29 September 2008

KingCast says Kelly Ayotte does good, ensures Gregory W. Floyd can have his old sentence imposed immediately, pursuant to Gibbs, 953 A.2d 439 (2008).

Well folks, here is State v. Gibbs, 953 A.2d 439(2008).

Yah, Gregory W. Floyd was trying to stall the Court and avoid that order of Good Behaviour issue but it’s not going to help him. He is going down, gonna' do some Hard Time, you betcha'. Funny some tool on Topix tried to run that Gibbs game on me a long time ago but as usual, I just kept cool, waiting for October to bust out with it. Ha-ha, dude. Here's the KingCast State v. Floyd, 98-S-242 Amicus Motion.

As a public citizen I raise that issue because Floyd is about to have three (3) court hearings in October, as noted herein. One of those hearings, in 16 October 2008 deals with the matter of imposition of the suspended sentence. Another outstanding issue, as reflected on the Index Sheet of 98-S-242 is the fact that the U.S. Attorney’s Office has not issued an opinion on the 18 U.S.C. 922(g)(1) issue, despite at least three (3) different opportunities to do so. Heck, the Court even stayed proceedings waiting on such a report ten years ago, but the file contains no explanation for how the issue of Floyd’s Return of Property was handled. Read the Index sheet.

See the comments and scribd.com for today’s KingCast amicus brief. The 35 local signatures from Floyd’s neighbors have been submitted directly to Prosecutor St. Hilaire for his investigation and prosecution of Floyd, and asking for 18 U.S.C. 922(g)(1) Indictment and a search of the Floyd Compound for weapons. I also submitted this KingCast collage of Floyd in action, most pics courtesy of Yours Truly, including Floyd's lunge toward me with a Deadly Weapon, also captured by Major Media.

14 comments:

Christopher King said...

Now before I post the Motion I'll take y'all back to the issue of Concord Monitor Annemarie Timmins' hubby, an AAG under Kelly Ayotte.

We're not certain, but we don't believe it is Jeff Strelzin, whom we believe to be divorced.

We believe it to be the successful attorney in State v. Gibbs, one Nick

No pshaaaaw to anyone who says I don't give Kelly credit where credit is due.

In fact, I praised her on the morning of 5/11, when Liko Kenney and Bruce McKay were both still alive.

STATE OF NEW HAMPSHIRE
CASE No. 98-S-242

v.

GREGORY W. FLOYD

AMICUS CURIAE MOTION OF CITIZEN CHRISTOPHER KING, KINGCAST.NET, TO MAKE THE U.S. ATTORNEY’S OFFICE ISSUE A FORMAL STATEMENT ON WHETHER IT WILL INDICT GREGORY W. FLOYD UNDER 18 U.S.C. 922 (G)(1) AND FURTHER SUPPORTING IMPOSITION OF SUSPENDED SENTENCE
PER STATE V. GIBBS, 129 NH 376 (2008)

I. Relevant Facts and Background.

1. Defendant entered a Guilty plea in connection to a charge of simple assault on a police officer and the Court issued a suspended sentence of 1-3 years, with a ten (10) year Order of Good Behaviour, which specifically noted that Defendant was not to possess any firearms, which Defendant has clearly violated on several fronts. He did in fact possess at least one firearm, which was turned in to the Grafton County Sheriff/Prosecutor St. Hilaire this summer pursuant to a bail modification hearing. Attachment 1.

2. Moreover, in 1997/1998 Defendant had surrendered a number of firearms to the State, an inventory list of which the Movant is in possession.

3. Defendant Motioned for a return of said firearms on 14 August, 1998, with he and his wife both lying, making an affirmative (mis)representation to this Honorable Court that all guns would be either sold or “secured in a locked safe with a friend in Manchester, New Hampshire, approximately 100 miles away from the Defendant’s residence in northern Grafton County.” Attachment 2.

4. The State Responded and argued, reasonably, "clearly the items seized from the Defendant present a very real danger to the community and the victim of the crime for which he was convicted." Attachment 3.

5. The Court declined to issue any substantive order, logically relying on the Federal Attorney to issue a pronouncement on whether Floyd would be subject to 18 U.S.C. 922(g)(1). Thus, on 22 September 1998 the Court wrote: “Motion for return of firearms is premature pending decision by U.S. Attorney’s Office as to firearms charges. County Attorney’s Office will notifiy the court and Defendant within 10 days of any decision by the U.S. Attorney’s office as to charges.” Attachment 4.

6. The Court Index record contains no indication that the U.S. Attorney issued any opinion, and the NH Attorney General and the Department of Safety have both independently informed the Movant that they have no proof whatsoever that the Floyds or the State properly disposed of the inventory seized in this case. Attachment 5.

7. In early 2008 the U.S. Attorney’s Office, by and through one Mark Zuckerman, Esq., vowed to the undersigned citizen that they would be submitting the Floyd matter to the ATF for investigation and/or prosecution. Attachment 6.

8. There is nothing in the record that indicates that the U.S. Attorney’s Office has ever taken any action on this case. In September, 2008 U.S. Senator and Vice Presidential Candidate Joe Biden publicly gave the Movant a hug in front of a gymnasium full of 650 people (and countless others viewing the live video and audio stream) and declared that if he were in office this case and others like it would indeed be prosecuted. See picture of discussion at Attachment 7.
******

8. Defendant has objected to the State’s 16 April, 2008 Motion to impose Suspended Sentence, basically arguing that State v. Gibbs, 129 NH 376 (2008) was on appeal. Gibbs, however, has long since been decided on 25 July 2008.

9. The will of the people is important to the State, which already noted in this case that the weapons “present a very real danger to the community,” and Ret. Beausoleil noted in another
Floyd criminal proceeding that:

“This writer is aware of the fact that through other investigations that some of Floyd’s neighbors are afraid of him and of the fact that employees of the Franconia Elementary School have also been threatened by Floyd. This writer intends to make Judge Cyr aware of these concerns and inquire if there was something the State could have done differently to obtain a conviction.”Attachment 8.

Note that KingCast filed an Affidavit in this Honorable Court in case no. 07-E-268 that noted Floyd told an innocent person, without provocation, “Lady mind your own business....I know where you live and I know the route you take him, and if you’re not careful they’ll send you home in a body bag.”

10: Wherefore Movant today presented thirty-five (35) signatures from residents of Franconia, Easton, Sugar Hill, Littleton and other areas stating their express wishes that Floyd be indicted under 18 U.S.C. 922(g)(1), and that his compound be searched for compliance. These signatures have been provided for Prosecutor St. Hilaire and Vara’s investigation of Gregory W. Floyd.

See also the KingCast collage of Gregory W. Floyd in action, all photos taken by the undersigned except for the two as noted, one of which depicts Floyd lunging at the undersigned with a extended cane, which is Assault with a Deadly weapon. Attachment 9.

II. Applicable Law

a) U.S. v. Ruckman, No. 02-7074 (10 Cir. 2003) clearly provides for prosecution of Gregory W. Floyd under 18 U.S.C. 922(g)(1), given that the government is in possession of documents that show Floyd had guns scattered all about his home in the kitchen and bedroom in 1997/1998 and that in 2008 he again had a gun in his home despite the express Order of Good Behaviour. The Ruckman court considered similar factors on non-exclusive possession and affirmed the District Court term of imprisonment of eighty-seven months.

b) State v. Gibbs, 129 NH 376 (2008) clearly provides that the State may now impose the suspended sentence against Gregory W. Floyd as previously discussed because remedial act of imposing a suspended sentence. significant distinction between the original sentence at issue in Cote and the imposition of a suspended sentence.

In fact, consideration of acquitted conduct did not violate due process. Affirmed. BRODERICK, C.J., and DALIANIS, DUGGAN and HICKS, JJ., concurred.


III. Conclusion and Prayer for Relief.

Movant, as a public citizen, requests:

a) That the suspended sentence be imposed immediately after a Due Process Hearing “upon proof by a preponderance of the evidence of a violation of the condition upon which the sentence was suspended.” State v. Weeks, 141 N.H. 248, 251 (1996), as cited in Gibbs, supra;

b) That the Court Order a search of the Floyd Compound given that there is no record of what happened to the guns seized in 1997/1998, and given that the Floyds clearly lied to this Honorable Court when they stated that no firearms would be at their home;

c) That the Court Order the U.S. Attorney’s Office to issue a formal statement on the imposition of 18 U.S.C. 922(g)(1) in this case, as such office has been silent now on three (3) different occasions, i.e. in 1998, in early 2008 to Movant, and in late 2008 after it was evident that Floyd turned in a weapon from his home.

If the U.S. Attorney’s Office had taken a more proactive role in the events of Gregory W. Floyd’s criminal life and sent him to prison for a while back when they first viewed this situation, he may not have murdered Liko Kenney (in this writer’s opinion) nor would he have been as likely to have criminally-threatened AJ Boisvert (as adjudicated by Littleton Judge Peter Cyr).

At least we have the opportunity to prevent further tragedy by acting responsibly at this point to make certain that Gregory W. Floyd is subject to the full measure of punishment available to the local and federal authorities.

Respectfully submitted,

____________________________
Christopher King, J.D.
KingCast.net
15 Beasom Street
Nashua, NH 03064

CERTIFICATE OF SERVICE

Movant hereby notes that he has served a copy of the foregoing Motion to:

James C. Vara, Esq.
Assistant County Attorney

by hand delivery;

Jackie Colburn, Esq.
New Hampshire Public Defender
10 Ferry Street, Suite 202
Concord, NH 03301

via Regular U.S. Mail

this 30th day of September, 2008.

___________________________________
Christopher King, J.D.
On Behalf of KingCast.net

Christopher King said...

Flag this messageKingCast Floyd amicus brief on imposition of suspended sentence.Monday, September 29, 2008 2:56 PM
From: "Christopher King" kingjurisdoctor@yahoo.com>
To: Marta.Modigliani@dos.nh.gov, Andrew.Paparella@abc.com, Kelly.Ayotte@doj.nh.gov, Jeffery.Strelzin@doj.nh.gov, Joanne.Robbins@doj.nh.gov, graftonca@yahoo.com, ray.burton4@gte.net, John.Gallus@leg.state.nh.us,

Now we're getting somewhere.

Kudos to Kelly:

http://www.scribd.com/doc/6301944/KingCast-Floyd-Amicus

http://christopher-king.blogspot.com/2008/09/kingcast-says-kelly-ayotte-does-good.html

29 September 2008

KingCast says Kelly Ayotte does good, ensures Gregory W. Floyd can have his old sentence imposed immediately, pursuant to Gibbs, 129 NH 376 (2008).

Anonymous said...

You claim to be a former AAG, but then you state Floyd is going down. You must be clueless, if in fact you worked within the judical systems you should know the status quo has not been broken. Floyd will probably get time served, and pay some fines, if he is in fact convicted. The appeal is still undecided.

Anonymous said...

Wrong ! He's going down and needs to as he is a danger to society.

Anonymous said...

Just because he needs too doesn't mean he will. There are laws that apply to everyone you cannot hold someone to a higher standard. Because he might have gotten over on the judical system once or twice, it has been well past the statute of limitations for most of the offenses. By holding past acts against him, or trying to bring past acts up in court is only petty and vindictive. The job should be to make sure he doesn't get away with any new offenses, but with Chrissy meddling you might have blown all chance for that.

Anonymous said...

"Petty and vindictive"

GMAFB !

Are you serious !

He stated he has killed "forty-two" times. He was on a ten year "suspended sentence" for threatening to kill a LEO by shooting him "between the eyes".

He killed Liko without any need or warning.

He was recently found guilty for "criminal threatening" of his neighbor. After that guilty verdict was announced her became agitated, uncooperative, abusive and assaulted a LEO by punching him in the face.

He IS a danger to society.

I do know of someone that was "petty and vindictive". That would be Bruce McKay.

Christopher King said...

12:16

Yes, Quiet Man/coward I am indeed a former AAG as you and your circle jerk friends at Topix have finally admitted.

I was working on my own, however, when I defeated the AG's office over their objection and appeal to get Officers Hensley and Rhodes found liable for making my client Michael Isreal a victim of violent crime. V1996-61481.

Next, the Statute of Limitations has not expired for Floyd turning in the gun this year, stupid. Do you even know what the S/L is for 18 U.S.C. 922(g)(1)?

I do.

As to the appeal being undecided, that means he's still Guilty right now, and Gibbs (which you tried to run past me months ago) means that his sentence can be imposed, and if that happens he will most assuredly not get "time served."

Duh.

Christopher King said...

PS:

But then again, Quiet Man, you can't seem to see too clearly about anything. You keep on saying that I don't respect Kelly or her accomplishments, when in point of fact I have just congratulated her again, on winning Gibbs.

Kudos to Kelly!

-The KingCaster

Christopher King said...

PPS:

Now I will note that I did make a mistake; the case citation to Gibbs was really to a cited case within Gibbs. Kind of hard to read off a dang telephone. I think Gibbs is going to be in Volume 157 in NH but my Westlaw research shows that in the Atlantic Reporter it is:

953 A.2d 439

A Notice of Errata will go out today.

As for the Errata of the Feds never responding, and whatever happened to the firearms, that's probably going to be a longer time in resolution, yah.

Again: Kudos to Kelly for winning Gibbs!

Anonymous said...

After reviewing all the pictures posted I can not find one that shows Floyd with "cameras in his face".

If I am not mistaken that was his excuse for the temper tantrum he had at LDC after Cyr found him GUILTY of criminal threatening.

Are there pictures missing ?

My guess is that his lawyer mislead the Judge at Haverhill Court when he implied that Floyd was the victim of an unruley courtroom.

As much as I dis-like Cyr, I will say he maintained a very respectful courtroom the day of Floyd's trial.

Crazy is as crazy does !

Christopher King said...

7:29

Yah, that's because as you no doubt figured out, there were no cameras thrust in Floyd's face.

Nor will there be any cameras thrust in his face tomorrow on 1 October 2008 because the sentencing hearing on 08 CR 23 for the Criminal Threats Conviction in Haverhill District Court has been pushed out to 12 Nov. 2008 2p.

It is a full time job keeping up with this Hooligan.

You should see the cry baby letter I have from him to the court when he was seeking to dismiss one of his lawyers for failing to zealously represent him.

Bill Christie zealously represented him in Littleton and caught all kinds of MF's and SOBs from Floyd for all of his efforts.

What a tool.

A murderous, deceitful tool, IMO.

Anonymous said...

Mr.Christopher King,

You are/have been relentless in your pursit of justice and seeking out the real truth. Bringing corruption and injustices such as these to the publics attention is not an easy task.

My hope is you are blessed on your journey to make the world a better place for all.

Keep up the good work !

I will be reading your "1st Amendment Page" each and every day and offer my support to you.

Christopher King said...

3:38

Solid. So many people wish I would quit, it's awesome.

People including Martha McLeod.

Meantime if you're feeling especially happy you can find that Paypal button on the main page 'cos litigation ain't cheap!

All the best and welcome to the blawg.

-c

Christopher King said...

PS:

People crack me up when they rail on me for doing what I do, when all I want to know is:

How was the issue of the Floyd arsenal resolved in the apparent absence of a Court Order or comment from the U.S. Attorney's office?

Pretty simple stuff.

-c