OCCK

After delivery of the two Suppression Orders to the Oakland County Circuit Judges in my FOIA cases, both judges properly ruled that I could not have access to the Search Warrant information in their courts. If you wish to challenge a court order you are required to go to the judge that entered the order and contest the matter in that court.

When I visited the 48th District Court, the Clerk at the counter did not know what I was talking about. The Suppression Orders did not have a case number, a requirement under the Michigan Court Rules. When she talked to her superior, he told her not to ignore my request.

I then filed a Motion to intervene in the 48th District Court case to get access to the file. In response, Assistant Prosecutor, Paul Walton, filed an Affidavit stating that the Oakland County Circuit Judge, Wendy Potts had already denied me access to the information. Similarly, he had previously told Judge Potts that I was required to bring the matter before the 48th District Court. Michigan Case Law does not allow an attorney to take contrary positions in different lawsuits. I would like an explanation from Walton as to which court had jurisdiction to hear my argument since he denied me jurisdiction in both courts.

After Judge Small denied my motion to intervene, I filed a Motion for Reconsideration which was not acted upon for almost a year. When I wrote the Judge a letter asking for a ruling on my Motion for Reconsideration I received a telephone call from Gary Klein who identified himself as the research attorney for the 48th District Court. Klein agreed to make the information available to me. I visited the Court on April 1, 2013 and was given the Search Warrant information.

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OCCK

In order to obtain the April 29, 2011 suppression orders from the 48th district court, the accompanying Ex Parte Motion to Clarify Order of Suppression of the October 28, 2008 search warrant and affidavit filed by the Oakland County Prosecutor states as follows:

4. That this Court has issued sixteen orders continuing the suppression of the search warrant and affidavit in this matter. The last issued March 23, 2011, and to continue to in force to May 18, 2011.

The expiration date on the fifteenth Order of Suppression expired on March 7, 2011, 840 days after October 28, 2009 Search Warrant Affidavit was issued. The sixteenth Order was not issued until March 23, 2011. Obviously, one or more of the 15 orders of suppression were issued after the expiration date of a 56 day period. Whenever the first order was not renewed within the 56 day period it can no longer be suppressed. This occurred all subsequent orders of suppression were improperly entered. The statute contains no provisions allowing the prosecutor to obtain ex parte orders once the 56 day renewal period is breached. Is my interpretation correct? Did the Oakland County Prosecutor advise the 48th district court of this interpretation when the order was entered?

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OCCK

Attached are the following copies of the Orders of Suppressions referred to in the previous chapters.

1. Exhibit B: A “true copy” of an Order Suppressing Motion to Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court denying everyone including me access to that Court’s file on the October 28, 2008 Search Warrant for the former residence of Christopher Busch which was delivered to Judge Coleen O’Brien in my FOIA case against the Michigan State Police.

2. Exhibit C: A “true copy” of an Order Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court denying everyone including me access to that Court’s file on the October 28, 2008 Search Warrant for the former residence of Christopher Busch which was delivered by the Oakland County Prosecutor to Judge Wendy Potts in my FOIA lawsuit against the Oakland County Prosecutor.

3. Exhibit D: The 48th District Court copy of this Order of Suppression which was delivered to me by the 48th District Court on April 1, 2013, more than two years after the delivery of Exhibits B & C.

IT WAS NOT UNTIL AFTER APRIL 1, 2013 THAT I NOTICED THAT “TRUE COPY” EXHIBITS B & C WERE BOTH DATED APRIL 29, 2011 BUT WERE NOT IDENTICAL. FURTHERMORE, EXHIBITS B & C ARE DATED AND ARE NOT TRUE COPIES OF THE UNDATED COPY IN THE COURT 48th DISTRICT COURT FILE (EXHIBIT D).

In my two lawsuits against the Oakland County Prosecutor, I was forbidden any discovery and both these cases were closed prior to April 1, 2013. Perhaps somebody from the media can check with the 48th District Court for an explanation of these inconsistent documents.

March 8, 2016

Exhibit B: A "true copy" of an Order Suppressing Motion to Clarifying Orders of the Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court...
Exhibit B: A “true copy” of an Order Suppressing Motion to Clarifying Orders of the Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court…
Exhibit B: A "true copy" of an Order Clarifying Orders of  Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court...
Exhibit C: A “true copy” of an Order Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 from the 48th District Court…
The 48th District Court copy of this Order of Suppression which was delivered to me by the 48th District Court on April 1, 2013...
The 48th District Court copy of this Order of Suppression which was delivered to me by the 48th District Court on April 1, 2013
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OCCK

Attached as Exhibit A is the Search Warrant Affidavit dated October 28, 2008 prepared by the Oakland County Prosecutor and signed by the Michigan State Police. The 48th District Court gave me this Affidavit on April 1, 2013 after final orders had been entered in my two FOIA cases.

This eight page single-spaced Affidavit properly summarizes the 3,411 pages I received from the Michigan State Police regarding Christopher Busch and his companions, Gregory Greene and Vince Gunnels. In my judgment, the Affidavit contains no language which would exonerate these individuals as suspects in the murders of the four children.

In the following chapters, I will discuss the actions taken by the Oakland County Prosecutor, and perhaps other public officials, to deny me access to the Affidavit. After the reader finishes the following chapters, I will appreciate your comments on whether my conclusions are valid or incorrect.

Search Warrant Affidavit page 1

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Search Warrant Affidavit page 8

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OCCK

As mentioned in Chapter 3, the King family always thought it was unlikely that a Blue Gremlin was involved in the 1977 abduction of Tim. The information I received from the Michigan State Police on December 15, 2010 and subsequent information described in Chapters 4, 5 and 6 universally support the original King family conclusion.

When you can’t sleep during the night and no one will talk to you, conjecture is the only basis for your conclusions. Chasing the Blue Gremlin lead probably led to a lot of wasted time. There were a lot more Pontiac LeMans on the road than Blue Gremlins in 1977; would this extra follow up be a burden? Did one or more of the leading suspects die, perhaps by murder or suicide, and therefore could not be identified or charged? Why didn’t Oakland County take some action when retired Detective Jack Kalbfleisch contacted officials this century? If you can’t sleep tonight, can you think of any sensible reasons for silence?

Law enforcement not only owes the families of the four victims an explanation for this serious oversight, but also the media and the public. They are entitled to this additional automobile information that could help in solving the most heinous unsolved crime in the State of Michigan.

As I told you in Chapter 2, the two major concerns of the OCCK investigation, which came to my attention after December 15, 2010, were the incorrect automobile information and the attempts by the Oakland County Prosecutor to deny me access to the October 28, 2008 Search Warrant Affidavit for the former Busch residence. I will discuss the second major reason in the following chapters.

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OCCK

Tim’s sister, Cathy Board, has prepared her summary of the automobile investigations and it follows this paragraph.

July 2, 2001- June 3, 2006—Correspondence between retired Lead Detective for Birmingham, MI, Jack Kalbfleisch, who was on the OCCK Task Force, and various police officials and reports document disturbing facts ignored by investigators and reporters. None of the people he wrote responded to him. Garry Gray of the MSP did call him back and tell him the MSP would not investigate the Le Mans vehicle lead.

In an undated letter to Richard Patterson, then chief of the Birmingham Police Department, retired Det. Kalbfleisch explained, among many different facts and details, the following about the vehicles involved in these crimes:

“Based on a call after Tim King was abducted, it was assumed that a blue Gremlin could be involved. Information gleaned from the Robinson and Mihelich crime scenes would now indicate that a dark colored 1971-72 Pontiac LeMans with a v8 engine and some body damage was involved. The information was specific, but my memory as to the year is unclear.

The Troy PD was able to locate a man who observed the above described LeMans pull to the side of the I-75 at the location and the approximate time that Jill was dropped. The witness stated that the vehicle had a broken left tail light and possible body damage. He was certain about the make of the vehicle because he claimed he had owned the same type of vehicle in the past. When the vehicle at the Mihelich drop made the turn on Bruce lane, it made impressions in the snow banks on either side of the roadway. On the east side of the roadway, the left front bumper left a cone shaped impression in the snow bank. The vehicle then backed into the snow bank on the west side of the roadway leaving a complete impression of the rear of the vehicle.

The MSP crime lab didn’t take the measurements in the snow bank, but did photograph the impressions. FBI S.A., Mort Nickel, and I took copies of the photo of the rear impression to the big three auto makers in an attempt to identify the make of the automobile. GM was the only company that stated that the car could be one of their makes or models. They listed several midsized vehicles of the 71-72 year makes, but couldn’t be specific.

S.A. Mort Nickel was able to locate a photo interpreter at the University of Michigan and we brought him a copy of the impression in the snow bank. He was able to give the measurements within 1/32 of an inch. He also stated that the vehicle had a trailer hitch which had been pulled approximately one inch to the left (possibly from an accident). I took that information back to the GM building to determine if a more specific model could be identified. GM reported that the measurements belonged to a 1971-72 LeMans with a v8 engine.

Conclusion: Although much time has passed, I believe that releasing the information on the car could be the best lead in the case. The news release could state that recent information shows an interest in a vehicle of that description with the damage indicated. A former neighbor, a co-worker or a service station attendant may still recall someone who owned such a vehicle at that time. The other information listed in this report would only come into play after that information was obtained.

Due to the fact that neither the MSP nor our department could find the report that I submitted to the task force, I will contact the Detroit office of the Federal Bureau of Investigation in an attempt to determine whether they have a report from S.A. Mort Nickel on the vehicle measurements and the name of the photo interpreter. I will request that any information that they locate, be forwarded to your office.”

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OCCK

Chapter 4: Blue Gremlin – Other Automobiles

After March 1, 2010, I filed a Freedom of Information Act (“FOIA”) lawsuit against the Michigan State Police (“MSP”) requesting information on the Christopher Busch investigation. After the initial skirmishing, the MSP provided me with 3,411 pages on December 15, 2010. This was the first time the King family had any information that there were other automobiles involved in the abduction and murders of the four victims.

The body of Kristine Mihelich, the third victim, was found adjacent to a snow bank. The snow bank contained an imprint of a car bumper. The trailer hitch on this bumper was askew. No one measured the size of this imprint, but Lieutenant Jack Kalbfleisch of the Birmingham Police obtained a photograph of the imprint. He delivered the photo to the three Detroit automobile companies. General Motors advised him that the bumper probably came from a 1971 or a 1972 Pontiac Lemans or Buick Skylark.

The body of Jill Robinson, the second victim was found adjacent to I-75 in Troy, Michigan. A witness advised the investigators that he had noticed a 1972 Pontiac Lemans on the shoulder of the highway near where Jill’s body was found. It was very early in the morning of December 26 and there was little traffic on the highway. As this witness drove closer to the Lemans, the car pulled forward on the shoulder. The witness remembered the car because he had owned a Lemans at one time.

The MSP reports also indicate that a Pontiac or Buick was noticed at the site where the body of Mark Stebbins, the first victim, was later found.

Again, the MSP reports do not indicate any use of this information in searching for the Oakland County Child Killer or that this important information was made public at any time when it could have made a difference in the investigation.

There is no mention of a Blue Gremlin in regard to the murder of the other three victims.

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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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OCCK

OAKLAND COUNTY CHILD KILLER

A FATHER’S STORY

Chapter I: Introduction

My eleven-year-old son Timothy was abducted on March 16, 1977, in our home town, Birmingham, Oakland County, Michigan. Tim was held captive for six days, sexually abused and then suffocated. His body was found in a roadside ditch in Livonia, Wayne County, Michigan on March 22, 1977. Tim was the last identified victim of the person or people who came to be known as the Oakland County Child Killer. The original Task Force formed to investigate his death and that of three other child victims terminated in December 1978. A new OCCK Task Force was formed in 2005 when new evidence was available. Except for occasional phone calls from the investigators asking me if I could identify certain individuals, no one from law enforcement advised me of the status of the investigation for more than 30 years.

In 2006 my children, Cathy and Chris received a tip on an unidentified suspect. Because of numerous complaints from other informants about the failure of Oakland County to investigate their leads, Cathy called the Livonia Police Department in July 2007 and talked to Detective Cory Williams. Cooperating with Detective Sergeant Garry Gray of the Michigan State Police, the investigators identified this suspect as Christopher Busch, the son of a General Motors Vice President. Busch was a four-time convicted pedophile who never spent a day in jail.

Jessica Cooper, the Oakland County Prosecutor, has not talked to me about this case. Thus far her silence has been supported by the legal system, specifically the courts in Oakland County and the Michigan Attorney Grievance Association. Wayne County Prosecutor Kym Worthy and her staff have kept my family informed and have met with my family numerous times. My search for the truth began on March 1, 2010 when Donald Studt, the Police Chief in Birmingham, called to tell me Busch and his companions were no longer suspects. It is my current intention to write many chapters concerning my observations of the investigation and use this blog for publication.

Last year the King family was advised that the Michigan State Police, Oakland County and Wayne County were sharing information and otherwise cooperating in the OCCK case. Wayne County recently met with Chris and me to discuss the current state of the case. I will discuss this further in my summary. However I do wish to leave a history of my concerns over the 30 years of silence and governmental actions after 2007 when my family finally got involved.

I am concerned that solving the OCCK case murders has become a political problem rather than a criminal problem. After I finish this story, I welcome comments from readers of these posts.

February 10, 2016

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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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