Wednesday, August 6, 2008

Hey KingCast, are you still on point for the new lawsuit next week?

Oh, yah. Read the comments.

1 comment:

Christopher King said...

......However, the bill’s primary sponsor and lead Defendant Martha McLeod – now running for State Senate – intentionally failed to tell any of her local Statehouse peers or the Community at-large about HB 1428 and they found out about it on the eve of a legislative hearing after a chance dinner conversation. Attachment 1.

McLeod was and potentially still is the spokesperson for the Franconia Recovery and Reconciliation Committee, (hereinafter “FRRC”) which named as its primary goal the healing of the community through outreach and open public communication and discourse. Id.

Meanwhile, New Hampshire has recently passed a more expansive Right-to-Know Law that originated as HB 1408 – prior to HB 1428. See

Section IV, Law and Argument.

While this lawsuit was being drafted Petitioner was reminded that the Town of Franconia discussed terminating the employment of Norman Bruce McKay, and he learned that there were citizen complaints filed against officers in late 2005 or early 2006. These sources very reliable and they were correct about many things in the prior litigation of KingCast v. Ayotte et al, Grafton 07-E-268. As such, Petitioner asked for the copies of the complaints on 22 July and was rejected. Attachment 2.

He then repeatedly asked for the minutes regarding termination of Corporal McKay and was ignored: He first asked on 22 July, then followed up on 30 July and on 1 August, 2008. Attachment 3.

Note the clear admonition to Counselor Mullen in the correspondence of 1 August, 2008 that if the Selectmen failed to go into executive session they cannot now refuse to provide the minutes.

II. The Parties:

1. Petitioner is a New Hampshire citizen who resides in Nashua, New Hampshire and who runs a couple of websites protected by the First Amendment, most notably “KingCast.net,” “Christopher King’s 1st Amendment Page” and “Elect Martha McLeod.” He often seeks redress from his government and has been successful in Nashua, New Hampshire on school board issues where he also holds a Mayoral Commendation from 30-year Executive Council member Bernard Streeter. He also is to be awarded court costs by NH Attorney General Kelly Ayotte and the Town of Franconia as a result of his efforts in the related Right-to-Know litigation of KingCast v. Ayotte et al., Grafton County 07-E-268.

2. Respondent McLeod is, and was at all times a New Hampshire State Representative living in Grafton County, New Hampshire. She is the Principal sponsor of HB 1428 and was at most or all relevant times the spokesperson for the FRRC which was ostensibly a group of concerned citizens who were going to seek ways to help the community heal in the aftermath of the tragic shootings of 5/11 2007. Her commitment to the group and to the issues was and is still openly questioned by other members. The shootings of course left Corporal McKay and Liko Kenney dead and three (3) time felon Gregory W. Floyd on the loose after NH AG Kelly Ayotte cleared him within 24 hours after he possibly murdered Liko Kenney.

3. Respondent Noreli is, and was at all times the New Hampshire Speaker of the House.

4. The town Selectmen of Franconia are sued as duly-chartered public entity.

III. The Facts:

5. Plaintiff has written all named Respondents and asked for copies of their respective emails, to and from their individual, state-owned email addresses. Respondent Noreli responded through counsel David Frydman who denied access, which caused Petitioner to issue him relevant case law from other Jurisdictions. Attachment 4. Would-be Respondent and State Senator David Letourneau, on advice of counsel, eventually came to his senses and released all information Attachment 5.

6. But most egregious are the
responses from lead Defendant McLeod, who refused to communicate in any way with Petitioner after he wrote the professional and temperate letter to her of 20 August, 2007 seen at Attachment 6. In fact, she instead went directly to Senior NH AAG Jeffrey Strelzin about Petitioner, noting that “I haven’t responded and he is becoming more persistent.” Id.

7. Petitioner has placed the above Defendants on Actual and Constructive Notice that the Attorneys General and other counsel of Florida, Wisconsin, Missouri AGs and Tennessee agree that all emails to publicly-subsidized email addresses concerning public matters are subject to disclosure. In fact, some have even opined that all emails to private email addresses are subject to disclosure as well if they pertain to public matters. Attachment 7.

8. The Town of Franconia, as noted above, refuses to provide copies of any of the 2005/2006 citizen complaints as sought, even though they acknowledge that the complaints were issued, and even though they have released citizen complaints throughout 2007 and 2008 as a matter of public record.

9. The Town of Franconia, as noted above, refuses to provide copies of any of the minutes regarding their discussion of terminating Norman Bruce McKay even though Petitioner has it on extremely Good Faith that such discussions did occur, and that they may have even occurred in regular session, rather than behind closed doors in any executive session which might render them exempt from disclosure......

By Blogger Christopher King, at 6:52 AM
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A small revision and the Request for relief and Conclusion:


2. Respondent McLeod is, and was at all times a New Hampshire State Representative living in Grafton County, New Hampshire. She is the Principal sponsor of HB 1428 and was at most or all relevant times the spokesperson for the FRRC which was ostensibly a group of concerned citizens who were going to seek ways to help the community heal in the aftermath of the tragic shootings of 5/11 2007. Her commitment to the group and to the issues was and is still openly questioned by other members. Attachment 1, supra.

The shootings of course left Corporal McKay and Liko Kenney dead and three (3) time felon Gregory W. Floyd on the loose after NH AG Kelly Ayotte cleared him within 24 hours after he possibly murdered Liko Kenney. She told Respondent that she allegedly never even conducted fingerprint analyses of the guns involved even though Floyd went home with Liko Kenney’s live round in his pocket, which does not comport with his investigative statement that he did not clear Liko’s gun.

Many people believe that Floyd loaded Liko Kenney’s second magazine to make it appear that Liko was actually a threat to him before Floyd shot him through a closed window, as noted at Kelly Ayotte’s official report p.26 “window was in the fully up position but the glass was in fragments.”

Official government photos also show that Floyd also shot Connie McKenzie’s barn, Connie McKenzie’s house and the base of Liko Kenney’s windshield, all of which points to him lying when he said he spoke to Mr. Kenney prior to executing him. So too does the fact that Bruce McKay’s spent casings were distributed some 30-35 feet from Liko Kenney’s car, as actually paced by Petitioner based on the official crime scene photographs. Attachment 4.

3. Respondent Noreli is, and was at all times the New Hampshire Speaker of the House.

4. The town Selectmen of Franconia are sued as a duly-chartered public entity. They have been found liable for Petitioner’s court cost in KingCast v. Ayotte et al, Grafton 07-E-268.

********

V. Prayers for Relief.

a) Judgment compelling immediate disclosure of all requested emails from private account of Respondent McLeod, with a Court ORDER that her Private email provider search her emails for any reference to HB 1428 and provide them to Petitioner at Respondent’s cost.

b) Judgment compelling immediate disclosure of all requested emails from the public account of Respondent McLeod at her cost.

c) Judgment finding that the Respondent McLeod egregiously violated RSA 91-A by not even responding to Petitioner in the manner contemplated by Statute as noted in Law and Argument Section “A.” Note that while Speaker Noreli violated the response time Petitioner waives his argument on that because counsel did act reasonably in apologizing for the delay. The fact that Petitioner and counsel disagree on the law brings us before this Honorable Court.

d) Judgment that the Town of Franconia egregiously violated RSA 91-A by not even responding to Petitioner in the manner contemplated by Statute as noted in Law and Argument Section “A” with regard to the citizen complaints of 2005/2006.

e) Judgment that the Town of Franconia egregiously violated RSA 91-A by not even responding to Petitioner in the manner contemplated by Statute as noted in Law and Argument Section “A” with regard to the Selectmen discussions about the termination of Norman Bruce McKay.

f) Judgment that the Town of Franconia violated RSA 91-A by failing to provide a copy of Citizen Complaint(s) issued in 2005 or 2006, as they have previously turned over such complaints for public inspection and they should be available for public inspection. The investigation itself is a separate matter.

g) Judgment that the Town of Franconia violated RSA 91-A by failing to provide a copy of the minutes in which the termination of Norman Bruce McKay was discussed.

h) Injunctive relief against further transgressions applied to Petitioner and others.

i) Reasonable costs to carry the event.

*************

VI. Conclusion.

Petitioner prays that this Court give the matter its full and unwavering attention as this is an essential tenet of First Amendment Law, as witnessed by Appendix A, showing how Attorneys General all over the Country agree that emails to public officials about public matters are indeed subject to FOIA. Some even go as far as to say that the emails held in a State official’s private account are public information if they address a public matter and Petitioner must concur because otherwise an unscrupulous statesman could simply hide their actions behind the cloak of private address. Surely the architects of First Amendment Law and the Freedom of Information Act did not intend for such an absurd result. Petitioner prays that this Court give the matter its full and unwavering attention lest we set a pattern of governmental secrecy that may lead to further tragedy in the North Country.

Respectfully submitted,
________________________
Christopher King, J.D.
Plaintiff pro se
On behalf of KingCast.net

By Blogger Christopher King, at 10:20 AM