18 September 2007

KingCast letter to the editor on Franconia shooting tragedy RSA 91-A Right-to-Know lawsuit & update on the judicial ruling denying sealed Affidavits.

Here is the hotlinked letter hosted at scribd.com to Justin Lavely at the Littleton Courier. It is also placed in the comments section and it succinctly states the essence of the litigation in two pages.

Now as to the Decision, it is based on Associated Press v. State of New Hampshire, 153 N.H. 120 (2005) holding that the burden is on the party seeking to rebut the presumption of open access to court records. Presiding Judge Timothy Vaughan found that KingCast had not demonstrated a compelling interest in closure or that nondisclosure is the least restrictive means to serve the interest.

I understand the Court's rationale with respect to the Affidavits of the people who had previously complained about interactions with Bruce McKay -- and who received no written responses -- at Attachments 1 and 2a. I disagree with the court's ruling on the issue of the Affdavit at Attachment 3 because that involves a direct threat on someone's life by Gregory W. Floyd, and it is about as graphic as can possibly be imagined. Moreover, he did it in a way that shows that he tracks peoples' movements, which calls into question his purportedly random appearance on 5/11 when his son (and a new driver as the record reflects) may have been speeding as he drove his truck to catch up with McKay after McKay had to get back in his Tahoe to speed up to catch Liko after he left the first stop in search of witnesses. And given Floyd's documented propensity for violent activities, lying during the investigation and other erratic behaviour -- like selling PCP and then lying about it -- I would have come out on the other side in that one, but it's not my call to make.

Ultimately the Decision is inline with the line of cases including Douglas v. Douglas, NH 722 A.2d 316 (2001) that I used to soundly defeat Orr & Reno (who BTW tried AP v. New Hampshire against Defendant Ayotte) back in the day when they tried to keep me from placing Deposition Transcripts and Courtroom video online. It should be noted that Douglas and AP v. State of NH involved financial affidavits whereas this case involves a threat against a human life, and a woman at that. At any rate Maria Proulx didn't like that defeat I gave them (she refused to shake my hand; look at the picture) and neither did co-Defendant counsel Ransmeier & Spellman's Charlie Bauer, who is seen not shaking my hand at the conclusion of the 5:10 short film "Advocacy in Action: Then and Now," at my affiliate site Justiceforkids.net. Take a look as Hillsborough Senior Justice Robert Lynn explains the Law.

Be that as it may, the Court's decision is encouraging because now all Parties are on Actual Notice that His Honor expects full disclosure, as I noted in this post where I interviewed Robbie Hayward, who detailed to me what he told ABC News' Juju Chang for the upcoming 20/20 segment.

Namaste. Freedom. Aloha.

12 comments:

Christopher King said...

CHRISTOPHER KING, J.D.
15 Beasom Street
Nashua , New Hampshire 03064
603.438.8017m
http://KingCast.net
http://Justiceforkids.net
http://christopher-king.blogspot.com
kingjurisdoctor@yahoo.com


17 September 2007: VIA EMAIL

Re: RSA 91-A Lawsuit; Letter to the Editor

Dear Editor Lavely:

I have waited until today to write an official letter to the editor because I wanted to actually file suit first.

Now that case no. 07-E-268 has been filed in Grafton Superior Court, I hope that your paper, and local citizens take the time to either come in to see what the issues are, or in the alternative, to read the case online at Scribd.com:

http://www.scribd.com/doc/274400/Liko-Final-2

The Motion is the joint effort of at least a dozen people who provided information, time or other resources in this effort, and at bottom it contains a number of lettered paragraphs that all seek to address failures of communication in one way or another.

We seek declaratory judgment that not maintaining the Use-of-Force and arrest reports for Liko Kenney’s 2003 arrest constitutes a failure to adhere to the Right-to-Know law, particularly RSA 91-A:4 that demands public records such as these be produced in appropriate circumstances; the fact that they are Missing in Action constitutes a violation.

We also seek declaratory judgment that RSA 91-A requires a police officer to state his name, badge and jurisdiction on demand unless truly exigent circumstances are present.

It seems clear by watching the full 2003 video that Bruce McKay never told Liko Kenney his name, and that added to an atmosphere rife with contention as Liko properly told McKay 20:48:00 "You don't have the right to keep me here without a good reason."

We seek bright-line standards for what information should be available when the media reviews a policeman’s personnel file. We urge a move toward Ohio, which is fully open, but with some protections.

We believe that the disciplinary history and psychological profiles of Police may be obtained by media because a police officer’s public actions are never private in nature. In Ohio:

"All of my members are good cops, so we have no problem opening up the Sunshine Law and letting it shine in." --- and Wickliffe's Chief James Fox said "But when you sign up for this job, in a position of public trust, that's part of the deal," Fox said, "You must accept the fact that your work-related life is a matter of public record."

The availability of emails is also at issue because Defendant Ayotte’s office initially refused to provide a copy of every email with Liko Kenney or Bruce McKay’s names on them.

As such, we delve into the fullest extant of the Hawkins case that is the genesis of the Right-to-Know Commission as it urged for an expansion of the Act to include electronic records. On a related note, HB 82 that tangentially addresses this issue has apparently not yet been signed by Governor Lynch so now is a perfect time for a Court to address this matter.

We also seek declaratory judgment that Gregory Floyd issued materially false statements to investigators including his alleged tours of Vietnam, the extent of his criminal background as represented to Sgt. Charles West as he ignores his marijuana and PCP convictions at one point and at another point tries to say THC is the same as PCP.

Further, NH AG Kelly Ayotte has issued materially false statements to the public regarding his participation including whether he was unarmed when Liko ran over Bruce McKay (witnesses reported a bald man standing over McKay with a gun at 6:12p), why Floyd apparently shot a windshield bullet at Liko’s car and why there is absolutely no substantive discussion of this bullet in her official report, yet there is discussion and analysis of bullet holes in the McKenzie barn and car port where no one died.

Did Floyd appear on the scene and make a bad situation worse? His own son said the Liko’s car did not strike the officer until his father shot at the car after he stopped without hitting the officer, backed up and raced forward -- which of course would be the windshield bullet. Did that bullet cause Liko, by then going blind with OC Spray to go ballistic and try to run over whatever was in his path and shooting at him? Perhaps so.

And of course we must question her email to Attorney X and her official report that unequivocally states Caleb Macaulay’s window was open and that Floyd talked with Liko prior to shooting him when Floyd and Caleb both stated in their interviews that Floyd did not speak first.

We want the Attorney General’s office to be compelled to post the investigative files online because of the materiality of the conflicts between them and the Official Report and because she has waived privilege to them, as reporters who paid the fee obtained them.

We also seek declaratory judgment that the fee for the audiotaped interviews, at $10.00 each, is unlawful because it bears no relation to the actual cost of production, which like a photocopy is closer to one dollar than $10.00.

The oral argument will also include elements of what Robbie Hayward (Serry's father) told me on Friday 14 September that he said to 20/20, as noted in this post:

"Both men had good qualities about them but that MCKay was a liability and that the State had a greater responsibility to monitor the situation, and that Liko was pushed into a corner."

Franconia has to heal. But before it can heal, it has to be honest.

Watch for the short film “Franconia 5/11: Injustice on Stilts,” online soon.

Best regards,


______________________
Christopher King, J.D.
KingCast Plaintiff pro se.

Christopher King said...

Defendant Ayotte stops in for a look:

Sep 18 2007
08:19:27
199.192.1.70 (IP Addy)
25 pages viewed
nh.gov
Win XP Explorer
1024x768 English
CONCORD, NH
USA

18 Sep 2007 08:19:27 AM

christopher-king.blogspot.com/2007/09/kingcast-letter-to-editor-on-franconia.html

....This way I don't want them ever claiming any undue surprise or anything about what is contained in the litigation; I am entirely OPEN about what I do, unlike them -- Homicide Section Chief Strelzin won't even put his resume public.

Anonymous said...

Mr. King,
I agree with much of what you've written about 5/11, but I have to comment on Gregory W. Floyd. I agree that a) Gregory Floyd is a dangerous man, & b) in shooting Liko Kenney he has (so far) gotten away with murder. However I must disagree with your conspiricy theory regarding some kind of Floyd & McKay partnership. First, Floyd HATED law enforcment. The suggestion that they must have known each other and been buddies simply because they were both major a**holes is as silly and insulting as me suggesting that you must know and be buddies with my brother-in-law because your both black and all the brothas no each other, don't you? Second, do you think Floyd was hiding at Pinestead waiting for Liko & McKay to drive by? If you go to the YouTube video and get the time from when McKay pulled out onto 116 to when he turned around and you see Floyd pulling over (2 min), do the math (40mph for 2 min = 1.3 miles) and check Google Earth (or drive it yourself as I've done) you'll see Floyd was back at the Big Curve when McKay pulled out a third of a mile in front of him. Thats assuming Floyd Jr wasn't speeding, and Lord knows no new driver ever speeds.

I think you are doing good work. Be careful not to undermine your over all credibility by chasing notions like the Floyd/McKay axis. Floyd just saw an opportunity to shoot someone and get away with it. With out people like you, he just might.

Christopher King said...

Dear Stuck:

I don't believe I have ever said that there was a conspiracy and I hope that my comments are not perceived as saying as much.

I do know I have said that I would not bet AGAINST it but that's a long way from saying that I believe that there was one.

As Mr. "Oh yah the window was open" Floyd, I would be more apt to agree with you that he was looking for a reason to ill and he found one.

The most disturbing aspect of it is Kelly's report that cleanly ignores the first bullet hole.

It is my duty to make certain that her entire career is judged by that first bullet hole, and not just Ayotte v. Planned Parenthood (she lost) and whatever happens on her attempts to kill (murder) Stix Addison, who killed a righteous cop -- which is not to say that I am happy that Liko shot McKay, only that it sure wasn't murder by any stretch of the imagination.

Do I ever agree with Kelly?

Of course.

Read the entry I put up on 5/11 that tipped off this whole affair because of the first comment that was submitted. The entry addressed abusive commercial speech from drug companies, BTW.

Caleb said...

Sounds like your crusade to drag a dead man's name through the mud is floundering.

Ouch.

Christopher King said...

Hey my Main Man Ahab:

Opinions are like ummm... well you know what I mean. You're as welcome to yours as Stuck in CT is welcome to his/hers.

Namaste.

Christopher King said...

In point of fact, I'm cool with Kelly.

Here's the current and last post for today 18 Sept. 2007:

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

Time to set aside the Franconia warfare and wish our highest law officer a hearty congratulation on her newborn. It might seem like I'm hard on her at times (that I am) but for those of you new to this, I give credit where credit is due, so as such you might want to read the post of 5/11 that brought my interest to the Franconia matter in the first place because of the anonymous comment that was submitted.

It was a post of me agreeing with Attorney Ayotte on abusive commercial First Amendment speech.

Dear Kelly: You just had a newborn son. Please think not only of Bruce McKay's family, but also of Liko Kenney's family, in particular his mother Michele, as you try to explain why you don't seem to care that the man who shot and killed (and potentially murdered) him has threatened other people -- including innocent women -- with death for no legally justifiable reason whatsoever, as noted in my last post . In said post I also share a letter to the editor and in which I am seen standing before the Grafton County Superior Court with the KingCast RSA 91-A Right-to-Know lawsuit in my hand in which you are the lead Defendant.

PS: I just found out that Eddie Azamor is getting closer to getting his daughter back as well, but I can't talk about that plan.

Namaste. Freedom. Aloha.

Anonymous said...

If you were truly cool with AG Kelly Ayotte you would have just wished her well in the birth of her son, instead of rehashing all the other BS in Franconia.

And when will the comments be free again?

Christopher King said...

4:34:

You didn't write the Birth of Cool, so you don't know what is cool for every situation. Years from now Attorney Ayotte will relish the fact that she still has a son while Michele Kenney does not.

And she will never forget what it is like to be fairly accused of covering up relevant facts in a shooting involving Michele Kenney's son, Liko Kenney. She will grow from that experience just as surely as I have grown through major life experiences, some of them occasioned by Kelly and without Good Cause I might add.

See I didn't go into all that, did I? Nope.

Also, I'm not rehashing anything. The sealed Affidavit issue just happened what, 4 days ago.

The comments will be open as soon as the short film "Franconia 5/11: Injustice on Stilts" is finished, or as soon as your mind is open -- thankfully whichever comes first.

You got any other questions today?

I've got your answers.

Christopher King said...

Damn I just wasted you =^.)

Anonymous said...

Thing what you want, the only wasting going on here is your potential.

Christopher King said...

You are entitled to your opinion; meanwhile we are addressing some very important issues as noted in the Caledonian Record.