_Lee_Roberts on Feb 22, 2013
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10/09/2013

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 
Civil Action No. 11-cv-00645-RBJ-KMTESTATE OF MARVIN L. BOOKER,REVEREND B.R. BOOKER, SR., andROXEY A. WALTON, as Co-Personal Representatives,Plaintiffs,v.CITY AND COUNTY OF DENVER;DEPUTY FAUN GOMEZ, individually and in her official capacity;DEPUTY JAMES GRIMES, individually and in his official capacity;DEPUTY KYLE SHARP, individually and in his official capacity;DEPUTY KENNETH ROBINETTE, individually and in his official capacity; andSERGEANT CARRIE RODRIGUEZ, individually and in her official capacity,DENVER HEALTH AND HOSPITAL AUTHORITY d/b/a DENVER HEALTH MEDICALCENTER;GAIL GEORGE, R.N., individually and in her official capacity; andSUSAN CRYER, R.N., individually and in her official capacity;Defendants. ____________________________________________________________________
PLAINTIFFS’ OPPOSED MOTION FOR COURT ORDER AUTHORIZING DISCLOSURE OF EVIDENCE REQUESTED BY THE FEDERAL BUREAU OF INVESTIGATIONS AND THE UNITED STATES DEPARTMENT OF JUSTICE 
 ____________________________________________________________________Plaintiffs, by and through their attorneys Darold W. Killmer, Mari Newman, andLauren L. Fontana of K 
ILLMER
,
 
L
ANE
&
 
N
EWMAN
, LLP, hereby move this Court for anOrder authorizing them to provide information designated as “Confidential” under theProtective Order entered in this case [Doc. No. 47] to the Federal Bureau of Investigation and to the United States Department of Justice. In support thereof,Plaintiffs state as follows:
Case 1:11-cv-00645-RBJ-KMT Document 196 Filed 02/20/13 USDC Colorado Page 1 of 5
 
 
21. Counsel for the Booker family has been contacted by agents of theFederal Bureau of Investigation. These agents are investigating the death of MarvinBooker, on behalf of the FBI and the United States Department of Justice. They arecurrently seeking access to documents and testimony in the present case as part of their federal investigation into the Denver Sheriff’s Department related to the killing of Marvin Booker.2. Counsel for the Booker family has information relevant to this federalinvestigation and responsive to their requests, much of which information has beendesignated by Defendants City of Denver and the jail guards as “Confidential” under theProtective Order entered by this Court on November 4, 2011 [Doc. No. 47].3. Counsel for the Bookers has requested that Denver voluntarily allow suchinformation and testimony to be given to the FBI and the Department of Justice.Denver and the jail guards and their lawyers have refused this request.4. The Booker family is frustrated by Denver’s refusal to allow the federalinvestigative authorities to review this crucial evidence. The family requests that theCourt issue an Order authorizing them to provide the evidence to the FBI and theDepartment of Justice.5. This Court is explicitly authorized to issue such an Order. The ProtectiveOrder in this case, at Paragraph 14, provides as follows:14. Individuals authorized to review CONFIDENTIAL Informationpursuant to this Protective Order including, but not limited to, theParties to this action and their undersigned counsel, shall holdCONFIDENTIAL Information in confidence and shall not divulge theCONFIDENTIAL Information, either verbally or in writing, to anyother person, entity or government agency
unless authorized to doso by court order 
. (Emphasis added).
Case 1:11-cv-00645-RBJ-KMT Document 196 Filed 02/20/13 USDC Colorado Page 2 of 5
 
 
36. This Motion seeks an Order from the Court authorizing disclosure to thefederal law enforcement agency investigating the facts and circumstances attendant tothe killing of Marvin Booker. Such an Order would serve the Booker family’s interests,as they have called for an investigation consistently for the nearly three years since Mr.Booker’s killing. Such an Order would also serve the public interest, as significantcomponents of the Denver and Colorado communities have long sought federalinvestigation into the circumstances of Mr. Booker’s death, and the reasons that nothinghas ever been done about it.
Certification Pursuant to D.C.Colo.LCiv.R 7.1
7. Counsel for Plaintiffs, Darold W. Killmer, certifies that he conferred with Tom Rice, counsel for the Law Enforcement Defendants, who opposes the relief soughtby this motion.
WHEREFORE 
, Plaintiffs respectfully request that this Court issue an Orderauthorizing counsel for Plaintiffs to provide documents and testimonial transcripts to theFBI and the U.S. Department of Justice pursuant to their request for such information.DATED this 20
th
day of February 2013.
ILLMER
,
 
L
ANE
&
 
N
EWMAN
,
 
LLP
s/ Darold W. Killmer 
 ________________________Darold W. KilmerMari NewmanLauren L. Fontana
ILLMER
,
 
L
ANE
&
 
N
EWMAN
,
 
LLP1543 Champa Street, Suite 400Denver, Colorado 80202Phone: (303) 571-1000Facsimile: (303) 571-1001A
 TTORNEYS FOR
P
LAINTIFF
 
Case 1:11-cv-00645-RBJ-KMT Document 196 Filed 02/20/13 USDC Colorado Page 3 of 5

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