OCCK

As discussed in Post Script Three the Oakland County Prosecutor reported in February 1977 that Christopher Busch had passed a lie detector test but refused to report later readings from three other polygraphers who ruled otherwise. The inconsistent positions taken by the Oakland County Prosecutor on the publication of polygraph examinations needs clarification. The following is my timeline on the publication results of the lie detector tests of two of the OCCK suspects, Christopher Buach and Vince Gunnels.

January 28, 1977: The OCCK Task Force takes the polygraph examination of Busch in Genesee County. An Oakland County Prosecutor was present because Busch was a suspect in the murder of Mike Stebbins, the first victim (Chapter 22).

February 1977: Oakland County Prosecutor L Brooks Patterson concludes that Busch was not a suspect in the murder of Stebbins, the first victim, because he had passed a lie detector test. This information was published in two newspaper articles which were in the Michigan State Police reports which I received on December 15, 2010. Tim was abducted and killed one month later in March, 1977.

November 13, 2009: After my October 27, 2009 meeting with the Task Force Oakland County Prosecutor Jessica Cooper wrote me a letter advising me that publication of lie detector tests is a crime (Chapter 62, Exhibit J).

December 15, 2010: This is the date I received the Michigan State Police reports on Busch. It was after this date that I read two newspaper articles stating that Busch was not involved in the Stebbins case because he passed a lie detector test.

November 20. 2012: In response to my third FOIA request Oakland County Assistant Prosecutor Thomas Grden delivered to me a copy of the complete polygraph test of Vince Gunnels taken on July 30, 2009 including the questions, the answers and the conclusions (Chapter 42). This information had been redacted in the MSP reports I received on December 15, 2010. Has Jessica Cooper taken any action to charge or discipline Gredn for this statutory violation?

April 1, 2013: Almost two years after I filed suit to review the October 28, 2008 search warrant on the Busch residence the 48th District Court gave me access to its search warrant file. The search warrant affidavit prepared by the Oakland County Prosecutor and signed by the Michigan State Police discloses that three experienced polygraphers concluded that Busch either failed or did not pass the January 28, 1977 lie detector test (Chapter 8, Exhibit A). The Oakland County Prosecutor publicly states in February 1977 that Busch passed the test and then refuses to give me access to the contrary readings. What is good for the goose is good for the gander! No prosecutor should have authority to state the earlier results and then deny victims or suspects access to the contrary answers.

October 2013: The police reports delivered to me at this time stated that more than 300 suspects had passed polygraph tests until Ted Lamborgine failed his test in 2005. Was a polygraph test the sole basis used to locate Tim’s killer? Has any prosecutor ever been accused of a crime when the statute is violated? Should Cooper and/or Grden be charged now?

If the courts do not clarify this problem the legislature should confer with the prosecutors and the criminal bar association to clarify procedures after anyone publishes lie detector results.

Footnote: You can access my Story at “afathersstory-occk.com”. You can locate specific Chapters by adding “/chapter-x”).

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OCCK

The family of Tim King wishes to thank a number of people in the attempt to identify the suspects in his murder and that of the three other children also identified as victims of the Oakland County Child Killer.

For thirty years our primary source of information was retired Birmingham Chief of Police Donald Studt. As a young officer he was at our house twelve hours a day while Tim was missing. For three decades he followed up on several leads including out-of-state visits. I recall him telling me many years ago that the case would only be solved by a death bed confession. That solution is still a possibility.

Marney Keenan, a retired Detroit News reporter, is writing a book on murders of these children which may be published soon. My Story discusses only Christopher Busch. I understand her book will be broader. Even before July 2007 Keenan met with Studt and me to discuss another suspect who had come to her attention. She was also present on October 11, 2009 when I first discussed my concerns with the Detroit News. Get in line to buy this book when publication occurs.

This Story would not have occurred if Patrick Coffey, a former neighbor and classmate of my son Chris, had not talked to Lawrence Wasser at a convention in Las Vegas (Chapter 19, Exhibit E, 21 and 22). The circumstances of this meeting are similar to a death bed confession. Coffey has flown to Michigan from California at his own expense in response to an investigative subpoena. Coffey testified but Wasser asserted his right to remain silent relying on the lie detector statute. I am not aware of anyone who believes the position of Wasser is valid. If Wasser or any other polygrapher concludes a witness committed murder silence should not be authorized.

Wayne County Prosecutor Kym Worthy has kept me advised and taken action to develop the facts. Her Chief Assistant Prosecutor Robert Moran has been my primary contact. He returns all my calls and has visited Chris and me at my house on four or more occasions. The only reason Wayne County has jurisdiction in the OCCK case is that Tim’s body was found there. Oakland County and Jessica Cooper, the Oakland County Prosecutor, refuse to talk to me. Cooper has instructed her assistants to silence. Thank God that Worthy and Moran do not share Cooper’s views on victim silence.

No one has been as helpful as Cory Williams. When my daughter Cathy decided to report the Coffey-Wasser story she called the police in Livonia where Tim’s body was found (Chapter 19, Exhibit E). In making this phone call Cathy partially relied on favorable comments from Chris and me after meeting Williams in late 2006. Williams retired as a Livonia police officer in 2009 and is now a Wayne County Detective. His follow-up on the Busch lead and several others have occupied a great deal of his time. He has accompanied Moran on the visits to my house and made other visits on his own.

Michigan State police officers Denise Powell and Garry Gray also deserve my thanks. Gray was appointed the leader of the 2005 revitalized Task Force and is now retired. After my October 27, 2009 meeting with the Task Force the Michigan State Police switched allegiance from Wayne County to Oakland County. Powell reestablished contacts with Wayne County (Chapter 57). Powell and Williams recently met with Chris and I to advise us that their search was at a standstill and recommended that we mutually contact the media for a national program requesting information on the killers.

Endless other individuals in law enforcement and the media have devoted time to solve this gruesome case. The King family extends a Thank You to all of you.

Footnote: You can access my Story at”afathersstory-OCCK.com”. You can locate specific Chapters by adding “/chapter –xx”. Another source is “afathersstory-OCCK.wordpress”.

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OCCK

My son Chris and I met with the Michigan State Police and Wayne County Detective Cory Williams after this Chapter was published. For this reason I stated in the original Chapter I might publish this addition after the meeting. We had been advised that Sloan was offered freedom under some conditions which were not given to us. We were subsequently advised that Sloan had decided not to accept this offer.

Why would Sloan refuse freedom? First, he may not know anything which would be helpful to solving the murders. Second, he may have been afraid of punishment from any living person he could identify. Third, at age 80 plus he may have preferred three meals a day and a place to sleep. Four, his sense of loyalty to his friends and/or customers supersedes his concerns for the children. Can you think of any other reasons?

While the Oakland County Prosecutor has never told me why Christopher Busch was no longer a suspect in her March 1, 2010 phone call, my degree in bar room psychology has led me to conclude that the Sloan lead replaced Busch as the leading suspect primarily through the use of scientific evidence rather than circumstantial evidence. Remember, the scientific evidence, specifically the mDNA match between a hair in Sloan’s car which matched hairs on two of the victims, was accumulated by the revitalized Task Force after 2005 without any input from Oakland County. It also gave Oakland County an opportunity to hide any of its many possible mistakes or cover up on the Busch involvement.

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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

In the first letter I have received from Jessica Cooper is dated November 13, 2009 following the one and only meeting with the Oakland County Task Force on October 27, 2009. In this letter she states as follows:

“In addition, the publicizing of some information, such as that related to polygraphs is actually a crime.”

On November 13, 2009, I had no information that Ted Lamborgine, Christopher Busch or Vince Gunnels had been polygraphed. Therefore, I assumed that the quotation was related to the polygraph that Lawrence Wasser/Christopher Busch which was discussed in Chapter 21. It is my understanding that Wasser never commenced the Busch polygraph. I did not understand why any reference to their conversation was a crime under the polygraph statute. If any prosecutor or criminal lawyer reviewing this chapter has legal authority to the contrary, I would appreciate having this brought to my attention.

Imagine my surprise when I received the Michigan State Police reports on December 15, 2010. The report contained newspaper articles which L Brooks Patterson, then the Oakland County Prosecutor, was quoted as saying that Chris Busch was not a suspect in the Mark Stebbins murder because he had passed a polygraph test. The MSP reports also indicated that Oakland County Chief Assistant Prosecutor, Richard Thompson, was present at Busch’s polygraph presumably to determine if Gregory Greene and/or Busch were involved in the murder of Mark Stebbins, the first victim.

On November 13, 2009 was Cooper warning me that any reference to the Wasser/ Busch polygraph, which was never taken, was a crime while the statute provides some exemption to prosecutors? Am I entitled to an explanation from Jessica Cooper why her office is entitled to publicize polygraph information while I or any other victim is not?

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OCCK

On June 19, 2012, Kevin Dietz of Channel 4 requested the following information from Jessica Cooper:

“Pursuant to the provisions of the Freedom of Information Act, please accept this request for the following records:

1. A copy of the Christopher Busch CSC file that we reviewed in your office on Monday, June 18th 2012”

Including the standard cover letter the OEP response included 121 pages.”

OBVIOUSLY, THE OAKLAND COUNTY PROSECUTOR SHOWED THIS INFORMATION TO KEVIN DIETZ PRIOR TO HIS FOIA REQUEST.

Am I entitled to an explanation from the Oakland County Prosecutor? Were these documents shown to Kevin Dietz prior to his request?

Should the Oakland County Prosecutor explain to the Oakland County Circuit Court and the Michigan Court of Appeals, why this information was made available to Channel 4 while arguing in my FOIA cases that it was exempt information under the Freedom of Information Act? Is it just happenstance that Jessica Cooper was running for reelection in 2012?

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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

Arch Sloan was first identified to the King family on July 17, 2012 when the Oakland County Prosecutor publicly requested information on his possible involvement in the murders. The Task Force had obtained mDNA evidence indicating the similarities between hairs found on Mark Stebbins, the first victim, Tim King and a hair found in the car of Sloan. However, the mDNA match was not to Sloan but apparently some passenger in his car. On August 29, 2012 Oakland County Deputy Sheriff, Gary Miller advised me that the request for information came from his office and did not originate in the Prosecutor’s office.

The King family has always encouraged the Sloan investigation and is disappointed that for over 6 years no one has identified the source of these hairs. The Task Force recently contacted me concerning the Sloan investigation and I do not intend to present any further statement at this time. However, sometime before I finish this Story I may file an amendment to Chapter 32.

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OCCK

The King family learned more about the Lamborgine relationship to the OCCK murders when we received a police report in October, 2013. Lamborgine came to the attention of the OCCK Case Task Force and the Livonia Police Department in February, 2005. A murder suspect, Richard Lawson, advised the investigators that his friend, Bob Moore, stated Lamborgine had showed him a picture of Tim King naked in one of Moore’s photo albums.

In September 2005 Lamborgine was polygraphed and failed the examination regarding his involvement in the OCCK case. This was the first failure of approximately 300 polygraphs conducted in the 30 year history of the OCCK Case. After working with Kym Worthy and Robert Moran from the Wayne County Prosecutor’s office, the investigators located 14 victims that would testify against Lamborgine in his 30 year old pedophile case.

In April 2007, Lamborgine turned down an opportunity to cooperate in the OCCK Case in exchange for a possible plea agreement. He pled guilty on all pedophile accounts and was sentenced to life in prison. Prior to my daughter, Cathy’s telephone call in July 2007, the Task Force listed Lamborgine as the number one suspect and Bob Moore (then deceased) as a number 2 suspect in the OCCK Case.

The King family also understands that Laborgine may have made admission to another jail inmate about being involved in the OCCK Case. Hearsay evidence indicated that Lamborgine was not the one who murdered the victims, but that he molested all of the kids from the OCCK case. I do not have further results of this part of the investigation.

Even after Lamborgine was in prison, the Task Force Representatives offered to change his name and move him to a federal prison if he could provide information on the OCCK Case. Lamborgine did not accept this offer.

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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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