OCCK

“Cooper, who was elected in 2008, says members of her staff have responded to all of King’s queries over the years. Her chief assistant, Paul Walton spoke at length with King in 2012. King also met with Gary Miller, then- Oakland County deputy sheriff.” From A Father’s Story by Deborah Holdship published in Michigan Today, April 25, 2016

This statement is at best misleading and at worst incorrect. For instance, one of the Assistant Prosecutors advised me that he had been instructed not to talk to me.

The June 25, 2012 meeting with Walton is summarized in Chapter 64 of my story of my son’s murder, A Father’s Story-OCCK. Prior to this meeting on June 19, Kevin Dietz of Channel 4 sent a FOIA request to Cooper for the documents she had shown him yesterday and received 121 pages concerning the Busch investigation. This was during the same time period that Cooper told both the Oakland County Circuit Court and the Michigan Court of Appeals that this information was exempt and not available to me in my FOIA cases. Walton gave us less than ten pages at the June 25 meeting (Chapter 38). At this same meeting Walton also told us that he had no evidence exonerating Busch from participation in these murders.

Cooper and Walton asked me to come to court on July 20, 2011. When I appeared they falsely told Judge Martha Anderson that I had committed the crime of disclosing the existence of the Oakland County Grand Jury. When I asked him who provided his office with this false information at the June 25, 2012 meeting, he responded Kevin Dietz. Dietz had previously delivered to his office a statement that I was not the source of his TV program announcing the existence of the Oakland County Grand Jury (Chapter 65, Exhibit K).

The meeting with Gary Miller was arranged with Sheriff Michael Bouchard and no prosecutor was present. My summary of the meeting is at Chapter 64, Exhibit J.
Cooper called on March 1, 2010 to tell us that Busch was no longer a suspect. On June 25, 2012 Walton tells us the Oakland County Prosecutor has no evidence exonerating him. The only person who can give us the basis for her March 1 phone call is Cooper. Hopefully before the November 8 election someone in the media will ask her to explain why she called me on March 1 to tell me Busch was no longer a suspect.

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

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OCCK

There are a number of additional questions I have for Jessica Cooper. Among them are the following:

19. When Chief Assistant Prosecutor Paul Walton filed his August 8, 2012 sworn Bill of Particulars with Oakland County Circuit Court Judge Wendy Potts stating that he had returned all the police records to the Michigan State Police did your office have in its possession the MSP documents delivered to me on November 20, 2012 (Chapters 47 and 48)? If so, do you have any professional responsibility to tell the Oakland County Circuit Court of this false statement pursuant to Rule 3.3(a)(1) of the Michigan Rules of Professional Conduct?

20. Did Richard Thompson tell the revitalized OCCK Task Force that he believed Christophe Busch was the murderer? Did your office discuss this subject with Thompson and, if so, who participated and what was said?

21. Define “meeting” as described in Chapters 61 to 64? Who prepared the list of 27 meetings? Why did you deliberately omit July 20, 2011 (Chapter 65)?

22. On April 26, 2012 did you tell the Oakland Press that you had won the appeal in my first FOIA case? If so, what was your basis for this statement?

23. Do you disagree with the facts or conclusions of Bill Beachum in Chapter 60, Exhibit G? If so, state each fact or conclusion and the basis for each disagreement.

24. Prior to October 5, 2009 did you tell the revitalized OCCK Task Force not to keep you advised of its investigation (Chapter 53)? If so, why did you make this request?

If any prosecutor advised you that the leading suspect in your child’s murder was no longer a suspect should the prosecutor explain the basis for her decision? If your answer is yes please vote for Mike Goetz this November.

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

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OCCK

After I published Chapter 52 I had further thoughts on the Grand Jury background. I called the families of Mark Stebbins and Kristine Mihelich and Patrick Coffey, the source of the Christopher Busch lead. None of them had been called as witnesses. How does the prosecutor convict any criminal if she does not call the victims as a witness? The failure to call Coffey would eliminate any charges against Busch. Who was the suspect identified to the Grand Jury?

The history of the OCP reaction to the Busch lead is contradictory. In 1977 the OCP publicly announced that Busch was not a suspect in the Stebbins murder because he passed a polygraph test (Chapter8, Exhibit A)). After the appointment of the revitalized Task Force in 2005 Richard Thompson, the Chief Assistant Prosecutor in 1977 and later elected Oakland County Prosecutor, advised the investigating officers he believed Busch was involved in these murders(Chapter49). As of October 5, 2009 Jessica Cooper did not want to receive the Task Force reports (Chapter 58) and she called me on March 1, 2010 to tell me Busch was not a suspect (Prologue). Is the Cooper lack of interest because all concerned believed Busch was involved and Oakland County was embarrassed to admit its previous errors?

Was the OCCK case added to the Grand Jury list of cold cases after its formation? Did the OCP call me as a Grand Jury witness solely to charge me with a crime as I discussed in Chapter 65? Why did Oakland County form a Grand Jury on the OCCK case when there was an existing Grand Jury in Wayne County? Who did the OCP ask the Grand Jury to indict? Are my questions valid?

You can locate the previous Chapters at “afathersstory-OCCK.com”.

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OCCK

Oakland County formed a Citizen’s Grand Jury in the spring or early summer of 2011 to examine several cold cases, including the OCCK case. I have heard rumors that the OCCK case was added after the original filing, but I need clarification on this fact. The media has reported that two suspects in other cases were indicted and convicted as result of these grand jury proceedings.

Interestingly, the media reported the Oakland County Prosecutor introduced mDNA evidence in one of the other cases. However, as discussed previously in this Story, the OCP had advised me that the mDNA match between Vince Gunnels and Kristine Mihelich is not admissible. What’s good for the goose should be good for the gander!

Since I have received no reports on the Oakland Grand Jury findings on the OCCK portion of the grand jury, I have assumed no one was indicted in the OCCK case. The privacy provisions of the Grand Jury Statute limit third party inquiries on this result.

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OCCK

Since Jessica Copper, the Oakland County Prosecutor, won’t talk to me about the OCCK case, I am setting forth my questions and conclusions regarding the polygraph situation as follows.

1. In Jessica Cooper’s letter on November 13, 2009, was she warning me that she would bring criminal proceedings against me for any publicity on the possible Christopher Busch involvement in the OCCK case as the result of the polygraph by Lawrence Wasser that was never taken?

2. In February 1977 the Oakland County Prosecutor publicly stated that Christopher Busch was not involved in the Mark Stebbins murder because he passed a polygraph test and he gave this information to at least two newspapers.

3. The Oakland County Prosecutor stated under oath that Busch did not pass the February 27, 1977 polygraph when she submitted the search warrant affidavit to the 48th District Court on October 28, 2008.

4. The first person to fail a polygraph test was Ted Lamborgine in 2005 (chapter’s 30 & 31).

5. When Assistant Prosecutor, Thomas Grden reported the failure of Vince Gunnels to pass his July 31 2009 polygraph examination. Jessica Cooper took no action to charge her staff with a crime.

6. If the Oakland County Prosecutor publicly states that a suspect passed a polygraph examination, should any subsequent results to the contrary also be made public?

7. What is the position of Jessica Cooper on enforcing the publication of the criminal provisions of the polygraph statute?

8. Did L. Brooks Patterson violate this statute in 1977?

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OCCK

On October 5, 2012 Laurie Brasier of the Detroit Free Press filed a FOIA request with the Oakland County Prosecutor for all documents related to the Oakland County Child Killer investigation. Paul Walton, Chief Assistant Prosecutor, returned 169 pages, including his Affidavit stating that additional documents were exempt. On October, 2012, Brasier filed a second FOIA request for the following documents.

1. All documents provided to the family of Timothy King
2. Birmingham Police Department Reports regarding the investigation
3. Documents related to the vehicles the police investigated including the Blue Gremlin
4. Autopsy reports detailing the condition of the children’s bodies

Please note that we are not seeking photos, as they are exempt, and that we will not be publishing details, except to confirm that the only one child seemed to have been bathed.

Walton responded to the second request with an additional 51 pages including a June 17, 2012 Free Press article by David Ashenfelter. It also includes reports from retired Birmingham Police Lieutenant Jack Klabfliesh and report dated September 7, 1978 from A. Robertson, the Michigan State Police Officer in charge of the original Task Force. Both of these reports make reference to several automobiles other than a Blue Gremlin.

This is another example of the Oakland County Prosecutor providing information to the media that she denies to the victims and the courts.

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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

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

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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