U.S. Attorney General Finds Grounds for Criminal Prosecution

Denver – The Colorado Anti-Violence Program announced today that the Denver FBI Joint Terrorism Task Force is launching a criminal investigation into homophobic hate mail that has targeted metro area lesbian, gay, bisexual, transgender people and their allies for over four years.

The double-sided fliers are from a person who signs himself "Watcher" and includes a long list of quotes from the Bible, with occasional commentary added in parentheses, and the title, "Homosexual Rights or Bold Faced Lie?" There sometimes are additional notes attached to or written on the flier, such as "I will enjoy – watching you die."

"We’re very, very glad that the U.S. Attorney General’s Office and the FBI have determined that this is a criminal case," commented Colorado Anti-Violence Program Executive Director Denise de Percin. "This clearly is someone who relentlessly targets the lesbian, gay, bisexual and transgender community, and he needs to be stopped before he goes any further. The escalation in frequency during the past six months is particularly concerning."

Colorado Anti-Violence Program staff met with the Task Force in December 2003 to discuss the letters. Since then members of the Task Force have been working to compile a case against the Watcher. "At the end of last week we got the good news that there is enough evidence to pursue him," said de Percin. "It will allow law enforcement to mobilize the necessary resources for a full investigation, and hopefully bring the Watcher to justice."

The change in status of the case comes as good news and something of a relief. Donald Cavanaugh, a community activist who received several of the Watcher letters while living in Denver, commented, "At the time, the Denver police and the Postal Service investigation units didn’t think the letters were sufficiently threatening to warrant concern. While I did my best to laugh them off, the anonymity and the threatening tone were unnerving. One of my neighbors, upon learning of the letters, admitted genuine fear about living near me." He added, "This is a form of terrorism and I’m glad law enforcement has finally decided to pursue the perpetrator."

The earliest Watcher letters documented by the Colorado Anti-Violence Program were sent to staff members with Equality Colorado, a statewide LGBT advocacy group, which suspended operation in 2001. A Watcher letter was sent to a straight business owner who advertised in a Denver-area gay phone directory in July 2000. In June 2001, the Watcher sent fliers to over 20 of the business that advertised in the "Pride Guide", a printed program for Pridefest, the annual celebration of LGBT culture and community.

"It was disturbing for the businesses that received the letters," commented Michael Brewer, Public Policy Director with the GLBT Community Center of Colorado, which organizes Pridefest. "But it didn’t have any real impact on Pridefest that year or any year – everyone still came to the celebration, and our supporters continue to advertise with us each year. If anything, it made people more resolute."

The Watcher has begun sending fliers to almost every person who has had a letter or opinion piece that could be interpreted as pro-gay printed in either the Rocky Mountain News or the Denver Post during the past few months. According to de Percin, "The Watcher may be using the internet to look up the addresses of published names. Recently I contacted both the Rocky and the Post to alert them to what is going on."

The Watcher has begun putting the return addresses of members of the LGBT community and allies on the envelope, which is confusing for both the receiver and the supposed sender. "I resent the fact that people are receiving hate mail from someone masquerading as me," said Pat Steadman, lobbyist for Equal Rights Colorado. "I feel like I'm the victim of bias-motivated identity theft." Last summer the Denver Post printed a guest editorial written by Steadman, and he subsequently received a Watcher letter with Donald Cavanaugh's name and address as the supposed sender. Since that time at least four people have received Watcher letters allegedly from Steadman.

On February 20th, 2004, a pile of the Watcher fliers was left on the West steps of the Capital during the Marilyn Musgrave and Rocky Mountain Family Council "Stand Up for Marriage" rally in support of the Federal amendment to ban same-sex marriage. Law enforcement agents at the Capital did not see who had placed the fliers.

Recently, the Colorado legislature introduced resolutions (HR04-1006 and SR04-006) condemning the anti-Semitic vandalism of the Congregation BMH-BJ. Last Tuesday House members called for a resolution opposing the distribution of racist fliers by the National Alliance, a white supremacist organization. During this session, however, the Senate Judiciary Committee voted down SB04-55, which would have mandated receive specific training on responding to hate violence for law enforcement.

"Its appropriate to be outraged when intimidation and violence targets a specific group," said Direct Services Coordinator Avy Skolnik, who testified in favor of SB04-55. "I would like to see our elected officials equally angry at the targeting of the LGBT community. As elected representatives, they have a responsibility to send a strong message about valuing the safety and protection of everyone in Colorado."

"Ultimately the Watcher is a coward and a bully - two qualities that frequently complement each other," de Percin said. "If he believes these letters are going to keep people from speaking out, or from advocating for equal rights, he’s quite mistaken."

Law enforcement and criminal justice agents cannot comment on the case because it is an ongoing investigation.

The envelopes used by the Watcher are plain white with a Denver postmark, and are addressed in a black block writing that looks hand printed but may be computer generated. The envelope may have a return address and/or a name, which is likely that of a former Watcher victim. The Colorado Anti-Violence Program and the Joint Terrorism Task Force ask that anyone who has received one of the Watcher letters and not reported it to please do so. In addition, if anyone receives one of these letters in the future, please do not open it, but contact Detective Tom Fisher at 303.629.7171.