OCCK

There are a number of innocuous items which have affected my judgment on the involvement of Christopher Busch in the OCCK murders. Among them are a series of unrelated facts which I will discuss before reviewing my other conclusions. These four items include (a) the statement of Richard Thompson that Busch was the leading suspect, (b) the four reports that the guilty party was the son of an automobile or GM executive, (c) the Task Force identification of Busch and his companions to the family of Kristine Michelich on October 19, 2009 and (d) the October 5, 2009 report that Jessica Cooper did not want to be kept current of this case.

The report that Richard Thompson thought Busch was the leading suspect demands clarification (Chapter 49). Thompson was the Chief Assistant Oakland County Prosecutor in 1977 who attended the Busch examination in Flint on January 28, 1977 and was later elected Prosecutor. Perhaps no one has better knowledge of this case.

Christopher Busch was the son of H. Lee Busch, a General Motors Vice President. Reports from four unrelated persons stated that the suspect in the OCCK case was the son of a prominent automobile or GM executive are not coincidental (Chapter 45). Based on the documents I have reviewed no one has talked to these individuals. If four people contacted the King family or the media did other persons provide similar information to law enforcement? If anyone else has received similar information, please bring it to my attention.

On October 19, 2009 MSP Sergeant Gary Gray, the leader of the revitalized Task Force, advised the family of Kristine Michelich that Busch and his companions were the leading suspects. On October 27, 2009 the Task Force did not answer any of the questions from the King family. See Chapters 33 to 35. Why couldn’t the Task Force tell the King family the same information it gave to the Michelich family eight days previously? Shortly thereafter Gray was replaced as the Task Force leader and Oakland County took control of the case.

At her first meeting with the Task Force on February 20, 2009 Jessica Cooper advised the investigating officers they could count on the full support of her office (Chapter 53). You can imagine my surprise when I later learned that as of October 5, 2009 Cooper did not want to be kept advised of the OCCK case (Chapter 53). What happened between these two dates to cause Cooper to change her mind?

Is the King family entitled to ask someone to explain the accuracy and the applicability of these observations?

Footnote: you can access this blog at “afathersstory-occk.com’. You can access specific Chapters by adding “/chapter-xx”.

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OCCK

Item 8. 07/14/2011: I have difficulty understanding why my statement to a third party is a meeting. I did not know at that time Jessica Cooper, at her request, was not receiving reports (Chapter 53), that she would share documents and information with the media and not the victims (Chapters 38-40), that the Oakland County Prosecutor had no evidence exonerating Busch (Chapter 63) or that on October 28, 2008 the Oakland County Prosecutor, the Wayne County Prosecutor and the Michigan State Police all believed Christopher Busch was the best suspect when they filed the search warrant affidavit.

Item 9. 07/17/11: On this date Cooper publicly requested information on the possible involvement of Archibald Sloan in the OCCK murders. The Task Force had determined there was a mDNA match between hairs found on the bodies of both Mark Stebbins and Tim King with a hair found in the car of Sloan. I later learned that the investigating officers requested Cooper to go public because they had no facts to charge Sloan other than the mDNA match (Chapter 64). As a courtesy MSP Lieutenant Denise Powell and FBI Agent Sean Callaghan advised my son Chris and I an hour prior to the announcement. I believed then, and I still believe, Sloan could be a good lead. However, the Task Force has not discovered any facts to identify this unknown suspect. On the other hand, the information my daughter Cathy provided the Task Force did result in an identified suspect which Cooper will not discuss with me.

Item 10. 07/18/2012: See my response to the two previous dates.

Item 11. 08/29/2012: When Jessica Cooper would not discuss the Christopher Busch involvement with me I wrote Sheriff Michael Bouchard requesting a meeting with his chief investigator. Bouchard offered to attend but I advised him this was not necessary. No prosecutor was present and I thought that Don Tullock was with the sheriff’s office.

Item 12. 08/29/12: Attached as Exhibit J is the four page memorandum I dictated on my drive home after the meeting. I referred to Tullock as Phelps and made the handwritten insert after this was brought to my attention. Gary Miller called me upon receiving the memorandum to indicate my reference to the Sloan involvement was perhaps understated. I did not receive any facts exonerating Busch from possible involvement.

* * * *
Trial publicity is discussed in Rule 3.6 of the Michigan Rules of Professional Conduct. The rule states “ (a). A lawyer who is a participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. …” Did the TV appearance of Cooper violate this rule?

As I asked you in Chapter 61, how many of these 27 meetings were actually meetings with the Prosecutor?

THIS LIST DELIBERATELY OMITS THE DATE OF JULY 20, 2011 WHEN JESSICA COOPER AND PAUL WALTON ASKED ME TO APPEAR IN COURT WHERE THEY FALSELY ACCUSED ME OF A CRIME. I WILL DISCUSS THIS IN MY NEXT CHAPTER.

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OCCK

As we noted in chapters 30 & 31 Ted Lamborgine was the first person of more than 300 suspects in the OCCK Case to fail a polygraph examination. This information was made available to the King family in October 2013 when we received additional police reports.

The Michigan State Police reports I received on December 15, 2010 also indicate that Vince Gunnels, another identified suspect, was polygraphed on July 30, 2009 but the results were redacted in these reports. However, in response to a subsequent request, on November 20, 2012 the Oakland County Prosecutor provided me with her records regarding Vince Gunnels containing the un-redacted polygraph report that he completely failed all aspects of the examination and stated as follows:

“POLYGRAPH QUESTIONS/RESULTS:

Other that the control questions, Gunnels was asked three specific questions regarding the Child Killing Investigation. Due to his DNA, hair being discovered on Kristine Mihelich, he was asked the following:

1. Did you participate in any way in the killing of Kristine Mihelich?

2. Do you know for sure, who killed Kristine Mihelich?

3. Did you have any physical contact with Kristine Mihelich?

(See attached Exam report for all questions asked)

Lt. Dykstra after reviewing the three separate charts involve in the polygraph of James Vincent Gunnels, concluded that Mr. Gunnels, “Completely” failed all aspects of said examination. DPD officer Dan who is a polygraph trainee of Dykstra also concurred with the findings.

POST POLYGRAPH INTERVIEWS:

After reviewing the polygraphs, Lt. Dykstra sat down with Gunnels to explain the results. Detective Gary Williams, Robertson and S.A. Callaghan witnessed on closed circuit television, an interesting statement made by Gunnels after being advised that he failed the test. Lt. Dykstra said to Gunnels: “I received the charts and it shows that you failed the exam”, “Vince I think you’re involved with this”. Gunnels responded by saying, “Okay!” Gunnels never became upset or even reacted in a disgusted, matter of fact manner, that he didn’t do it. He was very quiet and reserved when Dykstra made the statement of believing he was involved and failed the test. His lone single response was, “Okay.”

Gunnels made additional statements advising that he didn’t know the girl and has absolutely no idea how his DNA was on her person. He said he was not with that girl and denied ever knowing Kristine Mihelich. As the posttest interview continued, Gunnels became more and more upset and appeared to speak in a more matter of fact fashion that he wasn’t involved. As Dykstra, insisted that the only reason he failed the examination was because he was involved and knew something.

At this particular point in the posttest interview, the undersigned was advised that it was permissible to record the interview/exchange between Dykstra and Gunnels because Gunnels had been advised of his rights and voluntarily waive same. D/Sgt. Robertson digitally recorded the remainder of Lt. Dykstra’s interview with Gunnels. ***”

If I publish polygraph results I am guilty of a crime. If an Assistant Prosecutor does the same act no one is disciplined.

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OCCK

As I discussed in Chapter 39, prior to the March 1, 2010 phone call from Jessica Cooper my family had requested only two documents from the appropriate authorities, the Bloomfield Township Police Department and the Genesee County Circuit Court. In both instances the authorities denied the King family access to this information and then provided the information to Heather Catallo of Channel 7.

After the revitalized OCCK Task Force denied the many requests of the King family for a conference, I decided to take the matter to the public. Realizing my story would not fit into a three to five minute portion of the six o’clock news, I called my friend Judy Dieboltd at the Detroit News. Marney Keenan a reporter and Dieboltd met with me to discuss this matter. Keenan has been so intrigued by the case that she is preparing to publish a book on the entire investigation.

Keenan has advised me that she contacted Jessica Cooper for information and they had a conference in August 2012. Keenan told me that the conference took place for more than two hours. Is it another instance of law enforcement providing information to the media that is not provided to the victim?

In my two Freedom of Information Act lawsuits against the Oakland County Prosecutor, the Oakland County Prosecutor successfully denied me any information. Both the Oakland County Circuit Court and the Michigan Court of Appeals confirmed this result. If the information of the Busch investigation is exempt from disclosure under the Freedom of Information Act, why did Jessica Cooper, Oakland County Prosecutor, provide this information to members of the media on at least three occasions?

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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

Prior to the March 1, 2010 telephone advice from Jessica Cooper that Busch was not a suspect, my family had requested only two documents concerning Tim’s death. First, after Christopher Busch was identified, Cathy’s attorney friend, Lisa Milton, requested a copy of his suicide report from the Bloomfield Township Police Department on January 24, 2008. The Township replied that the file had been destroyed and therefore could not be produced.

Twenty three months later, on December 3, 2009, Heather Catallo of Channel 7 gave me the suicide report. Interestingly, when I received the Busch file from the Michigan State Police on December 15, 2010, there was a note that the suicide report had been delivered to the Michigan State Police in February 2008.

In 2011, I visited the Township Police Department for an explanation. The Township advised me that it received a call in February from the Michigan State Police and an officer was instructed to locate the file. After a day and a half he determined that the file had been misplaced and delivered it to the State Police. However, the Department took no action to advise Milton. At our office when we destroy a file we add it to a destroyed file list but apparently the Bloomfield Township Police Department does not keep tract of destroyed files. The Township should adopt this practice.

In early November 2009, my secretary also called the Genesee County Circuit Court and asked for the criminal files on Christopher Busch and Gregory Greene. She was advised the Court could not locate the Greene file and that the Busch file was in the archives. She would order the file from the archives and make it available in a few days. When I called the Clerk for the Busch file the Clerk advised me that the file could not be located. On February 17, 2010, Catallo gave me both files.

These are not be the only incidences when the responsible government officials made files available to the media which have been denied to the King family. I will discuss these future media disclosures in later chapters. The victims should be entitled to the same or better treatment as the media.

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OCCK

After October 27, 2009 there are several inconsistences the King family believes may indicate a lack of cooperation between the various investigating personnel. Two events took place during the meeting which should have warned us about the validity of these concerns.

Prior to the meeting Kym Worthy, the Wayne County Prosecutor, was upset because the Task Force had apparently not advised her of the meeting. Fortunately, Cathy had written requesting her presence. In retrospect, I have no knowledge whether Worthy’s concern was valid, but there was no reason why both prosecutors should not have been present if one of them was present.

I was also concerned because no representative from the Oakland County Sheriff’s Office or the various Oakland police agencies were present. I noted this in my November 9, 2009 to Captain Harold Love as follows:

“We are confused as to the current members of the Task Force, particularly because there were no Oakland County Law enforcement personnel or FBI representatives at the conference.”

Several times in the remainder of this story I will make reference to facts indicating disputes between the various authorities indicating they may have been more interested in who solves the case than solving the case.

The King family agreed to take no further action until December 1, 2009. I exchanged voicemails with Dave LewAllen of Channel 7 in November and agreed to meet with him on December 1, 2009. Channel 7 interviewed Ericia McAvoy and me on December 3, 2009. Thereafter, at the request of Wayne County, the King Family agreed to take no further public action until after April 1. This all ended with the March 1, 2010 phone call from Jessica Cooper closing the case on Busch and his companions.

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OCCK

Chris and I invited Erica McAvoy and her stepfather, Tom Ashcroft, to attend the October 27 conference. When we arrived, the four of us were shown into a small conference room. After half an hour we were asked to join the attendees. Present were Captain Harold Love of the Michigan State Police and four or more additional officers including Garry Gray, the Task Force commander, Oakland County Prosecutor, Jessica Cooper and two of her assistants including Paul Walton, Wayne County Prosecutor, Kym Worthy with her assistant Robert Moran, a Wayne County inspector and several Livonia policeman, including the recently retired Cory Williams. Once the introductions were complete, I asked the following five questions which I confirmed in a letter to Captain Love on November 9.

• Are there any other persons being investigated currently except for Busch and his possible cohorts?
• Who are possible cohorts and what do we know about them?
• What additional polygraphs do you wish to take and what is time schedule?
• Who is the Oakland County prosecutor currently handling this case?
• Give us the name, address and phone number of the responsible lab personnel.
• Do you have the name and address of the informants who turned in Busch? We would like to thank them.

The Task Force did not answer any of these questions.
McAvoy then asked the Task Force about the DNA match between a hair found on her sister’s jacket and Vince Gunnels. At that time, I had no knowledge of DNA. Walton then gave a lecture on Mitochondrial DNA (“mDNA”) and stated that it was not good evidence and compared it to blood type. I later learned mDNA is received from your mother and will include anyone with her heritage unlike true DNA which is almost 100% good evidence of a match. My supplemental research indicates that mDNA evidence is admissible only if there are other sufficient facts involving the suspect.

It was apparent to me that we were being stonewalled and I made inquiry as to whom I should direct additional questions. The Michigan State Police said the Prosecutor and the Oakland County Prosecutor said the Michigan State Police. However, Love volunteered to accept that role and I did have further contact with him in November.

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OCCK

This and the following chapters will discuss the history of the Busch investigation before the March 1, 2010 phone call removing him as a suspect.

During 2009 the King Family attempted to obtain information from Oakland County concerning the status of the Christopher Busch investigation. In June my daughter, Cathy called the Victims’ Rights Office of the Oakland County Prosecutor and received no reply. On June 24, 2009 I wrote the Oakland County Prosecutor requesting an update on the investigation. We received no reply to either inquiry.

Several times in 2009, my son Chris and I asked for a meeting with the revitalized Task Force without a favorable reply. I finally set a deadline date of September 30 and called Michigan State Police Sergeant Garry Gray on that date. He returned my voicemail and we agreed on a meeting date of October 7, 2009. On October 6 Gray’s superior officer, Captain Harold Love, called me to adjourn the date for one week to October 14. During the interim week he called me to advise that there would be no meeting on October 14 with no suggestion of an adjourned date.

On or about October 20, I received a phone call from Erica McAvoy who identified herself as the sister of Kristen Mihelich, the third victim. McAvoy advised me that she had received a phone call from her Mother on Friday, October 16, suggesting that they visit with the Michigan State Police on the status of the investigation. Gray agreed to meet with them on Monday, October 19 and showed them books on the three major suspects; Christopher Busch, Vince Gunnels and Gregory Greene.

After October 20, I received a phone call from the Michigan State Police indicating that the Task Force would meet with the King family on Tuesday, October 27. In view of the comments from McAvoy, my son Chris and I looked forward with confidence that we would receive similar information to that given to the Michelich family.

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OCCK

The Task Force formally advised the King family that Gregory Greene was a potential suspect when his participation was discussed in the Michigan State Police reports we received on December 15, 2010.

Gregory Greene was a known pedophile and companion of Christopher Busch. The Michigan State Police reports have extensive history of his pedophile convictions in California, including one case in which Greene thought the boy was dead and dropped him off at a hospital. Fortunately, the boy lived. After he served his jail term in California he returned to his home town, Flint, Michigan. Greene and Busch were codefendants in the pedophile case in Genesee County, Michigan. Busch was granted probation and Greene was sentenced to life in prison for violating the same child. Greene died in prison in 1996.

In driving from Alma to Flint on January 28, 1977, Busch stated that Greene and he planned to have one of them get a day job and the other, a night job so that they could have someone present with a potential future victim. See Chapter 26 and 27. Busch did not answer the question when the police asked him what they would do when they were finished with a child.

The most upsetting part of the Greene story took place in Flint, on January 27 and 28, 1977 when Busch and he were investigated by the police. On more than one occasion, Greene stated that Busch had murdered Mark Stebbins the first victim. The Police Reports provided to me do not indicate that Greene was separately examined on his basis for this murder accusation.

After Green died, a former cell mate recalled discussing the OCCK Case with Greene. However, the Michigan State Police reports do not discuss content of these discussions. The Police Reports indicated that Greene was continuously in jail after January 28, 1977 and if this is true he could not have been personally involved in Tim’s murder.

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