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CHRISTOPHER KING, JD. 131 Boston Street Suite Three Boston, MA 02125 http://KingCast.net http://MortgageMovies.blogspot. com ki ngj urisdoctor@gmail.com
617.543.8085/m

617.507.8031 If

12 December, 2011 Re:

Affidavit Regarding my Attempts to Acquire Franconia Pursuit Policies and Troy Watts Ethics Complaint Against Norman Bruce McKay

AFFIDAVIT Now comes Affiant, Christopher King, JD, as if on Oath and being duly sworn and subject to the penalties of Perjury to solemnly aver: 1. I am Christopher King, JD, an investigative journalist living in Boston, Massachusetts. I hold a Juris Doctorate in law from Case Western Reserve University 'in Ohio. I am a former Assistant States' Attorney General under Lee Fisher and Betty Montgomery. In my current capacity I am frequently attending trials and providing research or videos, working toward justice and the public good by focusing on Civil Rights Violations, Homicide, Police Abuse, and Mortgage Fraud. 2. Some of my work and research is reflected in the Dan Talbot Revere Police Murder Trial and in the Boston Herald Summary Judgment loss to Joanna Marinova on a Defamation case involving prison personnel, see generally: Dan Talbot: http://tinyurl.com/6xxq410 Marinova: http://tinyurl.com/6zjzzcc 3. I have experience in Police abuse cases, including a case in which two (2) Ohio officers were found to have made my client Michael Isreal a victim of violent crime, in Ohio Court of Claims #V96-614B1. I am familiar with the details of this case, most specifically through an RSA 91-A lawsuit captioned KingCast.net v. NH Attorney General, Town of Franconia and Chief Montminy, Grafton Superior 07-E-268; 5. In said litigation I obtained a copy of a Complaint issued by area Attorney Troy Watts in which he specifically stated that Defendant McKay was unethical because he "reneged" on a written plea arrangement and further stated "In the meantime, you should send this letter to your insurance carrier (Mullen) with a note that they brace themselves."

4.

6. The Town claimed it was not aware of any ethics complaint and it took the Town of Franconia approximately one (1) full year to produce this document even though it was faxed from the Town on 6 June, 2006. See the attachments as envelopes addressed to Defendants Montminy and McKay.

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7. In the course of said litigation I also obtained a video of Defendant McKay OC Spraying a young lady "Sarah" in which he moved to arrest her eventually OC Sprayed her without asking her to submit to any field sobriety tests; 8. In the course of said litigation I also obtained a copy of certain police pursuit and force policies and protocol from Defense Counsel Dan Mullen. The stated purpose of these particular policies was to help prevent any sort of violent response from a suspect or anyone in the immediate area. In pertinent part the policies in effect on 11 May 2007 read as follows:

Policy D: Pursuit Tactics: Officer shall not attempt to overtake a fleeing vehicle. Officers may not intentionally use their vehicle to bump or ram the suspect's vehicle in order to force the vehicle to stop or to be pushed into a ditch. Pursuit shall be immediately terminated in any of the following circumstances: The suspects identity has been established to the point that later apprehension can be accomplished, and there is no longer any need for immediate apprehension. 9. The OC Spray portion of the policies noted that

a) Warnings should be administered prior to use. b) It should not be administered in a situation where someone is Likely to feeL trapped. 10. I won the right to review the original dash camera video and in my review I noted that Defendant McKay violated all of the directives contemplated by paras. 8 and 9, supra. 11. The Littleton Courier expressly concurred in an April 2, 2008 story "Franconia settles suit with blogger," writing "Another item released to King was the department's vehicle pursuit policy, which McKay clearly violated in the car chase that led up to his death." (Attachment 1). 12. In November, 2000 Franconia EMT/Fire staffer George Whitcomb issued a written complaint to Defendant Montminy that was followed up to the Town Selectmen. It reads, in pertinent part that McKay was shining a bright light on him for no reason and wrote that McKay told him: "And I quote: If you ever touch my cruiser again you will be in more trouble than you can handle." Then he went south through the accident scene at a high rate of speed that was "totally uncalled for." Mr. Whitcomb was "curious why he was even at the scene as I don't recall hearing anyone involved ever calling for him. " Whitcomb in two letters noted that he was still 'in fear of Defendant Norman Bruce McKay and that he was "let down by the Franconia Police Department" (See attachment 2) one of two letters authored by Whitcomb.

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13.

Franconia Police Chief Harvey Flanders followed up:

1. "McKay needs to have a clear understanding of the proper protocoL at an automobile accident scene ... the commanding officer is in charge... per RSA 154:7

2. The Chief needs to be aware of the misrepresentation of facts in Officer McKay's Log and report. PLease see Officer McKay's log vs. Grafton County Dispatch radio Log which I have suppLied to you and the report referencing incident #00-558OF."
I have requested a meeting numerous times with you, Officer McKay, George Whitcomb and myseLf to discuss this event." cc: Town of Franconia SeLectmen

14. I aLso interviewed a woman who shall for the moment be identified only as "Ms. B," who holds a degree 'in Criminal Justice and who verified accounts in the Local newspapers that she issued a muLti page compLaint against Defendant McKay noting, inter aLia:
"He said my Lights weren't on but they were .... I was just trying to get to a lighted area but he was still upset with me, yelling at me because I didn't stop right away but it was snowing and cold and dark out." 'The knife was shaped like a penis, the top was I,ike a spade on a card." "What are you doing ...
1 asked

him 3 times."1

"He did NOT even try to unbuckle the seatbelt." "Bruce lied at the ALS appeal and said that 1 was not upset about the original arrest and the knife but the issue was never raised at that time because my lawyer thought it best not to antagonize the situation, and we won in front of Judge Cyr, who was obviously annoyed with McKay and told him "there's a quantum leap between probable cause and a DUI." "He said that I said regarding the DUI test, 'why don't I just BLOW; implying that I was being less than a lady, but (part-time Franconia officer) JoeL Peabody said I was a lady at aLL times." "I went to Chief Montminy directly with my concerns and he asked me to put them in writing so I wrote the 13-page compLaint, to which I never received any response. I told him my credentials include a BS in CriminaL Justice, a teaching certificate and being an eLected public commissioner."

1 The last audible words from Uko Kenney before the shootings were directed at Defendant Norman Bruce McKay as he screamed "what are you doing!"

"After the stop, but before I wrote the complaint McKay stopped us to scare us and he knew I was not driving because of my ALS and knew my daughter was driving because he saw us get in the car. I told my daughter 'don't roll down your window this guy is nuts..... and said to McKay, 'Bruce you know I wasn't driving you saw us get in the car. ....' "My husband was a police officer and his friends at the Attorney General's office suggested I write a complaint." "I recommended he be sent to a certified psychologist for cognitive testing for communication and control issues .. this couLd cause serious problems for officer McKay or Franconia ... "I said that ambiguity in policy and procedures makes Bruce McKay a dangerous person." "I said I am not writing to retaLiate and said this should serve as an instrument to warn Franconia of a dangerous situation." I said that consideration of assessment information as well as citizen reports should determine his ability to perform the duties of a law enforcement officer. 15. On information and belief, former Franconia and Sugar Hill Law Enforcement Officer Bradford Whipple went to Defendant TayLor with his concerns about Defendant McKay being a "danger to the town, to the department and to himseLf" approximateLy five (5) years prior to the tragedy on Route 116. 16. Wherefore I submit this affidavit in the interests of substantial justice.

FURTHER AFFIANT SA YETH NAUGHT.

) 'S,

CHRISTOPHER KING, J.D.

NOTARY PUBLI SWORN BEFORE ME THIS 14TH DAY OF DECEMBER. 2011 MY COMMISSION EXPIRES: _ _---"__..... _ _ _ __ _

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