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CASE NO: 2010-CV-00181-PB



Bradford Whipple, being duly sworn deposes: 1. I am a long time resident Sugar Hill, New Hampshire. I was a Franconia, New Hampshire police officer from 1983-88, a member ofthe Grafton County sheriff's department from 1978-80, and a Sugar Hill policeman from 1974-94. Sugar Hill and Franconia police departments worked in concert during my employ as a police officer. 2. From this work and otherwise I know defendants Mark Montminy and Mark Taylor personally and have worked in my police capacity with them.
'3. ! knew personally and worked in a police capacity \"lith defendant

4. I had numerous significant professional concerns about McKay's capacity and actions as a police officer during my tenure as a Sugar Hill police officer and afterward. ! have numerous, signiticant, professional concerns about whether Franconia properly has trained and supervised its police, including the period 2003 to 2007 when Liko Kenney and Bruce McKay were at odds. 5. On about July 9,2007 I confronted defendant Taylor that defendant McKay was a 'rogue cop'. l'aylor told me that four years ago (2003) Taylor reported :McKay to defendant Montminy in writing requesting that McKay be removed from the Franconia Police Department. This VI'as at a time when a series of public complaints were filed with Franconia against McKay's police practices. Taylor told me July 9, 2007 that McKay was not fit for police work in any community, much Jess Franconia, and that is why, Taylor said twice during this talk, Taylor was talking to me about McKay's unprofessional policing and complaints against McKay 6. On about July 9,2007, I told defendant Taylor that something had to be done to heal Franconia after the shootings. Taylor responded that there was no doubt that defendant "had it out" for Liko Kenney.



7. In 2004 I had a conversation with defendant Taylor where Taylor said McKay was "out of hand" and should be released from duty because McKay did not fit the model of community policing. Taylor agreed with me that McKay would one day be a danger to the community. Taylor did not understand why McKay had not been removed from the force. Taylor knew that most Franconia youth did not like McKay, which Taylor reported to defendant Montminy. 8. On July 10, 2007 I was interviewed by professional investigator Tom Nickels, of Manchester, New Hampshire. I told Nickels that I knew attorney Troy Watts, of Lincoln, New Hampshire, who represented a 105 pound woman who McKay maced to unconsciousness. Watts told me that the judge in this case ordered McKay to write an apology letter to his victim. 9. On July 10,2007 I told investigator Tom Nickels that Tim Stephenson had tiled a civil suit versus Franconia Police Department and McKay due to alleged police brutality by McKay against Stephenson. 10. On July 8, 2007 investigator Nickels interviewed me. I told him that I could verify that Bruce McKay had a bad reputation in the community. I said McKay was a rogue police officer and should not have been a policeman. I said I was horrified at how McKay had dealt with Franconia's youth, that McKay took it upon himself to punish those he felt needed it. 11. On August 21, 2007 I took investigator Nickels to a potential witness in this case who contirmed that Bob Gilbert, a 20 year Grafton County dispatcher, could confirm that McKay was fired from Haverhill Police Department, and that the Haverhill police chief told defendant Montminy not to hire McKay. I heard the witness make these statements to investigator Nickels. I heard the witness state to Nickels that Franconia selectmen tried to terminate McKay four years prior, but were unsuccessful due to lack of a personnel policy. 12. The witness told Nickels and me August 21, 2007 that former Franconia selectman Ray Holland knows Franconia tried to terminate McKay four years prior. 13. The witness told me and the investigator that Steve Heath, Franconia, is on a committee to reconcile the people of Franconia with their police department after the killings. The witness stated Heath had received over 200 responses to his survey asking residents about their relations with McKay before his death. 14. The witness said that the national magazine "Men's Journal" published an August, 2007 article extremely critical of Mckay. 15. On Tuesday, August 21,2007 I took investigator Nickels to interview a second witness in this case, regarding two high school females stopped in February, 2006 by McKay. The witness said the juvenile driver told McKay the driver had a Florida license. McKay told the driver


they could not drive in New Hampshire with a Florida license. The witness said McKay then ordered the juvenile to drive to the juvenile's home so the juvenile could show McKay the license since it was not present at the stop but was at the home. The witness said McKay "stood guard" over the vehicle passenger while the juvenile, escorted by McKay's partner Chris Fowler, went with Fowler into the juvenile's bedroom in that home and retrieved the license. The witness said McKay told the driver a second time that the driver could not drive a New Hampshire vehicle with a Florida license, and that McKay would give the driver 30 days to get a New Hampshire license. The witness said the family researched the issue and found McKay was incorrect on the law. The witness said the family complained to defendant Montminy. The witnesss said the witness wrote to Montminy asking what right two officers had to follow a stopped juvenile to the family home, owned by the witness, and search that residence without the owner's or family's permission? The witness asked if this was the customary Franconia Police Department practice? The witness said defendant Montminy apologized to her. 16. On Monday, August 6, 2007, I took investigator Nickels to speak to a witness who saw defendant McKay mace a young woman in front of a grocery store to the point of unconsciousness. The witness said she saw McKay search the woman's car truck while the car owner was unconscious on the ground near the car. The witness said there was no search warrant. The witness said watched the victim hyper-ventilate without offering assistance until an ambulance arrived. 17. Other witnesses I tried to introduce to investigator Nickels regarding mUltiple citizen complaints against defendant McKay and regarding the case at the bar refused to be interviewed for fear of retaliation by Franconia Police Department. 18. During defendant McKay's employment as a Franconia police officer I personally intervened and spoke to McKay concerning his harassment of Franconia youth reported to me by their parents and their juvenile children. The children told their parents and me that McKay was bullying them. After interviewing one victim who spoke for himself and others, I told McKay that he had acted unfairly toward them and this was not good for the community. I am from the region and I do not want to see the children victimized by anyone. I told defendant Taylor about this incident, and told him McKay should be terminated because he caused bad relations between the police and the people. Taylor said complaining of this to defendant Montminy did not seem to do any good. Taylor said he had heard these kinds of complaints before and Montminy knows it. I thought McKay was excessive in the way he handled young people. I never heard of an adult of McKay's size receiving abusive treatment from McKay, but these complaints may have existed. The children complaining to me said they were very afraid of McKay, and that McKay could hurt them. The children thought McKay would one day cross that line. He approached kids with fear and intimidation, not guidance and protection. 19. My definition of "rogue cop" is someone who uses their position to go above and beyond what they need to do to do the job properly. They may also have personality traits that make


them unqualified to be a good policeman. I think defendant McKay met this definition. You do not need an SS troop mentality in Franconia or this part of New Hampshire. The people and their children should not be afraid of their police force. People who confronted McKay felt afraid.

20. I am willing to make all of this testimony in a court of law. My reasons s for coming fonvard are that I love my community. I have invested over 60 years of my life here, as a volunteer fireman, policeman, ambulance driver, rescue diver, search and rescue team member: even spent five years in the Peace Corps. It's all about being giving and being part of making things whole and better and not being disruptive. My community is important. I do not want to see cancerous grm,vths devour it. I love this area and I would like it to stay clean.

21. I have made these statements of my free will and without compensation or duress of any kind.
22. I acknowledge that I have read this affidavit, certify that I know its contents, and that its statements are true and correct.

Date: 12-9-11 Bradford Whipple, Affiant

State of New Hampshire County of Grafton Subscribed and sworn to before me 12-9-11.

Attorney Charles O'Leary Justice of the Peace State of New Hampshire