DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: Boulder County Justice Center 1777 Sixth Street Boulder,

Colorado 80302 Court Phone: (303) 441-3750 Plaintiffs: CHARLIE BRENNAN, an individual; and REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, an unincorporated association v. Defendant: STANLEY L. GARNETT, in his official capacity as the District Attorney for the Twentieth Judicial District Attorney Name: Sean P. Finn, Reg. #34455 Chief Trial Deputy Boulder Justice Center 1777 Sixth Street Boulder, CO 80302 Attorney Phone: (303) 441-3787 Attorney Fax: (303) 441-4703 Attorney E-mail: sefinn@bouldercounty.org

COURT USE ONLY

Case No: 13CV31393 Division:

RESPONSE TO ORDER TO SHOW CAUSE / MOTION FOR LEAVE TO FILE UNDER SEAL

Sean P. Finn, Chief Trial Deputy/Custodian of Records for the Office of the District Attorney for the Twentieth Judicial District, and on behalf of Stanley L. Garnett, District Attorney for the Twentieth Judicial District, respectfully submits this Response to Order to Show Cause and Motion for Leave to File Under Seal, and states as follows: The People are in receipt of the courts Order to Show Cause dated October 17, 2013. At this time the People have no arguments in addition to those presented in our briefs and in oral argument before the court on October 11, 2013. Every prosecutor in Colorado is naturally concerned with abiding by the well-established rules of grand jury secrecy. Those rules apply in every grand jury proceeding and exist to protect the grand jury process regardless of the individual investigation involved. Moreover, the violation of those rules can have criminal consequences, and can be punished as contempt of court. In this case, the Office of the District Attorney has not refused to release the requested materials as an exercise of discretionary authority pursuant to 24-72-305, C.R.S. Rather, our refusal focused on our concerns related to the legality of such a disclosure, particularly where an

individual may have been accused but never formally charged. That concern seems particularly relevant where, as here, there can be no prosecution for the charges. As described by Plaintiffs, the documents at issue purport to be indictments on Class 2 felony charges. The statute of limitations for any such prosecution would have expired several years before the current district attorney even took office. See C.R.S. 16-5-401; see also Plaintiffs Hearing Brief at 16 (asserting [T]he statute of limitations has run on all crimes contemplated by the Indictment...). In response to an earlier request, we wrote: [O]ur refusal to provide these documents is based solely upon our concerns regarding the legality of such a disclosure. This decision should not be interpreted as an exercise of our discretion pursuant to 24-72-305 C.R.S. In essence, our position is that because the grand jury is supervised by the court, and violations of grand jury secrecy are punishable by the contempt powers of the court, the court must make the determination of whether, even under these unique circumstances, grand jury materials should be made available as you request. Be advised that this office will not object to you seeking court review of our decision before the appropriate judicial officer should you decide to do so.1 This position has not changed. We therefore move this honorable court for leave to file under seal any such document in our possession for review by this court, and disclosure as the court deems appropriate.

Respectfully submitted, By: __/s/ Sean P. Finn___________ Sean P. Finn, Reg. #34455 Chief Trial Deputy October 18, 2013

This letter can be found as Exhibit 5 to Plaintiffs Complaint.

CERTIFICATE OF SERVICE I hereby certify that on October 18, 2013 a true and correct copy of the foregoing RESPONSE TO ORDER TO SHOW CAUSE / MOTION FOR LEAVE TO FILE UNDER SEAL was filed with the Court and served upon the following parties via ICCES electronic filing system: Thomas B. Kelley Steven D. Zansberg Christopher P. Beall LEVINE SULLIVAN KOCH & SCHULZ, LLP 1888 Sherman Street, Suite 370 Denver, CO 80203 Marianne Wesson University of Colorado 401 UCB Wolf Law Bldg. Boulder, CO 80309 _____/s/Catherine Olguin____________