15 Beasom Street Nashua , New Hampshire 03064 603.438.8017m

17 September 2007: Re: RSA 91-A Lawsuit; Letter to the Editor Dear Editor Lavely:


I have waited until today to write an official letter to the editor because I wanted to actually file suit first. Now that case no. 07-E-268 has been filed in Grafton Superior Court, I hope that your paper, and local citizens take the time to either come in to see what the issues are, or in the alternative, to read the case online at The Motion is the joint effort of at least a dozen people who provided information, time or other resources in this effort, and at bottom it contains a number of lettered paragraphs that all seek to address failures of communication in one way or another. We seek declaratory judgment that not maintaining the Use-of-Force and arrest reports for Liko Kenney’s 2003 arrest constitutes a failure to adhere to the Right-to-Know law, particularly RSA 91A:4 that demands public records such as these be produced in appropriate circumstances; the fact that they are Missing in Action constitutes a violation. We also seek declaratory judgment that RSA 91-A requires a police officer to state his name, badge and jurisdiction on demand unless truly exigent circumstances are present. It seems clear by watching the full 2003 video that Bruce McKay never told Liko Kenney his name, and that added to an atmosphere rife with contention as Liko properly told McKay 20:48:00 "You don't have the right to keep me here without a good reason." We seek bright-line standards for what information should be available when the media reviews a policeman’s personnel file. We urge a move toward Ohio, which is fully open, but with some protections. We believe that the disciplinary history and psychological profiles of Police may be obtained by media because a police officer’s public actions are never private in nature. In Ohio:
"All of my members are good cops, so we have no problem opening up the Sunshine Law and letting it shine in." --- and Wickliffe's Chief James Fox said "But when you sign up for this job, in a position of public trust, that's part of the deal," Fox said, "You must accept the fact that your work-related life is a matter of public record."

The availability of emails is also at issue because Defendant Ayotte’s office initially refused to provide a copy of every email with Liko Kenney or Bruce McKay’s names on them. As such, we delve into the fullest extant of the Hawkins case that is the genesis of the Right-to-Know Commission as it urged for an expansion of the Act to include electronic records. On a related note, HB 82 that tangentially addresses this issue has apparently not yet been signed by Governor Lynch so now is a perfect time for a Court to address this matter. We also seek declaratory judgment that Gregory Floyd issued materially false statements to investigators including his alleged tours of Vietnam, the extent of his criminal background as represented to Sgt. Charles West as he ignores his marijuana and PCP convictions at one point and at another point tries to say THC is the same as PCP. Further, NH AG Kelly Ayotte has issued materially false statements to the public regarding his participation including whether he was unarmed when Liko ran over Bruce McKay (witnesses reported a bald man standing over McKay with a gun at 6:12p), why Floyd apparently shot a windshield bullet at Liko’s car and why there is absolutely no substantive discussion of this bullet in her official report, yet there is discussion and analysis of bullet holes in the McKenzie barn and car port where no one died. Did Floyd appear on the scene and make a bad situation worse? His own son said the Liko’s car did not strike the officer until his father shot at the car after he stopped without hitting the officer, backed up and raced forward -- which of course would be the windshield bullet. Did that bullet cause Liko, by then going blind with OC Spray to go ballistic and try to run over whatever was in his path and shooting at him? Perhaps so. And of course we must question her email to Attorney X and her official report that unequivocally states Caleb Macaulay’s window was open and that Floyd talked with Liko prior to shooting him when Floyd and Caleb both stated in their interviews that Floyd did not speak first. We want the Attorney General’s office to be compelled to post the investigative files online because of the materiality of the conflicts between them and the Official Report and because she has waived privilege to them, as reporters who paid the fee obtained them. We also seek declaratory judgment that the fee for the audiotaped interviews, at $10.00 each, is unlawful because it bears no relation to the actual cost of production, which like a photocopy is closer to one dollar than $10.00. The oral argument will also include elements of what Robbie Hayward (Serry's father) told me on Friday 14 September that he said to 20/20, as noted in this post:
"Both men had good qualities about them but that MCKay was a liability and that the State had a greater responsibility to monitor the situation, and that Liko was pushed into a corner."

Franconia has to heal. But before it can heal, it has to be honest. Watch for the short film “Franconia 5/11: Injustice on Stilts,” online soon. Best regards, ______________________ Christopher King, J.D. KingCast Plaintiff pro se.