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

The earlier Chapter was from a previous draft and not final copy. This revised Chapter includes the questions and answers from Gunnels, which I omitted from the previous copy.

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 were 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

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

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

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

When Chris Bush was arrested on the Genesee County charges in Alma MI, on January 28, 1977 and after waving his Miranda rights, Busch made statements to the arresting officers. He admitted that he was a homosexual and liked young boys who tend to be 10-15 years old. Partial results of this interview are summarized in paragraph 3-S of the search warrant affidavit in Chapter 8( Exhibit A) which reads as follows.

“Busch told detectives that he and Greene had discussed and planned how they would kidnap, hold and molest young boys. Busch stated that he and Greene agreed that one would work days and the other nights, so that one of them would always be with the kidnapped child. Busch further described 3 locations where he picked up young boys in the past. These locations are as follows:

• 9 Mile and Woodward are in Ferndale;
• In Royal Oak near 13 Mile Rd and Woodward;
• In the area of 12 Mile and Greenfield Rd, more specifically, Hartfield’s Bowling Alley and the 7-11 party store located directly across the street.

Doan reported that he asked Busch what they intended to do with the child after they were through with him. Doan wrote in his report that Busch could not answer. “

The above locations are where Mark Stebbins, Jill Robinson and Kristine Mihelich were abducted. My judgment is that this location is not coincidental.

In 1976 and 1977 were these locations identified by any other child victims or pedophile suspects?

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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

Ex Parte proceedings do not require you to give any notice to interested parties. Section 9 of the search warrant statute regarding warrant suppression orders allows the Oakland County Prosecutor to obtain the search warrant suppression order without notice to any other persons or their attorneys.

When the Oakland County Prosecutor filed the Motion for Entry of the Clarification of the October 20, 2008 original order of suppression, her office knew of my pending FOIA cases against the Michigan State Police and the Oakland County Prosecutor. The comments to Rule 3.3 of the Michigan Rules of Professional Conduct contain the following instructions regarding the obligation of an attorney in ex parte proceedings:

“Ordinarily, an advocate has the limited responsibility of presenting one side of the matters that a tribunal should consider in reaching a decision; the conflicting position is expected to be presented by the opposing party. However, in an ex parte proceeding, such as an application for a temporary restraining order, there is no balance of presentation by opposing advocates. The object of an ex parte proceeding is nevertheless to yield a substantially just result. The judge has an affirmative responsibility to accord the absent party just consideration. The lawyer for the represented party has the correlative duty to make disclosures of material facts that are known to the lawyer and that the lawyer reasonably believes are necessary to an informed decision.”

When I was given access to the court file on April 1, 2013, I noticed the motion filed by the Oakland County prosecutor was not supported by an affidavit. When I ordered a transcript of the proceeding, I was advised that there was no hearing. I will discuss my concerns over a court saying orders without a supporting testimony in the following chapters.

What did the Oakland County Prosecutor tell Judge Kimberly Small? If you were served with a suppression court order suspending your driver’s license and could not obtain any background information on the entry of the order, I assume you would be as disturbed as I am about the legal basis of the Order. It bothers me more as a lawyer than as a father. Am I entitled to an explanation? How did the OCP obtain this order without competent testimony?

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