Flase Colorado Police Report

Pueblo Colorado Police Report

A Query:

Date: Monday, July 30, 2007 1:55 PM

From: Charles Barnum <jcnreno@charter.net>

To: clerk@pueblo.us, policedept@pueblo.us, cityadmin@pueblo.us

Cc: jcnreno@charter.net, tellit@chieftain.com

Subject: False Police report, Pueblo Colorado

Size: 2 KB

Dear City Clerk, Pueblo Colorado,

RE: False Police report in Pueblo Colorado

On 25 July 2007 I believe that a false police report was made to the Pueblo Police Department. I believe this was done to harass me. I did receive a

telephone call from a detective. I live in Sparks, NV so I’m at a disadvantage.

<snip>

How can I obtain a copy of a police report?

Your help is greatly appreciated.

Thank you,

Charles Barnum

Copy: Pueblo Colorado Police Department.

Copy: Pueblo City Attorney via the City Council

Copy: Pueblo Chieftain Newspaper (end of email)

City Ordnance False Reporting:

Sec. 11-1-504 False reporting

City of Pueblo

Sec. 11-1-504. False reporting.

(a) It shall be unlawful for any person to knowingly:

(1) Make or cause to be made a false alarm of a fire or other emergency; or

(2) Make or cause to be made a false, misleading or unfounded report to the Police Department concerning the commission or alleged commission by another person of any offense or violation of any City ordinance; or

(3) Give false or misleading information to an officer or employee of the City when such officer or employee is acting in his or her official capacity and the information (i) relates to a matter within the official concern of the officer or employee and (ii) materially interferes with the discharge of such officer's or employee's official duty.

(b) False reporting is a Class 1 municipal offense.

Colorado County Ordnances, (not to be confused with Colorado city or Pueblo City)

STATUTORY REFERENCES FOR COLORADO COUNTIES

The statutory references direct the code user to those portions of the state statutes that are applicable to counties. This reference list is up-to-date through July, 2000. As the statutes are revised, these references will be updated by Book Publishing Company.

Findings:

I could find no COUNTY ordnances regarding false reporting.

State of Colorado Ordnances:

I could find no ordnances regarding false police reports in the state ordnances.

It would take an attorney familiar with State laws to find such ordnances.

========

Update: 12:58 PM July 30, 2007. I have been informed by the City of Pueblo Colorado that they did not participate in the report or subsequent action of the Police Report by KM. They said that was the Pueblo County Sheriff's Office. Since that department does not have an email address, I wrote a letter asking for a copy of the Police Report to determine if any false statements were made by KM regarding myself. Since these are generally considered Public records, I will publish the SHERIFF'S Report in full on this web site. Charles Barnum July 30, 2007

Kirk M. Taylor, Pueblo County Sheriff

Main Office

909 Court Street

Pueblo, CO 81003

719.583.6125

The Freedom of Information Center http://foi.missouri.edu/openrecseries/co/010705examfreedom.html

Examining the Freedom of Information Act in Colorado

By The Daily Times-Call, LongmontFYI

January 7, 2005

The Colorado Statute

By The Colorado Press Association

"It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times.

" -- Colorado Revised Statutes 24-72-201.

What are public records?

All writings made, maintained, or kept by the state or any agency, institution or political subdivision for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. Police and court records are found in the Criminal Justice Records Act. "Writings" includes photographs, tapes, recordings, digitally-stored data, including electronic mail and other documentary materials, in addition to books, papers and maps, but does not include computer software. <snip>

In Colorado, the AP and Colorado Press Association tested the Colorado Open Records Act. http://www.ap.org/FOI/public.html

Colorado's public records law is fairly simple. With some exceptions for personnel or proprietary commercial information, the public is entitled to see any record -- on paper or otherwise -- made, maintained or kept by any public entity for use in carrying out its duties or involving the receipt or spending of public money.

Yet the way Colorado local government agencies handle public records requests varies sharply, according to a statewide survey conducted by 23 newspaper members of The Associated Press and Colorado Press Association over the summer.

The results show that obtaining records can be an intimidating and disheartening process for members of the public, said Ed Otte, executive director of the CPA.

"Although this project was organized by the Colorado Press Association and The Associated Press, the intent was to show how easy or difficult it is for the public to access public records," Otte said. "In some situations where there are obstacles to getting copies of records, or the fees seem unusually high, that can serve as a deterrent."

The survey included requests for records in 21 counties from the Western Slope to the eastern Plains. It covered municipal and county agencies, school districts and special districts. To request the records over two days in June, newspapers recruited members of the public, interns and reporters who identified themselves when asked.

Letter to Colorado Sheriff's Office: Request for Police report.

Label/Receipt Number: 7006 2760 0003 5634 1408

Status: Delivered: Item was delivered at 12:43 PM on Friday, August 3, 2007 in PUEBLO, CO 81003.