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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My son Chris and I met with the Michigan State Police and Wayne County Detective Cory Williams after this Chapter was published. For this reason I stated in the original Chapter I might publish this addition after the meeting. We had been advised that Sloan was offered freedom under some conditions which were not given to us. We were subsequently advised that Sloan had decided not to accept this offer.

Why would Sloan refuse freedom? First, he may not know anything which would be helpful to solving the murders. Second, he may have been afraid of punishment from any living person he could identify. Third, at age 80 plus he may have preferred three meals a day and a place to sleep. Four, his sense of loyalty to his friends and/or customers supersedes his concerns for the children. Can you think of any other reasons?

While the Oakland County Prosecutor has never told me why Christopher Busch was no longer a suspect in her March 1, 2010 phone call, my degree in bar room psychology has led me to conclude that the Sloan lead replaced Busch as the leading suspect primarily through the use of scientific evidence rather than circumstantial evidence. Remember, the scientific evidence, specifically the mDNA match between a hair in Sloan’s car which matched hairs on two of the victims, was accumulated by the revitalized Task Force after 2005 without any input from Oakland County. It also gave Oakland County an opportunity to hide any of its many possible mistakes or cover up on the Busch involvement.

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OCCK

The following items are the 12 meeting dates without a check mark:
1. October 27, 2009: This is the date of my first and only meeting with the Task Force and is discussed in previous chapters. The Task Force did not answer any of my questions. I later learned that as of October 5, 2009 Jessica Cooper had not been kept current on the status of the investigation at her own request (Chapter 58).

2. November 13, 2009: The letter referred to for this date is attached as Exhibit I. When Cooper warned me of the criminal aspect of polygraph disclosures she was apparently unaware that her predecessor, L. Brooks Patterson, had previously told the media in February 1977 that Christopher Busch was not a suspect in the murder of Mark Stebbins because he had passed a lie detector test. Cooper has continued to deny me access to the contrary conclusions by three other polygraphers (Chapter 8, Exhibit A).

Cooper also states that the OCP does not publicize investigations. However, last year she publicly stated that she would not charge the officers who killed a customer at the Northland Mall because they did not intend to kill him. How many times have you seen or heard the prosecutor conclude that the deaths were a murder-suicide? If the conclusion is professional Cooper goes public. Is it possible her reasons for silence in the OCCK case are personal, political or control rather than professional? If so, silence was her only defense?

3. February 23, 2010: My unanswered phone calls requesting permission to attend the February 26 Task Force conference is a meeting?

4. February 24, 2010: I did call twice more requesting permission to attend the February 26 meeting. Cooper had my friend, Don Studt, tell me I could not attend. Perhaps Cooper can tell us how I asked for information discussed at the meeting which took place two days later.

5. Spring of 2011: My attorney in the FOIA cases was Lisa Milton. She was not contacted. In addition to being a friend and member of my former law firm, Binkley is also an acquaintance of Cooper. I asked permission to attend which was denied. Binkley advised me that Cooper wanted to terminate my questions on the OCCK case. I advised Binkley not to accept any further requests from Cooper unless I could attend.

6. July 21, 2011: This is the day I was called as a witness before the Oakland County Grand Jury. I am forbidden to discuss my grand jury testimony. I met with Cooper, Walton and another prosecutor prior to the hearing to discuss my testimony. We primarily discussed my testimony. I do not recall any discussion on the status of the investigation. During this conference I asked Cooper why she was not talking the Wayne County Prosecutor Kym Worthy. Cooper responded with words to the effect that Worthy wants to be governor. Why political aspirations should interfere with a criminal investigation is beyond my comprehension.

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In previous Chapters we learned (a) that Wayne County and the MSP had determined that Christopher Busch was the leading suspect in the OCCK case,(b) that the first three individuals to fail a polygraph test had been identified by them between 2005 and 2010,(c) that Wayne County had taken appropriate action to locate and test trace evidence, and (d)that there was a mDNA match between Vince Gunnels and the third victim. Then, for reasons the King family has received no explanation, the MSP linked up with Oakland County and terminated the participation of Wayne County.

Chief Assistant Oakland County Prosecutor Paul Walton outlined this transfer in Section 3 of the sworn Bill of Particulars he filed in my second FOIA case where he stated as follows:

“k. To prepare my Power Point Presentation, detailing the strengths and weaknesses of the OCCK investigation, I spent in excess of 200 hours of work, and reviewed literally thousands of pages of documents for source information from FBI and State Police files. During this extensive review of the FBI and State Police investigators from the FBI and the State Police remained present with their records, acting as both custodians of these records as well as sources of information, as they were almost continuously queried during the review of these records, the materials were returned in their entirety to the FBI and the State Police and are not now, nor were they at the time of Plaintiff’s FOIA requests, in the possession of the Oakland County Prosecutor’s Office , but returned after being reviewed.

l. I presented my Power Point presentation to the expanded Task Force at a meeting of the expanded Task Force at a meeting on February 26, 2010.

m. While the MSP has always been, and remains, the lead agency in the Task Force, the Wayne County Prosecutor then requested that her investigator, the former Livonia Officer who authored the conclusory report that Christopher Busch was Oakland County Child Killer be allowed to work with the Task Force.******* The Wayne County investigator was ultimately again asked to leave the Task Force”

The MSP reports have entries in December 2009 where Gray does not respond to Williams. During this same time period Oakland County Prosecutor Jessica Cooper terminated all contacts with Wayne County Prosecutor Kym Worthy.
Having taken no action for 33 years, Oakland County took charge of the case after the October 27, 2009 Task Force meeting and has continued its streak of taking no public action since then.

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Chapter 49: Richard Thompson

Richard Thompson was the Chief Assistant Prosecutor in Oakland County in 1977 and succeeded L. Brooks Patterson as Prosecutor. He drove to Flint in a snowstorm to attend the polygraph examination of Christopher Busch on January 28, 1977. Thompson attended the examination to determine if Busch was involved in the murder of Mark Stebbins, the first victim. On February 22, 1977 the Sunday News published an article stating that Busch was not involved in the Stebbins case because he had passed the lie detector test.
In early 2011 a member of the Birmingham Senior Men’s Club asked me if I would like to meet Thompson and I attended a function in his neighborhood. When introduced Thompson associated my case to a blue Gremlin. While we could not talk that night I contacted him later and mailed him a letter on June 20, 2011 requesting a meeting and providing him with some file material. Thompson stated that he did not remember much about this case. Although Thompson originally agreed to meet with me I received no further information to meet and discuss my original or subsequent letters. Since Thompson was from Oakland County this should not have been a surprise.

Among the papers I mailed Thompson was a handwritten police report dated January 28. 1977 of a Busch interview stating “Officers advised him Greg Greene told these officers that he, Busch, had killed Stebbins”. If you were examining the Stebbins case would you follow up on this lead?

The documents also included an undated email from MSP Sergeant Garry Gray to MSP Lieutenant Darryl Hill stating “…and Dick Thompson from the Oakland County Prosecutor’s office believed these two men were involved in the child murders.”

As both the Chief Assistant Prosecutor and then Prosecutor Thompson was responsible for managing the OCCK case for more than a decade. If you were responsible for solving the most heinous unsolved crime in Michigan would you remember what you did? Is this another instance where the Oakland County officials have conspired to cover up for 40 years the status of these murders for reasons unknown to the victims and the public?

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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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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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As I discussed in Chapter 39, prior to the March 1, 2010 phone call from Jessica Cooper my family had requested only two documents from the appropriate authorities, the Bloomfield Township Police Department and the Genesee County Circuit Court. In both instances the authorities denied the King family access to this information and then provided the information to Heather Catallo of Channel 7.

After the revitalized OCCK Task Force denied the many requests of the King family for a conference, I decided to take the matter to the public. Realizing my story would not fit into a three to five minute portion of the six o’clock news, I called my friend Judy Dieboltd at the Detroit News. Marney Keenan a reporter and Dieboltd met with me to discuss this matter. Keenan has been so intrigued by the case that she is preparing to publish a book on the entire investigation.

Keenan has advised me that she contacted Jessica Cooper for information and they had a conference in August 2012. Keenan told me that the conference took place for more than two hours. Is it another instance of law enforcement providing information to the media that is not provided to the victim?

In my two Freedom of Information Act lawsuits against the Oakland County Prosecutor, the Oakland County Prosecutor successfully denied me any information. Both the Oakland County Circuit Court and the Michigan Court of Appeals confirmed this result. If the information of the Busch investigation is exempt from disclosure under the Freedom of Information Act, why did Jessica Cooper, Oakland County Prosecutor, provide this information to members of the media on at least three occasions?

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OCCK

On June 19, 2012, Kevin Dietz of Channel 4 requested the following information from Jessica Cooper:

“Pursuant to the provisions of the Freedom of Information Act, please accept this request for the following records:

1. A copy of the Christopher Busch CSC file that we reviewed in your office on Monday, June 18th 2012”

Including the standard cover letter the OEP response included 121 pages.”

OBVIOUSLY, THE OAKLAND COUNTY PROSECUTOR SHOWED THIS INFORMATION TO KEVIN DIETZ PRIOR TO HIS FOIA REQUEST.

Am I entitled to an explanation from the Oakland County Prosecutor? Were these documents shown to Kevin Dietz prior to his request?

Should the Oakland County Prosecutor explain to the Oakland County Circuit Court and the Michigan Court of Appeals, why this information was made available to Channel 4 while arguing in my FOIA cases that it was exempt information under the Freedom of Information Act? Is it just happenstance that Jessica Cooper was running for reelection in 2012?

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OCCK

Chris and I invited Erica McAvoy and her stepfather, Tom Ashcroft, to attend the October 27 conference. When we arrived, the four of us were shown into a small conference room. After half an hour we were asked to join the attendees. Present were Captain Harold Love of the Michigan State Police and four or more additional officers including Garry Gray, the Task Force commander, Oakland County Prosecutor, Jessica Cooper and two of her assistants including Paul Walton, Wayne County Prosecutor, Kym Worthy with her assistant Robert Moran, a Wayne County inspector and several Livonia policeman, including the recently retired Cory Williams. Once the introductions were complete, I asked the following five questions which I confirmed in a letter to Captain Love on November 9.

• Are there any other persons being investigated currently except for Busch and his possible cohorts?
• Who are possible cohorts and what do we know about them?
• What additional polygraphs do you wish to take and what is time schedule?
• Who is the Oakland County prosecutor currently handling this case?
• Give us the name, address and phone number of the responsible lab personnel.
• Do you have the name and address of the informants who turned in Busch? We would like to thank them.

The Task Force did not answer any of these questions.
McAvoy then asked the Task Force about the DNA match between a hair found on her sister’s jacket and Vince Gunnels. At that time, I had no knowledge of DNA. Walton then gave a lecture on Mitochondrial DNA (“mDNA”) and stated that it was not good evidence and compared it to blood type. I later learned mDNA is received from your mother and will include anyone with her heritage unlike true DNA which is almost 100% good evidence of a match. My supplemental research indicates that mDNA evidence is admissible only if there are other sufficient facts involving the suspect.

It was apparent to me that we were being stonewalled and I made inquiry as to whom I should direct additional questions. The Michigan State Police said the Prosecutor and the Oakland County Prosecutor said the Michigan State Police. However, Love volunteered to accept that role and I did have further contact with him in November.

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