OCCK

No public body should have the right to publish favorable news and then assert the exemption provisions of the Freedom of Information Act (FOIA) when contrary results arise. We may see examples of this between now and the November 8 elections. In 1977 the Oakland County Prosecutor publicly announced that Christopher Busch did not kill Mike Stebbins, the first victim, because he passed a lie detector test. In 2008 the Oakland County Prosecutor refused to release the conclusions of three subsequent polygraphers who arrived at contrary opinions after reading the same test results.

The King family requests the Michigan legislature to amend FOIA to eliminate her dictatorial decision to deny the family of Tim King any explanation of why she eliminated Christopher Busch as a suspect (Chapter 35). FOIA places both the burden of proof and the burden of going forward on the public body and not on the citizen plaintiff (Chapter 16). In my two FOIA cases both the Oakland County Circuit Court and the Michigan Court of Appeals have upheld the position of Cooper that victims in this 40 year old OCCK case are not entitled to any information on why she called me on March 1, 2010 to tell me Christopher Busch was no longer a suspect (Chapter 35). The victims, the judges and the public do not know if the Busch case was closed for professional, publicity, power and control, political or some other reason.

Many times a prosecutor will tell the public why a suspicious criminal cannot or will not be charged. Jessica Cooper has made these announcements. For instance Cooper publicly announced that she would not charge the Northland Mall officers who killed a customer because that was not their intent, a professional reason. When he was prosecutor l. Brooks Patterson made disclosures in February 1977 for not charging Busch (Chapter 41). Patterson gave a professional reason to support his conclusion. Cooper, who has not prepared or tried a case for almost four decades, has not given any reason for advising me on March 1, 2010 that Busch was no longer a suspect. FOIA does not and should not grant prosecutors dictatorial discretion in the publication of these conclusions. The prosecutor should explain the reason for this decision, especially when the police have contrary opinions.

If a prosecutor decides not to charge any suspect for a nonprofessional reason the victim currently has no remedy. For instance, if the suspect is related to the prosecutor or is a major political donor is silence proper? In Tim’s case was Oakland County upset that Wayne County may have identified the murderers (Chapter 56)? If publication shortly before an election could affect the election result a prosecutor should not have discretion to talk to the media while at the same time asserting she is under no obligation to give the same information to the victims or the judiciary (Chapters 38 to 40). This paragraph could continue for several more pages with questions and examples all of which discuss my conclusion that prosecutors should open the entire file when they tell anyone of their decision not to charge a suspect. The FOIA statute should clarify this issue!

Footnte: 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

Christopher Busch was involved in the murder of my son Tim. “Tell ‘em what you gonna to tell ‘em, tell ‘em and then tell ‘em what you told ‘em” (Chapter 2). This is a short summary of what I have told you in the previous Chapters 66 to 71.

Once Busch died he could not be tried or convicted. The facts presented to me do not contain information exonerating him. After his death both Oakland County and the original Task Force essentially closed the door on the OCCK murders for almost 30 years. Presumably, they could then reopen the case if any other suspect was identified.

Four of the major factors supporting my conclusion are the non-evidentiary facts set forth in Chapter 67. After the Task Force was revitalized in 2005 Richard Thompson, the Oakland County Prosecutor responsible for the case from the beginning, told the Michigan State Police Busch was guilty. Four unrelated persons advised the King family the murderer was the son of a GM or automobile executive. On October 19, 2009, the Task Force told the family of Kristine Mihelich that Busch and his companions were the leading suspects. After Jessica Cooper became the Oakland County Prosecutor on January 1, 2009, she told the Michigan State Police not to provide her with OCCK information. Why did she do this unless she had been advised that the case was closed?

Chapters 68 to 70 set forth 24 questions to the Oakland County Prosecutor. The King family has additional areas of discussion if Cooper would only take time to meet with us. There can be a number of reasons why a prosecutor chooses not to charge a suspect. If the reasons are professional it is common to explain this to the public. How often have you read that two mutual deaths were the result of a murder-suicide? Cooper advised the media that she would not charge the Northland Mall representatives who killed a customer because they had no intent to kill him, a professional conclusion. Without an adequate explanation the King family cannot eliminate the possibility the reasons are personal (Busch’s father was a friend of the prosecutor?), political (the Busch family was a major contributor to the election campaigns?), previous mistakes (Busch was allowed to plead guilty in his four pedophile cases rather than trying him?), power and control (we cannot allow Wayne County to solve the case?) or other alternatives.

Three years ago Cooper referred to me as an 82 year old senile attorney. Her conclusion is interesting because she has never talked with me. If you agree with her I apologize for taking up your time. If you decide her judgment on my senility is incorrect or her failure to answer the questions from the King family is improper, please vote for her opponent Mike Goetz this November.

There will be post scripts to this Story but this is the final Chapter on my analysis of the investigation into Tim’s murder. One footnote will request the legislature to include new laws to require victim information in future cases.

Thank you for your patience if you have read all or any of my 73 Chapters.

Barry King.

Footnote: You can access this 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

Chapter 72: Interim Comments: Three

This unplanned Chapter was prompted by the attached article from the September 2, 2016 article in The Wall Street Journal (Exhibit L). This article supported my concerns that Oakland County and the Task Force may have used scientific evidence discovered in 2009 or 2010 through the efforts of the office of the Wayne County Prosecutor (Chapters 32and 56) to improperly terminate the circumstantial and scientific evidence involving Christopher Busch and perhaps others.

The victims of the OCCK killers died in 1976 and 1977 before the discovery of DNA evidence. The original Task Force did not have DNA scientific evidence available for its investigation. Arch Sloan was the third tip given to the Task Force and Busch and Gregory Greene were the tips 369 and 370. After Busch and Greene passed their polygraph tests in January 1977 there was no further investigation until my daughter Cathy called the Livonia Police Department in July 2007 (Chapter 19). I received no information on the Sloan investigation until July 17, 2011 when Jessica Cooper requested information from the public on his possible involvement (Chapter 64). Since then all of the updates to the King family have been provided by Chief Assistant Wayne County Prosecutor Rob Moran and Wayne County Detective Cory Williams.

Why did Cooper call me on March 1, 2010 to tell me Busch was no longer a suspect? My degree in bar room psychology has led me to believe that the Task Force and Cooper decided the mDNA match between two of the victims and a hair found in the Sloan car was a better lead than the scientific and circumstantial evidence in the Busch case. The King family also believes Sloan was a good lead and should be examined (Chapter 32). We have been advised that this Sloan lead has not located any additional evidence regarding his possible involvement.

When the Task Force and Oakland County could not locate any further evidence on the Sloan case, at the request of the Oakland County Sheriff Cooper publicly requested information on this lead. OAKLAND COUNTY HAS MADE NO SIMILAR INFORMATION REQUEST FOR PUBLIC INFORMATION ON THE BUSCH OR OTHER LEADS. Oakland County closed its pending investigation of Busch and all other individuals sometime between the Task Force meeting on October 27, 2009 and the meeting with the investigators on February 26, 2010. Are any of the criticisms on scientific evidence in Exhibit L applicable to the Sloan lead? For two centuries before Tim was abducted criminals in this country were convicted without DNA evidence. That law has not changed to my knowledge.

When was the Sloan case mDNA evidence available? Did Paul Walton discuss the Sloan involvement with the investigators at the February 26, 2010 meeting? Why is mDNA evidence applicable in the Sloan case and the cold case conviction of a defendant charged by the Oakland County Grand Jury (Chapter 55) but not admissible regarding Kristine Michelich, the third victim (Chapter 34)? Should the Oakland County Prosecutor have dictatorial authority to omit or charge suspects without explanation or supervision? Do my concerns that the emphasis on the Sloan case was an attempt at diversion from other suspects have any validity?

Please click below for the September 2, 2016 article in The Wall Street Journal.

Exhibit L

Footnote: You can access this Story at “afathersstory-occk.com” You can access specific Chapters by adding “/Chapter-XX”.

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OCCK

As I mentioned in Chapter 2, one of my two major initial concerns was the improper use of the search warrant statute by Jessica Cooper, the Oakland County Prosecutor. These concerns are outlined in Chapters 8 to 17. The following are a list of questions Cooper should answer not only to me but to the court system:

1. Since the suppression order provisions of the search warrant statute specifically states that it is not applicable to Freedom of Information Act (FOIA) cases, why did you use this statute to obtain the orders from the 48th District Court (Chapter 9, Exhibits B and C) which you filed with Judges Colleen O’Brien and Wendy Potts in my FOIA cases against the Michigan State Police and your office?

2. Why are the copies of the Order Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 and marked “A True Copy” which you filed in my two FOIA cases not identical (Chapter 9, Exhibits B and C)?

3. Why is the only copy of the above order in the 48th District Court files undated (Chapter 9, Exhibit D)?

4. Were all the renewal orders filed in the 48th District Court within 56 days of the previous order? If they were not filed within 56 days, why were any subsequent orders valid (Chapter 11)?

5. Since you obtained the April 29, 2011 order(s) from the 48th District Court in an ex parte proceeding, did you violate Rule 3.3 of the Michigan Rules of Professional Conduct which requires you to advise the court of the factual and legal positions of your opposing litigant? In this regard the 48th District Court has advised me there was no hearing or affidavit.

6. Are the facts in Chapters 8 to 17 and the accompanying exhibits true? If not, identify the untrue facts and state the basis for your contrary conclusions.

If you believe Cooper is correct in her legal positions, vote for her. If you believe the families of the victims are entitled to these answers, vote for her opponent, Mike Goetz. He has agreed to make the Oakland County files available to the King family.

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

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OCCK

Based on my Story I have concluded that Christopher Busch was involved in the OCCK murders. Until Oakland County will answer our questions, the King family will always believe the Oakland County Prosecutor provided results favorable to the father of the murderer rather than to the families of the victims. Paul Walton told us on June 25, 2012 that the Oakland County Prosecutor had no evidence exonerating Busch (Chapter 63). When they completed and filed the search warrant affidavit on October 28, 2008 the Oakland County Prosecutor, the Wayne County Prosecutor and the Michigan State Police all thought Busch was the best lead they had reviewed to that date.

Except for the murder of 6 million Jews by the German government, I cannot envision a more hideous death than that imposed on Tim. My children remember my warnings to Tim not to enter a stranger’s car. Once he was in the car, either forcibly or voluntarily, this eleven year old boy knew what was coming. He had no ability to protect himself from sexual abuse or the hands that suffocated him. Marion, Cathy, Chris, Mark and I have lived with these thoughts since 1977.

In addition to my conclusions of what I have told you to date, from time to time I will list the questions I would like answered. Please be patient with me as I summarize my conclusions and list my unanswered questions.

Mike Goetz, the Republican candidate for Oakland County Prosecutor, has told the King family he will provide answers to us.

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

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OCCK

The King Family has received four unrelated reports that the OCCK murderer was the son of an automobile or GM executive. I initially referred to them as urban legends but my children said we lived in the suburbs and therefore I changed the Title to Suburban Legends for this Chapter.

Within three or four weeks after Marney Keenan of The Detroit News published her first Article on OCCK Case on October 26, 2009, a young man knocked at my door and wanted to speak at me. He had played on the same hockey team as my son, Tim, and made this report. He stated 18 years ago he was working in a clothing store and had a number of police officers as customers. On one occasion he asked a police customer if he was working on any interesting cases. The officer did not reply and started to leave the store. He then returned and told Nummer that he had been working on the OCCK Case, and that the murderer had been identified as the son of a prominent GM Executive. Nummer was quite surprised that if this information was made available to him that it had not been made available to my family.

During the same period of time Marney Keenan, the Detroit News Reporter, received a phone call from a lady who identified herself as a teacher of Kristine Mihelich, the third victim. The teacher reported that she was drinking at the Salamander Bar in the Pontchartrain Hotel in Detroit one evening next to a police officer. She inquired about the status of the Mihelich case, and the officer replied that it had been solved and that the murderer was the son of a prominent automobile executive.

My children, Cathy and Chris, went to college at Marquette University with an acquaintance who also grew up in the Birmingham area. This lady advised my children that she was drinking in a bar in Chicago where she met a police officer from this area. She asked him about the status of the OCCK Case and was advised that the Case had been solved and that the murderer was the son of a prominent automobile executive.

The fourth source of these continuing legends came to my attention when my daughter, Cathy, published her WordPress article on May 20, 2016. In this article, she reported she had received the following message:

“Hi Cathy,

I was a teenager in Detroit at the time and my father had a stamp and coin store at Eastland Shopping Center. One of his customers was E. Harwood Rydholm, a big executive at Chrysler. Mr. Rydholm told my dad that that OCCK was the son of a powerful GM exec and that the police were protecting GM’s reputation so he probably wouldn’t be arrested. Mr. Rydholm passed away in 1987. The ghastly part is that Mr. Rydholm told my father this story shortly have Kristine Mihelich went missing.”

These four unrelated reports all indicate that the OCCK murderer was the son of a prominent GM or automobile executive. They all took place during the 30 years of silence between 1977 and 2007 during which no one from law enforcement talked to the King Family. To my knowledge, no one from law enforcement talked to these individuals after the King Family went public in October 2009. As you can imagine, the King Family has legitimate concerns that these Reports are not coincidental. If anyone reading this Chapter has any other similar information, please bring it to my attention.

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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

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

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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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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