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

Over the 30 year period from 1977 to 2007, it was customary for the local television stations to review the Oakland County Child Killer case every five years. In late 2006, my children, Cathy and Chris, expressed an interest in joining in the 2007 programs. I advised them that I had no objection but that I would advise the revitalized Task Force of their intentions.

In late 2006, I called Michigan State Police Sergeant Garry Gray and advised him of this suggestion. In his response, Gray indicated he would like to meet with me concerning a new development in this case. I advised him that I could come in any afternoon next week. Twenty minutes later he called and asked if I could come in immediately and I met with him at the Oak Park station. During the conference we made arrangements to meet with my family and the Task Force the next week. I then visited the Oak Park Station with my son Chris and our friend Don Studt, now the Chief of Police in Birmingham. The Task Force was represented by Gray, his assistant Officer Robertson and Cory Williams, the Livonia Police Officer working with Gray regarding pedophile rings on Cass Avenue and in the Wayne and Oakland County. They advised me that the Task Force was following a lead on Ted Lamborgine, a long time participant in the Detroit Cass Avenue and the Oakland County child pedophile cases. The Task Force believed that Lamborgine was a possible lead to the identity of the Oakland County Child Killer.

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OCCK

When Chris Bush was arrested on the Genesee County charges in Alma MI, on January 28, 1977 and after waving his Miranda rights, Busch made statements to the arresting officers. He admitted that he was a homosexual and liked young boys who tend to be 10-15 years old. Partial results of this interview are summarized in paragraph 3-S of the search warrant affidavit in Chapter 8( Exhibit A) which reads as follows.

“Busch told detectives that he and Greene had discussed and planned how they would kidnap, hold and molest young boys. Busch stated that he and Greene agreed that one would work days and the other nights, so that one of them would always be with the kidnapped child. Busch further described 3 locations where he picked up young boys in the past. These locations are as follows:

• 9 Mile and Woodward are in Ferndale;
• In Royal Oak near 13 Mile Rd and Woodward;
• In the area of 12 Mile and Greenfield Rd, more specifically, Hartfield’s Bowling Alley and the 7-11 party store located directly across the street.

Doan reported that he asked Busch what they intended to do with the child after they were through with him. Doan wrote in his report that Busch could not answer. “

The above locations are where Mark Stebbins, Jill Robinson and Kristine Mihelich were abducted. My judgment is that this location is not coincidental.

In 1976 and 1977 were these locations identified by any other child victims or pedophile suspects?

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OCCK, Uncategorized

I could not have written this Story unless Tim’s sister, Cathy, and brother, Chris had not obtained a lead on an unidentified suspect in July 2006. In 2010, Downtown Publications, a new monthly newspaper in the Birmingham-Bloomfield Hills area, in its original issue described the Oakland County Child Killer Case including quotations from Oakland County officials. This prompted Cathy to write the attached letter to the editors dated September 30, 2010 concerning the origination of the Christopher Busch lead. Rather than provide you with second hand information, I am attaching her 6 page letter (Exhibit E) which summarizes the identification of Busch as the principal suspect. The King family is convinced that if Cathy had not called the Livonia Police Department with information on this unidentified suspect, none of this information would have been publicized. Her actions led to the title to this Chapter which I copied from a popular fiction novel publicized several years ago.

Please note that her letter is dated before my family received any documents form the public authorities regarding Tim’s murder.

Click here to view Cathy’s letter to the editors

page 1

page 2

page 3

page 4

page 5

page 6

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OCCK, Uncategorized

I commenced this story with two of my major concerns over the investigation of my son’s death. For 30 years the King family, and to my knowledge, the families of the other three victims, relied on law enforcement to identify the killer or killers. It was more than 33 years after Tim was abducted that the authorities provided me with any information. In response to my FOIA action, the Michigan State Police provided me with 3,411 pages on December 15, 2010.

My first major concern was the automobile identification process. I outlined these concerns in Chapters 3 to 7. There was little or no basis for emphasizing the participation of a blue AMC Gremlin when the files make substantial reference to other automobiles. In particular, a Pontiac LeMans was identified as being involved in three of the murders and the fourth murder even referred to a Pontiac without identifying the brand. This has continued for forty years. Why? Was this tactic deliberate? There were a lot more Pontiac LeMans on the road than there were AMC Gremlins. Is it possible for the current investigating officers to correct my perceived omissions?

My second concern is the lack of information from the Oakland County Prosecutor and the Oakland County authorities. It is my understanding that on October 28, 2008, the date of the Search Warrant, the Oakland County Prosecutor, the Wayne County Prosecutor and the Michigan State Police all believed that Christopher Busch was the best suspect at that time. I was unaware of the Search Warrant Affidavit until the Oakland County Prosecutor went to Court without my knowledge and perhaps the judge’s knowledge of my involvement to deny everyone access to this document. Was this done with a suggestion or cooperation of the Oakland County officials? Why did Jessica Cooper advise me on March 1, 2010 that Busch was no longer a suspect?

In continuing my story, over the next chapters I will discuss the following:

a. Identification of Busch as a suspect

b. Identify, Christopher Busch, Gregory Greene, Vince Gunnels, Ted Lambrogine and Archibald Sloan, the only suspects identified to me by law enforcement, and

c. The chronology of the events leading up to my FOIA lawsuits.

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OCCK

After delivery of the two Suppression Orders to the Oakland County Circuit Judges in my FOIA cases, both judges properly ruled that I could not have access to the Search Warrant information in their courts. If you wish to challenge a court order you are required to go to the judge that entered the order and contest the matter in that court.

When I visited the 48th District Court, the Clerk at the counter did not know what I was talking about. The Suppression Orders did not have a case number, a requirement under the Michigan Court Rules. When she talked to her superior, he told her not to ignore my request.

I then filed a Motion to intervene in the 48th District Court case to get access to the file. In response, Assistant Prosecutor, Paul Walton, filed an Affidavit stating that the Oakland County Circuit Judge, Wendy Potts had already denied me access to the information. Similarly, he had previously told Judge Potts that I was required to bring the matter before the 48th District Court. Michigan Case Law does not allow an attorney to take contrary positions in different lawsuits. I would like an explanation from Walton as to which court had jurisdiction to hear my argument since he denied me jurisdiction in both courts.

After Judge Small denied my motion to intervene, I filed a Motion for Reconsideration which was not acted upon for almost a year. When I wrote the Judge a letter asking for a ruling on my Motion for Reconsideration I received a telephone call from Gary Klein who identified himself as the research attorney for the 48th District Court. Klein agreed to make the information available to me. I visited the Court on April 1, 2013 and was given the Search Warrant information.

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OCCK

In order to obtain the April 29, 2011 suppression orders from the 48th district court, the accompanying Ex Parte Motion to Clarify Order of Suppression of the October 28, 2008 search warrant and affidavit filed by the Oakland County Prosecutor states as follows:

4. That this Court has issued sixteen orders continuing the suppression of the search warrant and affidavit in this matter. The last issued March 23, 2011, and to continue to in force to May 18, 2011.

The expiration date on the fifteenth Order of Suppression expired on March 7, 2011, 840 days after October 28, 2009 Search Warrant Affidavit was issued. The sixteenth Order was not issued until March 23, 2011. Obviously, one or more of the 15 orders of suppression were issued after the expiration date of a 56 day period. Whenever the first order was not renewed within the 56 day period it can no longer be suppressed. This occurred all subsequent orders of suppression were improperly entered. The statute contains no provisions allowing the prosecutor to obtain ex parte orders once the 56 day renewal period is breached. Is my interpretation correct? Did the Oakland County Prosecutor advise the 48th district court of this interpretation when the order was entered?

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OCCK

In my 57 years of practice, I have no criminal law experience except for a few drunk driving cases early in my career. The Michigan Search Warrant Statute came to my attention when the Oakland County Prosecutor presented the April 29, 2011 orders in both my Michigan State Police and Oakland County Prosecutor FOIA lawsuits. The Order stated basically that no one could have access to the Busch search warrant file in the 48th District Court for the search of the former Christopher Busch residence on October 28, 2008.

The last sentence of Section 9 of the Michigan Search Warrant Statute (Act 189 of 1966) specifically provides that the suppression orders authorized by the statute do not apply in FOIA cases:

(9) On the fifty-sixth day following the issuance of a search warrant, the search warrant affidavit contained in any court file or court record retention system is public information unless, before the fifty-sixth day after the search warrant is issued, a peace officer or prosecuting attorney obtains a suppression order from a judge or district court magistrate upon a showing under oath that suppression of the affidavit is necessary to protect an ongoing investigation or the privacy or safety of a victim or witness. The suppression order may be obtained ex parte in the same manner that the search warrant was issued. An initial suppression order issued under this subsection expires on the fifty-sixth day after the order is issued. A second or subsequent suppression order may be obtained in the same manner as the initial suppression order and shall expire on a date specified in the order. This subsection and subsection (8) do not affect a person’s right to obtain a copy of a search warrant affidavit from the prosecuting attorney or law enforcement agency under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. MCL 780.651 (9)

SECTION 9 SPECIFICALLY STATES IT DOES NOT APPLY TO MY FOIA CASES AND BOTH THE OAKLAND COUNTY PROSECUTOR AND THE 48TH DISTRICT COURT HAVE SUCCESSFULLY REFUSED TO DISCUSS THIS ASPECT OF MY CASE WITH ME.

In addition, Section 9 of the Michigan Search Warrant Statue also contains language suppressing the access to Search Warrant and Search Warrant Affidavits. All of the Search Warrant information is suppressed for 56 days. If the prosecutor wants to extend it beyond 56 days it must file a renewal order within the previous 56 day period. If no 56 day renewal order is entered the information is available to the public on the 57th day. The Statute does not contain any language allowing any public body to file subsequent suppression orders after the first 56 day period expires. I will discuss this further in chapter 11.

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OCCK

As mentioned in Chapter 3, the King family always thought it was unlikely that a Blue Gremlin was involved in the 1977 abduction of Tim. The information I received from the Michigan State Police on December 15, 2010 and subsequent information described in Chapters 4, 5 and 6 universally support the original King family conclusion.

When you can’t sleep during the night and no one will talk to you, conjecture is the only basis for your conclusions. Chasing the Blue Gremlin lead probably led to a lot of wasted time. There were a lot more Pontiac LeMans on the road than Blue Gremlins in 1977; would this extra follow up be a burden? Did one or more of the leading suspects die, perhaps by murder or suicide, and therefore could not be identified or charged? Why didn’t Oakland County take some action when retired Detective Jack Kalbfleisch contacted officials this century? If you can’t sleep tonight, can you think of any sensible reasons for silence?

Law enforcement not only owes the families of the four victims an explanation for this serious oversight, but also the media and the public. They are entitled to this additional automobile information that could help in solving the most heinous unsolved crime in the State of Michigan.

As I told you in Chapter 2, the two major concerns of the OCCK investigation, which came to my attention after December 15, 2010, were the incorrect automobile information and the attempts by the Oakland County Prosecutor to deny me access to the October 28, 2008 Search Warrant Affidavit for the former Busch residence. I will discuss the second major reason in the following chapters.

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