Cities share protester files

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Cities share protester files

Cities share protester files

Police departments call practice proactive

By Sean Kelly
Denver Post Staff Writer

Wednesday, March 13, 2002 - Most major police departments across the country keep and share intelligence files on political protesters, officials said Tuesday, a day after Denver police came under fire for their own record-keeping.

The American Civil Liberties Union and a multitude of political activists attacked Denver police Monday for keeping such files on protest groups. But other departments, including some in Colorado, keep similar records.

"Every police department does to a certain extent," Aurora police spokesman Rudy Herrera said. "Our people try to concentrate on the more radical groups."

On Monday, the ACLU produced copies of two files from Denver police records. Those files document the activities of protesters at recent demonstrations by groups such as Amnesty International and the American Friends Service Committee, which was labeled "criminal extremist" by police.

ACLU legal director Mark Silverstein demanded the city halt the practice or face a lawsuit. So far, Silverstein said, he hasn't heard back.

"I have no idea of the scope of their database or filing system. I've only had the teeniest peek at what kind of files the police department is keeping," Silverstein said. "From this little peek, it's very alarming, and Denver police have no legitimate reason to be keeping files like this."

Activists on both ends of the political spectrum said they felt threatened by the practice.

"Many people support us but refuse to go to demonstrations because they don't want to end up on lists," said Alan Glenski, a member of the Second Amendment-defending Tyranny Response Team. "We are ending up on lists. It's obvious. It's proven now."

Intelligence-gathering of this sort needs to have clear justification, said Mark Pogrebin, director of the graduate program in criminal justice at the University of Colorado at Denver. Thus far, Pogrebin said, he hasn't heard any.

"It's frightening. It reminds me of the McCarthy era," Pogrebin said. "I can't see why they'd keep tabs on these groups.

"It's incumbent upon Mayor (Wellington) Webb to put a stop to it."

Webb on Monday called for a review of police policy. However no timetable has been set.

The practice of keeping files on protest groups appears widespread. Aurora police said they compile information, but it's limited by federal regulations because the department receives federal grant money for its intelligence-gathering. Any files that do not turn up criminal offenses are purged from the system within five years.

"We're not necessarily out there watching them. We're out there protecting everyone," said Sgt. Chris Ehalt, head of Aurora's intelligence division. "If you want to be in a public forum, if you want to draw attention, why be afraid of people knowing who you are?"

Ehalt said protests over racial profiling at a local electronics store last fall were calmed because police knew who was involved and could protect both sides.

Boulder police are permitted to gather "information which establishes suspicion of criminal activity or the potential for criminal activity," according to a police directive. The groups include hate groups, subversive groups, those with ties to criminal activity, dangerous people and gangs.

In Colorado Springs, police may gather intelligence on any group tied to "criminal activity or a perceived threat against the department or community," said Lt. Skip Arms.

Nationally, several large cities freely admit they keep intelligence files on protesters but would not provide detailed information. Salt Lake City officials said their files helped them prevent any violent protests at the Winter Olympics last month.

"It's no big secret. It's important for police departments to gather information about these groups. Some are peaceful, some aren't," said Salt Lake police Sgt. Fred Louis. "Most of your large cities do have intelligence units with people assigned to gather information on demonstration groups."

Likewise, Los Angeles police credit their intelligence records with helping them cool tensions at the 2000 Democratic National Convention.

"I can imagine one of these individuals could feel threatened, but it's simply police being proactive. It's only prudent police work," said LAPD spokesman Jack Richter. "I'm sure you won't find any city that doesn't take this stance."

Richter said Los Angeles was determined to avoid the kind of protests that rocked Seattle during the 1999 World Trade Organization conference.

A city ordinance prohibits Seattle police from collecting such information, a law police tried to change after the WTO violence.

Denver City Councilman Ed Thomas said he approves of the police department's use of the intelligence files and would oppose an ordinance similar to Seattle's current prohibition. In a post-Sept. 11 world, he said, police must do even more intelligence-gathering.

"One man's terrorist is another man's activist," Thomas said.

On Monday, former Denver police chiefs David Michaud and Tom Sanchez said they were unaware of similar files kept during their tenures.

"Horsefeathers," responded Thomas, a former police detective. "This kind of intelligence-gathering has gone on since Cain slew Abel, so to speak."

Denver Post staff writer John Ingold contributed to this report.