OCCK

The earlier Chapter was from a previous draft and not final copy. This revised Chapter includes the questions and answers from Gunnels, which I omitted from the previous copy.

As we noted in chapters 30 & 31 Ted Lamborgine was the first person of more than 300 suspects in the OCCK Case to fail a polygraph examination. This information was made available to the King family in October 2013 when we received additional police reports.

The Michigan State Police reports I received on December 15, 2010 also indicate that Vince Gunnels, another identified suspect, was polygraphed on July 30, 2009 but the results were redacted in these reports. However, in response to a subsequent request, on November 20, 2012 the Oakland County Prosecutor provided me with her records regarding Vince Gunnels containing the un-redacted polygraph report that he completely failed all aspects of the examination and stated as follows:

“POLYGRAPH QUESTIONS/RESULTS:

Other that the control questions, Gunnels were asked three specific questions regarding the Child Killing Investigation. Due to his DNA, hair being discovered on Kristine Mihelich, he was asked the following:

1. Did you participate in any way in the killing of Kristine Mihelich?

2. Do you know for sure, who killed Kristine Mihelich?

3. Did you have any physical contact with Kristine Mihelich?

(See attached Exam report for all questions asked)

Lt. Dykstra after reviewing the three separate charts involve in the polygraph of James Vincent Gunnels, concluded that Mr. Gunnels, “Completely” failed all aspects of said examination. DPD officer Dan who is a polygraph trainee of Dykstra also concurred with the findings.

POST POLYGRAPH INTERVIEWS:

After reviewing the polygraphs, Lt. Dykstra sat down with Gunnels to explain the results. Detective Gary Williams, Robertson and S.A. Callaghan witnessed on closed circuit television, an interesting statement made by Gunnels after being advised that he failed the test. Lt. Dykstra said to Gunnels: “I received the charts and it shows that you failed the exam”, “Vince I think you’re involved with this”. Gunnels responded by saying, “Okay!” Gunnels never became upset or even reacted in a disgusted, matter of fact manner, that he didn’t do it. He was very quiet and reserved when Dykstra made the statement of believing he was involved and failed the test. His lone single response was, “Okay.”

Gunnels made additional statements advising that he didn’t know the girl and has absolutely no idea how his DNA was on her person. He said he was not with that girl and denied ever knowing Kristine Mihelich. As the posttest interview continued, Gunnels became more and more upset and appeared to speak in a more matter of fact fashion that he wasn’t involved. As Dykstra, insisted that the only reason he failed the examination was because he was involved and knew something.

At this particular point in the posttest interview, the undersigned was advised that it was permissible to record the interview/exchange between Dykstra and Gunnels because Gunnels had been advised of his rights and voluntarily waive same. D/Sgt. Robertson digitally recorded the remainder of Lt. Dykstra’s interview with Gunnels. ***”

If I publish polygraph results I am guilty of a crime. If an Assistant Prosecutor does the same act no one is disciplined.

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OCCK

Since Jessica Copper, the Oakland County Prosecutor, won’t talk to me about the OCCK case, I am setting forth my questions and conclusions regarding the polygraph situation as follows.

1. In Jessica Cooper’s letter on November 13, 2009, was she warning me that she would bring criminal proceedings against me for any publicity on the possible Christopher Busch involvement in the OCCK case as the result of the polygraph by Lawrence Wasser that was never taken?

2. In February 1977 the Oakland County Prosecutor publicly stated that Christopher Busch was not involved in the Mark Stebbins murder because he passed a polygraph test and he gave this information to at least two newspapers.

3. The Oakland County Prosecutor stated under oath that Busch did not pass the February 27, 1977 polygraph when she submitted the search warrant affidavit to the 48th District Court on October 28, 2008.

4. The first person to fail a polygraph test was Ted Lamborgine in 2005 (chapter’s 30 & 31).

5. When Assistant Prosecutor, Thomas Grden reported the failure of Vince Gunnels to pass his July 31 2009 polygraph examination. Jessica Cooper took no action to charge her staff with a crime.

6. If the Oakland County Prosecutor publicly states that a suspect passed a polygraph examination, should any subsequent results to the contrary also be made public?

7. What is the position of Jessica Cooper on enforcing the publication of the criminal provisions of the polygraph statute?

8. Did L. Brooks Patterson violate this statute in 1977?

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OCCK

As we noted in chapters 30 & 31 Ted Lamborgine was the first person of more than 300 suspects in the OCCK Case to fail a polygraph examination. This information was made available to the King family in October 2013 when we received additional police reports.

The Michigan State Police reports I received on December 15, 2010 also indicate that Vince Gunnels, another identified suspect, was polygraphed on July 30, 2009 but the results were redacted in these reports. However, in response to a subsequent request, on November 20, 2012 the Oakland County Prosecutor provided me with her records regarding Vince Gunnels containing the un-redacted polygraph report that he completely failed all aspects of the examination and stated as follows:

“POLYGRAPH QUESTIONS/RESULTS:

Other that the control questions, Gunnels was asked three specific questions regarding the Child Killing Investigation. Due to his DNA, hair being discovered on Kristine Mihelich, he was asked the following:

1. Did you participate in any way in the killing of Kristine Mihelich?

2. Do you know for sure, who killed Kristine Mihelich?

3. Did you have any physical contact with Kristine Mihelich?

(See attached Exam report for all questions asked)

Lt. Dykstra after reviewing the three separate charts involve in the polygraph of James Vincent Gunnels, concluded that Mr. Gunnels, “Completely” failed all aspects of said examination. DPD officer Dan who is a polygraph trainee of Dykstra also concurred with the findings.

POST POLYGRAPH INTERVIEWS:

After reviewing the polygraphs, Lt. Dykstra sat down with Gunnels to explain the results. Detective Gary Williams, Robertson and S.A. Callaghan witnessed on closed circuit television, an interesting statement made by Gunnels after being advised that he failed the test. Lt. Dykstra said to Gunnels: “I received the charts and it shows that you failed the exam”, “Vince I think you’re involved with this”. Gunnels responded by saying, “Okay!” Gunnels never became upset or even reacted in a disgusted, matter of fact manner, that he didn’t do it. He was very quiet and reserved when Dykstra made the statement of believing he was involved and failed the test. His lone single response was, “Okay.”

Gunnels made additional statements advising that he didn’t know the girl and has absolutely no idea how his DNA was on her person. He said he was not with that girl and denied ever knowing Kristine Mihelich. As the posttest interview continued, Gunnels became more and more upset and appeared to speak in a more matter of fact fashion that he wasn’t involved. As Dykstra, insisted that the only reason he failed the examination was because he was involved and knew something.

At this particular point in the posttest interview, the undersigned was advised that it was permissible to record the interview/exchange between Dykstra and Gunnels because Gunnels had been advised of his rights and voluntarily waive same. D/Sgt. Robertson digitally recorded the remainder of Lt. Dykstra’s interview with Gunnels. ***”

If I publish polygraph results I am guilty of a crime. If an Assistant Prosecutor does the same act no one is disciplined.

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OCCK

The search warrant affidavit (Chapter 8 Exhibit A) prepared by the Oakland County Prosecutor contains two subsections discussing the Christopher Busch polygraph history. They provide as follows:

(3) V. “Affidavit has obtained and reviewed a polygraph report prepared by Ralph E Cabot, who at that time was a Michigan State Trooper and a member of the Polygraph Unit at the Flint Post. Cabot reported that he conducted a polygraph test of Christopher Busch on February 15, 1977. During the pre-test interview, Busch admitted that he was sexually attracted to young boys. He denied that he had anything to do with the Stebbins kidnapping and murder. Cabot tested Bush and concluded that he was being truthful. Based on these polygraph test results, Busch was not investigated further as a suspect in the Oakland County child murders.

Y. Affidavit further states that the polygraph charts from Christopher Bush’s polygraph test administrated by Ralph Cabot were recently reviewed by three polygraph examiners, Lt. Robert Dykatra of the Michigan State Police, Tim Larion of the Livonia Police Department and former State Police polygraph examiner John Wojnaroski. Affidavit was told by three examiners that the polygraph charts do not indicate truthfulness, and that at best, the result should have been deemed inconclusive. “

This information was made available to me on April 1, 2013 when the 48th district court granted me access to the search warrant file. Three experienced polygraphers believed Busch did not pass the January 27, 1977 polygraph test, while the conclusion of the initial polygrapher to the contrary was published and apparently relied upon by law enforcement for over 35 years.

The timing of the original conclusion that Busch has passed a polygraph test is particularly disturbing to the King family. This polygraph was taken on January 27, 1977, and Tim was abducted on March 16, 1977. If Busch had not passed the January 27 polygraph examination, he may not have been granted bail as a murder suspect. Furthermore, as noted in Chapter 29 the codefendant in Genesee County, Gregory Greene, more than once told the investigating officers that Busch had killed Mark Stebbins.

Is it possible the elimination of Busch and is companions as suspects on March 1, 2010 was an effort by Jessica Cooper to protect those officials who relied on a polygraph test to terminate further investigation on this portion of the case? The Oakland County Prosecutor concluded in 1977 that Busch was not involved because he passed a polygraph test. Are the victims and the public entitled to similar information when three other polygraphers disagree with this conclusion?

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OCCK

In the first letter I have received from Jessica Cooper is dated November 13, 2009 following the one and only meeting with the Oakland County Task Force on October 27, 2009. In this letter she states as follows:

“In addition, the publicizing of some information, such as that related to polygraphs is actually a crime.”

On November 13, 2009, I had no information that Ted Lamborgine, Christopher Busch or Vince Gunnels had been polygraphed. Therefore, I assumed that the quotation was related to the polygraph that Lawrence Wasser/Christopher Busch which was discussed in Chapter 21. It is my understanding that Wasser never commenced the Busch polygraph. I did not understand why any reference to their conversation was a crime under the polygraph statute. If any prosecutor or criminal lawyer reviewing this chapter has legal authority to the contrary, I would appreciate having this brought to my attention.

Imagine my surprise when I received the Michigan State Police reports on December 15, 2010. The report contained newspaper articles which L Brooks Patterson, then the Oakland County Prosecutor, was quoted as saying that Chris Busch was not a suspect in the Mark Stebbins murder because he had passed a polygraph test. The MSP reports also indicated that Oakland County Chief Assistant Prosecutor, Richard Thompson, was present at Busch’s polygraph presumably to determine if Gregory Greene and/or Busch were involved in the murder of Mark Stebbins, the first victim.

On November 13, 2009 was Cooper warning me that any reference to the Wasser/ Busch polygraph, which was never taken, was a crime while the statute provides some exemption to prosecutors? Am I entitled to an explanation from Jessica Cooper why her office is entitled to publicize polygraph information while I or any other victim is not?

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OCCK

As I discussed in Chapter 39, prior to the March 1, 2010 phone call from Jessica Cooper my family had requested only two documents from the appropriate authorities, the Bloomfield Township Police Department and the Genesee County Circuit Court. In both instances the authorities denied the King family access to this information and then provided the information to Heather Catallo of Channel 7.

After the revitalized OCCK Task Force denied the many requests of the King family for a conference, I decided to take the matter to the public. Realizing my story would not fit into a three to five minute portion of the six o’clock news, I called my friend Judy Dieboltd at the Detroit News. Marney Keenan a reporter and Dieboltd met with me to discuss this matter. Keenan has been so intrigued by the case that she is preparing to publish a book on the entire investigation.

Keenan has advised me that she contacted Jessica Cooper for information and they had a conference in August 2012. Keenan told me that the conference took place for more than two hours. Is it another instance of law enforcement providing information to the media that is not provided to the victim?

In my two Freedom of Information Act lawsuits against the Oakland County Prosecutor, the Oakland County Prosecutor successfully denied me any information. Both the Oakland County Circuit Court and the Michigan Court of Appeals confirmed this result. If the information of the Busch investigation is exempt from disclosure under the Freedom of Information Act, why did Jessica Cooper, Oakland County Prosecutor, provide this information to members of the media on at least three occasions?

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OCCK

On October 5, 2012 Laurie Brasier of the Detroit Free Press filed a FOIA request with the Oakland County Prosecutor for all documents related to the Oakland County Child Killer investigation. Paul Walton, Chief Assistant Prosecutor, returned 169 pages, including his Affidavit stating that additional documents were exempt. On October, 2012, Brasier filed a second FOIA request for the following documents.

1. All documents provided to the family of Timothy King
2. Birmingham Police Department Reports regarding the investigation
3. Documents related to the vehicles the police investigated including the Blue Gremlin
4. Autopsy reports detailing the condition of the children’s bodies

Please note that we are not seeking photos, as they are exempt, and that we will not be publishing details, except to confirm that the only one child seemed to have been bathed.

Walton responded to the second request with an additional 51 pages including a June 17, 2012 Free Press article by David Ashenfelter. It also includes reports from retired Birmingham Police Lieutenant Jack Klabfliesh and report dated September 7, 1978 from A. Robertson, the Michigan State Police Officer in charge of the original Task Force. Both of these reports make reference to several automobiles other than a Blue Gremlin.

This is another example of the Oakland County Prosecutor providing information to the media that she denies to the victims and the courts.

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OCCK

On June 19, 2012, Kevin Dietz of Channel 4 requested the following information from Jessica Cooper:

“Pursuant to the provisions of the Freedom of Information Act, please accept this request for the following records:

1. A copy of the Christopher Busch CSC file that we reviewed in your office on Monday, June 18th 2012”

Including the standard cover letter the OEP response included 121 pages.”

OBVIOUSLY, THE OAKLAND COUNTY PROSECUTOR SHOWED THIS INFORMATION TO KEVIN DIETZ PRIOR TO HIS FOIA REQUEST.

Am I entitled to an explanation from the Oakland County Prosecutor? Were these documents shown to Kevin Dietz prior to his request?

Should the Oakland County Prosecutor explain to the Oakland County Circuit Court and the Michigan Court of Appeals, why this information was made available to Channel 4 while arguing in my FOIA cases that it was exempt information under the Freedom of Information Act? Is it just happenstance that Jessica Cooper was running for reelection in 2012?

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OCCK

In reading my Story, please remember that the government did not provide me with any documents until I received the Michigan State Police reports on December 15, 2010. It was more than 9 months after the March 1, 2010 phone call telling me Christopher Busch and his companions were no longer suspects. It was only after December 15, 2010 that I determined the identification of the blue Gremlin as being incorrect.

It was not until April 1, 2013 when I was finally granted access to the 48th District Court Files that I obtained the information of the abuses by the Oakland County Prosecutor of the Michigan Search Warrant Statute to prohibit my access to this file. In obtaining the Suppression Orders, the Oakland County Prosecutor (a) ignored the statutory provision indicating that the statute was not applicable to FOIA cases, (b) obtained the orders without any supporting testimony or facts, and (c) submitted to the Oakland County Circuit Court two true copies of orders dated April 29, 2011 which were not identical.

Do you agree with the King family that the officials owe me an explanation on the blue Gremlin and search warrant questions?

My Story then discusses the 5 identified suspects in Tim’s murder and most of this background information provided to me after the Michigan State Police Reports were delivered.

The rest of my Story will discuss various subjects that came to the attention of the King family after December 15, 2010. In reviewing these future subjects, please remember that Jessica Cooper told me on March 1, 2010 that the suspects identified by my children were no longer suspects. Thus far we have reviewed no evidence exonerating these suspects. Did she make this determination based on her dictatorial powers as a prosecutor and were other Oakland County personnel also involved in this decision?

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OCCK

Prior to the March 1, 2010 telephone advice from Jessica Cooper that Busch was not a suspect, my family had requested only two documents concerning Tim’s death. First, after Christopher Busch was identified, Cathy’s attorney friend, Lisa Milton, requested a copy of his suicide report from the Bloomfield Township Police Department on January 24, 2008. The Township replied that the file had been destroyed and therefore could not be produced.

Twenty three months later, on December 3, 2009, Heather Catallo of Channel 7 gave me the suicide report. Interestingly, when I received the Busch file from the Michigan State Police on December 15, 2010, there was a note that the suicide report had been delivered to the Michigan State Police in February 2008.

In 2011, I visited the Township Police Department for an explanation. The Township advised me that it received a call in February from the Michigan State Police and an officer was instructed to locate the file. After a day and a half he determined that the file had been misplaced and delivered it to the State Police. However, the Department took no action to advise Milton. At our office when we destroy a file we add it to a destroyed file list but apparently the Bloomfield Township Police Department does not keep tract of destroyed files. The Township should adopt this practice.

In early November 2009, my secretary also called the Genesee County Circuit Court and asked for the criminal files on Christopher Busch and Gregory Greene. She was advised the Court could not locate the Greene file and that the Busch file was in the archives. She would order the file from the archives and make it available in a few days. When I called the Clerk for the Busch file the Clerk advised me that the file could not be located. On February 17, 2010, Catallo gave me both files.

These are not be the only incidences when the responsible government officials made files available to the media which have been denied to the King family. I will discuss these future media disclosures in later chapters. The victims should be entitled to the same or better treatment as the media.

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