13 August 2007

KingCast present Motion Practice 601 #5 and says, "here comes the sunlight for Justice" in the Franconia shooting tragedy.

Yepper, here it is. I alway have been a reasonably gifted writer, but this case pretty much writes itself. And the beauty of it is, I could get hit by a bus tomorrow and there is now enough of this Motion online for anyone else to take it and run with it.

That's how you harness the power of the Internet, also as witnessed by Franconia resident Jeffery Jesseman coming forward with his open letter to Franconia selectmen and Chief Montminy this morning led me to really get cranking on the Motion tonight, regardless of whatever the Union Leader has said about me I ain't skeert of No Man :)

Related post: Motion Practice 601 #1, #2, #3 (with YouTube video), #4.

Related KingCast short film: "Live Revolution."

The full 2003 - 2007 Factual background is in the Comments section but I really love this passage about NH AG Kelly Ayotte's hero, Gregory W. Floyd.
How is that not potentially criminal menacing, especially given Floyd’s mysteriously dismissed charges for threatening a meter reader and then his negotiated plea to avoid jail time after he kneed a police officer in the groin when they came to investigate. See Attachment ____.

And what did he say about the police and the meter reader?

"If that pussy comes back or if I see him again I'll kill him..... I know you wear vests so I would have put it right between your eyes. I was sitting right on my ruger..... (then to his son) look at the fucking pigs, aren't they big men?"

Unbelievably, this Man is Kelly Ayotte’s hero and Good Samaritan.

Whew. 3:10 3:29 a.m. Time for bed. Here's my inspirational collage from this post.


Christopher King said...

Back in Columbus the hater establishment lawyers would come into court and complain to judges that "Oh, I got a voicemail from Attorney King at 4 in the morning, or an email from him at 3 in the morning, and blah, blah, blah...."


I work when I feel like it, and as long as I'm not calling their home offices (I wasn't) who gives a damn when I leave a message?

I'll tell you who gives a damn:

Somebody trying to hold on to those old powers-that-be and the Good ol' Boy network, that's who.

It was sooooo ridiculous, Lucy.

Christopher King said...

Oh, and speaking of getting hit by a bus, you know Kelly and I are neighbors.

I'll be a tad wary if I should see her name as a new addition on the Metro Driver line next time I'm out on the inline skates =^.)

Christopher King said...

I. The Unconstitutional Fox Hill Park Arrests of 2003.

In December and January of 2003 there were a series of Unconstitutional arrests at the trail head of Franconia’s Fox Hill Park. The arresting officers’ modus operandi each time was essentially similar, i.e. pull up and turn on the cruiser bar lights and/or blocking in the suspect’s vehicle with the cruiser before or without substantiating any probable cause.

Public Defendant James T. Brooks, with whom the undersigned has spoken, verified that he did author a Motion to Suppress that was used in three (3) such cases, with successful results each time, over the objection of one Bruce McKay.

The cases of State v. Nathan Wright 03-CR-109 and State v. William Miller 03-CR-012, 013, 029 were summarily dismissed by Littleton Municipal Court Judge Peter Cyr finding Civil Rights violations, specifically an Unconstitutional search and seizure. Attachment___

Liko Kenney’s case State v. Kenney 03-CR-197was dismissed by Officer Stephens before the Court ruled on it, but not before a ten (10) week delay in providing the arrest report to Attorney Brooks. Attachment ___

The exact same modus operandi was employed by the arresting officers which included in some fashion using the patrol car to impede or deny egress from the area and lighting up the vehicle with both the Patrol Car head lights and bar-mounted taken down lights

Despite that, and in spite of the fact that Liko told McKay:

20:48:00 "You don't have the right to keep me here without a good reason."

He was taken down -- hard at the direction of McKay -- who instructed the responding officers to cut their sirens for some reason.

Significantly, the driver and passengers in the Wright/Miller cases were smoking marijuana and sending odiferous plumes into the night air as one’s olfactory senses would indicate on close up, whereas Mr. Kenney was not. He was merely resting in his mother’s car, and that is why the possession charges against him were nol-prossed before Judge Cyr could get to it because that would have been a horrible result for the town: A use of force on an Unconstitutional arrest.

It bears noting at this time that six (6) weeks have passed since KingCast requested any documentation supporting McKay contention that Fox Hill Parks was a “suspicious place,” and as we shall see in the Public Policy Section of this Motion, a local resident Jeffery Jesseman has written Franconia Selectmen and Chief Montminy to demand an explanation because his property abuts Fox Hill Park, yet he was not given any notice of any alleged dangers lurking therein. Attachment___.

Moreover, KingCast has not received the police report or use-of-force report from 2003 arrest of Liko Kenney and it appears that no one will ever see those reports.

What KingCast cameras DID see, however, is this rather unflattering portrait of Bruce McKay:

"I hate to say it, but McKay walked around here like he was King Shit of the neighborhood.... [effin'] with people he didn't like...... and Liko showed him he wasn't."


"I always figured he would find [Officer McKay] dead by the side of the road... and if it wasn’t Liko it would have been someone else."

i. Missing documents and cruiser transcript evaluation.

A complete copy of the 2003 Fox Hill episode with a chain of custody intact from the Attorney General’s office to the undersigned litigant has been filed with the Court and the Court will find any transcriptions posited in writing in this Motion to be accurate.

That having been said, Plaintiff respectfully asks this Honorable Court to consider that more than six (6) weeks have elapsed since 2 July 2007 when the original KingCast request for supporting documentation that would tend to prove that Bruce McKay had any factual basis for his statement to Liko Kenney that he was “in a suspicious place at a suspicious time.”

Franconia initially attempted to charge overtime and has produced nothing. In the meantime Plaintiff himself acquired the rulings from Judge Cyr in Littleton District Court.

He was taken to the ground by three (3) grown men with guns, and Bruce McKay indicates that there will be a civilian complaint, however the use-of-force report from that incident remains missing. See correspondence file between KingCast and Franconia town and legal officials. Attachment___.

Curiously, McKay claims that he told Liko Kenney his name as noted at pdf file page____. However Liko is heard asking his name and continues to address him as “this or that officer” after more law enforcement personnel appear.

The following are almost 100% accurate transcripts of the 2003 cruiser video as provided to the Court which includes an interior discussion heretofore unseen by most of the Free World.

20:48:00 "You don't have the right to keep me here without a good reason."

At 20:54:30: "I am requesting police assistance... You're torturing me... why are you harassing me? Can't you go arrest a drunk at a bar or something?"

Approx 20:55:00 "Get back in your fucking car," says McKay..... "Maybe you need to go back to school......" "You're in a suspicious place at a suspicious time.”

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."

21:04:01 - "You can't pull people off the street and put them in handcuffs and drive them around for no reason." [comports with Judge Cyr’s ruling].

21:05:46 - "I was sitting in my car resting before
driving home and now you've done this to me for no reason." [comports with Judge Cyr’s ruling].

"You're resisting arrest."
"I'm resisting torture. You punched me in the face you hurt my injured neck you hurt both of my arms you hurt both of my legs all because I asked you a question." "You grabbed my testicles, correct?"
"I grabbed your testicles, hell no.
"[McKay laughs, does not say 'yes you did.']"
"You threw me to the ground and put your testicles in my face you fucking faggot."

21:15:00 - "Why am I in handcuffs?" "[Officer Cox or Ball] Because you resisted arrest." "Why was I being arrested, why?" "[Officer Cox or Ball] I don't
understand what the original offense was." "That's
because there is no original offense." [comports with Judge Cyr’s ruling].

21:15:30 - "He punched me in the face and you and him both saw him punch me in the face and you both are saying he didn't. I'm being beat up IN HANDCUFFS by 3 adult armed men who all have guns and I have NOTHING."

21:______ – “I am a mental health patient.”

With all due respect the Court should realize that such is now the mind frame in which Liko Kenney spent the last four (4) years of his life: That of being subjected to an Unconstitutional beat down by Bruce McKay, a man with a gun and a badge and whose full personnel file the town of Franconia is assiduously trying to hide, in direct contravention to developing case law in New Hampshire and well-established Statutory and Decisional Case law in other Jurisdictions, as shall be noted in Section IV, Law and Argument, infra.

II. The 2007 Arrest using deadly force and OC spray.

Plaintiff has provided this Honorable Court an actual copy, chain of custody verified inasmuch as it can be after it reached the undersigned litigant at Appendix B.

In addition, there is a reduction and summary, using exact quotes and identifying page numbers, of the events of 11 May 2007 at Appendix C.


There is a short version of the shooting time itself, at Appendix D.


The most important thing for this Honorable Court to consider is that Defendant Ayotte intentionally misrepresented the material aspects of this case to the general public as noted in this Boston Globe story and as noted in the email to Attorney X at seen at Appendix E.


Let us keep in mind that in the course of the past several years, according to neighbor Connie McKenzie, Bruce McKay would drive his cruiser onto the Kenney property, fully a ¼ mile off the road and in another jurisdiction, to shine his high beams on the cabin in the evening, knowing that Liko was highly emotional and a mental health patient. The undersigned counsel did discuss that with Ms. McKenzie after she telephoned him in May or early June.

Let us keep in mind that Liko knew that McKay had scared Tim Stephenson out of town with the admonition that he would do whatever it takes to get him out of town.

Let us further keep in mind that just prior to 11 May 2007 McKay traveled to a hearing in which he had no role whatsoever, and told Liko the same thing.

And Let us further keep in mind the use-of-deadly vehicular force guidelines for Franconia and the use of Pepper spray guidelines that state.


i. On ROUTE 116:

On 11 May 2007 one of Liko’s cars was one day past its grace period for inspection/registration, so Bruce McKay pulled him over. On information and belief, these two men were not to have any contact unless absolutely necessary.

As such, Liko requested another officer, and Bruce McKay, who knew that Liko was a mental health patient from their 2003 encounter, called for another officer but DID NOT inform Liko that he would do so and DID NOT inform Liko why he was pulling him over. He only told Liko that he did not have that option.

Over the course of the past several years, McKay would pull his cruiser deep into the Kenney property to shine his lights on the family house. The neighbor who tried to revive McKay from her lawn said she could “set her clock by it.” Alas, Liko lived in Easton and not Franconia (where McKay was employed) and that house is set off from the road approximately a quarter-mile.

Liko telephoned a family member 3 times but did not reach anyone, so according to Caleb Macaulay he left for Tamarack Tennis Camp, just down the road, which his family owns and where he lived, to get some witnesses.

He was not driving fast and was wearing his seatbelt, as he was when he died a few moments later. Please review the taped interview of witness Susan Thompson at Appendix ___

"The grey car was not going fast. I thought [McKay] was trying to get around it [for something else]. He made several movements (her daughter called it a "10-point turn" in her interview) to come nose to nose now facing north.... [McKay] pushed him and kept pushing him down (into the gravel area) dirt flew back the police car pushed him so strongly and just kept pushing and pushing and pushing until the grey car was beyond my view."


Caleb and Liko petitioned Gregory W. Floyd to stay around as witnesses and Caleb said that he thought he had made eye contact but Floyd did nothing at the time. Appendix__ citing to p. ___.

As we know, McKay then used his Tahoe, a 5,550lb tool of deadly force, to bash Liko’s little Toyota back. Please see the side view and rear view pictures showing part of the ruts from McKay spinning his tyres as he pushed the young men back out of view near the front-end loader. Careful viewing reveals Liko with both hands raised to his head, palms out in a gesture commonly recognized as being scared and confused.

When being questioned Caleb Macaulay makes it clear that it was a substantial slam for a vehicular registration issue:


Next McKay alighted from his vehicle and without saying a single word or issuing any command or directive, empties a can of OC Spray into Liko’s face and front passenger compartment. Liko’s head does not move the entire time and he appears to be in shock.

A reporting officer noted that Liko’s whole face was discoloured because of the sheer amount of pepper spray, a fact that NH AG Kelly Ayotte’s apparently unsigned official report as the autopsy fails to disclose. See RSA 91-A p. 455. Officer Blanchard says "he had a brown complexion all over (emphasis added) his face and part of his neck."


This is where the bullet in Liko’s windscreen becomes of paramount importance, especially because NH AG Kelly Ayotte’s official report fails to address that bullet in ANY substantive detail, nor does it substantively address the two bullets that Gregory Floyd shot that ended up in a toolbox and through the window of the Mckenzie home as noted at pp. 26-27. It should be noted that Ms. McKenzie, who has telephoned the undersigned litigant, was quoted in an ABC News story that even she was scared of McKay as follows:

“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."

Floyd undoubtedly rained the first shot down on Liko’s windshield as the effects of the pepper spray begin to take hold as Liko pulled out of the lot. See bullet holes at Attachment ___.

At that point, according to Gregory P. Floyd, Liko DID NOT strike the fallen McKay with his car, but rather stopped and backed up, then began driving forward, probably to get to Tamarack WITHOUT running McKay over. Here is EXACTLY what Gregory P. Floyd said at 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."

His comments were supported by Caleb Macaulay who said:


In fact, the ONLY person who claimed that Liko ran over McKay before a shot was fired at his car is Gregory W. Floyd, but as far as his credibility, let’s start with his criminal background for PCP sales/production and his attempted assault of an officer by kneeing him in the groin. Investigative files at pp._____

Moving on from there It should be noted that Floyd told Sam Stephenson that he had done three (3) tours of Vietnam, which is impossible at 49 years of age. Sam Stephenson’s audio interview, and two others, were not provided until the undersigned litigant issued the Ethics Complaint seen at Attachment___.[1]

Next we come to the shots fired through the Caleb Macaulay’s allegedly open passenger window and the discussion that Floyd claimed to have had with Liko as he "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.....

With all due respect, that reads like a Fairy Tale because it is:

Again, First of all, Floyd likely said nothing before firing the first shot through the windshield, and if he did how would Liko have heard it?

Second, that window was closed when Floyd shot through it because we know that even the official report notes that the window was fully up but that the glass was “in fragments.”

[Official report at p.__]

We also know that the window was clearly up when the car left our view at _____ of the video and we know that Liko did not get any shots off after he shot McKay and there has never been any contention that Liko shot the window.

Lastly, we know at p. ___ of the pdf. Files that Caleb Macaulay is picking glass shards off the nape of his neck and scalp so obviously Floyd shot through the window, which entirely compromises his credibility.

Caleb was very clear that neither McKay nor Floyd said ANYTHING prior to emptying pepper spray or bullets toward Liko at p. 11 of the Official Report:

“The man said nothing before he fired.”

Last but definitely not least (and perhaps most significantly, Floyd tells us at p.20 of another of the pdf. Files that he didn’t say a word before shooting.


That is significant because Caleb noted: “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

And lastly, Floyd was still pointing the gun at Caleb long after Caleb had alighted from the car and was known not to be armed or dangerous.

Interestingly, Floyd told Caleb to pick up Liko’s gun, which would have undoubtedly resulted in Floyd shooting Caleb, so he wisely declined to do so as Floyd threatened to “blow his fucking face off.”


How is that not potentially criminal menacing, especially given Floyd’s mysteriously dismissed charges for threatening a meter reader and then his negotiated plea to avoid jail time after he kneed a police officer in the groin when they came to investigate. See Attachment ____.

And what did he say about the police and the meter reader?

"If that pussy comes back or if I see him again I'll kill him..... I know you wear vests so I would have put it right between your eyes. I was sitting right on my ruger..... (then to his son) look at the fucking pigs, aren't they big men?"

Unbelievably, this Man is Kelly Ayotte’s hero and Good Samaritan.


The preceding paragraphs use the credible, yet hidden statements from the State’s own files to reach a dramatically different conclusion than that reached by NH AG Kelly Ayotte. It is entirely possible that Liko Kenney was just trying to get home and when he heard that bullet rain into the windscreen, he lost control of his car struck McKay and started trying to unjam his weapon -- if indeed he ever tried to do that before Floyd shot him. Remember, we cannot exactly trust the word of Mr. Floyd, but we do know that his first story was that he DID NOT say anything to Liko. Why wouldn’t NH AG Kelly Ayotte take the most contemporaneous version of Floyd’s statement as truth, instead of what he said later when he’s had time to think more about covering his tracks, especially because what he said at first is corroborated by Caleb and the forensic evidence, i.e. an inward bullet hole and the shattered glass of Caleb’s window?

Could Floyd’s actions have muddied the waters and possibly constituted murder? Reckless endangerment of Caleb Macaulay? Criminal menacing? Of course it’s possible, but by omitting all of the facts this Motion has just set forth, NH AG Kelly Ayotte neatly avoids addressing that possibility, which is a shame considering not only Floyd’s history with weapons, but his current behaviour which includes “laughing” and saying “I shot him real good,” and at p. 456 he boast about killing Liko: “I’m fine. That was the 43rd person I’ve killed, I’m fine.

Said Caleb:

"He was laughing and stuff." The guy was very, very it was almost like crazed.... page 697 "and he kept, like, 'Oh I shot him good and stuff like that....'"

Floyd is clearly a Man with Issues, and for NH AG Kelly Ayotte to give him a total pass on all possible criminal charges in one day (see Attachment ___) is repulsive to our notions of Fair Play and substantial Justice, particularly in light of the material facts that her official report handily excludes.

As such, and as shall be developed in the Law and Argument Section, she must be compelled to place the entire set of media materials online because offering the public to come in and view them violates the letter and spirit of RSA 91-A. See correspondence with John P. at Atttachment ___.[2]

[1] As an aside, in June, 2007 Sam Stephenson, in person, told the undersigned litigant all about McKay hassling his brother Tim Stephenson with all matter of charges on which Tim prevailed, and of course Tim Stephenson sued Mckay after McKay allegedly told him he would do “whatever it takes” to get him out of town, while caressing his service pistol.
[2] It should be noted that the State failed to produce all of the emails between them and John P., because they left out the one from 7 July in which he wrote:
Date: Sat, 7 Jul 2007 11:57:01 -0400
From: "John D. **********"
To: kelly.ayotte@doj.gov
CC: governorlynch@nh.gov, mailbox@gregg.senate.gov, mailbox@sununu.senate.gov, kingjurisdoctor@yahoo.com


The undersigned litigant knows this because John bcc’d him on it, it is in his files already but of course as a matter of Law that in no way obviates NH AG Kelly Ayotte’s duty to provide me a copy of it, and it was simple to find using Microsoft Outlook or ANY contemporary email system by using a simple word search.

Now this is key because the law and argument section will address the request for any and all emails bearing the names Liko Kenney or Bruce McKay. If we cannot trust the AG’s to give us the emails between John P. and their office, how can we trust that they will do the right thing with the other emails.

Plaintiff will be requesting the data recovery company of his choice to review the hard drives given their abhorrent track record in this instance. The Franconia Collective will also approach for a United States Congressional investigation and International support using this very Motion.

Anonymous said...


Anonymous said...

I alway have been a reasonably gifted writer

Fiction, mostly.

Anonymous said...

I have heard some of the things people put on their surveys and I bet the town doesn't want them to be seen. I bet they also don't want people to their personal survey missing when they do have to release them.

Anonymous said...

How hard would it be to do your own survey? Chris is a trusted source, why not write up a procedure, document the process for maintaining data integrity, put forward a request to whatever authority that might require it, write some non-leading questions and go for it? It would be a valuable thing, gathering your own information, and in so doing lodging a no confidence vote for the existing sources out there. Take back the power. Then publish the same, and reassert an alternative channel of information and inquiry. I am making it sound easy, but it would be worthwhile, I am sure of it. Just doing it would be a story unto itself, and draw attention from like minded collectives around the US. How.

Anonymous said...

A case I've felt had similarities to franconia 5/11. Alas, Floyd decided it for us.

CNN) -- After spending a total of seven months in custody, the Tennessee woman who fatally shot her preacher husband in the back will be released as early as today.

Mary Winkler, a 33-year-old mother of three girls, is expected to be freed from a mental health facility today or Wednesday, lawyer Steve Farese told CNN.

Farese said his client will not talk to the news media because she continues to wage a legal battle to win custody of her girls and faces a $2 million civil suit filed by the parents of of her slain husband, Matthew Winkler.

Mary Winkler likely will return to work at the dry cleaners in McMinnville, Tennessee, where she worked before the trial, Farese said.

Winkler served about five months in county jail as she awaited trial, then spent two months undergoing therapy at a Tennessee mental health facility following her conviction for voluntary manslaughter.

Winkler never denied shooting her husband, Matthew, the popular new preacher at the Fourth Street Church of Christ in Selmer, a town of 4,500 people about 80 miles east of Memphis.

On March 22, 2006, church elders found his body -- with a shotgun wound to the back -- in the bedroom of the parsonage after he failed to show up for an evening service. His wife was arrested the next day with the couple's three young daughters in Orange Beach, Alabama, on the Gulf coast.

Mary Winkler was charged with murder, which could have sent her to prison for up to 60 years, but a jury found her guilty of voluntary manslaughter following an emotional trial in which she testified about suffering years of verbal and physical abuse.

In a statement to police after her arrest, Winkler said she didn't recall pulling the trigger .She said she apologized and wiped the blood that bubbled from her dying husband's lips as he asked, "Why?"

Prosecutors and Matthew Winkler's family members said he was a good husband and father.

But on the stand, Mary Winkler described a hellish 10-year marriage during which, she said, her husband struck her, screamed at her, criticized her and blamed her when things went wrong. She said he made her watch pornography and wear "slutty" costumes for sex, and that he forced her to submit to sex acts that made her uncomfortable.

She testified she pointed the shotgun at her husband during an argument to force him to talk through their problems, and "something went off."

A defense psychologist testified that she was depressed and showed classic symptoms of post-traumatic stress disorder.

Mary Winkler initially received a three-year sentence in June. But Circuit Court Judge J. Weber McCraw required that she serve only 210 days, and allowed her to serve the rest of the time on probation.

She also received credit for five months she spent behind bars awaiting trial, which left only about 60 days to her sentence. McCraw ruled she could serve the time in a mental health facility.

Since Mary Winkler's arrest, the couple's three children have been cared for by Matthew Winkler's parents, who have filed court papers seeking to terminate her parental rights.


Anonymous said...

Not being a computer whiz, can you go into greater detail as to how to do this and make it legit and acceptable to the powers that be?

How do you prove that all results received are accounted for? Do you suggest an on line questionnaire that is sent to a email address? More info?

Anonymous said...

Why not see if people will contribute to pay for a non-profit that would be willing to mail (using their bulk mail permit) a 2-sided one-page survey similar to the reconciliation committee, or if there might be someone willing to distribute them into mailboxes themselves so that you could get info from citizens that might be helpful? Just an idea, it seems like there are some people that live in the area that are pretty passionate about it...

Christopher King said...


"Fiction, mostly...."

See any fiction or anything incorrect here?

Yeah, exactly. I didn't think so.

Anyway, you got is bass-ackwards, homeslice. The government writes the fiction, and I correct it.

Just ask Cheryl Lessin.


Everyone else: The survey thing is great, but obviously well down on my list of priorities. People should be paying close attention to this Motion, sending me comments and observations and getting folks ready with cameras for the hearing, and it would greatly surprise me if oral argument is not scheduled.

I have begun to receive constructive comments and a truly appreciate it.

This week the house will look like a damn paper mill.