09 November 2007

Open letter to AG and Franconia Counsel of record in KingCast v. NH AG Kelly Ayotte et al., Grafton 07-E-268: The Liko Kenney/Maura Murray connection.

Here is the scribd letter and lawsuit. The links don't seem to work though. But I have a copy of it in the comments section and the links will work on the MS Word version I am emailing the Defendants.
The Attorneys of Record are:

Defendant Ayotte:
Nancy J. Smith (Senior)
James W. Kennedy

Defendants Franconia/Montminy:
Daniel Mullen (former NH AAG)


Attorney Smith lost a case dealing with improper funding at NH Technical College for abuse of Pell Grants, Case no. 96-11-SP, at the same time I was starting to successfully litigate V1996-61481, in which the police caused my client Michael Isreal to be a victim of violent crime. Watch Mr. Isreal sing negro spirituals in the hallway at Civil Rights protester Jerry Doyle's acquittal for Criminal Trespassing at the Columbus School Board in the KingCast short film, "American Lawyer One."

But more significantly, she and Attorney Mullen lost the RSA 91-A case with Fred Murray, father of Maura Murray, Grafton 2006-113 or 154 N.H. 579, 913 A.2d 737 (2006) that I am sitting down to read right now. Now that I've read it, it smacks of the same niggardly and irrational lack of document production I have seen in Liko's case. I've been a supporter of the Murray's cause ever since I heard of the matter, and years ago Liko Kenney and one of his friends, who is now a friend of mine, helped Mr. Murray look for his daughter during a chance encounter.

Attorney Mullen, as Senior AAG, lost the Murray case as noted above and lost the RSA 91-A case of Union Leader v. City of Nashua, Case No. 95-105.

So let's see how it goes from here but keep this in mind as I have discussed with several concerned attorneys: the competing harms rule with Floyd what she obviously forgot which many people do, is this:
The burden of proof is NOW ON the State of New Hampshire to PROVE beyond ALL reasonable doubt that Floyd's actions killing Liko Kenney prevented a greater harm from being done. We don't think she can prove that.

Related post: Why did Primex Insurance bail out?


Christopher King said...

15 Beasom Street
Nashua , New Hampshire 03064
Chris King’s 1st Amendment Page

9 November 2007

Re: Notices of Appearance dated 2 November 2007

Dear Attorneys Smith and Kennedy:

I have today received your notices of Appearance on KingCast v. NH AG Kelly Ayotte et al., and welcome you to the case.

If there is anything you need at any point in time or have any questions please do not hesitate to ask; just send me an email and I will respond immediately.

By way of clarification, I will be sending you and Attorney Mullen the balance of the exhibits that were not included with the initial filing within the next week. Most of these are linked in the Scribd.com version of the case that I have emailed to your office on prior occasion and will link for you here:


Furthermore, I am trying to narrow the issues to be presented to the Court, but in reality I find that the many (in)actions of Defendant Ayotte and Attorney Strelzin must be heard in Court and presented to the public so that is what is going to happen.

If at any point you or Attorney Mullen (who has taken to ignoring my RSA 91-A Requests, by the way, read the specific letter right here) ask me for a reasonable continuance I will most likely not object and would sign a joint Motion or Stipulation for the Court. Incidentally I haven’t heard back from Defendant Ayotte on the concept of this Proposed Stipulation relating to electronically-stored document production so perhaps that could be a place for us to start to find some common ground, particularly in light of the 3rd draft 2007 report findings of the Right-to-Know Commission:

"Due to the failures of Hotlse [sic KingCast catches another typo] Bill 626 (2006) and House Bill 377 (2007), the New Hampshire Legislature has yet to accomplish the tasks requested by the Supreme Court in the Hawkins decision and embodied in the Commissions' enabling legislation.

The members of the Commission strongly believe that, unless key stakeholder groups are willing to actively participate in the public debate and are willing to compromise their entrenched positions, the current weaknesses in the Right-to-Know law will never be corrected by legislative action, and the issues may be decided by the Supreme Court on a case by case basis."

The Commission – statutorily-staffed with Defendant Ayotte or her designees -- failed to issue any 2006 report in violation of Statute, and Senior Counsel Bud Fitch finally admitted that to me in his letter dated 2 November, 2007.

While Franconia is in a mess and people are terrified of Gregory W. Floyd, the fact remains that the other primary players are dead and no amount of litigation is going to bring them back, so we might as well take our time and make sure we address everything we can so that we can help prevent another tragedy like this from happening, and so that the American Public can understand exactly what the Right-to-Know Statute in New Hampshire is really all about.

While your superiors probably don’t enjoy my legal sorties too much, you will see in short order that many other government officials actually respect me for them, and I can’t let them down, nor can I disappoint the people of Franconia. Attorneys Ayotte, Strelzin and Mullen already did that, so if I fail to adequately present the facts they will feel that they truly have nowhere left to turn.

As such, I recommend that you make certain that Attorney Strelzin issues a thorough response to this pending Right-to-Know matter regarding Gregory W. Floyd’s criminal propensities, because his first response I found “obfuscatory, dilatory and niggardly.”

Very Truly Yours,

Christopher King, J.D.

cc: Daniel Mullen, Esq.
Franconia Collective
World Wide Web

Christopher King said...

From the Murray case, some fallacious and petty arguments:

"With a single, minor exception, the attorney general’s office has denied all of the petitioner’s requests on the grounds that the records are exempt from disclosure because they are investigatory and because disclosure would constitute an unwarranted
invasion of privacy.......

.....The respondents point out that during the hearing in the superior court, it supplied witnesses who could have been, but were not, cross-examined by the petitioner. The fact that witnesses could have testified to certain things on
cross-examination would not, however, have fulfilled the respondents’ obligation. Under the Right-to-Know Law, the respondents bear the burden of demonstrating why the requested information should not be disclosed. See
City of Nashua, 141 N.H. at 476; cf. Curran, 813 F.2d at 473-74. It is not the petitioner’s responsibility to clarify the respondents’ vague categorizations, nor should the petitioner be penalized for failing to do so.

Accordingly, because the respondents have not met their burden to justify withholding the requested documents, we remand the matter for a new hearing."

Anonymous said...

Great letter Chris, putting them on the defensive from the get go.

Christopher King said...

Just clarifying the issues.

The facts put them on the defensive.


Christopher King said...

And this email from someone very close to this situation:

Hello Chris, Just wanted to say Hello to you and thank you for all your hard work, I have been trying to keep up with the blog when I get a chance at work to read it... The fix franconia bumper sticker is
priceless!!! Great statement. I have turned alot of people on to your blog suggesting they read up to keep informed.


KingCast told this individual that some government officials actually appreciate what I do, as will be noted in short order.

Christopher King said...

Attorneys Smith and Kennedy got the memo on a nice big monitor:

Nov 09 2007
11:35:37 7
Win XP Explorer
1024x768 English


Charles Duffy said...

Chris, A local involved with the Murry Case took her life.

The person who did this lives in a twenty mile radius.

Christopher King said...

But can we prove that person was involved beyond mere speculation?

Christopher King said...

From the email tip jar:

Hey thanks Patty I truly appreciate that.

And the Mayor of Nashua does as well, that's why I'm getting a key to the city tomorrow.

Straight up.

And it's more than Maura and Liko, there's Brianna
Maitland and another missing girl up there, and other freakish things you can read about in this post, including a boy chained to a police officer's jeep for sex.

This one is actually about a cop who allegedly raped a DWI suspect for the other stories Click on the second link, "Trifecta Post."


There is more police malfeasance in the North Country than you can shake a stick at, but people like us are what is required to help address this pernicious evil in which our Attorney General has become complicitous.

Peace to you and keep in touch.



Dear Chris/Christopher,

I am [blank] on the Maura Murray Forum. I met Debbie and Jeff Jesseman through the Forum. I have corresponded with both a few times.

So many times I have thought of writing to you. I think you are wonderful and don't know how you tolerate the ignorance of some of those Blog writers. I used to sign off my Postings with "3 Monkeys" in regard to the North Country resident's state of mind. Now I just call them Ostriches. I have a summer shack on a lake in [blank] ...and relatives in [blank]...and they are all indeed Ostriches.

There is a big nest of rodents in that area. They all sleep together..not literally...well maybe. ie Haverhill FD/EMS/Lavoie's Towing kin...uncles,nephews, etc. There are the cya conspirators vs the fearful of making waves. Also, ,there is local/state government playing bully Czars.

Again, you are great...I do admire and appreciate you for doing what is honorable, in an area that needs you. They are just too ignorant to know it.

Thank you...
Hugs, [Name withheld at this juncture but I'm sure she'll be at the hearing; most of the time I leave the names out not by request of the individuals who sometime later tell me "no, it's okay" but because I know how nasty our government can be and I don't want their wings clipped because I might need to call on them for help later, and if we're all under indictment or being hounded then they will get marginalized as well. That having been said, Jeff Jesseman is the MAN, and more people in Franconia will be following his example as time takes on.]


Christopher King said...

Another email tip jar:


Just wanted you to know, my son who is a senior in prep school this year, has been listening to me talk about you, and he's beginning to understand the importance of knowing his rights and how to handle situations that question the law and his rights.

He spoke with eloquence to the Dean of Students the other day on behalf of his dorm mates on an issue that questioned a new?rule vs. long standing tradition at the school, and he had you to model himself by. I thank you for that. Your influence far surpasses the state boundary lines of NH, and you are touching more people than you could ever know.

If you ever get a moment, as he approaches career decisions, I'm sure he'd think hearing from you would be awesome.

All the Best,

ps thank you for keeping Maura on Likos' coat tails to justice. Ther's a part of me that feels she's helped pave the way for what lies ahead.

KingCast says: I will advise him to always have major allies with him before he challenges the establishment or else he will have a hard way to do.