ICE agent coerced by boss in Beauprez case, lawyers say

By Sara Burnett, Rocky Mountain News (Contact)

Originally published 12:57 p.m., January 14, 2008
Updated 01:18 p.m., January 14, 2008

Immigration and Customs Enforcement Agent Cory Voorhis was coerced into telling his boss that he improperly accessed information about an illegal immigrant that was later used by Bob Beauprez's gubernatorial campaign, his attorneys argued before a packed federal courtroom today.

Voorhis' lawyers say any statements the agent made — as well as all evidence seized from his computers or paperwork — should be thrown out because the questioning was improper.

Voorhis is charged with three counts of illegally accessing a government computer, a crime that carries a maximum penalty of three years in prison, a $300,000 fine or both.

Prosecutors say Voorhis used the National Crime Information Center database — intended for law enforcement purposes only — to access information about an illegal immigrant who got a plea deal from then-Denver District Attorney Bill Ritter.

Information about the man was then used in an ad by Beauprez, a Republican, in his race against Ritter, a Democrat, which claimed Ritter gave deals to illegal immigrants.

An investigation was launched in October 2006.

In court today, Jeff Copp, the special agent in charge of the Denver ICE office, testified that he received a call from the director of the Colorado Bureau of Investigation that month, asking him to question Voorhis about why he accessed the database.

Copp said he didn't believe Voorhis had done anything wrong. He was surprised when the agent came into his office and said he had retained a lawyer, who had advised him not to answer questions.

Copp said he told Voorhis to leave his office.

Asked by a prosecutor whether he was angry, Copp said he was "taken aback."

"I told him to get the hell out," he said.

Seconds later, Voorhis returned to his office and Copp asked him again why he accessed the information. Voorhis then told him that he had received an anonymous tip and was looking into whether he could open a case on the immigrant, Copp said.

In court documents, Voorhis' attorneys say any questioning should have stopped after the agent told Copp he had been advised by his lawyer not to incriminate himself. Attorney William Taylor also said Voorhis felt threatened, that he may lose his job or be punished if he didn't answer.

After the discussion, Voorhis' work space was searched, and investigators seized three computers, his personal effects and paperwork, the court filing states.

Voorhis was greeted at the courthouse this morning by about 50 people, most of them supporters who have learned about the case from the media.

One woman, who did not give her name because she fears retaliation from government agents, called the case a "miscarriage of justice" and "scandalous."

Others questioned the expense of the case. There are two special prosecutors from the U.S. Attorney's Office in Wyoming working on it, as well as agents from ICE, CBI and the FBI. One FBI agent testified today that as many as 25 interviews were conducted as part of the investigation.

Supporters are raising money for a legal defense fund for Voorhis.

Also today, former Department of Homeland Security investigator Michael Riebau, spokesman for the legal defense fund, questioned whether the prosecution could damage the chances of convictions in cases that Voorhis has investigated.

Among them is a case against Pedro Castorena-Ibarra, who is accused of leading one of the largest fake document rings in the country.

U.S. Attorney for Colorado Troy Eid declined to comment on the issue today.

Others have said, however, that the investigation would not impact cases because more than one agent usually works all cases.

Voorhis is scheduled to take the stand when the hearing resumes this afternoon.

His attorneys also have filed a motion saying the case should be dismissed because of "selective prosecution," or because Voorhis was not the only one who searched the database. Judge John Kane delayed a hearing on that motion, which had been scheduled for today.

• January 14, 2008

  1:40 p.m.

  Suggest removal

  Spencer writes:

  give hime the maximum penalty and this kind of crap will be stopped

• January 14, 2008

  2:13 p.m.

  Suggest removal

  Diff writes:

  Weasels, Wheeling and dealing...
  Am even a happier today we did not elect Beauprez, I'd bet we'd eventually hear more if this kind of Crap if he where Governor!

• January 14, 2008

  3:10 p.m.

  Suggest removal

  BirdonaWire writes:

  Can you say witch hunt?

• January 14, 2008

  3:28 p.m.

  Suggest removal

  Big_D writes:

  Voorhis committed a crime in his office and his boss threatened to fire him if he didn't fess up? Sounds like a good manager to me. Voorhis should lose his job and get the maximum penalty not because he did the crime alone but because he apparently thinks he did nothing wrong. If you commit a crime and you lack remorse you should pay the maximum penalty so you can learn some remorse for your actions.

• January 14, 2008

  4:59 p.m.

  Suggest removal

  outrider writes:

  Voorhis is one of the best Ice agents in the department. That scares the Liberal open borders crowd. Ritter and his posse don't want to be found out. Being an Independent that makes me impartial. Bob Beauprez is no better his money in the bank!

• January 14, 2008

  6:46 p.m.

  Suggest removal

  snowbelly writes:

  ritter has done nothing but abuse his power and trumpet his non-existent accomplishments.these traitors are already counting illegals as their permanent voting bloc and they want to shut up anybody that might care about AMERICAN'S rights.a pox on traitors.

• January 14, 2008

  8:39 p.m.

  Suggest removal

  BikerChick writes:

  Lessons-learned in the Voorhis Hearing today, Monday, 14 Jan 2008
  PERSECUTING CORY VOORHIS IS ILL-ADVISED.

  Jeopardizing the VERY high-value Castorena prosecution to kick sand in the face of a talented DHS-ICE investigative agent is worse than stupid.

  HIGH-LEVELS MEA-CULPA IS APPROPRIATE

  Hair-trigger, egoic, angry reactions on the part of Mitch Morrissey, Bill Ritter, Bob Cantwell (CBI), Troy Eid (U.S. Attorney, Denver), Bob Garrity Jr. (DOJ-FBI SAC Denver), Paul Maldonado (DHS-ICE ASAC, Denver) and Jeff Copp (DHS-ICE SAC in Denver) should result in personal apologies, to Judge Kane, not foolish vendettas.

  This entire Voorhis exercise should instead have been a broad-based administrative spanking for all who used the NCIC-iAFIS for personal or political advantage. There are Administrative Magistrates who can administer the spankings.

  Judge Kane can issue a stern rebuke as he Vacates the entire mess, with clean-records all around (one freebie apiece) -- WITH PREJUDICE AND STRONG WARNINGS. He has the authority and the balls to do that; he HATES malfeasance by elected and appointed government folks.

  PUBLIC "RIGHT-TO-KNOW"

  Judge Kane can also Order the FREQUENT use of the "criminal alien history" file (one of the eighteen files) in the NCIC-iAFIS (quite different from the "active prosecution case files") to feed the media as a deterrent – to juice-up law-enforcement, justice and court workers to aggressively pursue repeat-offenders... as the info is shared with "We-the-People."

  That said, the DHS and DOJ-FBI must (exercising caution NOT to jeopardize active cases) commence to use the NCIC-iAFIS data base freely to report upon criminal alien crime history. While that would be inappropriate and prohibited for U.S. citizen rap sheets (Constitution), FIVE MILLION criminal aliens now in the USA have no such "rights" to privacy -- except in the wild imaginations of reckless DAs' such as Ritter and Morrissey. When we aid-and-abet the nefarious activities of criminal aliens, more come here. Dumb-and-dumber.

  New Paradigm; Law-Enforcement and Justice Troops work together

  The feds and LOCAL law-enforcement troops must be taught the difference between the "rights" of U.S. citizens and the fond wishes of illegal aliens – who are flight-risks, by definition, and must NOT be given privileges such as bail-bond and plea-bargains. Just the opposite; treat them just as we do gangsters (confiscate their assets, money, vehicles, etc.). Tough love works !

  Chertoff could make that work for us -- in response to the Congress. Lately, he seems to be in the mood to do just that.

  Meanwhile, on a high-priority basis, Cory Voorhis MUST be restored to his job at DHS-ICE – without malice. At the same time, Jeff Copp must be given an "early-out" buyout, and a replacement DHS-ICE SAC brought in from "the outside." IMMEDIATELY.