OCCK

On October 5, 2012 Laurie Brasier of the Detroit Free Press filed a FOIA request with the Oakland County Prosecutor for all documents related to the Oakland County Child Killer investigation. Paul Walton, Chief Assistant Prosecutor, returned 169 pages, including his Affidavit stating that additional documents were exempt. On October, 2012, Brasier filed a second FOIA request for the following documents.

1. All documents provided to the family of Timothy King
2. Birmingham Police Department Reports regarding the investigation
3. Documents related to the vehicles the police investigated including the Blue Gremlin
4. Autopsy reports detailing the condition of the children’s bodies

Please note that we are not seeking photos, as they are exempt, and that we will not be publishing details, except to confirm that the only one child seemed to have been bathed.

Walton responded to the second request with an additional 51 pages including a June 17, 2012 Free Press article by David Ashenfelter. It also includes reports from retired Birmingham Police Lieutenant Jack Klabfliesh and report dated September 7, 1978 from A. Robertson, the Michigan State Police Officer in charge of the original Task Force. Both of these reports make reference to several automobiles other than a Blue Gremlin.

This is another example of the Oakland County Prosecutor providing information to the media that she denies to the victims and the courts.

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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, 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 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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