OCCK

The purpose of the recent and following chapters is to introduce you to the 5 suspects identified to me by the investigators. On October 28, 2008, the Oakland County Prosecutor, the Wayne County Prosecutor, and the Michigan State Police all believed that Busch was the leading suspect at that time. I welcome any response from the Oakland County Prosecutor as to why she called me on March 1, 2010 to tell me that Busch was no longer a suspect. The King family has not received any information supporting this change of opinion.

Busch pled guilty to four child sexual criminal cases without spending a day in jail. Subsequent information from chapter’s 25 & 26, indicate that he was also charged with sexual criminal activity in Bloomfield Twp and Birmingham, MI. The Michigan State Police report indicates that he was active at North Fox Island, an element of the case that I will describe in a future chapter. There is little doubt that he was a regular participant in the abuse of young children.

Another interesting factor of my investigation resulted from the publication of his photograph in the media. Four individuals called me to advise that Christopher Busch had tried to pick them up when they were young children. If four people called me, how many more called the task force? Three of these callers were ladies.

I also received information that there was a very active pedophile ring on Cass Avenue in Detroit that supplied young children to Oakland County abusers. If these Oakland County abusers were using other people to pick up the children, it is possible that Christopher Busch was a procurer as well as an active participant.

Are the families and the public entitled to answers on these subjects?

I will next acquaint you with the other four suspects identified to me by the Task Force as possible suspects.

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OCCK

Kevin Dietz, an investigative reporter from Channel 4, asked himself the above question. He contacted Western Ontario University which has a program that investigates cold cases. The University had the matter investigated by staff and students. The 25 page report from Western Ontario University concluded that it could have been either murder or suicide, but murder was the better possibility.

In 2015 I was contacted by Anthony Karrick who was writing a book claiming that Busch has been murdered by the OCCK perpetrators because he had attempted to bribe them to remain silent. Although we met 3 times, he never did give me any factual information supporting his conclusion. He advised me that he had met with the Oakland County Sheriff on this issue but had not received any formal report from that office. Karrick died the day after our third meeting.

It is my understanding that the concurrent investigators and prosecutors do not eliminate the murder possibility. Realistically, there is little likelihood at this late date they will charge anybody with murder unless much more information is available.

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OCCK

In 2015 I received a phone call from a police officer who was convinced that Christopher Busch was involved in the Oakland County Child Killings. We talked for over an hour. A summary of this telephone discussion is in my files but I do not wish to disclose most the information at this time. Because the officer is still on active duty, no identification was given to me. I did not ask for his name or current position. The officer was convinced that Busch was involved in these murders and wanted to be certain that I have received all of the information regarding his suicide report.

This phone call is another example of the difference of opinion among many of the foot soldiers and their superiors in the police force as well as other political personnel.

If I disagreed with the conclusions of a young lawyer in my office, we would discuss the differences of opinion. While the final decision would be mine, it is improper to ignore other opinions. Does the police administration follow the same procedure? If the Chief of Police disagrees, does he throw the file in waste basket or sit down with the investigating officers to explain why this action is being taken. Similarly, if the police authorities submit a case to the prosecutor, does the prosecutor follow a similar procedure regarding the waste basket or education?

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OCCK

Christopher Busch committed suicide in November of 1978. On Monday morning November 20, the maid found the front door locked, several papers on the porch and the dogs barking. She went to the neighbor who called his brother. Charles Busch called the Bloomfield Twp. Police Department and met them at the residence. The Township suicide report is attached as Exhibit F.

The King family has several questions regarding the suicide report. Among them are the following:

1. Since Busch had been cleared as a suspect in the Stebbins murder case on January 28, 1977 why was the OCCK Task Force called?

2. Why hasn’t anyone interviewed John Davis and Ron Pierce, the Task Force officers regarding their observations and conclusions?

3. Is the drawing of a screaming boy dressed in clothes identical to those worn by Mark Stebbins when he was kidnapped, relevant to possible Christopher Busch involvement? (Exhibit G)

4. Is the lack of measurable gunshot residue on the hands of Christopher Busch evidence he did not fire the rifle?

5. Was the rifle short enough to allow Christopher Busch to shoot himself between his eyes?

6. Could this death be either a murder or suicide?

exhibit F_Page_1
exhibit F_Page_1
exhibit f_Page_2
exhibit f_Page_2
exhibit f_Page_3
exhibit f_Page_3
exhibit f_Page_4
exhibit f_Page_4
exhibit f_Page_5
exhibit f_Page_5
exhibit f_Page_6
exhibit f_Page_6
exhibit G
exhibit G
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OCCK

The OCCK Task Force served an investigation subpoena on both Patrick Coffey and Lawrence Wasser. Coffey flew from California at his own expense. Coffey was advised that giving false testimony in murder cases was a felony. He then gave testimony and, to my knowledge, no one has challenged the truth of his story.

After he was served with the subpoena, Wasser hired James Feinberg as his attorney and sought dismissal of the subpoena. At the hearing, Judge Timothy Kenny and Feinberg had the following exchange:

“The Court: And it is further my understanding based on the arguments that have been made before the Court that Mr. Wasser denies that conversation.

Mr. Feinberg: That’s correct.”

After Wasser was ordered to give the name of his person of interest, he made several public comments denying the truth of the Coffey statements. Coffey then commenced a libel action against Wasser and Feinberg for those alleged false statements. Wasser and Feinberg paid Coffey a sum of money. The Settlement Agreement specifically states that Coffey and Wasser had a different interpretation of their 2006 conversation.

How do you have different interpretation of a conversation which never took place?

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Uncategorized

In order to grant the public access to government records, Michigan passed FOIA in 1976. In most lawsuits the plaintiff has the burden of going forward in presenting its case and the burden of proof on contested matters. However, FOIA places this responsibility on the public body.

FOIA also lists a number of exemptions related to documents which the public body is not required to produce. To gain an exemption a public body must indemnify the document and indicate the basis for the exemption.

As I mentioned earlier, in my FOIA action against the Michigan State Police, I received 3,411 pages. However, the documents did not contain the Search Warrant or the Search Warrant Affidavit and the Michigan State Police did not claim any exemption. The Oakland County Prosecutor produced nothing and this decision has been upheld by the Oakland County Circuit Court and the Michigan Court of Appeals. This is true even though the Michigan Constitution states that all citizens have a right to confer with the prosecutor (Article I, Section 24).

Earlier this year there was a great deal of publicity over the video tape of a police officer shooting a Chicago citizen. After I commenced the publication of this blog, Chicago Mayor Rahm Emanuel, suggested that police information should be available to citizens within 60 days after the shooting. However, in Michigan this time period continues for at least 40 years. While I seldom agree with the Chicago mayor on political matters, PERHAPS MICHIGAN SHOULD TAKE SOME LEGISLATIVE ACTION TO PROVIDE THOSE MEMBERS OF THE PUBLIC WHO PROVIDE GOOD INFORMATION IN CRIMINAL CASES WITH THE REASONS FOR FAILURE TO PROSECUTE.

P.S. Tim King died 39 years ago on March 22, 1977

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OCCK

I first filed my FOIA case against the Michigan State Police and the second one later against the Oakland County Prosecutor. The Oakland County Prosecutor immediately filed a Motion to Consolidate the two cases. This Motion was denied by the Oakland County Circuit Court, the Michigan Court of Appeals and the Michigan Supreme Court. I had no original reaction as to the reason for filing this Motion, but I have now concluded that it was filed to deny me access to the search warrant affidavit and all other information and for no other reason.

In the typical lawsuit much more time is related to discovering matters and pretrial preparation than to the actual trial of the case. If the cases have been consolidated, Oakland County taxpayers would have spent funds on these pretrial matters in the Michigan State Police case and the Michigan taxpayers would have similar payments in the case against the Oakland County Prosecutor. Judge O’Brien and Judge Potts delayed any activity on my cases until the consolidation matter was settled by the Michigan Supreme Court.

After I obtained access to the search warrant affidavit on April 1, 2013 and the other information discussed in the search warrant chapters, it is my conclusion that the Oakland County Prosecutor, and perhaps other Oakland County agencies, filed this Motion to Consolidate to take control both cases and to deny me any access to the OCCK case. Fortunately, the Michigan State Police honored their FOIA obligation and gave me 3,411 pages on December 15, 2010. Admittedly this is conjecture on my part but I cannot think of any other reasonable conclusion.

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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

Prologue

My eleven-year-old son, Timothy, was abducted in Oakland County on March 16, 1977, and his body was found in Wayne County in a roadside ditch on March 22, 1977. In response to my Freedom of Information Act (“FOIA”) lawsuit against the Michigan State Police, I learned after December 15, 2010 that Tim had been sexually abused. Furthermore, Tim had been suffocated by someone who held both his nose and mouth shut. Tim died in his hands. I cannot imagine a more heinous death.

After the death of Kristine Michelich, the third victim, my children recall a discussion I had with Tim. He was told not to accept a ride from a stranger. If anyone tried to force him to enter a car, he was instructed to drop anything he was carrying, run and scream. During the six days he was alive, I am certain he knew what would happen.

In July 2007, Tim’s sister, Cathy Broad, advised the Livonia Police Department in Wayne County of an unidentified suspect. Detective Cory Williams of the Livonia Police Department, and Detective Sergeant Garry Gray of the Michigan State Police, identified this suspect as Christopher Busch on November 30, 2007. Williams and Gray later identified the possible participation of two of Busch’s companions, Gregory Greene and Vince Gunnels. Thereafter the King family received encouraging reports on the Busch involvement from law enforcement. To my surprise, my friend, Donald Studt, now Birmingham Chief of Police, called me on March 1, 2010 at the request of Jessica Cooper, the Oakland County Prosecutor, to advise me that Christopher Busch and his companions were no longer suspects. When no one would tell me the basis for this conclusion, I commenced FOIA lawsuits against both the Michigan State Police and the Oakland County Prosecutor. Jessica Cooper and her staff have refused to talk to me about the March 1, 2010 conclusions. Thus far her silence has been supported by the Oakland County Circuit Court and the Michigan Court of Appeals.

The King family and the families of Mark Stebbins, Jill Robinson and Kristine Mihelich, the other three OCCK victims, deserve an explanation from the responsible public officials regarding the investigation of these murders. In particular, your local prosecutor should not have dictatorial powers to close investigation of valid suspects without explanation. The Michigan Constitution states that crime victims have a right to confer with the prosecutor (Article I, Section 24). Why should anyone submit a valid suspect to law enforcement if the local prosecutor can refuse to take action for undisclosed reasons? If the reasons are professional, even Jessica Cooper has gone public to explain her reasoning. However, if the reasons are political, personal, power in control or other nonprofessional reasons, all of which may be present in the OCCK case, silence does not protect the victims or the public. I welcome your thoughts and responses but request that you complete the entire story before making interim replies.

In 2008, both Wayne and Oakland County identified Christopher Busch as the best suspect the system had produced in over 30 years. The Christopher Busch lead was the result of the phone call my daughter made to the Livonia Police Department in 2009 with information on an unidentified suspect. Cory Williams of the Livonia Police Department and Gregory Greene of the Michigan State Police identified this suspect as Christopher Busch.

My Freedom of Information Act (FOIA) lawsuit against the Michigan State Police resulted in the delivery of 3,411 pages on the Christopher Busch investigation. However, the legal system has told me that the Oakland County Prosecutor has no responsibility to provide information supporting her March 1, 2010 phone call.

Last summer I decided to use social media to tell my story. This was awkward because of my limited knowledge of this new communication system. I would like to thank those youngsters (age 60 and under) for the education provided to me regarding this publication.

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