The sixth protester,
the one who wasn't arrested, was a man who called himself "Chris Taylor."
He was in fact an undercover officer planted by the Arapahoe County Sheriff's
Office.
Taylor, whose real name
is Darren Christensen, attended a training session in nonviolence with the
other protesters the day before the sit-in, as well as the protest itself
at Allard's Arapahoe County office.
The protesters who
were taken in by Christensen say they are angry at the deceit and at being
monitored covertly.
"That's a really scary
thing," said Bonnie McCormick, a retired art teacher from Boulder who
was arrested when she refused to leave Allard's office.
"That's outrageous
to me," said Sara Jane Geraldi of Boulder, 32, a mother and part-time
social worker, who also was arrested.
The protest at Allard's
office was one of two incidents in which local police are known to have
placed undercover agents in protest groups during the heavy- combat phase
in Iraq last spring.
In the other incident,
two Aurora officers infiltrated a group that staged a sit-in outside Buckley
Air National Guard Base on March 15. Nineteen people were arrested in
that protest, but only 18 were charged.
Testimony in the legal
proceedings following the two protests provides a rare glimpse at how
law enforcement agencies spy on protest groups.
In the Allard case,
the sometimes contradictory testimony by sheriff's deputies points to
police informants within the peace movement. That case is still entangled
in a dispute over what information the sheriff's office must disclose
to defense attorneys.
The American Civil
Liberties Union charged last month that information gathered by local
law enforcement agencies is ending up in FBI files. The FBI, however,
denies it collects data on peaceful political groups.
Local protest leaders
say surveillance was particularly unnecessary at the demonstrations last
spring because police were told everything in advance - where protesters
would march, how many people would commit civil disobedience, even where
they would park their cars.
"It's not like some
secret, clandestine organization that's out to overthrow the government,"
said Carolyn Bninski of the Rocky Mountain Peace and Justice Center in
Boulder, who helped organize the Buckley protest. Furthermore, the protesters
pledged to remain nonviolent, Bninski said.
But Sgt. Tim O'Brien
of the Aurora Police Department's intelligence unit, said he had no way
of knowing if the demonstrators were telling the truth.
"We wanted to make
sure that their real plans weren't to suddenly stage a riot and start
throwing bricks and bottles and stuff like that," O'Brien said, and points
to demonstrations in other parts of the country that did get out of control.
"Who's to say that
a member of a very violent faction joins this organization and starts
to preach violent protest and-or turns it into a violent protest while
it's going on - that we don't know," O'Brien said.
Arapahoe County Sheriff
Grayson Robinson said the department had tips that a group of protesters
was planning to block traffic. Officers were trying to find out if it
was the same group that planned to protest at Allard's office.
"We were trying to
develop information to ensure that if, in fact, that was a plan, that
we were prepared to assist the motoring community with their travels,"
Robinson said.
He said the tip about
blocking traffic did not come from undercover agents.
Both police agencies
say the instances of covert surveillance that have come to light are the
only ones in which they secretly observed a political group since the
Sept. 11 attacks. Neither agency keeps files on protesters, the officials
said.
The Denver Police
Department in May agreed under pressure from the ACLU to stop maintaining
files on political groups that are not engaged in criminal activities.
Denver police political files went back at least 25 years.
But the ACLU and the
Denver police are still at odds over whether officers may perform political
surveillance while on special assignment with the FBI's Joint Terrorism
Task Force. The ACLU sued in October to obtain the contract between Denver
and the FBI.
Aurora and Arapahoe
County are also members of the task force.
O'Brien. of the Aurora
police, would not detail his agency's involvement with the task force.
Sheriff Robinson said
one deputy is assigned to the task force, but added that the task force
doesn't infiltrate protest groups.
Most of the area's
law enforcement agencies trade information as part of the Multi-Agency
Group Intelligence Conference, or MAGIC.
The possibility that
people will end up in a police dossier - or a national FBI data base -
could have a chilling effect, Colorado ACLU legal director Mark Silverstein
said.
"It's not the certainty
that there's an agent that causes people to silence themselves," Silverstein
said. "It's the fear."
Special Agent Ann
Atanasio of the FBI's Denver office said the agency does not keep files
on people in ordinary political groups.
"The FBI is not going
to keep a file on them. If they're not doing something illegal, we have
no authorization to monitor behavior that is not a threat in some way,"
Atanasio said.
The agency's activities
are focused on people who might commit acts of terrorism, Atanasio said.
Testimony in the case
arising from the protest at Allard's office indicates that protest groups
are on the radar screens of some law enforcement agencies on a continuing
basis.
Christensen, the Arapahoe
County officer who posed as "Chris Taylor," testified that he didn't recall
whether he heard about the demonstration at Allard's office from his supervisor
or from an informant.
"Did you regularly
have individuals that informed you about upcoming protests?" asked Martin
Stuart, Geraldi's lawyer.
"Yes," Christensen
responded.
Maintaining contact
with informants was part of his job, said Christensen, who has since gone
to work for the Elbert County sheriff.
Christensen and a
female officer, Liesl McArthur, infiltrated a group of about 30 demonstrators.
They showed up at a Denver church where protesters received training in
nonviolence and were advised by an attorney the day before the sit-in.
Christensen testified
that he went because of the possibility that the protesters might be a
threat to Allard's staff. That view didn't change even after he learned
that two of the people who planned to commit civil disobedience were over
70 years old.
"Any protest, anything
such as this, there is always a security risk," he said.
"Did you have any
concern about weapons with these individuals?" Stuart asked.
"Always . . . I always
have concerns with weapons," Christensen said.
"So it didn't matter
who they were, anybody who decided to go to Senator Allard's office to
protest, you'd have a weapon concern?" Stuart asked.
"Yes," Christensen
said.
Christensen cited
those concerns as the reason he continued to pose as one of the protesters
right through the time they were arrested.
But Christensen's
supervisor, Sgt. Al Holstein, had an additional goal. Holstein testified
that he wanted Christensen to build up rapport that could be useful in
monitoring the group in the future.
"Yeah, in case, down
the road we would do that again, and he could go to other protests, organizational
meetings, or whatever, just to gather intelligence in the future," Holstein
said.
Less is known about
the Aurora cases, which were resolved more quickly. One juvenile received
deferred prosecution, 13 people were convicted on misdemeanor charges,
and four were acquitted.
Jury disapproval of
the undercover tactic may have been a factor in the acquittals, speculates
Kevin McGreevy, the pro bono attorney for one of the defendants who was
convicted.
Two officers, Chris
Hurley and Brad Wanchisen, attended the planning meeting, posing as a
couple.
Neither testified
at the trials. But O'Brien testified the agents were planted because the
demonstrators had announced they were going to commit a crime, namely
the acts of civil disobedience.
Protesters in both
demonstrations were drawn from a half-dozen small groups that disagree
with American policy on a wide array of subjects. In addition to opposing
the war, some protesters were critical of U.S. support for Israel, while
the group at Allard's office presented a resolution calling for creation
of a Cabinet-level "department of peace."
They feel betrayed
by the undercover agents, who pretended to be sympathetic to them.
"We felt very violated,"
said Nancy Peters, who was arrested at the Buckley demonstration. Her
$250 fine was waived, but she was assessed $107 in court costs and ordered
to perform 16 hours of community service.
Geraldi, the parent
who was arrested at the Allard demonstration, said the man who presented
himself as "Chris Taylor" ingratiated himself by talking about his children.
"He used my motherhood
and my family experience against me. He used that as a hook," Geraldi
said.
Geraldi was hurt to
learn - through the court testimony - that Christensen's real thoughts
about the protesters was that they were "weird."
"(His) thinking that
(we're weird) is enough reason for a department to send people undercover?"
she asked in a tone of incredulity.
Geraldi said Christensen
might have thought she's weird because she has several tatoos on her arms.
They picture flowers and fairies.
"It's not like I've
got swastikas and barbed wire," she said.
Perhaps most unsettling
to Geraldi was Christensen's testimony that much of his undercover work
for the Arapahoe County sheriff involved being solicited on line for deviant
sex.
"We're lumped in with
pedophiles . . . it was like, whoa," she said.
Geraldi said she participated
in the protest because calling and writing letters to her senator seemed
ineffective. But she'll hesitate to participate again because being part
of a police file might hurt her children.
McCormick, the retired
teacher, said, "This is as bad as the war - it's intimidating."
"What happens is,
people will be afraid to do what I've done, this old lady," McCormick
said.
She, however, "won't
be deterred."
"If you're afraid
to say how you feel, you've lost your free speech," said McCormick, who
has been arrested several times at demonstrations in recent decades.
She also said the
police didn't need monitors at a group committed to nonviolence.
morsonb@RockyMountain News.com or 303-892-5072