POLICE REJECT ACTIVIST'S REQUEST FOR PEEK AT 'SPY FILE'

Keith Evan Rude figures he's made it into the Denver Police
Department "spy files" as an outspoken proponent of legalized
marijuana and access for the disabled.

He wanted to know what information has been gathered on him and who
has seen it, so he demanded a copy.

Rude, 42, the first individual to file a public-records request with
Denver police regarding the files, received a denial letter Tuesday.
The letter stated "disclosure of the files would be contrary to the
public interest" and cited an exemption in the public-records law
that allows police to withhold files compiled "for any law
enforcement purpose."

The letter failed to mention that Mayor Wellington Webb and police
officials have conceded that at least some of the files violated
department policies. The letter said nothing of a proposed review
system that could allow the department to notify Rude, if an
independent auditor determines there is a file on him that was
collected inappropriately.

The review process is still being worked out. Webb has not said whom
he plans to appoint as the auditor. No decision has been made on
whether anyone will get to see any of the information collected on
them. Last week, the American Civil Liberties Union accused the
department of unfairly and illegally gathering information on
activists involved in peaceful protests.

The city has said there are more than 3,200 files on individuals and
200 on groups.

Rude suspects he is included because he has given public speeches as
a member of the Boulder Hemp Initiative, including one on the steps
of the Capitol. He has been arrested for civil disobedience in other
states in protests involving ADAPT, American Disabled for Attendant
Programs Today.

Rude, who lives in Longmont, is concerned that Denver police have
shared his file with Boulder social-service workers, harming his
position in a protracted battle involving the care and custody of his
teen-age daughter.

"I have long believed that what has happened with my family has been
orchestrated. I thought this would be an opportunity to get some
proof," he said.

Rude is not satisfied with the city's plan to audit the records.

"I consider it an invasion of my privacy that some independent
reviewer gets to go through my file and I'm denied access to it," he
said.

The ACLU has demanded that the department allow access to everyone on
the list. Legal Director Mark Silverstein said Tuesday his office has
been flooded with calls and e-mails from people who want to know how
they can find out what information has been collected about them.

Police Chief Gerry Whitman said his department has drafted a more
informative response to records requests but is awaiting final word
from the mayor's office on what the disclosure process will be.

Whitman, who was out of town on business last week, said Tuesday he
understands the public's concerns about the information, but said not
all the 3,400 files were kept under the auspices of criminal
intelligence.

News4 reported Tuesday that not all the files involve activists.
Several dozen involve citizens who have sought concealed-records
permits; about 250 concern Denver Public Schools students who were
acting suspiciously after the Columbine killings; and roughly 600 are
the names of bikers affiliated with motorcycle gangs. Another 300 or
so are individuals who have violated state or federal law.

Whitman met Tuesday afternoon with captains and chiefs to discuss the
controversy and review a resolution passed Monday by the City Council
that prohibits police from spying on people based on race, religion
or social views.

Webb called on the department Tuesday to incorporate those principles
in the Denver Police Department policy manual by the end of the day.

Whitman said his department will comply with the resolution and with
a more clearly written policy about intelligence gathering, but said
police will continue to do their jobs.

"I made it really clear that we are going to continue to collect
legitimate, criminal intelligence information," Whitman said.