17 August 2007

KingCast catches another huge Kelly Ayotte lie before finishing the Franconia RSA 91-A Motion for Declaratory Judgment.

P. 42 of the Official Report:

"Floyd was unarmed at the time he witnessed Liko Kenney shoot Cpl. McKay and then strike Cpl. McKay with his vehicle."

No he wasn't. Or I suppose that bullet hole in the windshield just majestically got there, huh?

Caleb noted at p.682 “I saw him pick it up from his hand” (saw Floyd pick up McKay’s gun from his hand) and at p. 684 “He had picked up the gun, aimed it and Liko went like that….”
KingCast submits that Floyd did more than aim it, he shot it, and that is the windshield bullet that the Official Report declines to address. Once Liko knew someone was shooting at him gosh only knows WHAT went through his mind in the last seconds before his death. Floyd took a bad situation and made it worse.

“That guy I thought pretty much had the gun pointed at us before we even got on the road." RSA 91-A file p. 687

Then there is the matter of the Grafton Dispatch narrative at pp 382 and 391:

“One bald man standing over officer with gun,”
and
"Bald-headed man with a pistol standing over the officer."

That certainly is consistent with what Caleb said because it is likely that the witnesses saw this after Liko shot McKay and before they got pulled back and out from next to the gigantic front-loader that McKay has pushed them back next to. Please see the McKay tyre tracks. Attachment__

What Kelly said is entirely inconsistent wiith the contents of her own investigative files. Let me help explain, using Caleb at p. 687 and Gregory W. Floyd's own son at 91-A pdf page 745:

Caleb: "That guy I thought pretty much had the gun pointed at us before we even got on the road."

Floyd: "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."

Can't get away from that material inconsistency and that is all the more reason why the entire files have to be hosted online.

24 comments:

Christopher King said...

When I look at that picture of Kelly I no longer see a lawyer. I see a liar and a gangster, just as I quoted my boy Al Pacino in Carlito's Way to Sean Penn, as Lawyer Kleinfeld:

""You ain't a lawyer no more, Kelly. You a gangster. You're on the Other Side now.... a whole new ballgame. You can't learn it in school and she can't get a late start."

JP said...

LIKO WAS ORDERED BY A JUDGE TO HAVE NO CONTACT WITH BRUCE MCKAY ...

See page 362 RETURN FROM SUPERIOR COURT

"No inderect or direct contact with Bruce Mckay"

This was part of his probation!!!

Christopher King said...

I know.

I just didn't post it because I didn't want to steal the thunder from Mark Sisti & crew and thought they were going to file at the time and wanted them to go with it first. But I was going to put it in the Motion for Declaratory Judgment which is next week anyway and what the hell the cat's out of the proverbial bag now so let's have at it, shall we:

I'm surprised nobody has spoken about it yet; just goes to show that the best place to hide something is right out in the open sometimes :)

But remember this cryptic post with the picture of Kelly, the email to Attorney X and the toast?

At that point we had located it, the family knew about it, and yeah from that point forward I got even more smug about the RSA 91-A position than I ever had been before.

But if you read that email to Attorney X carefully it says:

"There was no court order prohibiting or even mentioning that corporal McKay could not stop or had to seek other officer's assistance." [Editor's note: She had better be sure about that].

I knew back when I jpeg'd that email from a very reliable source that the order existed and that her position was ridiculous: Obviously Liko was not ever going to willingly contact Bruce McKay for anything so any reasonable person would assume that at a minimum McKay should not contact him unless it was a truly exigent circumstance and that he should notify Liko that he was calling for another officer.

But instead, being the person with control issues that he was, as noted by the woman "TERRORIZED" by the penis-shaped knife -- McKay told Liko he 'did not have that option' which scared Liko even more because everybody out there already knew that McKay was a whacko.

And that's precisely why it was not "murder" for Liko to shoot McKay, as Kelly also said in her email to Attorney X, which is another reason she's toast.

This whole thing has been a travesty from the beginning. Go back to the "Bruce McKay played Cat & Mouse #2" post right here to see that Kelly has been shady all along, telling folks one thing one day and another the next.

But guess what?

I've asked her in a recent Right-to-Know request to identify which documents she has acquired since 22 May 2007 when I first wrote in to her, and which ones she has acquired SINCE that date.

She's tardy on her response and it's going to kill her no matter which way she responds.

Just like Shooter Floyd had a bead on Liko and Caleb "before they even got to the road" I've had a bead on Kelly since she gave Shooter Floyd a pass on 12 May.

Sometimes it just takes a while to get the perfect shot, you know "right to the pump" as Floyd would say.

Related post: Res Ipsa #1.

Christopher King said...

Now of course Kelly's going to argue

"Well the terms of the probation had expired," so Liko no longer had that right, but at what point does it get ridiculous.

Any idiot can see that McKay had issues and as the one with the badge and the weight of the State he had the bigger responsibility to de-escalate the situation and not put Liko in a trick bag.

What would have been wrong with saying:

"Hey Liko I'm just gonna' give you a ticket and you'll be on your way," or "I'm going to ticket and tow you and you'll have to walk home" -- 800 feet away.

Nothing.

But then again nothing would have been wrong for him to tell Ms. B what he was doing with that knife near her privates, either.

Christopher King said...

Oh, then there is something else odd about the file that I have not been able to figure out and that is how Jamey Brooks (who authored the successful Motions to Suppress in the Fox Hill episodes) became separated from Liko and Gerard Boyle, now a Concord Judge, became counsel.

That's not readily apparent by the documents online and I never got over to Superior Court, just to Littleton District.

Peace.

br said...

Hmm. I find the probation condition argument pretty weak. By that argument, any time anyone had a probation condition that they not have contact with someone else, that condition would extend in perpetuity,? Sorry, but if that's all that was out there, and there's nothing additional from the court, it's pretty darned weak.

Christopher King said...

I would disagree, but whatever.

Try this:

In it, she represents that “the witness statements were all consistent in describing Mr. Floyd’s actions (including the passenger in Mr. Kenney’s car).”

They are not. To wit:
a) 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.....

Note: This reads just a bit like a Fairy Tale to the undersigned’s evaluation because it is:

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."

But let's address 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,” from inside the car. But the Official report does not address that fact other than as a narrative comment because that would ruin the entire notion that Floyd spoke before shooting.

Here is what Gregory W. Floyd said:

Page 20/1,000:
"Did you say anything before you fired?"
"No, I didn't"

Here is what Caleb Macaulay said:

Page 11 of official report: "
The man said nothing before he fired."

Here is what Junior Floyd said:

[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."

The undersigned litigant does not see where there was any room for dialogue in this sequence

b) The second shot through Caleb Macaulay's open or closed window.

Petitioner restates all previous allegations as incorporated herein and states further:

Caleb:
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."

In fact the Court can clearly see Caleb's window up at 19:15:37 as the Tahoe ramming starts, and see that both of Liko's hands are in the air in a classic "Stop it, panic" 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 certainly were not having much of a conversation.

c) It gets worse. Here is p. 42 of the Official Report:

"Floyd was unarmed at the time he witnessed Liko Kenney shoot Cpl. McKay and then strike Cpl. McKay with his vehicle."

No he wasn't.
What Kelly said is entirely inconsistent with the contents of her own investigative files. Let me help explain, using Caleb at p. 687 and Gregory W. Floyd's own son at 91-A pdf page 745:

Caleb: "That guy I thought pretty much had the gun pointed at us before we even got on the road."

Floyd: "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."

Defendant Ayotte cannot get away from that material inconsistency and that is all the more reason why the entire files have to be hosted online.
d) The representation that Liko Kenney murdered Bruce Mckay.

This Court and the undersigned litigant are well aware of the statutory and decisional case law on what constitutes murder. Unfortunately for Defendant Ayotte, Liko Kenney’s state of mind, as witnessed by the passenger in his car who allegedly supports the State’s position was as follows:

"Just to see the fear in his eyes, how scared, he was, he wanted nothing to do with this and it turned out so bad in both ways," said Caleb Macaulay, who was in the passenger seat when Liko Kenney's shot Cpl. McKay four times and then ran him over Friday night. "He was a great kid, he really was, we were just trying to get home. I've never seen him so scared in his life."

The video is available at:
http://wbztv.com/local/local_story_134194214.html

And frankly now that the undersigned litigant knows Caleb Macualay and the facts of this case and the facts about Bruce McKah over the years he cannot watch this video anymore because it is too disturbing.

Christopher King said...

And BR, you have to ask yourself, what is it about a cop that could be so bad that MANY people of the town would roll their window up on him?

You should have seen Sam Stephenson describe it to us in his interview. Whrrrr...click! He made the sound so awesome when he described how his brother Tim would do it.

And Ms. B told her daughter "Look, don't roll your window down, this guy is nuts."

Liko rolled his window down and look what happened. A plume of mace to the face in violation of town policy.

And Ms. B told me "if I had ever got stopped by McKay again I would call 911 and take my chances running to Littleton."

********

Come on man, the problem is much bigger than Liko, but it took him to raise it, sadly because Montminy and the Selectmen just didn't give a damn, and they STILL DON'T, claiming that McKay's background and file aren't germane to going forward.

I'm about to make it germane next week you can bet on THAT.

Christopher King said...

But you just made the Motion for Declaratory Judgment because I'm putting my second response to you in it right now.

Peace.

Christopher King said...

See that is the beauty of, and the whole point of this blawg:

You get to stand in front of a very hot bench and field questions so that you can get your sh*t together before you get it in Court.

It's a wonderful thing.

br said...

Chris, I completely know about McKay. I do. I'm with you on that. I'm completely with you on the Floyd contradictions, too. I'm the one who initially asked the question about how the elbow could be on the throat if the window was up (though I was posting anonymously then). You don't need to convince me of either of those things.

I'm only saying that if a 4-year-old probation condition (when was the probation over?) is the smoking gun that "proves" that Liko had the legal right to ask for another officer, unless there's something extending that condition beyond probation, I'd be very surprised if that would stand up in court. It would set quite a precedent for everyone else in this state whose probation has been served, and who had similar conditions.

Christopher King said...

Oh, right on.

I hope you didn't think I was harshing on you.

My point is that for Kelly to represent everything so matter-of-factly to Attorney X is reprehensible.

BTW here is your section:

"C. NH AG Kelly Ayotte’s affirmative misrepresentations, Franconia Policy and the 2007 Arrest using deadly force and OC spray.

i. The 15 May 2005 email from Defendant Ayotte to Attorney X.

At the outset it is crucial to note the presence of a certain email that Attorney H.B. forwarded to Plaintiff in June, 2007. It appears in its annotated form at Attachment ___ and contains material misrepresentations and very questionable shading by Attorney Ayotte to Attorney H.B., himself a former Assistant Attorney General.

This is crucial because Defendant Ayotte still has not provided the email and correspondence file between her office and Attorney X, which is now ripe for Declaratory Judgment. In her email, she represents:

“First of all, there was no Court Order even mentioning that Corporal McKay could not stop Liko Kenney or had to seek other officers assistance.”

That’s a very slippery statement because there was a Court Order from the 2003 plead/conviction that specifically Ordered Liko:

“No indirect or direct contact with Bruce McKay.”

So while that was a probationary sentence it certainly gave Liko the right to request another officer during his probation, and it is further underscored by the fact that many other people in Franconia were similarly afraid of Bruce McKay and either did or would have taken similar action.

In a blawg response to a legitimately concerned poster “BR” who has been following this matter, the undersigned litigant wrote, on 18 August 2007
“You should have seen Sam Stephenson describe it to us in his interview....... "


Peace always, BR. We'll see where it all comes down.

The new Motion will be up in an hour or so, much cleaner than my rush-rush promised midnight one last night.

But I HAD to do that. It's the only way things get done :)

Anonymous said...

br, consider what this kind of order means, the existential weight of it, if you will. The judge Ordered Liko. Ordered him to have no contact with Bruce. An Order.... if it ends for the state and the state knows it's over, How does Liko forget this Order-- Was he notified to forget, or disregard the Judges order-- not to have any contact?? I am positive that Liko never wanted to be contacted by Bruce McKay. Furthermore I dont believe Liko is lying when he calls McKay a fucking faggot. It was this kind of contact Liko never wanted. again.

br said...

Liko would have known that he was no longer on probation.

And seriously, Chris, is it really necessary to refer to posters on your blog in your motion? Personally, I'd prefer to be left out of it, tyvm.

Anonymous said...

I think McKay's actions show that probation never ended for Liko

Christopher King said...

BR,

If you don't want your handle used, I'll take it out.

Didn't think it would matter.

10:37

Exactly.

I'm just now going to insert Caleb's comment about not striking McKay and post in in a new post.

I am so proud of what all of us have done here, despite the ups and downs (and the trolls) I know Liko would have it no other way.

Watch for it by 3p.

Namaste.

Anonymous said...

CK, I don't know if this is material or not but on pdf page 336 of the full report you hosted online, there is a narrative from grafton dispatch.

Note that narrative 5/11/07 1817 henson, richard that reads:

911 calls ref officer down from kinsman lodge reporting a bald headed man with a pistol standing over the officer. He has been shot

There you have it. Floyd had McKays gun in hand before Liko hit McKay, so the "gun didn't come flying out" or some such rubbish as Floyd spins.

I would suspect the time difference before Jr at 1814 "unidentifed male yelling..." and the 1817 on the time of the call I mention would be accountable by the fact of the time between what this person saw and then dialing 911 and getting thru.

This any help?

Anonymous said...

There it is again on pdf page 345

"ONE BALD MAN STANDING OVER OFFICER WITH GUN"

Christopher King said...

Yes, thank you.

I just inserted Caleb's comment that Floyd picked up the gun from McKay's hand, which flies against Kelly saying at p. 42 "unarmed."

This is exactly the sort of teamwork I envisioned by going public with this Motion.

Y'all are beautiful and I thank you.

Got the tinglies and stuff and now I'm crying again.

I'll post up the new motion in a few.

-c

Christopher King said...

It was that damn Macy Gray "my world crumbles when you are not here" that just came on the radio just put me right over the edge.

Christopher King said...

Wait a minute.

I can't find those passages.

WTF???

Can you call me at 603.438.8017 you can remain anonymous.

-c

Christopher King said...

Indeed, the anonymous poster has telephoned and I found it. I was using the right side pagination on each document and this individual was using the actual pdf numbers.

At any rate, the new Motion is up.

Anonymous said...

Liko shall have not contact with Bruce McKay, not the other way around. Same thing with restraining orders the defendant shall have no contact with the plaintiff, the plaintiff can call the defendant when ever. Very weak smoking gun, if not non-existant smoking gun.

Christopher King said...

If you believe that, then that's fine with me.

You just have to add it with ALL of the OTHER information you failed to address.

Meanwhile, here's an update on "THE HUCKSTER"

Oh, and to address the Huckster once and for all:

I told him what the $500 was for; here's the email.

I am almost POSITIVE I forwarded this to him after I sent it to Attorney X. I didn't misrepresent anything to Attorney X so why would I do so with Attorney X?

Answer: I didn't.

Namaste.