ICE agent coerced by boss in Beauprez case, lawyers say

By Sara Burnett, Rocky Mountain News, January 14, 2008

Immigration and Customs Enforcement Agent Cory Voorhis was coerced into telling his boss that he improperly accessed information about an illegal immigrant that was later used by Bob Beauprez's gubernatorial campaign, his attorneys argued before a packed federal courtroom today.

Voorhis' lawyers say any statements the agent made — as well as all evidence seized from his computers or paperwork — should be thrown out because the questioning was improper.

Voorhis is charged with three counts of illegally accessing a government computer, a crime that carries a maximum penalty of three years in prison, a $300,000 fine or both.

Prosecutors say Voorhis used the National Crime Information Center database — intended for law enforcement purposes only — to access information about an illegal immigrant who got a plea deal from then-Denver District Attorney Bill Ritter.

Information about the man was then used in an ad by Beauprez, a Republican, in his race against Ritter, a Democrat, which claimed Ritter gave deals to illegal immigrants.

An investigation was launched in October 2006.

In court today, Jeff Copp, the special agent in charge of the Denver ICE office, testified that he received a call from the director of the Colorado Bureau of Investigation that month, asking him to question Voorhis about why he accessed the database.

Copp said he didn't believe Voorhis had done anything wrong. He was surprised when the agent came into his office and said he had retained a lawyer, who had advised him not to answer questions.

Copp said he told Voorhis to leave his office.

Asked by a prosecutor whether he was angry, Copp said he was "taken aback."

"I told him to get the hell out," he said.

Seconds later, Voorhis returned to his office and Copp asked him again why he accessed the information. Voorhis then told him that he had received an anonymous tip and was looking into whether he could open a case on the [illegal alien] immigrant, Copp said.

In court documents, Voorhis' attorneys say any questioning should have stopped after the agent told Copp he had been advised by his lawyer not to incriminate himself. Attorney William Taylor also said Voorhis felt threatened, that he may lose his job or be punished if he didn't answer....

Also today, former Department of Homeland Security investigator Michael Riebau, spokesman for the legal defense fund, questioned whether the prosecution could damage the chances of convictions in cases that Voorhis has investigated.

Among them is a case against Pedro Castorena-Ibarra, who is accused of leading one of the largest fake document rings in the country....

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