16 September 2008

NH AG Kelly Ayotte paints herself into an evidentiary corner on KingCast court costs in Franconia.

Let's start with the John Lynch Integrity pledge, before reading part of the KingCast Reply Memorandum in support of cost assessment.

Excerpt: Dear Judge Vaughn, Senator Biden, Senator Kenney and U.S. House Investigating Committee: ".....Similarly, the protocol obtained pursuant to litigation that clearly applies in this case also notes that guns are supposed to be maintained at Officer Deadly Force Policy IV B(f):
“Ensure that guns are not opened, loaded, unloaded, shell casings removed, or in any other way tampered with….”

Yet and still Gregory Floyd went home with Liko Kenney’s live round in his pocket.

b). More significantly, if we take Attorneys Ayotte and Strelzin at their word, Bruce McKay fired his gun. We know this because according to them (disregarding Floyd’s own first two statements):
One: Floyd spoke to Liko at carside prior to shooting him;
Two: Floyd reached in the car window to shoot Liko as he spoke with him;
Three: Floyd was “unarmed” when Liko ran into Bruce McKay (per p. 42 of AG Official Report).

As such, the unexplained windshield bullet on the outside of Liko Kenney’s car must have come from Bruce McKay. Meanwhile, Liko Kenney’s clothing – requested by the Undersigned pursuant to RSA 91-A – will undoubtedly establish muzzle-to-target range so that will help aid in our Constitutional Right to Know what really happened on 5/11. Similarly, Bruce McKay’s clothing will undoubtedly support Respondent Ayotte’s implied conclusion that he fired his gun because there will be gunshot residue on it. She is required to maintain this clothing pursuant to Deadly Force Investigation Policy IV E(9)(e). By way of reference, here is a quote from forensic expert Paul Erwin Kish in the Michael Paulhus police shooting case in Nashua, which will be discussed in the following paragraphs:
"The clothing of Mr. Paulhus was apparently never collected. Had the shirt been collected it may have assisted in establishing muzzle-to-target range."

Of course that dovetails in with the pending litigation and the reach of RSA 611-B:21and autopsy/toxicology reports because the AG’s office has refused to give the public any of this dispositive information on clothing and/or Gunshot Residue (GSR) that should be in her investigative files.

And of course NH LE have been known to fail to maintain such evidence in recent history. In the Michael Paulhus case in the Nashua and/or State police investigators destroyed each and every projectile imprint in the Paulhus van, including the steering wheel, passenger side headrest and door panel. They failed to conduct any trajectory analysis even though they had ample opportunity to do so. See the attached Motion to Dismiss from the Paulhus Attorneys, the 30 June 2005 Hillsborough Court ORDER GRANTING Defendant’s Motion to Suppress and the Interim Report of Paul Erwin Kish, Attachment 2.

Sadly, such activity informs the current Franconia situation because it’s basically a carbon-copy....[snip] See full Memorandum at Scribd.com and in the Comments.

11 comments:

Christopher King said...

IN THE SUPERIOR COURT
GRAFTON COUNTY, NEW HAMPSHIRE
EQUITY DIVISION

PETITIONER’S REPLY MEMORANDUM ON MOTION FOR ORDER OF COSTS

Dear Judge Vaughn, Senator Biden, Senator Kenney and United States House reviewing committee:

Petitioner is clearly entitled to costs from all Respondents for the following reasons.

1. Respondent Ayottte’s arguments are off point. To the extent that the Court already made it clear that Petitioner was entitled to costs when it ordered a reporting of costs in its 6 March 2008 Order. This decision was not appealed by any Respondent and as such, there is a res judicata implication immediately apparent.

2. The Deadly Force Protocol proves that costs must be shared equally in this matter
by Franconia and AG Ayotte. While Defendant Ayotte implies that the litigation was not necessary to promote the exchange of information she forgets some important facts, two of which command your attention at this point.

a). The Court was generous not to find Respondent Ayotte in violation of RSA 91-A when she failed to produce the documents on Gregory W. Floyd that proved he lied about his military background, i.e. the fact that he never was in Vietam. Attachment 1. His open and voluntary lies to the contrary bolstered his credibility on 5/11, and within 24 hours Respondent Ayotte cleared him of all wrongdoing with respect to not only Liko Kenney, with respect to Caleb Macaulay as well.

b). More significantly, if we take Attorneys Ayotte and Strelzin at their word, Bruce McKay fired his gun. We know this because according to them (disregarding Floyd’s own first two statements):

One: Floyd spoke to Liko at
carside prior to shooting him;

Two: Floyd reached in the car window to shoot Liko as he spoke with him;

Three: Floyd was “unarmed” when Liko ran into Bruce McKay (per p. 42 of AG Official Report).

As such, the unexplained windshield bullet on the outside of Liko Kenney’s car must have come from Bruce McKay. Meanwhile, Liko Kenney’s clothing – requested by the Undersigned pursuant to RSA 91-A – will undoubtedly establish muzzle-to-target range so that will help aid in our Constitutional Right to Know what really happened on 5/11.

Similarly, Bruce McKay’s clothing will undoubtedly support Respondent Ayotte’s implied conclusion that he fired his gun because there will be gunshot residue on it. She is required to maintain this clothing pursuant to Deadly Force Investigation Policy IV E(9)(e).

By way of reference, here is a
quote from forensic expert Paul Erwin Kish in the Michael Paulhus police shooting case in Nashua, which will be discussed in the following paragraphs:

"The clothing of Mr. Paulhus was apparently never collected. Had the shirt been collected it may have assisted in establishing muzzle-to-target range."

Of course that dovetails in with the pending litigation and the reach of RSA 611-B:21 and autopsy/toxicology reports because the AG’s office has refused to give the public any of this dispositive information on clothing and/or Gunshot Residue (GSR) that should be in her investigative files.
And of course NH LE have been known to fail to maintain such evidence in recent history.

In the Michael Paulhus case in the Nashua and/or State police investigators destroyed each and every projectile imprint in the Paulhus van, including the steering wheel, passenger side headrest and door panel. They failed to conduct any trajectory analysis even though they had ample opportunity to do so. See the attached Motion to Dismiss from the Paulhus Attorneys, the 30 June 2005 Hillsborough Court ORDER GRANTING Defendant’s Motion to Suppress and the Interim Report of Paul Erwin Kish, Attachment 2.

Sadly, such activity informs the current Franconia situation because it’s basically a carbon-copy, and that is why Petitioner made the windshield bullet demonstrative Exhibit that will be used again in KingCast v. McLeod et al., Grafton Superior 08-E-192. There was no trajectory analysis in either case.

From Kish:

"The portion of the steering wheel containing these bullet impact marks was actually cut from the van..... Apparently a projectile penetrated the front passenger door panel and dented the outer door skin. The door panel was disassembled, but there is no indication of the trajectory of the projectile into the door."

These NH LE also posed as being from the AG’s office, but the AG’s office took no action against these deceitful officials.

From Paulhus:

“The Defendant’s waiver of his Miranda rights was involuntary as it was induced by the trickery and deceit of the officers, particularly Det. Maloney….. In this case, Det. Maloney and Sgt. Parenteau misrepresented the nature of their investigation from the moment they entered the interrogation room with the defendant....Motion to Suppress GRANTED.
-Judge Bernard J. Hampsey, Jr., June 30 2005


Similarly, the protocol obtained pursuant to litigation that clearly applies in this case also notes that guns are supposed to be maintained at IV Policy B(f):

“Ensure that guns are not opened, loaded, unloaded, shell casings removed, or in any other way tampered with….”

Yet and still Gregory Floyd went home with Liko Kenney’s live round in his pocket. Feckless activities like this example, and the blatant malfeasance in the recent Paulhus case shows precisely why the Court must train a critical eye toward everything Respondent Ayotte says and does going forward in the analysis of this case.

CONCLUSION

As such, the record is clear: According to the official version according to Respondent Ayotte, it is clear that Bruce McKay fired his gun. Therefore the Deadly Force Investigation Protocol seen as Attachment 3 should have been forwarded to Petitioner months before Respondent Ayotte provided it to Respondent on the even of Oral Argument, in January 2008. But as we have seen, it is par for the course by the NH AG’s office. Now is the time for this Honorable Court to hold that office accountable for its malfeasance.

Petitioner prays that this Court give the matter its full and unwavering attention lest further tragedy befall the North Country.
Respectfully submitted,

________________________
Christopher King, J.D.
Plaintiff pro se
On behalf of KingCast.net



CERTIFICATE OF SERVICE

I, the undersigned, solemnly swear a true and accurate copy of the foregoing
Reply Memorandum was sent, to the Courthouse via FEDERAL EXPRESS Courier
and via email and Regular U.S. Mail on 16 September 2008 to:

Nancy Smith, Esq.
James Kennedy, Esq.
c/o NH AG Kelly Ayotte
33 Capitol Street
Concord, NH 03301

Daniel Mullen, Esq.
c/o Ransmeier & Spellman
One Capitol Street
Concord, NH 03301

______________________
CHRISTOPHER KING, J.D.
On behalf of KingCast.net

Christopher King said...

KingCast Reply Memorandum on Costs.Tuesday, September 16, 2008 3:55 PM
From: "Christopher King" kingjurisdoctor@yahoo.com
To: 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, robert.letourneau@leg.state.nh.us, martha.mcleod@leg.state.nh.us, townclerk@franconianh.org, dmullen@ranspell.com, police@franconianh.org, selectmen@franconianh.org, Marta.Modigliani@dos.nh.gov...

Dear Kelly:

You can't have it both ways. If Floyd didn't shoot the first bullets then McKay did. And if McKay did fire, then litigation was necessary to flush out the Deadly Force Investigation Protocol authored by your immediate predecessor, Peter Heed, before he was thrust out of office on that sex scandal during the sexual harassment seminar.

Remember, you said that the Deadly Force Investigation Protocol applied only to situations in which an officer fired his gun, and you implied that Bruce didn't fire his gun, which is materially inconsistent with the fairy tale you told about Gregory Floyd and how he came to shoot Liko Kenney only after speaking with him at car side. If your fairy tale is true, then McKay had to have fired the windshield bullet and you owed me that Protocol from the git-go.

By the way, if Floyd did shoot the first bullets then you and Attorney Strelzin have been lying to the World public for the past 14months. Which wouldn't surprise me in the least.

As Bruce McKay would say..... GOTCHA!

Christopher King, J.D.

http://christopher-king.blogspot.com/2008/09/nh-ag-kelly-ayotte-paints-herself-into.html

Anonymous said...

Dirty cops, dirty politicians, dirty Governor. Hate the players !

Gives new definition to our state motto;

"Live free or die"

The list of those killed is getting longer.

Injustices such as these make me so mad.

Liko was a very courageous young man. Bless you Liko !

The battle(s) will continue until we win the/our war of "public corruption".

Anonymous said...

How do we know Floyd did not fire any shots into McKay ?

We do know he admitted to a LEO that he has "killed" forty-two times. We know he has threatened to shoot to kill LEO's in the past.

Has any agency investigated the other "forty-two" kills ?

Does the AG's office think this man is such a liar that such a statement should not be investigated.

If that is the case, then why would the AG's office (within twenty-four hours) call the killing of Liko a "justified" homocide based on Floyd's witness statement(s) ?

Christopher King said...

This case and the Dow murders are two of the biggest LE disgraces to ever visit the Northeast.

-The KingCaster.

Anonymous said...

So far.......

Anonymous said...

It seems that the State of New Hampshire has not conducted these criminal investigations with integrity. Since the governor does little about this, maybe we should refer to them as "Lynch-ings".

Christopher King said...

2:18

You know I left out Paulhus in that statement. How foul can it get before the Feds come rolling in here?

9:41

I've tried to give Governor Lynch the benefit of the doubt, even going to his office as you can see in the KingCast short film and getting a letter published to him in the Caledonian Record, but he has proved to be less than forthcoming.

That's about as politely as one could say it.

Anonymous said...

Chris,

I have some information for you in regards to "organized crime" with NH LE.

Check your e-mail so that I can get this info to you ASAP.

It references Kelly and Lynch. It proves they know very well about LE however continue to choose to ignore the problemof "public corruption".

I would say that is neglegence at the very least and they both need to be held accountable.

Anonymous said...

Hi Chris -

Nice too see you are still standing tall and strong.

Keep up the wonderful work.

Have not forgotten your words of wisdom.

Many Blessing

Izzy

Christopher King said...

Oh, I'm on it.

Today's post is a show-stopper:

http://christopher-king.blogspot.com/2008/09/kingcast-says-g-michael-bahan-judge.html

Cheers,

-c