OCCK

On April 26, 2012 Jessica Cooper was quoted in the Oakland Press stating that she had won the appeal of my first FOIA case. Unfortunately I did not retain a copy of this short quote but I have asked the paper if this is correct. This was quite a surprise because the oral argument before the Court of Appeals was on February 13, 2013 and the decision was published on November 14, 2013.

Before she became prosecutor Cooper was an Oakland County Circuit Court Judge and a Michigan Court of Appeals Judge. I would like to ask Cooper what she would have done if an attorney appearing in her court made a similar statement regarding her unpublished decision. The attorney who may have taken similar action would be advised to take his toothbrush to court on the day of the hearing.

Cooper could not have truthfully announced this result without having some contact with the Court of Appeals. She may have also been misquoted’ deliberately lying or bragging to the reporter. Are the public, the judges and I entitled to hear her explanation?

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OCCK

In my judgment Oakland County has not taken any positive action to solve the OCCK case after my daughter Cathy called Livonia in 2007. Ted Lamborgine, Christopher Busch, Gregory Greene , Vince Gunnels and Archibald Sloan, the only viable suspects identified to the King family, were named from sources other than Oakland County. The Oakland County participation has been silence or denial on these leads. The Oakland County Prosecutor Jessica Cooper is responsible for any improper action in the OCCK case since she took office on January 1, 2009.

When Busch passed a lie detector test on January 28, 1977 the OCP publicly announced he was no longer a suspect in the Mark Stebbins murder. Tim was abducted six weeks later on March 16, 1977. When three other polygraphers later determined that Busch had not passed the 1977 test, the OCP has refused to publish this contrary result or discuss it with me.

The Michigan State Police reports state that as of October 5, 2009 Jessica Cooper did not want to be kept advised on the OCCK case (Chapter 53). This result is directly contrary to her statement of cooperation with the Task Force which she made at her initial meeting with the Task Force on February 20, 2009 (Chapter 53).
Another disturbing factor in my review of the case after receiving the MSP reports on December 15, 2010 was the status of the evidence locations. The original Task Force apparently took no action to obtain evidence from the various communities involved in these four murders. The MSP reports contain several references as to the action taken by Wayne County Prosecutor Kym Worthy and the revised Task Force Officers Cory Williams and Garry Gray to locate and test this evidence. For over 30 years no one had thought to complete this obvious result. This testing led to the possible involvement of Gunnels and Sloan in these murders.

After the October 27, 2009 meeting with the Task Force, Oakland County and the MSP took immediate action to take control of the investigation and to eliminate Wayne County (Chapter 56). As far as known to the King family Oakland County has not achieved any new results during the period it was in control. Also, at some time unknown to us, the MSP renewed its relationship with Wayne County.
Did Oakland County take control because it wanted to solve the case or to terminate the investigation? Are my concerns valid?

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OCCK

Once Oakland County took charge silence again became the norm. In my FOIA cases the Oakland County Prosecutor successfully argued that crime victims are entitled to no information. It is my understanding that Jessica Cooper told her trial prosecutors not to talk to me. During this time period Wayne County Prosecutor Kym Worthy responded to my inquiries and Chief Assistant Prosecutor Robert Moran and Wayne County Investigator Cory Williams conferred with the King family on a regular basis. Moran and Williams have visited with Chris and me on 5 or more occasions.

On October26, 2012 Cooper appeared on TV and stated she had met with me on 27 occasions. I will devote a future Chapters to the falsehood of these claims.

Sometime in the middle of this time period, the Michigan State Police returned to Wayne County for assistance. The King family does not know the time or reason for this change in procedure, but the Task Force responsibility is to solve the case. As discussed previously Oakland County has not identified one suspect in more than 40 years while Wayne County and the MSP found three suspects who failed a polygraph test, identified the hairs found on Mark Stebbins and Tim King with one found in the car of Archibald Sloan were a mDNA match, obtained the scientific evidence which had never been examined and identified the only suspect with a mDNA match to one of the victims. The King family would appreciate information on why the MSP changed its mind regarding Wayne County participation.

The King family was advised in June 2105 that all parties were working together for what may be the first time. For instance the names of all suspects have been placed in a computer system which allows the current investigators to compare any new leads.

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OCCK

In previous Chapters we learned (a) that Wayne County and the MSP had determined that Christopher Busch was the leading suspect in the OCCK case,(b) that the first three individuals to fail a polygraph test had been identified by them between 2005 and 2010,(c) that Wayne County had taken appropriate action to locate and test trace evidence, and (d)that there was a mDNA match between Vince Gunnels and the third victim. Then, for reasons the King family has received no explanation, the MSP linked up with Oakland County and terminated the participation of Wayne County.

Chief Assistant Oakland County Prosecutor Paul Walton outlined this transfer in Section 3 of the sworn Bill of Particulars he filed in my second FOIA case where he stated as follows:

“k. To prepare my Power Point Presentation, detailing the strengths and weaknesses of the OCCK investigation, I spent in excess of 200 hours of work, and reviewed literally thousands of pages of documents for source information from FBI and State Police files. During this extensive review of the FBI and State Police investigators from the FBI and the 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, the materials were returned in their entirety to the FBI and the 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 , but returned after being reviewed.

l. I presented my Power Point presentation to the expanded Task Force at a meeting of the expanded Task Force at a meeting on February 26, 2010.

m. While the MSP has always been, and remains, the lead agency in the Task Force, the Wayne County Prosecutor then requested that her investigator, the former Livonia Officer who authored the conclusory report that Christopher Busch was Oakland County Child Killer be allowed to work with the Task Force.******* The Wayne County investigator was ultimately again asked to leave the Task Force”

The MSP reports have entries in December 2009 where Gray does not respond to Williams. During this same time period Oakland County Prosecutor Jessica Cooper terminated all contacts with Wayne County Prosecutor Kym Worthy.
Having taken no action for 33 years, Oakland County took charge of the case after the October 27, 2009 Task Force meeting and has continued its streak of taking no public action since then.

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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

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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