08 August 2007

KingCast reminds Attorneys Strelzin and Ayotte: Emails are not happenstance and may be considered public info. per RSA 91-A on Liko Kenney/Bruce McKay

Here is a letter annotated by me, that NH AG Homicide Chief Jeffery Strelzin wrote me on 18 July 2007 in response to my 11 July 2007 letter to inform me that they are going to take 30-60 days to determine whether to tell me to go pound salt. It's already been almost 30 days and I have heard nothing. I find that position unreasonable as noted so I'll be setting this matter into the Motion for Declaratory Judgment that at least based on the set of facts before us, those emails are a public record and Attorney Ayotte has waived privilege as seen by (case law here) by publishing some of the investigative information online and because the investigation has been closed for some time now.

The State should be prepared to defend its position in this matter and given what I know about this case -- and which I will not reveal until I file the Motion for Declaratory Judgment -- a Court of Law is likely to rule in favor of KingCast when we drop that hammer. With HB 626 still born this could very well be the New Hampshire case where a Court of Law finally decides the issue of email communication and I couldn't have a better set of facts. From the State's position, they couldn't have a worse case. That's exactly how I like it.

Practice pointer #1
Practice pointer #2:
"Treat all electronic communications as potentially subject to RSA 91-A. Do not put anything in an e-mail you would not want to read in the paper."

Practice pointer #3 at para. 17.

Regarding #3, which is a Federal Freedom of Information Act (FOIA) analysis, remember that Union Leader v. City of Nashua notes that NH Right-to-know parallels FOIA so what's good for the Federal Goose is good for the State Gander.

Practice pointer #4 at Section III C.

Regarding #4, well.... that's just the government's own Right-to-Know law. Why must we fight our government so damn hard to make it do what it is says it is supposed to do?

**********

I'm on my way now to Concord to retrieve the materials noted in the comments section of yesterday's post, and will of course provide Attorney Strelzin a copy of this post. I will have lunch at a wonderful little sushi restaurant and then I will return home to keep cranking on the Motion for Declaratory Judgment while other folks work on hosting the second half of Liko Kenney's Unconstitutional 2003 arrest at French Hill Park, you know when he told Bruce McKay, inter alia:
21:04:01 - "You can't pull people off the street and put them in handcuffs and drive them around for no reason." [held: correct, as noted by Judge Cyr].

21:05:46 - "I was sitting in my car resting before driving home and now you've done this to me for no reason." [held: correct, as noted by Judge Cyr].

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." [held: correct, as noted by Judge Cyr].

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." [held: correct, by common sense].


When a public entity seeks to avoid disclosure of material under the Right-to-Know Law, that entity bears a heavy burden to shift the balance toward nondisclosure. See Petition of Keene Sentinel, 136 N.H. 121, 127, 612 A.2d 911, 914 (1992).

Related KingCast short film: "Lawyerman."

26 comments:

Christopher King said...

Oh yeah:

When you have a rogue cop on your hands, always be sure that he at leasts asks what the mental health condition of a suspect is after said suspect DIRECTLY INFORMS him that he is "A MENTAL HEALTH PATIENT"

See that's why I'm having a hard time showing Bruce McKay much, if any sympathy.

He was an evil person to those he didn't like.

And how about him asking in a deprecatory tone

"Where are you from, Liko?"

He already knows where he's "from," because remember when he pulled the license he sees the name and says:

"Oh, I see the reason for the attitude."

Liko was from the mountains, dammit. And McKay hated that fact and he hated Liko and his friends because of it, and because Liko was 100% correct about the unlawful search and seizure.

Judge Peter Cyr said as much:

State v. Nathan Wright 03-CR-109

State v. William Miller 03-CR-012, 013, 029

State v. Kenney 03-CR-197

Read the JPEG'd documents.

Hell yeah Brucie was a hater.

Oh, yeahhh.....

Anonymous said...

Good lord this repetition is boring.

How long can you stay on a merry go round before moving onto a different carnival ride?

B. Rhapsody said...

Anon @ 9:08

And why are you here? Comments like that is like saying "Move along now, nothing here to see".

That's a huge red flag indicating there is something here to see. And it's about to get legs, "mad legs" as CK might say. So stick around, there will be plenty to see.

Anonymous said...

I come here on occassion looking for news on the story.

The only news though, in the past few weeks, is King talking about what he will be doing with the mandamus suit.

The rest is just rehashing what everyone already knows, and knew by June.

big brother and the withholding company said...

Anon @ 10:18

Then you're not looking too hard. This past week or so we've had Franconia's attorney Mullen admit to the fact the FPD did not have documents it should.

We've had interesting theories about how a bullet hole in the windshield of Liko's car got there and what impact it had on the eventual outcomde.

We've had crime scene photos not published elsewhere.

We've had the relevation that the 2003 vido continues past what was shown on youtube and has some disturbing and damning evidence in it.

We've learned that King is not working alone and has a couple lawyers consulting on his motions.

Try looking harder, Mr. Wednesday PM

Christopher King said...

9:08 & 10:18

You go on ahead and believe what you want to believe because you're so wrong I'm not even going to respond to it except to say that if you really had a brain you would have seen that I am not going the Mandamus route but rather the Declaratory Judgment route.

But you really aren't reading much of anything, just coming in here to trash tawk, or at least try to.

The next section of the Memorandum will be posted tonight. Come on around and provide some critiques there, since you haven't had anything to say about Motion Practice 601 #1 or #2.

Have a nice day.

Anonymous said...

but you did respond to the post.

maddison said...

8:55
the truth cannot be repeated often enough because it is powerful and moves us in the right direction.

with each repetition, it hurts. something good, however, will emerge from our losses, a "little bud" of knowledge and the strength to stand up for those beliefs so tragedy doesn't happen in the same way again.

Anonymous said...

11:23:

Yes he did. And, as I stated, there is nothing new other than what King is going to do. Decided against mandamus.

Oh yeah, and some new theories by people.

I guess that is news.

eye smell a huckster said...

Interloper: One that interferes with the affairs of others, often for selfish reasons; a meddler.

Anonymous said...

12:09
r u peter the poh-leece keeper? or smelly the news seeker?

i c we're back to our same 'ole tricks.

figured i'd answer you, just in case CK is busy doing important stuff.

alley cat sally said...

"I come here on occassion looking for news on the story.

The only news though, in the past few weeks, is King talking about what he will be doing with the mandamus suit.

The rest is just rehashing what everyone already knows, and knew by June.

10:18 AM "


When no action is being taken by the AG in regards to what we all know is true now, then we will keep saying it until the truth is acknowledged and all files released. We will say it as long as we want.

And what have you done to contribute new information? If this is an outdated source then why come, my friend, huh?

Anonymous said...

i like to come here just to watch all the things that Chris alludes to that are unproven that could bring charges against Chris :)

Anonymous said...

Anonymous 4:43, you forgot to mention Tony Soprano is also involved with the conspiracy to rub out Liko. And while I am at it, the conspiracy is probably even larger, the Easter Bunny and Santa Clause are also involved.

"It is a capital mistake to theorize before one has data. Insensibly one
begins to twist facts to suit theories, instead of theories to suit
facts." The Adventures of Sherlock Holmes, 1892, "A Scandal in Bohemia"

Eye smell a huckster said...

See? There are numerous critics, besides me.

This thing is a train wreck. Too bad, because NH policing needs to be professionalized.

Maybe the next case of police abuse will attract the attention of a licensed lawyer and serious media.

Eye smell a huckster said...

12:51:

You know, the Tony Soprano angle is one that King should get his staff investigators working on immediately. I say this because the Sopranos last episode ended with a controversial "fade to black."

JUST LIKE THE 2003 cruiser tape of Liko's arrest. And, one of the episodes had one of Sopranos mobsters, who turned out to be a closet homosexual, fleeing to New Hampshire!!!!! And King had accused McKay of being a closeted homosexual (grounds for a libel suit by McKay's estate???), which King proclaimed was relevant (but not "homophobic") because it would explain McKay's anger.

Can all of this be coincidence? I think not!

Anonymous said...

12:57
the grapes have soured and are attracting fruit flies...
i think the multiple critics referenced are you, you and you...
and success is, by your definition, keeping attention focused on yourself...
and i notice that when you don't have enough attention, you fall into OCD mode...shudder!
hang in there, buddy...all is well

only my opinion ;-)

snoopy said...

HUCKSTER,

Yes, we know and you all live in the same house and take turns with your one computer.

Hey are you the seven dwarfs? Oh, but you said there were only three of you .....did you kill the others off and bury them in the cellar?

Hey, do YOU have a conspiracy going on, freak boy?

Soooo dangerous for Chris to say things on the blog that are not "proven"? Guess that is why we all have individual lawsuits against us for saying O.J. is guilty.

Are you Grumpy or Dopey? I don't want to assume anything, lest you sue me.

Anonymous said...

1:06:

And, you would be wrong. The other critics know this, and will see it. Thanks.

Alice said...

Aaahh well, it is the Personality Poh-leeeeece but have no fear he is no more harmless than the mad hatter.

Eye smell a huckster said...

Lighten up, folks.

This is all in good fun. I have no animus toward anyone, and have even wished King well on his quest.

Obviously his methods are self destructive and counterproductive, but I hope that Ayotte is taken down, and a Civilian Review Board is established in NH at some point.

In the mean time, this is fun to watch, and I especially enjoy the wild theorizing that goes on. Very entertaining -- better than fiction.

Later, boys and girls....

snoopy said...

your multi characters are becoming quite fun colorful.

Christopher King said...

12:36

You mean like someone could bring charges against me?

You mean like I've damaged Shooter Floyd's reputation in the community?

Negro PLEASE. Read Chief Robert Every's search warrant affidavit.

Or you mean like Kelly Ayotte or Chief Dunn?

Oh, wait:

Been there done that.

And I found out today that the State spent 79 hours trying to get me for Unauthorized Practice of Law when all they had to do was ask me if I was trying to locate referral attorneys or if I had ever misrepresented my unlicensed status, but instead Kelly filed on me as noted in this Due Process letter I sent her.

Ha-ha, joke's on YOU.

They spent 75 on former Jaffrey Officer Aaron Deboisbriand's case.

************

1:51 -- Huckster.

Au contraire, mon frere my methods are hardly self-destructive, but Kelly's niggardly production of information sure is:

NEW Information today and investigative files are online.

I'm all set.

Christopher King said...

Here's more funny Hucksterisms:

"Maybe the next case of police abuse will attract the attention of a licensed lawyer and serious media."

Oh, I know what he means.

He means some OTHER licensed attorneys other than Mark Sisti, former director of NH Public Defender who is representing the family, or Troy Watts, or Attorney X who have all helped me or provided relevant information so that I could go ahead and do this thing right because I'm the First Amendmet Guru whether I'm licensed or not.

And the simple fact is, I don't have to be licensed in this instance.

Duh.

********

But maybe when he speaks of "Serious media" he would be referring to all of the OTHER media sources who are hosting the full investigative file online, as I just did.

Then later he says:

"
You know, the Tony Soprano angle is one that King should get his staff investigators working on immediately. I say this because the Sopranos last episode ended with a controversial "fade to black."


And I say fuggitaboutit...... I'm all set with the angle of the bullet through Liko's windscreen. Remembuh' that, Vinny

Come next week huckster gets another slap in the face, falls off a pier and goes swimming with the fishes.

He IS a funny dude, though.

THX for the giggles, bro.'

Anonymous said...

Gosh, if someone comments on the overwhelming plethora of oily self-promotion on a blog getting it's attention from this tragedy, then they are labeled "personality pohlice" by Chris, thru one of his alter-ego posting names, or through one of his 'senior members'?

Not a good environment in which this could grow in to a real voice or gathering place for the community at large. So it tends to make one consider that the intent of this blog is more self promotion by Chris. If one mentions this as inappropriate, as many have expressed, they are hounded out of here in one fashion or another. Other film makers onto this incident don't seem to have that issue, then again other *aspiring* film-makers don't run a blog, so who knows what's going on for sure.

I'd say there surely seems a very small core group of really caring and involved regular contributors with a true sense of justice and outrage, and are earnestly hard working to express there findings intelligently and evenly. Sometimes Chris veers toward this seemingly, and it is beautiful. Oft times, it is more personalization and hype filled with faux-pathos and constant self-promotion and equivocation.

The techniques of Ayotte and King seem very similar, tho one is a criminal, and the other a dynamic, talented and probably well-meaning guy, but still as much the 'sharpie' as his imagined opponents, when it comes to "running the department." Chris' personal life is very fascinating to him, ad infinitum; not so fascinating to people who come here looking for truth amidst all the disinformation. I expect a 'personality pohlice' profile now because I have skipped the requisite ass kissing.

Christopher King said...

10:03

This is my blawg and I run it as I please. Before it was a blawg about this case it was a blawg about my personal life, about my father coming to play tennis with me and whatever.

So frankly I don't give a damn what you do or don't like about my personal life.

Anyway, hush up for a while and do some reading.

Here are today's letters to Kelly, Jeffery and Daniel.