OCCK

The King family was pleased to learn that the new OCCK Task Force was formed in 2005. When my children wanted to participate in the 2007 five year television recognition of the OCCK in 2007 I phoned MSP Sergeant Garry Gray, the Task Force Commander, in late 2006 to keep him informed. Gray wanted to meet with me almost immediately and Don Studt, Chris and I met with Gray and Livonia Police Detective Cory Williams shortly after the phone call. We were advised the Task Force was following up on a lead involving Ted Lamborgine. This prompted Cathy to call Williams in July 2007 with the Patrick Coffey-Lawrence Wasser lead. Based on this lead, Williams and Gray later identified Christopher Busch, Gregory Greene and Vince Gunnels as possible suspects.

The King family later learned that Lamborgine and Busch had failed lie detector tests. The MSP reports which I received on December 15, 2010 indicated that Wayne County and the Task Force had accumulated the trace evidence from the many locations in which had been stored. This bothered me because no one had attempted to do this for over 30 years.

The evidence accumulated by Williams and Gray led them to consult with the Oakland County Prosecutor on October 14, 2008 for a search warrant for the former Busch residence. The OCP prepared the search warrant affidavit (Chapter 8, Exhibit A) on October 28, 2008. To my knowledge no one has ever contradicted the facts stated in this affidavit. It is my understanding that the Wayne County Prosecutor, the OCP and the MSP all thought Busch was the best lead ever received in the OCCK case when the October 28, 2008 search affidavit was signed.

The MSP reports and other facts indicate that Oakland County did not participate in the OCCK case until October 2008. The King family received encouraging oral reports but no written evidence prior to the October 27, 2009 Task Force meeting.

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OCCK

This relationship portion of my Story has been the most difficult to organize and present. This is due partially to the time schedule of events and the timing on when the information was delivered to me from the agencies involved. Please bear with me.

The number of communities and agencies with investigative jurisdiction and decision making authority have caused the King family confusion and concerns. The four children were abducted in four cities and their bodies were found in four other locations. Tim’s body was found in Livonia located in Wayne County. All the other locations were in Oakland County. In addition to the police in these eight locations the Michigan State Police, the Oakland County Sherriff and Prosecutor, the Wayne County Prosecutor and the FBI have worked on the case.

Sometime in 1977 the MSP was assigned to operate a Task Force to examine the four murders. The federal government paid substantial money for the search. I remember telling my friends I may not ever pay enough income taxes to equal the amount the Task Force expended. This Task Force terminated on December 15, 1978 when the funds were spent without identifying any suspects
The MSP was appointed to manage the Task Force. To my knowledge Wayne County did not work on the case during the initial term of the Task Force. Except for an occasional call from the Birmingham Police the King family received no information on the case for the first 30 years.

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OCCK

My interest in the above matter arose when my friend Judy Dieboldt of the Detroit News called me after Jane Burgess was identified as the attorney for Christopher Busch in his four pedophile convictions. Dieboldt told me that before she was married she socialized with Jessica Cooper and Burgess who were close friends.
The MSP reports which I received on December 15, 2010 further aroused my interest on this friendship. The OCCK Task Force met with Cooper on February 20, 2009, shortly after Cooper took office as the OCP. Present were Cooper and three assistant prosecutors, prosecutors Kym Worthy and Robert Moran from Wayne County, and Cory Williams and Garry Gray from the Task Force. Williams presented the facts and asked Cooper if she would charge anyone in the OCCK murders if the only evidence was circumstantial. I have therefore concluded that the evidence which was being accumulated had not been tested. In conclusion Cooper stated “that the current Task Force can count on the full support of the Oakland County Prosecutors Office”
I also received later oral advice that when Cooper learned Burgess was the Busch attorney Cooper stated her friend Burgess would not represent a pedophile who was charged in four separate cases. Cooper had to be reminded that Burgess pled Busch guilty in all four cases.

The MSP reports also contain an October5, 2009 email from MSP Sergeant Gary Gray to His superior, Captain Harold Love which states:
“7. Oakland County Prosecutor’s haven’t kept up to date on the investigation at their request….”

Did the close personal relationship with Burgess affect Cooper’s judgment? If you were the complaining party in a criminal case would a personal or professional relationship between the prosecutor and the defense attorney concern you? Why and when did the OCP stop receiving reports?

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OCCK

Oakland County formed a Citizen’s Grand Jury in the spring or early summer of 2011 to examine several cold cases, including the OCCK case. I have heard rumors that the OCCK case was added after the original filing, but I need clarification on this fact. The media has reported that two suspects in other cases were indicted and convicted as result of these grand jury proceedings.

Interestingly, the media reported the Oakland County Prosecutor introduced mDNA evidence in one of the other cases. However, as discussed previously in this Story, the OCP had advised me that the mDNA match between Vince Gunnels and Kristine Mihelich is not admissible. What’s good for the goose should be good for the gander!

Since I have received no reports on the Oakland Grand Jury findings on the OCCK portion of the grand jury, I have assumed no one was indicted in the OCCK case. The privacy provisions of the Grand Jury Statute limit third party inquiries on this result.

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OCCK

The Michigan Grand Jury Statute provides for a Citizen’s Grand Jury and a Judicial Grand Jury. A Citizen’s Grand Jury is heard by a jury of 15 to 20 citizens and has a term of one year. A Judicial Grand Jury is held before a judge and the one year term can be extended under certain conditions. If a crime involves more than one county, the statute provides that the hearing can be held in one county rather than requiring each county spending its time and money for this purpose.

This multiple county provision has particular application to the OCCK case because Tim’s body was found in Wayne County and all other activities took place in Oakland County. The use of one Grand Jury is the better procedure. For example, if Wayne County considered Suspect A was the murderer and Oakland County sought indictment against Suspect B, both suspects could argue innocence because the other suspect was guilty. But what if both suspects participated in the murder? For instance what if Suspect A procured young children who were abused by Suspect B? Even worse, what if there is an organized group involving many other individuals?

The MSP reports indicate that Kym Worthy, the Wayne County Prosecutor, was considering a grand jury as early as October 15, 2008. The entry states that she wanted to examine several redacted names and “Cabot”. Ralph Cabot was the Genesee County polygrapher who examined Christophe r Busch on January 27, 1977. Did Wayne County formed a Judicial Grand Jury in the fall of 2010 after discussions with the Oakland County on a one county grand jury were unsuccessful or was this during the time that Jessica Cooper would not talk with Kym Worthy? I would like clarification of this fact.

Wayne County advised me in 2015 that its Grand Jury did not indict anyone and was terminated after several extensions.

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OCCK

The Busch criminal files in both Genesee and Oakland County contain provisions that Christopher Busch will not be granted probation. However the ultimate result in both Counties was probation and no one will explain this result to me.

On June 29, 1977 the Genesee County Assistant Prosecutor Judith Fullerton wrote to the Montmorency County Prosecutor and stated as follows;

“Our office will allow Busch to plead guilty to Assault with Intent to Do Criminal Sexual Conduct Involving Penetration, but we will not enter into a sentence concession whereby Busch will be placed on probation.”

You will recall that Gregory Greene, the co-defendant in this case, was sentenced to life in prison and Busch, who did the same child, received probation. Ms. Fullerton is now a Circuit Judge and refused to talk to me when I twice tried to call her.

In the summer of 2012 Chief Assistant Prosecutor Paul Walton gave me the
Complaint in the Oakland County criminal file against Busch. It contained a handwritten note “No Deals R. Thompson”. He told me this meant no prosecutor could settle the case without his approval. Walton stated that if it happened today he would fire the Assistant Prosecutor who settled a No Deal case without his permission. I will discuss this aspect of the case in my Chapter on Mr. Thompson.
The results in these two cases support my concerns that who the defendant is may be more important than what he did. Do you agree?

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OCCK

Chapter 49: Richard Thompson

Richard Thompson was the Chief Assistant Prosecutor in Oakland County in 1977 and succeeded L. Brooks Patterson as Prosecutor. He drove to Flint in a snowstorm to attend the polygraph examination of Christopher Busch on January 28, 1977. Thompson attended the examination to determine if Busch was involved in the murder of Mark Stebbins, the first victim. On February 22, 1977 the Sunday News published an article stating that Busch was not involved in the Stebbins case because he had passed the lie detector test.
In early 2011 a member of the Birmingham Senior Men’s Club asked me if I would like to meet Thompson and I attended a function in his neighborhood. When introduced Thompson associated my case to a blue Gremlin. While we could not talk that night I contacted him later and mailed him a letter on June 20, 2011 requesting a meeting and providing him with some file material. Thompson stated that he did not remember much about this case. Although Thompson originally agreed to meet with me I received no further information to meet and discuss my original or subsequent letters. Since Thompson was from Oakland County this should not have been a surprise.

Among the papers I mailed Thompson was a handwritten police report dated January 28. 1977 of a Busch interview stating “Officers advised him Greg Greene told these officers that he, Busch, had killed Stebbins”. If you were examining the Stebbins case would you follow up on this lead?

The documents also included an undated email from MSP Sergeant Garry Gray to MSP Lieutenant Darryl Hill stating “…and Dick Thompson from the Oakland County Prosecutor’s office believed these two men were involved in the child murders.”

As both the Chief Assistant Prosecutor and then Prosecutor Thompson was responsible for managing the OCCK case for more than a decade. If you were responsible for solving the most heinous unsolved crime in Michigan would you remember what you did? Is this another instance where the Oakland County officials have conspired to cover up for 40 years the status of these murders for reasons unknown to the victims and the public?

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OCCK

The public body in FOIA cases has both the burden of proof and the burden of going forward to claim any exemption from production of documents. In my second FOIA case the Oakland County Prosecutor told the court she had returned all police reports. Quite obviously, if you do not have a document you cannot deliver it. The Oakland County Circuit Court denied me any discovery from the OCP in the trial court, and the November 20, 2012 delivery of the police reports was after the discovery cutoff date.

Interestingly, this subject was raised by the Court of Appeals during my oral argument. I do not have a transcript of the hearing, but I recall one of the judges asking Assistant Prosecutor Jeffrey Kaelin if his office had replied accurately regarding documents to the trial court. Kaelin turned and asked Assistant Prosecutor Thomas Grden, who was also in the court room, for advice and then replied the statement was essentially true.

How does a citizen protect his request for documents in a FOIA case if the public body deliberately or mistakenly states that it does not have the document? What would you do in your FOIA case under these facts?

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OCCK

OAKLAND COUNTY CHILD KILLER

A FATHER’S STORY

Chapter 47: False Affidavit???

In my second FOIA Case, Chief Assistant Prosecutor Paul Walton filed a Bill of Particulars which he signed with an accompanying Affidavit dated August 8, 2012, which states in Paragraph 3(k) as follows:

(k) To prepare my PowerPoint presentation, detailing the strengths and weaknesses of the ongoing aspects of the OCCK investigation, I spent in excess of 200 hours of work, and reviewed literally thousands of pages of documents from source information from FBI and State Police files. During this extensive review of the FBI and State Police files, investigators from the FBI and State Police remained present with their records, acting as both custodians of these records as well as sources of information, as they were almost continuously queried during the review of these records. Upon completion of the review of these records, the materials were returned in their entirety to the FBI and State Police and are not now, nor were they at the time of Plaintiff’s FOIA requests, in the possession of the Oakland County Prosecutor’s Office. These materials were also not copied or logged by the Oakland County Prosecutor’s office, but returned after being reviewed.

On November 20, 2012, in response to my third FOIA request, Assistant Prosecuting Attorney Thomas R. Grden, provided me with 606 pages which contained the following police information from the files of the Oakland County Prosecutor:

a. Michigan Department of State Police Supplemental Incident Report with an original date of February 21, 2008, containing 24 pages.

b. City of Livonia Narrative Report dated March 6, 2008, of a police interview of James Vincent Gunnel, containing 71 pages.

c. Telephone conversations of Vince Gunnels, containing 44 pages.

d. FBI laboratory report dated November 10, 2008 addressed to the Michigan State Police, containing 3 pages.

e. City of Southfield Police Department Narrative Report containing newspaper article entitled “No Slaying in Flint Case” because Christopher Busch had passed a polygraph test

f. City of Livonia Narrative Report dated July 31, 2007 from Detective Sergeant Cory M. Williams related to the Oakland County Child Killings, containing 104 pages.

g. Michigan State Police Interview Report of Lawrence Wasser dated November 30, 2007, containing 50 pages.

h. Several other inserts of less than 10 pages, which appear to be police reports.

The documents which I received on November 20, 2012 contradict the statement of Walton that he had returned all of the police reports. Do you agree with me that the Oakland County Prosecutor owes an explanation not only to me, but to the Oakland County Circuit Court for filing what was a false Affidavit? Rule 3.3 of the Michigan Rules of Professional Conduct place this obligation on any attorney who has knowledge of submitting a false statement to a court.

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OCCK

OAKLAND COUNTY CHILD KILLER

A FATHER’S STORY

Chapter 46: North Fox Island

The Michigan State Police reports contain one small paragraph reference to Christopher Busch having a suitcase of pornographic photographs on North Fox Island. Since Busch was apparently not indicted for his possession of these pictures this prompted my inquiry of this location.

The King Family learned that North Fox Island was an island in Traverse Bay, outside of Traverse City, Michigan. Someone, using an assumed name, had purchased the Island and put in an airplane runway. The Island was then used as a camp for young boys from Detroit who were flown to the island and then sexually abused. The owner was later identified as Francis Sheldon from Grosse Pointe, Michigan, who moved to the Netherlands. He was never extradited or indicted before he died. There were reports that Busch and his pornographic films were delivered to Flint, Michigan, but that no further action was taken against him.

An amazing part of the North Fox Island story is the lack of media coverage over this horrendous operation at that time. It should be a lesson to all of us that people in high places were involved in pedophile activity in the 1970s. North Fox Island was not purchased by a high school coach or a police officer. It should also be a lesson that Christopher Busch was involved in major pedophile activities in addition to his four (4) convictions.

What is the relationship to North Fox Island to the OCCK murders? I have seen no direct connection between these two (2) situations. However, it is a lesson to us that in the 1970s there was substantial pedophile activity which involved many wealthy people and no publicity. It also supports my conclusion that these people in high places were involved in pedophile activity and they did not procure their victims themselves. Don’t forget that four adults called me after the Busch photo was published with reports that he tried to pick them up. Does Charles Busch have any recollection of his brother’s North Fox Island activities?

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