Denver police made up their own rules about just who and what would go into city's notorious "spy files," according to 11 depositions filed as part of a federal lawsuit.

The documents state that a department policy governing political and criminal intelligence gathering was drafted but apparently never implemented.

That failure was just one example in the depositions that depicted the department's intelligence bureau as an undisciplined and, at times, chaotic operation.

Eight of those deposed were police officers, including Capt. Vince DiManna, a former head of the intelligence bureau who appeared to be unaware that the unused policy was in his desk drawer, left there by a predecessor.

The presumed policy - held up by Mayor Wellington Webb at a March press conference and described by him as "a very good policy as it relates to intelligence gathering" - was, in fact, never put into effect, according to several police officials.

The depositions show a department that kept sloppy and inaccurate records - information that could be deemed as violating the constitutional rights of some of those involved, according to former Colorado Supreme Court Justice Jean Dubofsky.

Files deemed useless

Dubofsky, one member of a three-judge panel who reviewed the files at Webb's request, also said in her deposition that much in the spy files was "stale," "sketchy" and "useless."

Another startling revelation from the documents: A longtime police secretary was apparently given authority to classify people "criminal extremists" in the department's computer database.

The Rocky Mountain News viewed the documents Tuesday, made available by the American Civil Liberties Union. Major portions of the documents were censored under the terms of a confidentiality order issued by the federal judge after the city requested the redactions.

The ACLU has filed a federal lawsuit against Denver, claiming that many of the spy files on 208 groups and 3,277 people violate the civil rights of those under surveillance.

The ACLU is representing several groups, including the American Friends Service Committee - a service group founded by Quakers - which was labeled a "criminal extremist" group by Denver police.

"It's pending litigation," said Denver Police Chief Gerry Whitman. "I can't comment."

Other groups police kept track of include the American Indian Movement, a group called End the Politics of Cruelty, the Justice for Meña Committee and even Denver Public Schools students.

A label with consequences

Glenn Morris, an American Indian Movement leader, said being labeled a criminal extremist in post-Sept. 11 America can have dire consequences. For example, the files could place a person's activities under the new federal Patriot Act, he said.

"It confronts you when you go through the airport. It confronts you when you try to get a job. It confronts you when you buy a house," Morris said. "It's a small step from being a criminal extremist to being a domestic terrorist."

"You know, it's interesting," Dubofsky said, of her work in reviewing the files. "We never did find out where the word 'criminal extremists' came from."

The same group could be classified as criminals on some reports and simply as protesters on another, she said. Some files were labeled "biker gang" or "motorcycle group," she said.

Dubofsky's panel ultimately found that many of the files should be destroyed, but police officers shouldn't be punished for violating their own policy.

But the depositions show that the judicial panel only saw the computerized files - not the many paper files. Nor did the panel see any surveillance photos or videotapes.

The limited access was ordered by City Attorney Wally Wortham, and the three former judges were each paid $5,000 for their work.

Wortham is currently on medical leave and unavailable for comment. Andrew Hudson, Webb's spokesman, wouldn't comment because the case is in court.

Revolving-door leadership

Police executives questioned in the depositions painted a picture of a bureau that saw frequent changes in commanders where no formal policies existed spelling out who should - or should not - be investigated by intelligence officers.

Deputy Chief Dave Abrams, a 31-year veteran, said during questioning Sept. 18 that in the past five years the intelligence bureau has had five commanders and little in the way of written guidelines.

For example, one lieutenant who headed the bureau in 1998 decided that all files more than five years old should be destroyed, Abrams said. But he was transferred just months later, and his directive was never complied with, he said.

At the same time, written policies were drafted but never adopted as formal directives for intelligence bureau detectives and employees to follow.

Abrams was shown a copy of Webb's March 13 press statement, issued after the spy files came to light. In it, Webb praised the policy "as it relates to intelligence gathering."

Abrams was asked if that policy had ever been implemented.

"I don't believe it was, no," he answered.

He said officers in the intelligence bureau had broad powers to interpret how they should do their jobs. He was asked if they had "unbridled discretion."

"I wouldn't characterize it as unbridled, but they certainly had a lot of discretion," Abrams said.

The department appeared to have been concerned that it wasn't complying with federal guidelines on intelligence gathering. Last January, before the ACLU disclosed the existence of the spy files, a group of police commanders met to discuss adopting such policies.

The guidelines are mandatory when an agency is receiving federal funding. According to a deposition by Capt. John Weber, the group determined that the gang unit had to comply because it used federal funds to set up Gang Net, a program to keep track of drug dealers and violent gang members.

DPS students monitored

But as Weber recalled it, the intelligence bureau was not receiving federal funds so didn't have to comply.

The depositions also don't offer much in justifying why a group was investigated.

For instance, Denver police began monitoring students after the Columbine High School tragedy and ultimately recorded nearly 100 files on DPS students, Dubofsky said.

"So if a kid came to school with a knife, or a kid got into a fight, the kid's name would be one of the names on the list," she said.

While those files were still part of the computer database, they were outdated, with the students either graduating from high school or dropping out, Dubofsky said.

Just who determined what would be a part of an individual's file was also mysterious. Kathleen Miklich, a secretary in the department since 1975, said in her deposition that she labeled some groups criminal extremist, but was unable to define the term.

Similarly, Sgt. Alan Miller, who was assigned to the intelligence bureau from the summer of 1999 through February, was asked why officers compiled a dossier on the American Friends Service Committee.

"Because they're a protest group," he answered.

Then he was asked if he would agree that the group was peaceful.

"I would," Miller said.

Then why keep a file?

"Every protest group we kept a file on," he said.

However, several of those who were questioned denied that they had ever gathered information on people or groups simply because of their political views.

"I was collecting information in reference to any activity that would have had a criminal nexus to it," said officer Raymond Ayon, a detective who worked in the intelligence bureau's gun section.

"But to collect information just for political reasons, at no time was I ever instructed to do so or did I act on my own accord to do so."

Records on Rolodex

The lack of rules even extended to how the records were kept.

Miller said that among his tasks was the examination of scores of old index cards kept in a giant Rolodexlike machine. Each card included information about an individual, including arrests, police contacts and affiliations with various protest groups in town.

Miller said cards that were old or created for people who had never been arrested were shredded.

However, he said that individual officers kept the actual intelligence files in their desks and filing cabinets.

Asked how long it took to track down old files and shred them, Miller replied, "A long time. Those detectives have files everywhere in those cabinets. And we would go through the cabinets every day and try to get the files out of there."