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

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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

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

Chapter 3: Blue Gremlin – 1977

The King family has always thought it was highly unlikely that Tim left the Hunter-Maple parking lot in a Blue Gremlin. The only automobile publically identified in the murders of these four children has been a Blue Gremlin.

On the night Tim was abducted his 16 year old brother Chris returned from a babysitting job after 10:00 PM and went looking for him in the neighborhood. When Chris got to the Hunter-Maple parking lot, he noticed 2 or 3 cars including a Blue Gremlin. Because Chris had heard that some of the Blue Gremlins had a special Levi upholstery, he even looked in the car to check the type of upholstery. When the information regarding the Blue Gremlin was made public several days later, Chris advised the police of his observation.

When I mentioned this sighting to Oakland County Chief Assistant Prosecutor, Paul Walton in 2012 or 2013 he advised me that this Blue Gremlin information was not in the original Chris King interview. All members of the King family, including Chris, made statements to the investigators on March 17; the day after Tim was abducted. The information on the Blue Gremlin sighting was in the papers several days later. That is when Chris told police about the Gremlin he saw in the parking lot the night Tim was abducted. Walton has not acknowledged this important time difference.

February 18, 2016

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