23 June 2007

KingCast applies State v. Sansalone, 71 Ohio App.3d 284 (1991) to Franconia McKay/Liko Kenney video from 2003.

First I applied State v. Brendlin to this case and SCOTUS blog emailed me to check it out. Now, pursuant to my conversations with Brad Puffer and Charles Kravetz last evening I recall my buddy's case; State v. Sansalone, 71 Ohio App. 3d 284 (1991). Reg is an amazing woman whose presence is detailed in James O'Brien's biography, "American Lawyer, Christopher King is a Dangerous Black Man," which obviously is on hold pending the outcome of the Franconia shooting tragedy.

Anyway, not only did she tell that cop he was a "real asshole" and win her case, she told him some other pretty funny sh*t that I won't get into on this blawg :) And she later discovered an amphibious tank off the coast of Salerno. Just the facts.

To my haters: Yeah, I'm suspended until I get that cheddar right. And that still has nothing to do with the fact that you can resist an unlawful arrest in a Free Society, and New Hampshire is the Live Free or Die State and there was no lawful reason articuated for hassling and arresting Liko Kenney in 2003. And Liko most definitely did not call Bruce McKay an asshole, but I think he was and so too did the woman who attempted to revive him and she just about said as much in a very public manner.

Here then, is a breakdown of the 2003 video, which apparently ends prior to Liko being placed in the squad car as he is complaining about his Civil Rights and Police abuse. When I get that CD from the State it's going to be really sad if that video does indeed end there, and even worse if it doesn't, if you catch my drift. The persecution of Liko Kenney is just about as bad as anything that came out of the Deep South against Blacks and Native Americans, of which I am both. Liko was part Native, too and that's part of why I'm here for my Brother.

Note these magic words at 21:00:00
"Get on your knees."
"What are you going to kill me?"
"You're going into a cruiser."
"Why, what have I done?"
"I don't know."
......and neither did Bruce McKay, or at least he never told anyone why before the video mysteriously cuts off as Liko is complaining about Civil Rights. Nice.

Fact of the matter is, a very highly-respected writer on deadline for August publication for a Big Monthly said to me an hour ago after watching the 2003 video
"why isn't this shown as an example of police brutality?"

Today's best hater exchange is in the Puppy Post.

Namaste.

28 comments:

Samuel Clemens said...

You are totally getting your swerve on, CK! Aside from getting said swerve on, what is the goal?

"We dasn't stop again at any town for days and days; kept right along down the river. We was down south in the warm weather now, and a mighty long ways from home. We begun to come to trees with Spanish moss on them, hanging down from the limbs like long, gray beards. It was the first I ever see it growing, and it made the woods look solemn and dismal. So now the frauds reckoned they was out of danger, and they begun to work the villages again.

First they done a lecture on temperance; but they didn't make enough for them both to get drunk on. Then in another village they started a dancing-school; but they didn't know no more how to dance than a kangaroo does; so the first prance they made the general public jumped in and pranced them out of town. Another time they tried to go at yellocution; but they didn't yellocute long till the audience got up and give them a solid good cussing, and made them skip out. They tackled missionarying, and mesmerizing, and doctoring, and telling fortunes, and a little of everything; but they couldn't seem to have no luck. So at last they got just about dead broke, and laid around the raft as she floated along, thinking and thinking, and never saying nothing, by the half a day at a time, and dreadful blue and desperate."

Christopher King said...

Dear Mr Twain:

Sounds like a good manuscript. Have you tried to sell it anywhere?

The goals are several and many:

1. Document communication with media producers so that they and the general public understands what the law really is with regard to wrongful arrest and beat-downs.

2. Set a nice evidentiary trail of deceit and unreasonable withholding of information, including basic questions like "when was the investigation concluded,"

3. Make us a nice little movie to share with the World from Franconian perspective.

And you bet we will invite police to comment.

I think we're doing All Right.

Namaste.

Christopher King said...

Sat, 23 Jun 2007 06:13:12 -0700 (PDT)
From: "Christopher King" kingjurisdoctor@yahoo.com
Subject: Persuasive law on resisting arrest.
To: Kelly.Ayotte@doj.nh.gov, Jeffery.Strelzin@doj.nh.gov
CC: kingjurisdoctor@yahoo.com

Dear Attorneys Ayotte and Strelzin:

Take a look:

http://christopher-king.blogspot.com/2007/06/kingcast-applies-state-v-sansalone-71.html

And what, pray tell, was the legitimate underlying
offense that Liko had committed?

You bet I'm telling NECN's Charles Kravitz all about
this.

Namaste.

-c

Christopher King said...

To AP Reporter Beverly Wang, whose coverage of the Franconia shooting tragedy is detailed in this post:

http://christopher-king.blogspot.com/2007/06/kingcast-serves-straight-up-middle-to.html

**********

Sat, 23 Jun 2007 06:23:33 -0700 (PDT)
From: "Christopher King" kingjurisdoctor@yahoo.com Add to Address Book Add Mobile Alert
Subject: The law on resisting arrest, State v. Sansalone.
To: bwang@ap.org
CC: kingjurisdoctor@yahoo.com

Dear Reporter Wang,

You have a position with the most powerful news agency in the world.

Please approach this case with an open mind and askthe legal questions that need to be asked.

http://christopher-king.blogspot.com/2007/06/kingcast-applies-state-v-sansalone-71.html

Very truly yours,

Christopher King, J.D.
KingCast.net
Justiceforkids.net

Lee Iacocca said...

How will you measure the effectiveness of your efforts, aside from the production of a video?

Christopher King said...

Sat, 23 Jun 2007 06:35:45 -0700 (PDT)
From: "Christopher King" kingjurisdoctor@yahoo.com
Subject: Fwd: Persuasive law on resisting arrest.
To: ckravetz@necn.com
CC: bpuffer@necn.com, kingjurisdoctor@yahoo.com

As I just told NH AG Kelly Ayotte, the weighty
question in the 2003 video is whether Liko had a right to resist an unlawful arrest, because no reason was ever articulated as to why he was being "seized" in the first place.

We cannot allow ourselves to put the cart before the horse.

Best regards,

Christopher King, J.D.
KingCast.net
Justiceforkids.net

Christopher King said...

Dear 6:26

The measure of our success is the process of doing the thing in and of itself.

And Mrs. Macaulay seems pretty enthused if her emails to me are any indication.

Oh, and whatever the lawyers are able to do with the evidentiary trail of non-disclosure that's good too.

Lee, I really admired what you did with Chrysler back in the day. Too bad I almost could have bought Chrysler last month with the change from under the couch cushions.

Namaste.

Michael Collins said...

You hit on the right word. Process.

Your goal should be to have the investigation into 5/11 reopened.


Strategy- attack the process. The process was flawed, not transparent, or not followed (I am not sure). By making ad hominem attacks or putting it on one person's judgment, that person has no choice but to say "no, my judgment was right." Depersonalize it, say it is the process that was flawed. Only be reopening the investigation, and documenting the process that led to the decision can the public have faith in the system. Demonstrate that no process was followed or the process was flawed.That is the strategy.

The tactics. You are dancing around a lot of this, but first understanding what the process is supposed to be is key. Comparing that with the facts and process that was followed. Then, either demonstrate where it was not followed (arguing facts) or demonstrate how it is flawed (arguing principles of law and due process) is tactic one.

Tactic 2. Again you are close. Making a film is fine. Making a film or whatever and putting it on public cable, or any other media, in order to bring home the message that the investigation was procedurally flawed or poorly executed is important. The ergo is that the investigation must be reopened, because the process was flawed or not followed, is key.

TActuic 3. Besides the media, arrange among your supporters an organized message to their government representative that their constituents feel the process was flawed or not followed, and that they demand a reopening of the case. This will bootstrap the local media play.

Remember, the strategy is to get full disclosure in one piece from one goverment source with authority, not chasing into spider holes. The goal is the get the investigation reopned.

Cheers.

Christopher King said...

Yes Michael and of course we are compelled to sit on our hands for a minute beause we are still awaiting the official results of the investigation.

And of course the video and a signature petition and a sit-in, bumper stickers, etc. to point people to the short film online are all in the mix.

Thank you for taking the time to read and to articulate your thoughts.

Aloha and namaste.

Anonymous said...

Lee:

As a great American and former presidential contender you obviously know your American history and US Constitution. I bet you even know that when Ben Franklin was asked by the media what had resulted from the first continental congress he said, with all seriousness, "A republic, IF YOU CAN KEEP IT!". The Franconia 5/11 tragedy is a microcosm of what is going on all over America, from the White House on down, where people with some modicum of authority, granted by "the people" assume that means they have the power to expand that authoirty at will. This is not what the Constitution says - quite the opposite. Indeed the framers were so suspicious of ambitious, power-crazed kings and governments that they created a 3 branch constitutional system, to check and balance each other, judging this the best way to preserve liberty and democracy, and prevent despotism.

So far as the people there know, NH still supports the Constitution and constitutional government. It has begun all too clear, however, from acts, talks and notes from some NH officials, that the Constitution, in the the words of that great constitutional scholar GW Bush (referring to warrantless wiretaps he wanted), the Constitution is "just a goddamned piece of paper". The police, AG, governor and probably other officials are the law over the people, and not, as the Constitution requires, the other way around.

In my opinion NH is the last place to try to pull such a coup over American liberty. It's the live free or die state - which should tip any mindful industrialist like yourself off. And, NH itself has a very unique state constitution, which provides that each NH citizen has a "right to conscience" against the government.
This right is so compellling and unique that even NH courts acknowledge not only does it plainly exist in the text, but it was clearly intended to be a powerful refuge for citizen thought and expression against oppressive government. James Madison felt the right was necessary for the US Constitution and proposed it there (9th Amendment) but those delegates were so afraid that the people might use it for rebellion if Congress became too dictatorial that the delegates watered the language down to what is there today - those rights no expressly granted to the US government, or to the states, are retained by the people.

So Lee, the video deal is to get all this very cool stuff about NH and US liberty and democracy on the table, where everyone gets a good review of how great NH and America were intended to be, and will be again, God willing, with the help of the American people, who love justice, and will fight for it, for the least of us. This is the only way, as Franklin suggested, we get to keep our Republic.

By the way, that Republic did pretty well by Chrysler when it needed a bail out, eh? Who says America cannot own a car company?
That may be a big part of the energy crisis solution. You lookin' for a new job?

Christopher King said...

The government probably didn't hang up on Lee Iaococca.

http://christopher-king.blogspot.com/2007/06/nh-governor-lynch-press-secretary-hangs.html

-c

Anonymous said...

Mike:

NH has been silent on "their" process. The point is that it has been all "their" process so far, with no input at all from the people, not even the legislature. Who is "their"? Apparently the AG and governor, who jointly and severally have authority to reopen the investigation. The AG, who needed what, nomination from the gov and 5 appointment votes from "electors" of some sort, has been most of "the process" so far, so you are right to call attention to a very unqiue, perhaps NH-only process (what other state crowns and empowers their AG thus).

But, what compels NH to have any other process? It's been around a long time, and on its face looks legal enough to the untrained eye. The federal constitutional issues of due process and equal protection open the door to more academic scrutiny, and maybe a court judgment that NH's process is not constitutional, but that will take years of litigation to solve (not that it should not be done).

So, I like your ideas for popular pressure on the AG and gov better. They have to answer in some measure to the voters, who, upon getting answers to Chris's many questions, will see they are not being well served. Many bloggers here get that already, but Chris's film will make this perfectly clear, bring in wider scrutiny (perhaps from around the world; human rights is a big deal today)and most of all create the groundswell of public education and supoort for reform that will prevent this from ever happening again, maybe in any state.

Liko would be very cool with that. In fact, he's makin' it happen.

Christopher King said...

Dear 7:42:

Just got off the phone with a certain well-known writer whose work will appear in a regional publication for August.

He wants to talk to Caleb and I am forwarding his email addy to Caleb's mother.

"Why isn't this just a simple case of police brutality?" he asked.

"Exactly," I said. Liko did nothing to deserve a beat-down and ironically enough McKay went right on past the pepper spray level and into ass-whup mode.

Behind the car.

This stinks to high hell.

-c

Michael Collins said...

7:42

I would bet there is no process to which to point. A tactical approach of petitioning the representative government to "open the kimono" and demonstrate that their oversight of this is sound and sanctioned places direct pressure onto people who owe us their jobs and who can and should go on the record one way or another in this matter. And, from a collaboration perspective, its not a personal attack that makes a rep wonder "am I next?". Its the process. We demand to understand the process and critique it. The rest comes naturally. I beleive more progress comes via persuasion rather than threatening rhetoric. Be organized, be principled, be all the things we expect our government to be. The "us versus them" disappears and we act consistent with our rights to self govern. As the Constitution says, we act.

Christopher King said...

Michael:

Yes, Brother, and people are taking note, from the add-in I put on this post:

"Fact of the matter is, a very highly-respected writer on deadline for August publication for a Big Monthly said to me an hour ago after watching the 2003 video

"why isn't this shown as an example of police brutality?"

Christopher King said...

Dig this:

Anonymous has left a new comment on your post "KingCast gives credit to Kravetz, Puffer, Sansalon...":

Yes, where is our Governor that so compassionately stated that such incidences tear at the very fabric of our community and the state at large.

The Governor and Ayotte have taken this horrible situation and made it far worse than it was to start with (and that was pretty bad). Who are they trying to serve? Where is the help for Franconia to heal? Each new step they take deepens the wounds and broadens the chasm from the tragedy and longstanding problems that already existed.

The mental image I have about their actions and how it has affected the citizens, is of a lion with a small animal in the grips of it's teeth, thrashing it back in forth in an attempt to kill it.

How far are they going to go? How much more damage will they do to the already mangled community by lying, spinning and withholding the truth?

I beseech you Governor Lynch and Ayotte to do the right thing. Do the honest thing. Have integrity.

In the words of Liko Kenney:

"WHY ARE YOU DOING THIS?", "YOU DON"T HAVE THE RIGHT TO TREAT PEOPLE LIKE THIS!"

Anonymous said...

Mike:

BUT BUT BUT........
Chris has been asking these NH pols to open their kimonos and anything else they got from day 1 and he gets hung up on, delayed, and a 2003 tape for a 2007 problem, etc etc. You think THESE people care about process? Sorry bud, as far as I'm concernd they're all GW Bush era crack heads thinkin' we're more stoned than they are. They AIN'T gonna care squat about no process, and they "don't need no stinkin' badges" either. Actions don't lie.
besides, they know they got no case on Liko and now that they've stepped on their d**ks they got nowhere to go but denial.

Anyone know what tribe Liko decsended from? Bet they'd take an interest in the case, and even pony up some dough for justice if they got a casino.

Michael Collins said...

Chris is one man, one voice, one vote and has little leverage. His methods seems to come as demands to have something done by date x, without a stated purpose that can crystalize a movement. Honestly, I would not take Chris King seriously if I were Ayotte. I would take an organization of voters seriously, however, with Chris King as a member of the leadership team. Provide a viable stance that says, "we demand to understand the process in order to properly judge this matter". Not a shotgun approach that makes the issue "why didn't she return my call", but an approach that embodies principles that leaders can either accept or be forced to reject on record. And repeat it again and again. Chris is doing fine work, but the thoughts are all over the place here, how the cops suck, what a jerk McKay was, the character of this guy that killed Liko. etc. They are likely relevant, but not at this time. Focus on pressuring disclosure on the people who hired Ayotte. The clerk at the DOJ is not getting it done. Ayotte wont talk to King. Chris is trying, but I dont think he can organize from his blog. Effort and activity are one thing. Without focus, there will be no achievement. Ayotte gains nothing by talking to one man. She will hear it when the reps hear it.

I of course stand here critiquing, and am not invested in the process. So I will shut my gob, and wish you luck.

Christopher King said...

Dear 10:13

Ayotte didn't take me seriously before and I spanked her behind and those of Chief Dunn and Bill Albrecht.

And I'm hardly coming alone in this process; we're all just laying low until the evidence -- or at least parts of it -- is produced on Monday.

Read the comments to this post:

http://christopher-king.blogspot.com/2007/06/kingcast-presents-just-facts-just-law.html

We are coming together soon to organize, so relax. Things take time and much of what I am doing is setting an evidentiary path for the family attorneys so they can show a pattern of deceit and failure to follow their own principles of effective government.

You don't have to shut your gob, just be patient.

And just as I used this blawg as a database for issues documents and points in my recent success against Dunn and Ayotte, it will serve a similar purpose here.

Just run a word search.

Also I am documenting how media is mishandling this situation, which is going to be an interesting study for years to come. You know my roots are in journalism so that's only fitting.

BTW I posted the Franconia Right-to-Know cost sheet:

http://christopher-king.blogspot.com/2007/06/kingcast-orders-documents-finally.html

*******

And I continue to give information to two writers of major publications so that will help galvanize support even beyond the region when that hits.

All things in Due Course.

Christopher King said...

Also Mike, remember it's going to be huge that Ayotte hasn't responded to any inquiry about when the "investigation" was concluded, and I've got all kinds of emails over that.

If it wasn't huge she would have answered my questions.

The lawyers will have a field day with that, and it goes DIRECTLY to process.

Signal-to-Noise ratio might not be to your liking, though, but that's my style. I have fun with it.

Muhammad Ali had Rope-a-Dope, Franconia's got KingCast.

Namaste.

Doubting Thomas said...

Mike:

Don't apologize, you're right on the money with your critique. I don't question King's desire to get to the truth of this matter but in the meantime it's all about him, repeating the same posts over and over (and over and over) and "demanding" that people respond to his imposed deadlines.

You'll read all about how "major" media and "well known" writers are all about to pounce on this story (all as a result of his efforts of course). In the end you've got a bag of hot air.

As for all of his bragging about his legal and journalism expertise, kicking this person's or that person's ass etc., I know exactly what his posturing will yield in the long run.

Absolutely nothing.

Anonymous said...

Doubting Thomas:

"Absolutely nothing," you say.

Well, lets hope you are wrong on that. Many of us following all details (and looking for real information) on this case from Day One found this blog-site because it it the only place where the State's simplistic comic book story of hero cop and passerby vs. "high school dropout" troubled kid is being challenged.

As has been cited on these pages several times (yes, and at times repetitively), the facts (filtering out the hearsay, of which there is plenty in Franconia, and much very unflattering to the character of Cpl. McKay) of this case do not make sense. E.g. the fast ruling of justifiable homicide of Liko, as he sat at the wheel of his car, with a passenger sitting next to him.

E.g. the conflicting version of whether Liko, instructed by Franconia officials to ask for a backup officer if encountering McKay, did so, how many times, before he (foolishly, IMO) drove off after McKay's initial stop.

The reason for the initial stop (various versions were given).

Basically, what needs full explanation:

1. Did Officer McKay adhere to departmental procedures on the evening of 5/11? Explain the actions and his procedures.

2. Provide full explanation of the basis of ruling the subsequent homicide of Liko Kenney to be legally justified.

There are others, but these are my main issues with the case. Until they are answered, in my mind at least, the State Attorney General has failed to live up to the Department of Justice's Mission Statement in this case.

LS

Anonymous said...

Thomas:

Read your Margaret Mead, dude. She said it always takes a few idealistic and maybe even crass knuckleheads luck us posters to accomplish any progress against the grain. She made a living doing it, so I guess she would know.

You go Chris King. History and Liko are on your side, man. You are diggin' for the truth and the truth ain't no posturing.

And it's plain McKay was working the McKay law, not the Franconia law, or NH law, or US Constitution law on 5-11, so why the fuss about
"proper" police procedure. You need a reason to stop a car in Amerika, and the NH top cop, Ayotte, cannot cite even ONE that applied to 5-11.

And if you late posters are unaware, NH's case will crash big time when Caleb Macauley makes his case that he was unlawfully policed, assaulted and battered by McKay, at least assaulted by Floyd, and assaulted and battered by the back up cops who maced him repeatedly when he complained Floyd murdered Liko. Before you dismiss this "hearsay" consider that NH has not refuted one of Chris King's alleged facts; not ONE. You think NH would release a 2003 tape if the 2007 tape and other 2007 evidence makes their case? They are not stupid. They know releaseing the 2003 tape looks bad, but it's their best shot to defend THEIR posturing (defame Liko; bash the vicitm; avoid all public review and scrutiny to date; and that is all THEY have offered the thinking public.

We may never get all the facts by legal process in the case. Lawsuits will not bring McKay or Liko back, and the private parties ad Franconia have great incentives to settle before trials, so we are left with reports from Chris's friends and contacts.

The ongoing crime here is that NH, for poltical reasons, will not prosecute shooter Floyd, a convicted drug felon who the state by its own admission knows owns guns, a crime under federal law, who will not hesitate to threaten police with murder by gunshot, and who could not have known whether McKay was dead or alive when he became Liko's judge, jury and executioner, who only the NH AG, and not a jury of Liko's peers, judged to be "justified" in his illegal possession and use of a gun, and his murder of Liko Kenney.
These are more than the likely the true and only important facts for the public, whose safety interests remain in the hands of self-serving political appointees and officials and their spinmeisters.

Anyone with common sense and decency can see the state has dug a hole for itself trying to exploit McKay's death for its own purposes at Liko's expense. Good government is open and transparent, and need not fear the truth. ANY time the government does not offer a logical and open discussion of what it knows and when it knows it when people get killed in a government induced event (traffic stop)it means the government is wrong. Don't kid yourself otherwise.

Anonymous said...

To all of you hippies in Franconia, All the protesting and sit-ins and marching did nothing to curtail the government. The government is larger now than it was in the 70's. All your sword rattling now will amount to nothing. Until you see McCauley's statement, you need to keep your mouth shut. You don't know what happened. Only three people were there. If MCCauley is now telling a different story of the events, he might be facing criminal charges. So don't put words in McCauley's mouth.

Anonymous said...

9:10,

Go find something better to do. No one is listening to you.

Christopher King said...

9:10

We are all well aware that the government can crush people. Tell us something we don't know. We all remember COINTELPRO too, and if that's something you're into, then you're a hater, pure and simple.

Stand up and take a bow.

And obviously you speak as if you have seen the file.

No matter what happened that night we will all correctly wonder this, as we read about another incident of mace-happy McKay and a 110lb blonde woman:

http://christopher-king.blogspot.com/2007/06/kingcast-watches-truth-come-out-about.html

And I encourage reporters, including AP reporter Beverly Wang, to get on point and start asking the questions that really matter.

Please allow me to help:

"Was Bruce McKay involved in the application of excessive force in 2003 in the woods with Liko, or with that 110 lb. blonde woman, or in 2007 with that Big Bad Tahoe before he and Liko Kenney left this Earth?"

and:

"Did the town of Franconia have actual or constructive knowledge of these instances of aggression yet fail to take appropriate action?"

Christopher King said...

Hey 3:09

As far as the upcoming stories you say:

"Bag of hot air?"

Please. You need to relax. Magazines have deadlines and I told you both of them are coming up in August, and I'm not going to divulge who they are at this point because that might in some ways compromise the story.

But these are major players.

Take a chill.

I am.

Oh, and the repeating thing is largely because many people are coming in new to this blawg and they need to see the history of what happens when you challenge government.

My life and my clientsl lives are good examples of that as Attorney Gilbert noted:

http://christopher-king.blogspot.com/2006/01/preamble-to-american-lawyer-1.html

Namaste.

Anonymous said...

There are two wow gold very good games Web site, the site wow power leveling of a high degree of credibility, good power leveling quality and have a good trading platform, we can wow powerleveling have time to look at.