Chapter 47: False Affidavit???



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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