DISTRICT COURT,

COUNTY OF BOULDER
STATE OF COLORADO



AFFIDAVIT FOR ARREST WARRANT



Your affiant, Senior Investigator Troy Cooper, states that the following facts are true and based
upon his personal knowledge, or as a result of his review of police reports, forensic examination
reports and interview statements.


This affidavit asserts that on J une 5
th
, 2014 J ack Miller Gardner whose date of birth is
10/03/1957 committed crime of;


CRS 18-8-105 Accessory to Internet Luring (F5)
(Internet Luring as defined by CRS 18-3-306)
CRS 18-8-404 First Degree Official Misconduct (M2)
CRS 18-8-102 Obstructing Government Operations (M3)


The facts which developed the probable cause to merit an arrest warrant are as follows:


Your affiant, Senior Investigator Troy Cooper, is a duly commissioned peace officer in the State
of Colorado. Your affiant has over 21 years of law enforcement experience and has worked as a
Criminal Investigator for the 1
st
J udicial District Attorneys Office for more than 6 years. During
that time, your affiant has investigated several police conduct cases for possible criminal
charges. Your affiant has been appointed as a special investigator relating to the case involving
Boulder Police Detective J ack Miller Gardner at the Boulder Police Department Headquarters
located at 1805 33
rd
Street, City of Boulder, Boulder County, Colorado.

On May 29, 2014 Boulder Police Detective Scott Sloan initiated an investigation on an
individual he later identified as a 26 year old male named Kahlil Peckham (DOB: 12/22/1987).
Detective Sloans duties for the Boulder Police Department include conducting investigations of
crimes committed against children using the internet. Frequently, these investigations require the
use of an undercover, underage, online persona. These undercover personas are used to
communicate with adults who are using the internet to initiate communication, describe explicit
sexual conduct, and then engage in sexual activity with children. Detective Sloan had developed
an underage online persona who was represented as a 13 year old female using the name
Brooke Hill.


Detective Sloan identified a suspicious posting on Craigslist.org in the Casual Encounters
(INV6 3/02)

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2
section. The posting was sexual in nature and was directed toward a younger girl. He later
determined that this ad was posted by Kahlil Peckham. He used his undercover persona to
respond to the ad and initiate communication with Peckham by e-mail and then text messaging.

During the course of Detective Sloans investigation he developed evidence to establish that
Kahlil Peckham had committed Internet Luring of a Child as defined by CRS 18-3-306. Between
May 29, 2014 and J une 6, 2014 Kahlil Peckham exchanged more than 700 text and computer
messages with Detective Sloans online persona believing that she was a 13 year old female.
This communication included describing explicit sexual conduct as defined by 18-6-403(2)(e)
and in connection with that description, made statements persuading or inviting the 13 year old
female persona to meet him for the purpose of sexual contact as defined by CRS 18-3-401.

Detective Sloan, portraying himself as the 13 year old female persona, arranged to meet with
Kahlil Peckham on J une 4
th
, 2014. It was determined that enough evidence existed to arrest
Kahlil Peckham for Internet Luring with intent to engage in sexual contact which is classified in
CRS as a class 4 felony. Detective Sloan communicated the progress of his investigation with
Boulder Police Department Investigations Sergeant J im MacPherson. At the request and
direction of Sgt. MacPherson, an operations plan was developed for the meeting on J une 4
th
with
Kahlil Peckham. The plan included several sworn staff members of the Boulder Police
Department. The plan was to arrest Kahlil Peckham when he arrived for the meeting with the 13
year old female. The meeting on J une 4
th
was cancelled by Kahlil Peckham. He said he had a
conflict of plans because he wanted to meet with a friend that was leaving town.

Detective J ack Gardner was working as a Major Crime Detective for the City of Boulder Police
Department. He has worked for the City of Boulder Police Department since 1998. He was also
assigned as Detective Sloans Internet Crimes against Children (ICAC) partner. Detective
Gardner was inadvertently excluded from the operations plan that was developed on J une 4
th
.
Detective Sloan stated to your affiant that Detective Gardner was upset that he was excluded
from the operation. Detective Sloan said he had apologized to Detective Gardner about the
unintentional oversight and he considered the issue resolved.

Detective Sloan continued to communicate with Kahlil Peckham portraying himself as a 13 year
old female. He and Kahlil Peckham had begun planning a meeting for the afternoon of J une 5
th
,
2014. During the ongoing text communication that afternoon, Kahlil Peckham sent a text
message to Detective Sloans online persona stating that he received a message warning him to
not to meet with the 13 year old girl today. Detective Sloan didnt break his cover and continued
to pose as the 13 year old female persona. He asked Kahlil Peckham to forward the e-mail
warning to him.

Kahlil Peckham forwarded the warning message to Detective Sloans online personas e-mail
account. The message was forwarded from an e-mail using the name Matt Brown. Detective
Sloan asked Kahlil Peckham about that name and he responded that he uses that e-mail address
on Craigslist to conceal his identity. The warning message Kahlil Peckham received and
forwarded to Detective Sloan read, WARNING!!! DO NOT MEET TODAY W/13 YOA
GIRL!! Detective Sloan downplayed the warning to Peckham as possibly a message from his
personas parents.

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3

This message caused concern about the safety of the operation and showed intent to hinder and
delay the investigation. The warning rendered assistance to Kahlil Peckham by helping him
avoid apprehension. The message obstructed or hindered the apprehension of Kahlil Peckham at
that time.

Detective Sloan cancelled the plan to meet with Kahlil Peckham and began to investigate the
origin of the warning message. Detective Sloan noted that the message was sent through the
Craigslist relay email system from a user who was only identified as Morgan T. The message
was a response to Kahlil Peckhams original Craigslist posting (ID:4494789441). Detective J ack
Gardner was present when the forwarded warning message was opened by Detective Sloan and
examined. Detective Gardner was seen leaning closer to the computer screen and appeared to
examine the message but offered no additional information or theories about the origin of the
message.

On J une 13, 2014 Detective Sloan executed a search warrant at the residence of Kahlil Peckham,
located at 3300 Bridgar Trail, Boulder CO and seized several digital evidence items. During the
search, Detective Sloan interviewed Kahlil Peckham where he admitted to being the person who
was communicating with the undercover persona, Brooke Hill. He acknowledged receiving the
warning message and said that it freaked him out. He said he didnt know where the message
came from and speculated that it was sent by the girls mother.

The digital devices seized from Kahlil Peckham were forensically examined. The examination
revealed images believed to be child pornography as well as unlawful sexually explicit chats
with an individual believed to be an actual minor. An arrest warrant is being sought by the
Boulder Police Department for Kahlil Peckham based on the evidence obtained by Detective
Sloan

On J une 20, 2014 Detective Sloan requested and received a court order for Craigslist to provide
information about the message origin from the Morgan T e-mail. Craigslist responded and
provided information that the full e-mail was [email protected].

On J une 23, 2014 Detective Sloan requested and received a court order for Google, Inc to
provide information about the e-mail account related to [email protected].

Google, Inc responded and provided information about the morgan12hoops gmail account.
On May 12, 2014 at 18:33 UTC (which is 12:33 DST Mountain Time) the account was opened
using the name Morgan Thomas. The account was activated through an IP address assigned to
the National Center for Missing and Exploited Children (NCMEC). This account was accessed
through the NCMEC router 11 times from May 12, 2014 May 14, 2014. The Google response
also showed that this e-mail account was accessed on May 16
th
, 2014 through the IP address
assigned to the undercover router in use at the Boulder Police Department. The account was then
accessed on J une 5
th
, 2014 through the undercover router in use at the Boulder Police
Department between 18:54 and 19:06 UTC which is 12:54 to 13:06 DST Mountain Time.

(UTC or Universal Time is a time standard used by Google and many other organizations in

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4
the global data industry. UTC time is offset to local time in J une by -6 hours to bring it to
Mountain Time Daylight Savings Time.)

Detective Sloan stated to your affiant that he attended a class hosted by the national organization
for Internet Crimes Against Children (ICAC) in Alexandria, VA at the NCMEC facility with
Detective J ack Gardner from May 12-14, 2014. This class focused on case investigations of
online ads that attempted to lure, contact and meet underage children. He stated that during this
class they were taught how to create online personas to include undercover e-mail accounts. He
said the class included practical exercises where the students would create their own undercover
personas. Detective Sloan said that he spoke with Detective Gardner about what Craigslist ads to
respond to while training at this class. He said they agreed to avoid postings from the Boulder
Colorado area so they wouldnt taint any potential investigations they initiate once they return
home.

Detective Sloan said once they returned home from the training class Detective Gardner
suggested that they split the tasks related to ICAC cases. Detective Sloan said they agreed that he
would conduct the online undercover investigations and Detective Gardner would follow up on
any tips or referrals received through the national ICAC organization. They codified this
agreement by notifying their supervisors and receiving approval for the separation of
assignments.

Detective Sloan said that once he received the information from Google Inc., that revealed the e-
mail account used to send the message was activated from an IP address assigned to NCMEC at
the time he had Detective Gardner were attending training there, he immediately began to
suspect that Detective J ack Gardner was responsible for sending the warning message to Kahlil
Peckham.

On J uly 9, 2014 Detective Sergeants J im MacPherson and Kerry Yamaguchi conducted an
administrative inquiry with Detective J ack Gardner. This inquiry didnt provide Garrity Rule
protections. During this inquiry Detective Gardner confirmed that he set up the
morgan12hoops Gmail account on May 12, 2014 at the class he attended in Alexandria, VA.
He also confirmed that he had accessed that e-mail account using the undercover router
connected to MacBook device he keeps at his work station in the investigations area of the
Boulder Police Department. Detective Gardner acknowledged that he had only accessed this
Gmail account on limited occasions. These were the dates he was in Alexandria, VA from May
12
th
14
th
, 2014, May 16
th
at the Boulder Police Department and J une 5
th
at the Boulder Police
Department. Detective Gardner said he has never shared the password to the Gmail account with
anyone. When asked why he accessed his undercover account on J une 5
th
Detective Gardner
stated that he was checking to see if anyone had responded to the messages he sent to the
Craigslist ads while in the class on May 12-14. He said he also wanted to verify that that the
person under investigation by Detective Sloan hadnt responded to one of the messages he sent
from his undercover online persona. Detective Gardner stated that he had left his undercover e-
mail account and the Craigslist posting from Kahlil Peckham up on the screen of his Macbook
and left his work station. He proposed that another unknown person took that opportunity to send
the warning message to Kahlil Peckham while he was away from his desk.


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5
The Macbook located in Detective J ack Gardners work station was provided to him by the
Internet Crimes Against Children organization. This device was not connected to the City of
Boulders computer network. Detective Gardners supervisors were aware of this device and
allowed it to be used separate from the City network due to the sensitive and explicit material
involved in ICAC investigations.

The Macbook was seized and a forensic examination was conducted on the data stored in the
hard drive by Longmont Police Detective Bryan Franke. The forensic examination revealed that
Detective Gardners account of the sequence of how Kahlil Peckhams Craigslist ad and his
undercover Gmail account was accessed and opened was in conflict with the data recovered from
the Macbook. The forensic examination uncovered deleted data files that provided a sequence of
searches through the Safari browser. This data had been deleted out of the browser history on the
Macbook after the recovered searches were conducted and before the device was seized and a
forensic examination took place.

The forensic examination confirmed that the warning message was sent from the Macbook
device and that remote access settings was not enabled on the device at the time the message was
sent. The forensic examination determined that the warning message was sent at 12:54:54 hrs on
J une 5
th
, 2014.

The Boulder Police Department uses a security system that restricts access at doors and parking
lot gates with the exception of the public access lobby doors. Access through secured doors is
possible with the use of proximity cards issued to each staff member. These proximity cards
contain unique electronic identifiers that are recorded in the security system data. This system
records the date and time access is granted to the building but does not have the capability to
record when anyone leaves the facility.

A report writing system called Tiburon is used for records management at the Boulder Police
Department. Unique identifiers are used by each staff member to access the report writing
system. Additionally, data from phone usage at the Boulder Police Department is recorded in
their phone system and is able to be retrieved and analyzed. Access to the desktop computer in
use in Detective Gardners workspace required a unique password to access the system.

The timeline table provided on the following page is a compilation of the forensic examination
of the Macbook device, analysis of the information received from Craigslist and Google by court
order and a survey of other electronic data recovered from the report writing, phone and
proximity card/security system maintained at the Boulder Police Department. (All times included
in the table are converted to local Mountain DST Time)









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6
J une 5, 2014
TIME ACTIVITY SOURCE
12:41 Detective Gardners Access Card is used to enter the Boulder Police
Department using the South Main Door.
Card Reader
12:49 Macbook is used to access Craigslist then personals Macbook
12:50 Macbook is used to go to m4w in Craigslist and a search for kinky is
performed.
Macbook
12:51 Macbook is used to search for furry in Craigslist. Macbook
12:52 Kahlil Peckhams online ad is opened in Craigslist. Macbook
12:53 Reply is clicked to send a reply message to Peckhams posting. Macbook
12:54 The morgan12hoops g-mail account is accessed via password Macbook
12:54:07 Undercover (UC) morgan12hoops account accessed via password Google
12:54:54 Email sent from UC account to Kahlil Peckham Google
12:56 Opens page for Yahoo! Mail Macbook
12:57 Second log into the UC email account Macbook
12:57:42 Second log into the UC email account Google
13:00 e-mail relayed from UC account to Kahlil Peckham Craigslist
13:04:08 Third log into the UC email account Google
13:05:21 Fourth log into the UC email account Google
13:06:09 Fifth log into the UC email account then logs out UC account never
accessed again.
Google
13:09:11 Kahlil Peckham sends an e-mail to the UC account Google
13:13:12 Kahlil Peckham sends a second e-mail to the UC account Google
13:29 Voicemail is accessed from the extension at Det. Gardners desk Phone Data
13:34 Det. Gardners access password is used to access Tiburon (records
management system).
Tiburon -
BPD


The analysis illustrated in the timeline above demonstrates that Detective Gardners proximity
card was used to enter the Boulder Police Department at 12:41 hrs. Continuous activity on the
Macbook located at Detective Gardners desk that led to the sending of the warning message to
Kahlil Peckham occurred from 12:49 13:06 hrs. Routine activity resumed at Detective
Gardners desk at 13:29 hrs.

Your affiant interviewed 21 Boulder Police Department staff members who were working in the
Investigations Bureau area on J une 5, 2014. These interviews determined that no one was seen in
Detective Gardners work area besides Detective J ack Gardner on the date the warning message
was sent.

The Boulder Police Department has a set of ten lawfully adopted rules that members of the
Boulder Police Department are required to follow. Rule 8 requires that members use reasonable
judgment and refrain from conduct which reflects unfavorably on the department. Rule 9
requires that members assist and cooperate with any department-authorized investigation. Rule
10 requires members treat the official business of the department as confidential and not
communicate any information which may jeopardize an investigation, arrest, police action,

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7
prosecution, communicate any information which may endanger the safety or well being of
others or jeopardize the operation of the department.

J ack Miller Gardner is described as a white, male, 68, 240 lbs, with brown hair and brown eyes
with a date of birth of 10/3/1957. His Colorado PIN is 94-284-1142.

Based upon the information provided within this affidavit your affiant respectfully requests that
an arrest warrant be issued for J ack Miller Gardner for Accessory to Internet Luring as defined
by CRS 18-8-105, First Degree Official Misconduct as defined by CRS 18-8-404 and
Obstructing Government Operations as defined by CRS 18-8-102.



________________________________
Senior Investigator Troy Cooper, Affiant




Subscribed and sworn to before me this ______ day of _____________________, 20_____.


______________________________ _____________________________
Judge / Notary Public Notary commission expires