Chris King's 1st Amendment Page

19 June 2007

Was Liko Kenney speeding or not? KingCast applies State v. Brendlin to Franconia shooting tragedy.

Yeah, interesting to note that New Hampshire's own Justice Souter held in State v. Brendlin that passengers have rights to sue for Constitutional deprivations when a stop was made without cause. Remember back in the Day, (specifically 21 May 2007) I asked the unthinkable:

What if Liko Kenney wasn't speeding?

Here's a link to the actual case, No. 06-8120. Remember, a full day after the shootings ABC News reported:
"....McKay turned on his sirens and pulled him over. No one seems to know the reason, Ayotte told reporters."

Exactly why no one knew is a tad puzzling because I have an email from NH AG Ayotte herself that reads in pertinent part:
"The majority of the incident was captured on video, including the initial stop and the shooting."

Anyway, a bad stop ab initio would give Caleb Macaulay certain rights to pursue an action against the State for the initial stop, the terrorizing Tahoe slam and for any untoward actions from officers that may have followed.
"Liko Kenney may have had some psychological issues, but he wasn't violent. People didn't trust Bruce McKay and they didn't like him. Heck I was afraid of him....These women, and others around town, described McKay as an overzealous cop who treated even minor infractions as major crimes. They said people complained about McKay to the local Selectmen and to the police department, but no one took any action."

Smells like negligent hire or retention, but then what do I know?

10 Comments:

  • McKenzie was driving back from town Friday when she saw that the road to her house was blocked.

    "Someone said there's been a shooting on your lawn. I looked at them. I just couldn't get it into my head. Then I saw McKay's body on the ground. And they had already started CPR but I came over to help out and pump his chest. You know what really bothered me, though, no one was checking on Liko. He was slumped over his steering wheel and no one came to look at him," she said.

    [Editor's note: Of course not. Police couldn't have cared less because Liko shot one of theirs, regardless of the circumstances].

    McKenzie lives close to the Kenney family and knew Liko well.

    "Liko Kenney may have had some psychological issues, but he wasn't violent. 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."

    [Editor's note: Oliver Ruff showed me Liko's books and of course when I saw he was reading the Bill of Rights and the United States Constitution I knew the State's smear campaign i.e. "dropout" was total bullshit.....] The books are here:

    http://christopher-king.blogspot.com/2007/06/kingcast-gives-advice-to-caleb-maccauly.html

    *********

    Mickey d'eRam, who stood outside the Floradale Flower Shop talking about the shooting with McKenzie, agreed that McKay often went too far.

    "This policeman harassed that boy. He knew what he was doing to him. He would always go after the kids. He would catch them speeding and act like it was armed robbery or something," d'eRam said.

    These women, and others around town, described McKay as an overzealous cop who treated even minor infractions as major crimes. They said people complained about McKay to the local Selectmen and to the police department, but no one took any action.

    *********

    KingCast says, there you go your negligent hire/retention issues, especially if there's something funny about why McKay left his last job. And wasn't there something about a domestic violence complaint that was withdrawn? If any of that is true, that goes to it as well.

    Remember, I worked in Employment Section of the Ohio AG's office, where I routinely dealt with harrassing employees who should be discharged:

    http://www.web.ucrc.state.oh.us/Abstract/Court
    /c0000093.stm

    Namaste.

    By Blogger Christopher King, at 7:16 AM  

  • "We think that in these circumstances any reasonable passenger would have understood the police officers to be exercising control to the point that no one in the car was free to depart without police permission, " Justice David Souter wrote for the court. During the case's oral arguments, several justices expressed that opinion."

    .....You can bet that Caleb Macaulay certainly wasn't going anywhere too fast with a face full of mace, courtesy MACE Master McKay.

    By Blogger Christopher King, at 7:46 AM  

  • the problem:

    (quoted, but i can't bold it!)
    These women, and others around town, described McKay as an overzealous cop who treated even minor infractions as major crimes. They said people complained about McKay to the local Selectmen and to the police department, but no one took any action.


    gratefully, these family/friends/citizens stepped forward, before and after the fact of the two shootings, to recognize and report their discomfort with officer mckay's way of doing business...to no avail. the system failed, as it was unresponsive, and the two parties headed further down a collision course.

    ms. mckenzie may be counted among those who is at risk for suffering from PTSD, having witnessed the immediate aftermath of the horror.

    the solution needs to come from the top down, and the bottom up....facts, information, truth. "...with liberty and justice for all".

    By Anonymous Anonymous, at 9:18 AM  

  • Exactly. It's all part of what should happen with Civilian Review Boards as well:

    http://christopher-king.blogspot.com/2007/06/kingcast-says-its-past-time-for.html

    ....and Governor Lynch needs to appropriate some local or get some federal monies for the healing because what happened out there.... is massive.

    But for right now I would settle for the NH AG's office to change its attitude about video publication:

    http://christopher-king.blogspot.com/2007/06/kingcast-says-its-past-time-for.html

    Namaste.

    By Blogger Christopher King, at 12:44 PM  

  • Mckay was 100 times more patient than any cop ive seen with this idiot. He WAS violent. From the 2003 stop he was violent. He bought that gun to kill in cold blooded murder. He never appeared scared in the 2003 video, belligerant and agressive is more like it. He wanted to kill Mckay, he acted like a spoiled child and didnt shoot him out of fear. Thank god a citizen confronted him and stopped him before he could kill anyone else who came between what he thought was his right.

    By Anonymous Anonymous, at 12:43 PM  

  • 12:43

    Ummm, what act of violence did Liko commit in 2003?

    He was just standing there, talking and correctly telling McKay:

    "You don't have the right to keep me here without a good reason.".

    Tell me where the footage segment is that where we can see Liko act violently in the 2003 issue, when the cops took him down -- BEHIND HIS CAR -- and away from the cameras.

    And of course he wasn't scared in 2003 because McKay and his buddies hadn't tooled hiim over yet. That was when they broke his cherry, and all of his friends told me that.

    Have you seen Caleb McCaulay's TV interview when he said "I've never seen anyone so scared in my life?"

    Namaste.

    By Blogger Christopher King, at 1:10 PM  

  • Nothing that transpired gave Loser Kenney any reason, legal or otherwise, to shoot a police officer, in the back or otherwise. The slant given to this incident is obvious. The only mistake the officer made was taking his eyes off Kenney and not having his firearm in hand.

    By Anonymous Bill Jordan, at 4:44 AM  

  • He shot and killed a police officer at point-blank range. What part of that don't you understand? That's second-degree, possibly even first-degree, murder. How do you defend anyone who's committed that? All these criticisms of McKay are meaningless; are they really here to attempt to justify Kenney's action? If so, that is just a total shame. It doesn't matter how screwed up Kenney's life was (surely it was) or how much McKay harrassed him (surely he did), though I will grant he crossed the line there. But are you really suggesting he did so to the point Kenney had the right to kill him? Wow. You're as scary as Kenney if you think that. You don't commit murder. It's really not that tricky. I mean, is it?

    By Anonymous Anonymous, at 11:54 AM  

  • in ga using a car on some one is an assault punishable to 20 year mace also an assault up to 20 years..if i was intimidated by a cop with god mantallity that does not know the law,abusing his powers i would have shot him much earlyer...say sometime in the snow field shovel pick axe shallow grave..to bad that officer had to learn his lesson from kenney..i would have loved to be there for that one

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