Crime database charge backed

A federal agent was charged and not others because of his motives, court filings say

By Karen E. Crummy, The Denver Post
December 18, 2007

A special agent charged with illegally accessing a restricted database did so for political purposes, which distinguishes him from two others who did the same thing but are not being charged, according to court papers filed Monday by federal prosecutors.

"The citizens of this country have a right to expect and demand that the awesome powers of federal law enforcement agencies not be used to further partisan political agendas," wrote special Assistant U.S. Attorney James C. Anderson in court papers filed Monday.

Immigration agent Cory Voorhis faces three misdemeanor counts for obtaining information about the identity of an illegal immigrant from the National Crime Information Center database and giving it to Republican Bob Beauprez's 2006 gubernatorial campaign. Beauprez used the information in a series of ads questioning plea agreements Bill Ritter's office made with illegal immigrants when he was Denver's district attorney.

Although Voorhis' attorneys argued that their client was being singled out for prosecution because both the Denver DA's office and a friend of a Texas investigator tapped into NCIC to retrieve identical information, federal prosecutors said those instances were different.

Neither the Texas investigator nor his friend, who is being investigated by Texas authorities, was a federal law enforcement official.

Additionally, the Denver DA's office was a "far different" situation because access was necessary to respond to news media inquiries about the Beauprez ads.

"It appears this query was done to determine if there were outstanding legal concerns, such as a probation violation regarding this defendant and also to verify the accuracy and source of the information contained in the advertisement," Anderson wrote.

He points to a document titled "Setting the Record Straight" posted on the DA's website, which "details the reasons and time frame when the office accessed" the information...

Prosecutors also alleged Voorhis had a joint meeting with Beauprez campaign manager John Marshall and Alan Philp, head of The Trailhead Group, a Republican political organization. So-called 527 groups such as Trailhead are barred from coordinating with candidate campaigns.

Philp, who said he has never been questioned by federal investigators, said prosecutors are wrong about the details of that meeting and "to my knowledge John Marshall never set foot in the Trailhead office."...

One question that has remained unanswered is whether anyone in the Denver DA's office told the Ritter campaign about the NCIC information. DA communications director Lynn Kimbrough has said she believes she told someone at Ritter's campaign. Ritter spokesman Evan Dreyer denies that.

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