OCCK

The Michigan Grand Jury Statute provides for a Citizen’s Grand Jury and a Judicial Grand Jury. A Citizen’s Grand Jury is heard by a jury of 15 to 20 citizens and has a term of one year. A Judicial Grand Jury is held before a judge and the one year term can be extended under certain conditions. If a crime involves more than one county, the statute provides that the hearing can be held in one county rather than requiring each county spending its time and money for this purpose.

This multiple county provision has particular application to the OCCK case because Tim’s body was found in Wayne County and all other activities took place in Oakland County. The use of one Grand Jury is the better procedure. For example, if Wayne County considered Suspect A was the murderer and Oakland County sought indictment against Suspect B, both suspects could argue innocence because the other suspect was guilty. But what if both suspects participated in the murder? For instance what if Suspect A procured young children who were abused by Suspect B? Even worse, what if there is an organized group involving many other individuals?

The MSP reports indicate that Kym Worthy, the Wayne County Prosecutor, was considering a grand jury as early as October 15, 2008. The entry states that she wanted to examine several redacted names and “Cabot”. Ralph Cabot was the Genesee County polygrapher who examined Christophe r Busch on January 27, 1977. Did Wayne County formed a Judicial Grand Jury in the fall of 2010 after discussions with the Oakland County on a one county grand jury were unsuccessful or was this during the time that Jessica Cooper would not talk with Kym Worthy? I would like clarification of this fact.

Wayne County advised me in 2015 that its Grand Jury did not indict anyone and was terminated after several extensions.

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OCCK

The Busch criminal files in both Genesee and Oakland County contain provisions that Christopher Busch will not be granted probation. However the ultimate result in both Counties was probation and no one will explain this result to me.

On June 29, 1977 the Genesee County Assistant Prosecutor Judith Fullerton wrote to the Montmorency County Prosecutor and stated as follows;

“Our office will allow Busch to plead guilty to Assault with Intent to Do Criminal Sexual Conduct Involving Penetration, but we will not enter into a sentence concession whereby Busch will be placed on probation.”

You will recall that Gregory Greene, the co-defendant in this case, was sentenced to life in prison and Busch, who did the same child, received probation. Ms. Fullerton is now a Circuit Judge and refused to talk to me when I twice tried to call her.

In the summer of 2012 Chief Assistant Prosecutor Paul Walton gave me the
Complaint in the Oakland County criminal file against Busch. It contained a handwritten note “No Deals R. Thompson”. He told me this meant no prosecutor could settle the case without his approval. Walton stated that if it happened today he would fire the Assistant Prosecutor who settled a No Deal case without his permission. I will discuss this aspect of the case in my Chapter on Mr. Thompson.
The results in these two cases support my concerns that who the defendant is may be more important than what he did. Do you agree?

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OCCK

The public body in FOIA cases has both the burden of proof and the burden of going forward to claim any exemption from production of documents. In my second FOIA case the Oakland County Prosecutor told the court she had returned all police reports. Quite obviously, if you do not have a document you cannot deliver it. The Oakland County Circuit Court denied me any discovery from the OCP in the trial court, and the November 20, 2012 delivery of the police reports was after the discovery cutoff date.

Interestingly, this subject was raised by the Court of Appeals during my oral argument. I do not have a transcript of the hearing, but I recall one of the judges asking Assistant Prosecutor Jeffrey Kaelin if his office had replied accurately regarding documents to the trial court. Kaelin turned and asked Assistant Prosecutor Thomas Grden, who was also in the court room, for advice and then replied the statement was essentially true.

How does a citizen protect his request for documents in a FOIA case if the public body deliberately or mistakenly states that it does not have the document? What would you do in your FOIA case under these facts?

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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

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

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 was 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

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

Prior to the March 1, 2010 telephone advice from Jessica Cooper that Busch was not a suspect, my family had requested only two documents concerning Tim’s death. First, after Christopher Busch was identified, Cathy’s attorney friend, Lisa Milton, requested a copy of his suicide report from the Bloomfield Township Police Department on January 24, 2008. The Township replied that the file had been destroyed and therefore could not be produced.

Twenty three months later, on December 3, 2009, Heather Catallo of Channel 7 gave me the suicide report. Interestingly, when I received the Busch file from the Michigan State Police on December 15, 2010, there was a note that the suicide report had been delivered to the Michigan State Police in February 2008.

In 2011, I visited the Township Police Department for an explanation. The Township advised me that it received a call in February from the Michigan State Police and an officer was instructed to locate the file. After a day and a half he determined that the file had been misplaced and delivered it to the State Police. However, the Department took no action to advise Milton. At our office when we destroy a file we add it to a destroyed file list but apparently the Bloomfield Township Police Department does not keep tract of destroyed files. The Township should adopt this practice.

In early November 2009, my secretary also called the Genesee County Circuit Court and asked for the criminal files on Christopher Busch and Gregory Greene. She was advised the Court could not locate the Greene file and that the Busch file was in the archives. She would order the file from the archives and make it available in a few days. When I called the Clerk for the Busch file the Clerk advised me that the file could not be located. On February 17, 2010, Catallo gave me both files.

These are not be the only incidences when the responsible government officials made files available to the media which have been denied to the King family. I will discuss these future media disclosures in later chapters. The victims should be entitled to the same or better treatment as the media.

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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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