Dear New Hampshire Supreme Court and Right to Know Association.
Please consider this ethics complaint against New Hampshire Attorney General Kelly Ayotte and Jeffery Strelzin with the utmost of your energies because it involves the investigation of a double homicide involving New Hampshire Law Enforcement Officer Bruce McKay and a special young man named Liko Kenney. Connie McKenzie, the property owner who attempted to help save Officer McKay's life told ABC News,
People didn't trust Bruce McKay and they didn't like him. Heck I was afraid of him. You know when a police officer gets shot, it's a big deal. I understand that, but I want people to know that we loved that boy Liko. He was our native son. I don't want him to go down as just a cop killer. He was full of life and articulate and funny."
I have spoken with Nashua Police Lieutenant Tim Goulden about this matter, and we both concur that it is a tragedy of epic proportions where now two men who both had much to offer the community are dead and Gregory Floyd -- a man with an extremely checkered past with drug and weapons violations -- was absolved by the NH Attorney General of any and all criminal wrongdoing against Liko Kenney and Caleb Macaulay within approximately 24 hours. The missing evidence I am about to detail might have a bearing on that determination and the public has a Right to Access it, and it should have already been provided. Period.
Over the course of the past several weeks, we at KingCast.net have attempted to obtain a full set of records, including all relevant video and audio that might help us track this case, in light of the Preamble to the Act which provides "Openness in the conduct of public business is essential to a democratic society," and Article 8 of the NH Constitution, which reads, in pertinent part "... The public’s right of access to governmental proceedings and records shall not be unreasonably restricted." Attorney Ayotte has written to me on prior occasion involving the New Hampshire School Boards Association (NHSBA) and Right-to-Know, so I expected a thorough response to my inquiry to Attorney Strelzin -- copied to Attorney Ayotte -- in which I requested to know why there were only six (6) CD witness statements listed on the Right-to-Know order sheet. Attachment 1, order sheet.
Attorney Strelzin, with the implicit support of Attorney Ayotte under respondeat superior and other legal principles of agency, made the affirmative misrepresentation that the reason there were only six (6) CDs is because,
"Some interviews were not audio recorded and are memorialized in report form, which is why the number of actual interviews exceeds the number of audio CDs available."I responded thusly:
Indeed. What or who determined which witnesses were audio recorded? 'll be checking to see whose interviews appear somewhat buried in the 1,000 page report,"
as noted in the 24 June 2007 entry entitled, "KingCast presents: Update on RSA 91-A materials from NH AG Kelly Ayotte in Franconia shooting tragedy," on Chris King's 1st Amendment page. Attachment 2, 24 June 2007 email chain.
In point of fact, I had known for approximately one month that there were other digitally-recorded interviews, and it took me all of 9 minutes to sift through the 1,000 pages of investigative materials in order to find that Charles Herbert, who was with Sam Stephenson, was indeed interviewed at his home on 12 May 2007 at 0128 hours and that it was
"digitally recorded....and held in evidence at the Major Crime Unit," because HERBERT "is one of the first civilians who arrived on scene and observed the scene prior to the other responders. HERBERT also provided background information on both McKay and Kenney.
Attachment 3, Investigation Report.
With all due respect, Charles Herbert's name is only mentioned once or twice in the AG's 43 page report, and we all know that it would be criminally negligent not to audiotape ALL primary witnesses to a homicide. As such, I requested the names of all persons who have been digitally or otherwise taped and Attorney Strelzin requested another five (5) days to respond, but really he doesn't have that option now, having materially misrepresented what was available in the first place, and I know there are more taped interviews. Even if there were not, I am entitled to Mr. Herbert's taped interview immediately. I wrote him:
"You do what you have to do and I'll do what I have to do."
Attachment 4, 27 June email chain.
I find that that Attorneys Ayotte and Strelzin's conduct violates the following ABA Disciplinary Rules of Professional Responsibility:
DR 1-102(A)(4) Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
DR 1-102(A)(5) Engaging in conduct that is prejudicial to the administration of justice.
DR 1-102(A)(6) Engaging in any other conduct that adversely reflects on his fitness to practice law.
To add insult to injury, Attorney Strelzin, on or about 15 June, 2007 attempted to prevent KingCast cameras from rolling footage in the lobby of the Attorney General's office, an area consonant with media activity. As a former AAG and newspaper editor I am appalled.
Please review these matters and contact me within the next calendar week as to your respective timeframes in evaluating and issuing a response to these issues. Should you need further information I will provide you with all of my records in this matter.
Very Truly Yours,
Christopher King, J.D.
Related KingCast video: "Live Revolution."