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Colorado Victims Rights Act

I used to think of Mary Lacy as the High Priestess of Victimology; her perspective always seemed to emphasize the victim's rights and no doubt, she advanced the cause of domestic violence victims, sexual assault victims, and she hit the Universty of Colorado hard in the CU Recruiting Scandal (I think that is when BPD turned against her). She made a name for herself promoting victims rights, such that when she ran for DA in 2000; she won.

Crime victims are such an important part of the criminal justice system process that Colorado voters amended the state Constitution to include Victim Rights in 1992. Colorado Crime Victim Rights Act. We can all agree that JonBenet Ramsey was a victim of the crime of Murder.

Any person who is a victim of a criminal act or such person’s designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed and present at all critical stages of the criminal justice process. All terminology, including the term “critical stages” shall be defined by the general assembly (Article II, Section l6A Colorado State Constitution).

Victim's Rights are a part of the Colorado Constitution. reminder: JonBenet is the Victim. If a victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, sibling, grandparent, grandchild, significant other, or other lawful representative. There are a number guaranteed rights to victims of criminal acts:

  • Murder;
  • Manslaughter;
  • Criminally negligent homicide and vehicular homicide;
  • Assault;
  • Vehicular assault
  • Menacing;
  • Kidnapping;
  • Sexual assault;
  • Incest and aggravated incest;
  • Child abuse;
  • Sexual exploitation of children;
  • Crimes involving child prostitution;
  • Crimes against at-risk adults and at-risk juveniles;
  • Indecent exposure;
  • Violation of a criminal protection order issued against a person charged with sexual assault or stalking;
  • Robbery—aggravated, aggravated of a controlled substance;
  • Crimes for which the underlying foundation has been determined to be domestic violence;
  • Careless driving that results in the death of another person;
  • Failure to stop at the scene of an accident that results in the death or serious bodily injury of another person;
  • Stalking;
  • Human trafficking;
  • First degree burglary;
  • Invasion of privacy for sexual gratification;
  • A Bias motivated crime;
  • Retaliation against a victim or witness;
  • Tampering with a victim or witness;
  • Intimidation and aggravated intimidation of a victim or witness;
  • Retaliation against a judge, prosecutor, or juror;
  • Posting a private image for harassment or pecuniary gain; and
  • Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes specified above.

I think it is fair to say the Critial Stages of this crime and investigation have passed; and, JonBenet's Murder is a Cold Case. The Victim Rights Act also says this:

Additional rights and services are provided to child victims of crime. Law enforcement officials, prosecutors and judges are encouraged to designate one or more individuals to try to ensure that the child and his/her family understand the legal proceedings and have support and assistance to deal with the emotional impact of the crime and the subsequent criminal proceedings.

This clause is where Victim Advocates come from. JonBenet lost her victim advocates on day one. In 26 years I can't remember anyone representing JonBenet's rights as a victim, except for Mary Lacy maybe. The Ramseys, as the victim's family should finally be recognized as representatives of JonBenet's victim rights.

Also law enforcement has the responsibility to: inform all victims of cold cases of any change in the status of the case; and provide victims of cold cases for which the crime has a statute of limitations of longer than three years with an annual update concerning the status of the case. Law enforcement has not done this for the Ramseys since Mary Lacy said this:

We intend in the future to treat you as victims of this crime, with the sympathy due you because of the significant loss you suffered.

Now it is clear what happened. About 6 months after Mary Lacy's letter, BPD worked to undo the Ramseys victim status in violation of their rights as JonBenet's family members. They immediately opened an investigation into Burke as if it was legitimate; and they set up a special task force; they used Kolar's theory, with its remarkably flawed evidence and falsehoods to implicate a Ramsey family member. They did this in pursuit of getting the CBS Special, The Case of: JonBenet Ramsey on TV in 2016. I think members of the Boulder Police Department were enriched.

They said:

We are doing this for JonBenet.