20 December 2007

KingCast says "Merry Christmas!" to Defendants Mark Montminy/Town of Franconia from the Spirit of Liko Kenney.

Read the comments to open the gift.

Update: Defendant Montminy has coughed up some new docs 6 mos. after my request. Read the comments on that as well.


Christopher King said...

15 Beasom Street
Nashua, New Hampshire 03064

20 December 2007:


Re: NH RSA 91-A Right-to-Know requests on Bruce McKay and Sarah video; timesheets & DT complaint

Dear Attorney Mullen and Defendant Montminy:

You may recall that on 7 December I requested:

1. Bruce McKay's cruiser video.
2. Bruce McKay's Arrest Report.
3. Bruce McKay's Use of Force Report.

All relative to the time he OC Sprayed Sarah in front of Ms. Ellie, who describes it in the short film, "Franconia 5/11: Injustice on Stilts." You know, it's the same event that Attorney Troy Watts referenced to me in a certain email as attached in the pleadings.

Even though you are tardy in your response to said request, I figured I would add these requests as well, so that we can have everything ironed out prior to hearing on 10 Jan.:

4. Please make available for inspection all original logs or timesheets for Bruce McKay in April and May of 2007 that reflect his on-duty times, when he clocked in and when he clocked out. Surely this is not information that you honestly believe is protected by any privacy concern, i.e. when the man came and went to work.

5. And there is something new: Ellie Opalinski informs that she verbally complained to you about Chris Fowler’s commentary and attitude outside the door at Dutch Treat recently. You reportedly told her that you either did or were going to speak with Mr. Fowler about it, but she reports that she told you “NO… I want it in writing.”

As such, can you please provide a copy of any and all notes and memoranda or responses to her that you have regarding this situation? Thank you for your prompt and timely response to this lawful and reasonable inquiry.

Very truly yours,

Christopher King, J.D.
On behalf of KingCast.net
On behalf of Franconia Collective.

Christopher King said...

Some people say "Damn you're so stubborn, why don't you let it rest?"

Letting it rest is exactly how we got here in the first place.


Anonymous said...

A dedication to Franconia -- the unworthy home of Robert Frost and the late Liko Kenney of the Easton Valley

The Witch of Coos

I staid the night for shelter at a farm
Behind the mountain, with a mother and son,
Two old-believers. They did all the talking.

Mother. Folks think a witch who has familiar spirits
She could call up to pass a winter evening,
But won’t, should be burned at the stake or something.
Summoning spirits isn’t “Button, button, Who’s got the button,” I would have them know.

Son. Mother can make a common table rear And kick with two legs like an army mule.

Mother. And when I’ve done it, what good have I done? Rather than tip a table for you, let me Tell you what Ralle the Sioux Control once told me. He said the dead had souls, but when I asked him How could that be -- I thought the dead were souls, He broke my trance. Don’t that make you suspicious; That there’s something the dead are keeping back Yes, there’s something the dead are keeping back.

Son: You wouldn’t wand to tell him what we have Up attic, mother?

Mother. Bones – a skeleton

Son: But the headboard of mother’s bed is pushed Against the attick door: the door is nailed. It’s harmless. Mother hears it in the night halting perplexed behind the barrier Of door and headboard. Where it wants to get Is back into the cellar where it came from....

Christopher King said...

That's a nice selection.

I have a related post:

Liko's Books.

The first one sure is a trip, right. On fire.

I will think about this one next time I sit on the porch at Frost house. What a compelling view THAT is.

If only the government could bring more dignity to the area, right.


Anonymous said...

Mother: We’ll never let them, will we, son! We’ll never!

Son: It left the cellar forty years ago And carried itself like a pile of dishes Up one flight from the cellar to the kitchen, Another from the kitchen to the bedroom, Another from the bedroom to the attic, Right past both father and mother, and neither stopped it. Father had gone upstairs; mother was downstairs. I was a baby: I don’t know where I was.

Mother: The only fault my husband found with me -- I went to sleep before I went to bed, especially in winter when the bed Might just as well be ice and the clothes snow. The night the bones came up the cellar-stairs Toffile had gone to bed alone and left me, But left an open door to cool the room off So as to sort of turn me out of it. I was just coming to myself enough To wonder where the cold was coming from, When I heard Toffile upstairs in the bedroom And thought I heard him downstairs in the cellar. The board we had laid down to walk dry-shod on When there was water in the cellar in spring Struck the hard cellar bottom. And then someone Began the stairs, two footsteps for each step, The way a man with one leg and a crutch, Or a little child, comes up. It wasn’t Toffile: It wasn’t anyone who could be there. The bulkhead double-doors were double-locked And swollen tight and buried under snow. The cellar windows were banked up with sawdust And swollen tight and buried under snow. It was the bones. I knew them – and good reason. My first impulse was to get to the knob And hold the door. But the bones didn’t try The door; they halted helpless on the landing, Waiting for things to happen in their favor. The faintest restless rustling ran all through them. I never cold have done the thing I did If the wish hadn’t been too strong in me To see how they were mounted for this walk. I had a vision of them put together Not like a man, but like a chandelier. So suddenly I flung the door wide on him. A moment he stood balancing with emotion, And all but lost himself. A tongue of fire Flashed out and licked along his upper teeth. Smoke rolled inside the sockets of his eyes.) Then he came at me with one hand outstretched, The way he did in life once; but this time I struck the hand off brittle on the floor, And fell back from him on the floor myself. The finger-pieces slid in all directions. ( Where did I see one of those pieces lately? Hand me my button-box – it must be there.) I sat up on the floor and shouted, “Toffile, It’s coming up to you” It had its choice Of the door to the cellar or the hall. It took the hall door for the novelty, And set off briskly for so slow a thing, Still going every which way in the joints, though, So that it looked like lightning or a scribble From the slap I had just now given its hand....

Christopher King said...

Don't look now, but nearly six (6) months -- half a year -- Defendant Montminy provides Attorney Mullen "2 police reports dealing with Fox Hill Park and a letter addressed to Grafton County Atttorney Hillaire dated October 15, 2003 requesting officers to patrol all town owned land and parks due to, but not limit to, vandalism. The first report, dated December 16, 2002, consists of fiv (5) pages. The second report dated July 12, 2001 is five (5) pages long. The second report dated October 15, 2003 is one (1) page."



None of these reports relate to the arrests of Nathan Wright or William Miller held Unconstitutional by Judge Cyr as clearly noted in this 24 July post.


This still does not explain why the documents were not produced earlier, nor does it explain why they have still not produced the Liko arrest report or the Wright and Miller documents. I have at no time released them from this obligation as noted in correspondence between Attorney Mullen and me.


This still does nothing to cover up the fact that McKay admitted in his arrest report narrative that he rolled on Liko solely becuase he was motivated by reports of a high-crime area and he was "looking to confirm or deny" said rumours. That is Unconstitutional because there is ho particularized suspicion of criminality to constitute Just Cause. State v. Vadnais, 141 NH 68 (1996).


There is still no affidavit explaining the good faith efforts taken to recover these documents, and that's crucial:

Diamond v. IRS, 1998 U.S. Dist. LEXIS 19534; An agency may demonstrate compliance with the obligations of FOIA by providing supporting affidavits. Perry v. Block, 221 U.S. App. D.C. 347, 352, 684 F.2d 121, 126 (1982).

The supporting affidavits must be sufficiently detailed, not overly conclusive, and submitted in good faith. Id. at 352, 684 F.2d at 126. An agency is not required to provide "meticulous documentation" and instead, "affidavits that explain in reasonable detail the scope and method of the search conducted by the agency will suffice to demonstrate compliance." Id. at 353, 684 F.2d at 127. When the adequacy of an agency's search is challenged by a plaintiff, a reviewing court must decide if the materials submitted by the agency demonstrate a satisfactory search was undertaken. Id. If the agency's responses make it doubtful that a proper search was initiated and completed by the agency, summary judgment in favor of the government would usually be inappropriate. Id.