As I continue preparing for the Mandamus Hearing, I can't stop thinking about what my lead event is. The lead language will be "May it please the Court: Mandamus is an extraordinary writ, but this is an extraordinary occasion: Perhaps the most ineffective or deceitful homicide investigation that New Hampshire, or the World, has ever seen."
Then I go into Kelly's affirmative statement to Attorney X in which she makes the affirmative misrepresentation that
The witness statements were all consistent in describing Mr. Floyd's actions (including the passenger of Mr. Kenney's car).
Let's examine the relevant statements then shall we? Taken primarily from the 7 July 2007 "Here's your hero Kelly" post.
I. Floyd as having spoken with Liko or Caleb, as claimed in the curiously unsigned yet official report at p. 7:
"He told the driver to stop. He said to the driver "Stop." Put it down or you're gonna die;" and "Leave it alone you know you want to live." He told the driver whatever came into his mind.....
....and here's another Floyd Statement:
Pp. 867-868 of the PDF file.
A: "[T]his guy's trying to load and this guy's all mixed up or whatever so I kinda lean my elbow into his adam's apple and just shoot the other guy."
Q: "So you actually put the gun inside the window I mean is the window open?
A: "Oh yah the window was open."
Q: "Now I just want to clarify were you actually touching the passenger?"
A: "Yah... I was trying to stretch my hand in there and make sure [Caleb] stayed back."
Now let's get to the statements from Floyd himself and the other two witnesses -- which are definitely NOT consistent with that:
First there is the bullet through Liko's windshield "on bottom edge close to center." per p. 587 that was "recovered," obviously from somewhere inside the car; I have asked Attorney Strelzin from where and am awaiting his reply.
Now here comes Floyd:
"Did you say anything before you fired?"
"No, I didn't"
Now here comes Caleb:
Page 11 of official report: "
The man said nothing before he fired."
Now here comes Junior Floyd:
[Floyd Junior also as noted on 91-A pdf page 745]
"They had stopped in front of his arm the first time. They didn't actually hit the officer. Then they backed up to here and at that time my dad got out and tried to pull him to prevent him from running him over again" [KingCast says wait a minute: Run him over again??? There was absolutely nothing to keep Liko from running McKay over the first time -- but he didn't. Liko was just trying to get the hell out of there.] They backed up to here and the car went rushing forward and my dad shot at the driver and it hit him and made him stop. The front end of the car ended up over the officer's chest."
Doesn't sound like there's much time for dialogue there, does it? Also at another point in the bowels of his testimony, I remember reading that Floyd claimed Liko actually ran into McKay twice, striking him the first time while he was standing, which Junior AND Caleb both dispute, point blank. Small wonder I have to compel production of this material in Mandamus but that's what the Right-to-Know is all about, isn't it? That's why Kelly dodged John P's Right to Know request but I asked for a copy of their response because that's also a public record.
Held: As such, there was no discourse at all with first shot, so let's get on to Caleb and the second shot:
II. The second shot through Caleb Macaulay's open or closed window.
Petitioner restates all previous allegations as incorporated herein:
Page 672: "No, no, it was just - it was just pepper spray right away."
Page 700: "When I saw that gun I went down like this and that's all I saw and if I did not do that I wouldn't be, I wouldn't be here today."
Page 701: "He did, did he say anything?" "He said nothing. He started shooting." (Of course later in the interview Caleb is picking glass shards out of his scalp.
And of course, watch the video. Caleb's window is CLEARLY up, and the official report clearly notes at p. 26
"The passenger side widow was in the fully up position but the glass was in fragments."
Floyd p. 867-8 A: "Oh yah the window was open."
A total lie. In fact you can clearly see Caleb's window up at 19:15:37 as the Tahoe ramming starts, you then see both of Liko's hands in the air in a classic "Stop it, WTF????" gesture and Caleb's window is still clearly up as they roll out of view at 19:16:32.
If the window is closed Floyd and Liko aren't having much of a conversation then, are they? No, in fact Liko might have already been mortally wounded from the front shot, causing his car to careen into McKay where his scrotal sack was eviscerated.
Held: Floyd shot the window out without saying a word and Caleb ducked to avoid the shot.
PS: I love the fact that in the very first sentence Kelly says you can't believe what you read in blogs. No, Kelly.... what you can't believe is your official unsigned report. Believe this blawg because you will soon address -- in open court -- everything I just wrote, and then some.
Also: Attorney Mark Sisti should subpoena Mac's records to make certain they sold the alleged items to the Floyds that to my recollection included a newspaper and some milk or whatever, just to close that loop. It's a loop that must be closed, totally. If that's closed it hardly absolves Floyd of anything, but if it's not closed.......
UPDATE: Come to find out there was no written contract between Mark Sisti and the Kenney family but he held himself out as their lawyer to the exclusion of others.