28 November 2007

Franconia town counsel/Primex attorney Daniel Mullen responds to KingCast RSA 91-A requests; KingCast responds with Proposed Stipulations.

Here's the KingCast response, with Proposed Joint Stipulation #2 being in the comments section with today's Mullen letter, which was late. Stip #2 pertains to the missing Use-of-Force and missing Police Report for Fox Hill Park that Attorney Mullen attempts to explain in this post and video.

Dear Mr. Mullen:

Thank you for the update.

As to the costs, I would prefer to use an a la carte approach as I may not need all of the requested materials in full. I assume your client maintains that Troy Watts never filed a complaint against Bruce McKay and that they are not obligated to provide me a copy of the OC Spray incident of his client whose name I believe is Susan, as I asked for that on 27 July 2007 and again on 9 August 2007.

Also I note that you are now making available Bruce McKay's job application and resumes, which are part of his personel file -- in addition to the Vaughan index materials that your client did not attempt to provide in the first instance. I know we ultimately will disagree on the psychological testing/profiles and other items I requested and we will let the court address that, but perhaps we could agree to stipulate that your client's 3 July 2007 response to me stands in violation of RSA 91-A(4), and that could save the taxpayers substantial time and money. [KingCast note: The town refused to provide anything at all].

Thank you for your time and attention in this matter.

Please advise,

Christopher King, J.D.

1 comment:

Christopher King said...

Dear Mr. Mullen:

Similarly, if you want to stipulate that not having a copy of the 2003 Use-of-Force and Arrest Reports for Fox Hill Park constitutes a violation of RSA 91-A that could save the taxpayers time and money as well.

Please advise,

Christopher King, J.D.


Subject: Meeting on November 30
Date: Wed, 28 Nov 2007 16:07:27 -0500
From: "Daniel J. Mullen" dmullen@ranspell.com
To: "Christopher King" kingjurisdoctor@yahoo.com

Dear Mr. King:

I have reserved a room at the New Hampshire Bar Association on November 30 from 10:00AM until noon so that you can review certain records and documents. I will have a copy of our contract with the Town of Franconia for your review. I will also have the vehicular pursuit policy and the use of force policy available for your review together with the materials provided to WMUR from Bruce McKay’s personnel file. You state that these last two items were promised to you in my letter to you dated August 8, 2007. I reviewed that letter and it states that copies would be sent to you upon receipt of a check covering the costs of copies. If you wish to have copies of those items, I can send them to you upon receipt of a check or money order in the amount of $52.00.

You have also asked for copies of any documents reviewed that reference any arrest of Bruce McKay since he graduated from his officer training course. No such records exist in the files maintained by the Town of Franconia . You have also asked for a copy of the results of any and all psychological testing or evaluations of Bruce McKay. These records are personnel records and/or medical records, the disclosure of which would constitute an invasion of privacy. Accordingly, these records will not be produced.

Finally, you have asked for a copy of Bruce McKay’s application for employment with any and all resumes or attachments as provide to the Town of Franconia at the initial point of contact and any attachments circulated since that time. You have also asked for a copy of any documents that reflect any road or public area or land being dedicated to, or in the memory of, Bruce McKay, along with the estimated cost of such project. These will be available for your review on Friday.

If you want copies, they will be produced at a cost of 20 cents per page. As stated above, copies of materials already provide to WMUR cost $52.00. The total price, with the additional documents you requested, would be $55.80. If you would prefer to have copies of all these documents rather than come to Concord , you can forward a check or money order payable to Ransmeier & Spellman. Otherwise, I will see you at the New Hampshire Bar Association, which is located at 2 Pillsbury Street in Concord.

Daniel J. Mullen, Esquire
Ransmeier & Spellman
One Capitol Street
PO Box 600
Concord , NH 03302-0600
603 228 0477
603 224 2780 (fax)
Email: dmullen@ranspell.com
Website: www.ranspell.com