IN THE SUPERIOR COURT

GRAFTON COUNTY, NEW HAMPSHIRE

EQUITY DIVISION

KINGCAST.NET, )
BY AND THROUGH
CHRISTOPHER KING, J.D. ) CASE NO.____________________
15 Beasom Street
Nashua, New Hampshire 03064 ) JUDGE:______________________
603.438.8017m
)
Plaintiff,
)
v.
)
NH ATTORNEY GENERAL
KELLY AYOTTE )
33 Capitol Street
Concord, NH 03301 )

and )

TOWN OF FRANCONIA, )
P.O. Box 900
Franconia, New Hampshire 03580 )

and )

FRANCONIA POLICE CHIEF )

MARK MONTMINY,
P.O. Box 900 )
Franconia, New Hampshire 03580
In his official and individual capacity, )

Defendants. )

MOTION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

Now comes Plaintiff pro se, pursuant to RSA 91-A, the Freedom of Information Act, the
First Amendment to the Unites States Constitution and any and all applicable decisional law, to
posit this Motion for Declaratory Judgment and Injunctive Relief.

Respectfully submitted,

________________________
Christopher King, J.D.
Plaintiff pro se
I. Introduction.

Plaintiff brings this Action for Declaratory Judgment, Injunctive Relief, costs and sanctions
against several Defendants relative to a 11 May, 2007 double homicide case in Franconia, New
Hamsphire involving Liko Kenney, Caleb Macaulay, Bruce McKay, Gregory P. Floyd and
Gregory W. Floyd pursuant to New Hampshire Right-to-Know Statute, RSA 91-A, and any and
all relevant case law as noted in Section IV, Law and Argument.

II. The Parties.

Plaintiff has been a New Hampshire resident since 2002 who operates a law-related blog, or
"blawg" and a video podcast site called KingCast.net, and has done so for the past two (2) years.
While it is a personal-interest blawg a constant theme on that blawg is government accountability
and First Amendment issues, beginning with his very first post which addressed the sneek’n’peek
provisions of the Patriot Act, which has since been repealed. He has successfully litigated against
NH AG Kelly Ayotte on prior occasion, he has served as an Ohio AAG for four (4) years. Along
with Nashua Alderman Fred Teeboom and others, hes uccessfully lobbied to make the Nashua
School Board radically change its First Amendment Policy earlier this year after he drafted a
lawsuit and emailed it to the Board and Teeboom offered to fund the court costs. Attachment 1.

Defendant Kelly Ayotte is and was at all points in time the highest law enforcement officer of
the State of New Hampshire. She has written Plaintiff extolling the virtues of RSA 91-A on prior
occasion, earlier this year. Attachment ___. She was charged with the duty of conducting a full
and thorough investigation of all the facts and issues in the 5/11 tragedy. She is further charged
with the affirmative duty not to materially misrepresent any aspect of that investigation to another
attorney, the media or the general public. She is being sued primarily for failing to provide the
entire investigative files for public viewing online, after having materially misled at least one
other attorney, the media and the general public and after waiving privilege by posting a summary
of the investigation online. She is also being sued for several ancillary matters, the most
significant of which is her evasive response to Plaintiff’s request for a copy of any and all emails
in her office bearing the names “Liko Kenney” or “Bruce McKay,” which should be readily
retrievable through Microsoft Outlook or other similar email management program.
Defendant Montminy is and was at all relevant points in time the Chief of Police of Franconia,
New Hampshire. He is being sued in his official and individual capacity for failing to turn over
certain public records as shall be delineated in Section IV, Law and Argument.

Defendant Franconia Board of Selectmen is a duly-chartered entity subject to suit under RSA
91-A for failure to adhere to the letter and spirit of said statute. The Board is being sued for
failing to turn over certain public records as shall be delineated in Section III, Facts and Relevant
Background.[Note: The Board may not be sued if the 150+ responses have not been delivered to
them yet. There is some confusion over this]

III. RELEVANT FACTS AND BACKGROUND

A. The Unconstitutional Fox Hill Park Arrests of 2003 and Public Comment
on Bruce McKay’s demeanor.

In December 2002 and January of 2003 there were a series of Unconstitutional arrests at
the trailhead of Franconia’s Fox Hill Park. The arresting officers’ modus operandi each time was
essentially similar, i.e. pull up and turn on the cruiser bar lights and/or blocking in the suspect’s
vehicle with the cruiser before or without substantiating any probable cause. Attachment ___.
Public Defendant James T. Brooks, with whom the undersigned has spoken, verified that
he did author a Motion to Suppress that was used in three (3) such cases, with successful results
each time, over the objection of one Bruce McKay.
The cases of State v. Nathan Wright 03-CR-109 and State v. William Miller 03-CR-012,
013, 029 were summarily dismissed by Littleton Municipal Court Judge Peter Cyr finding Civil
Rights violations, specifically an Unconstitutional search and seizure under the Fourth
Amendment. Attachment___
Liko Kenney’s case State v. Kenney 03-CR-197was dismissed by Officer Stephens before
the Court ruled on it, but not before a ten (10) week delay in providing the arrest report to
Attorney Brooks. Attachment ___
The exact same modus operandi was employed by the arresting officers which included
in some fashion using the patrol car to impede or deny egress from the area and lighting up the
vehicle with both the Patrol Car head lights and bar-mounted taken down lights. Attachment___.

Despite that, and in spite of the fact that Liko told McKay:
20:48:00 "You don't have the right to keep me here without a good reason."
He was taken down -- hard at the direction of McKay -- who instructed the responding officers to
cut their sirens for some reason.

Significantly, the driver and passengers in the Wright/Miller cases were smoking marijuana and
sending odiferous plumes into the night air as one’s olfactory senses would indicate on close up,
whereas Mr. Kenney was not. He was merely resting in his mother’s car, and that is why the
possession charges against him were nol-prossed before Judge Cyr could get to it because that
would have been a horrible result for the town: A use of force on an Unconstitutional arrest.

It bears noting at this time that seven (7) weeks have passed since KingCast requested any
documentation supporting McKay contention that Fox Hill Parks was a “suspicious place,” and as
we shall see in the Public Policy Section of this Motion, a local resident Jeffery Jesseman has
written Franconia Selectmen and Chief Montminy to demand an explanation because his property
abuts Fox Hill Park, yet he was not given any notice of any alleged dangers lurking therein.
Attachment___.

Moreover, KingCast has not received the police report or use-of-force report from 2003 arrest of
Liko Kenney and it appears that no one will ever see those reports. What KingCast cameras DID
see, however, in our tour of Franconia is this rather unflattering portrait of Bruce McKay:

"I hate to say it, but McKay walked around here like he was King Shit of the
neighborhood.... [effin'] with people he didn't like...... and Liko showed him he
wasn't."
and
"I always figured he would find [Officer McKay] dead by the side of the road... and if
it wasn’t Liko it would have been someone else."

And as noted by the 15 August 2007 Concord Monitor McKay terrorized a complaining party
in the backseat of his squad car:

“Without explaining what he was doing, McKay then used a knife to cut the cruiser's
seat belt off, near the woman's abdomen. "I was TERRORIZED," the woman wrote in
her complaint to Montminy.”

She received absolutely no response.

B. Missing documents and cruiser transcript evaluation.

A complete copy of the 2003 Fox Hill episode with a chain of custody intact from the Attorney
General’s office to the undersigned litigant has been filed with the Court at Appendix____ and the
Court will find any transcriptions posited in writing in this Motion to be accurate.

That having been said, Plaintiff respectfully asks this Honorable Court to consider that more than
six (6) weeks have elapsed since 2 July 2007 when the original KingCast request for supporting
documentation that would tend to prove that Bruce McKay had any factual basis for his statement
to Liko Kenney at the outset of the arrest that he was “in a suspicious place at a suspicious time.”

Franconia initially attempted to charge overtime for the request and has produced nothing.
Attachment___ In the meantime Plaintiff himself acquired the rulings noted above from Judge
Cyr in Littleton District Court.

Liko was taken to the ground by three (3) grown men with guns, and Bruce McKay indicates that
there will be a civilian complaint, however the use-of-force report from that incident remains
missing. See correspondence file between KingCast and Franconia town and legal officials.
Attachment Id.

Curiously, McKay claims that he told Liko Kenney his name as noted at pdf file page____.
However Liko is heard asking his name and continues to address him as “this or that officer” after
more law enforcement personnel appear so it would seem that McKay never did identify himself
to Liko, which is part of the requested injunctive relief sought by this litigant.

The following are almost 100% accurate transcripts of the 2003 cruiser video as provided to the
Court which includes an interior discussion heretofore unseen by most of the Free World.

20:48:00 "You don't have the right to keep me here without a good reason."

At 20:54:30: "I am requesting police assistance... You're torturing me... why are you
harassing me? Can't you go arrest a drunk at a bar or something?"

Approx 20:55:00 "Get back in your fucking car," says McKay..... "Maybe you need to go back
to school......" "You're in a suspicious place at a suspicious time.”

At 21:00:00
"Get on your knees."
"What are you going to kill me?"
"You're going into a cruiser."
"Why, what have I done?"
"I don't know."

21:04:01 - "You can't pull people off the street and put them in handcuffs and drive them around
for no reason." [comports with Judge Cyr’s ruling].

21:05:46 - "I was sitting in my car resting beforedriving home and now you've done this to me for
no reason." [comports with Judge Cyr’s ruling].

21:11:20"You're resisting arrest.""I'm resisting torture. You punched me in the face you hurt my
injured neck you hurt both of my arms you hurt both of my legs all because I asked you a
question." "You grabbed my testicles, correct?""I grabbed your testicles, hell no."[McKay laughs,
does not say 'yes you did.']""You threw me to the ground and put your testicles in my face you
fucking faggot."

21:15:00 - "Why am I in handcuffs?" "[Officer Cox or Ball] Because you resisted arrest." "Why
was I being arrested, why?" "[Officer Cox or Ball] I don'tunderstand what the original offense
was." "That'sbecause there is no original offense." [comports with Judge Cyr’s ruling].

21:15:30 - "He punched me in the face and you and him both saw him punch me in the face and
you both are saying he didn't. I'm being beat up IN HANDCUFFS by 3 adult armed men who all
have guns and I have NOTHING."

21:______ – “I am a mental health patient.”

With all due respect the Court should realize that such is now the mind frame in which Liko
Kenney spent the last four (4) years of his life: That of being subjected to an Unconstitutional
beat down by Bruce McKay, a man with a gun and a badge and whose full personnel file the town
of Franconia is assiduously trying to hide, in direct contravention to developing case law in New
Hampshire and well-established Statutory and Decisional Case law in other Jurisdictions, as shall
be noted in Section IV, Law and Argument, infra.
C. NH AG Kelly Ayotte’s affirmative misrepresentations, Franconia Policy and the
2007 Arrest using deadly force and OC spray.

i. The 15 May 2005 email from Defendant Ayotte to Attorney X.

At the outset it is crucial to note the presence of a certain email that Attorney H.B.
forwarded to Plaintiff in June, 2007. It appears in its annotated form at Attachment ___ and
contains material misrepresentations and very questionable shading by Attorney Ayotte to
Attorney H.B., himself a former Assistant Attorney General. This is crucial because Defendant
Ayotte still has not provided the email and correspondence file between her office and Attorney
X, which is now ripe for Declaratory Judgment. In her email, she represents:
“First of all, there was no Court Order even mentioning that Corporal McKay could not
stop Liko Kenney or had to seek other officers assistance.” That’s a very slippery statement
because there was a Court Order from the 2003 plead/conviction that specifically Ordered Liko:

“No indirect or direct contact with Bruce McKay.”

So while that was a probationary sentence it certainly gave Liko the right to request another
officer during his probation, and it is further underscored by the fact that many other people in
Franconia were similarly afraid of Bruce McKay and either did or would have taken similar
action. In a blawg response to a legitimately concerned poster who has been following this matter,
the undersigned litigant wrote, on 18 August 2007
“You should have seen Sam Stephenson describe it to us in his interview.
Whrrrr...click! He made the sound so awesome when he described how his brother Tim
would do it.And Ms. B told her daughter "Look, don't roll your window down, this guy
is nuts."Liko rolled his window down and look what happened. A plume of mace to the
face in violation of town policy.And Ms. B told me "if I had ever got stopped by McKay
again I would call 911 and take my chances running to Littleton."
That is crucial information because it is now a matter of public record (and she directly told this
litigant) that she filed a 13-page complaint alleging that Bruce McKay brandished a large, penis-
shaped knife near her privates without any reason, cutting her seatbelt off with it even though he
never tried to use the clasp first.
Furthermore, in her email to Attorney X, she represents that “the witness statements were all
consistent in describing Mr. Floyd’s actions (including the passenger in Mr. Kenney’s car).”

They are not. To wit:

a) Floyd as having spoken with Liko or Caleb, as claimed in the curiously
unsigned yet official report at p. 7:

"He told the driver to stop. He said to the driver "Stop." Put it down or you're gonna die;" and
"Leave it alone you know you want to live." He told the driver whatever came into his mind.....
Note: This reads just a bit like a Fairy Tale to the undersigned’s evaluation because it is:

Here's another Floyd Statement:

Pp. 867-868 of the PDF file.

A: "[T]his guy's trying to load and this guy's all mixed up or whatever so I kinda lean my elbow
into his adam's apple and just shoot the other guy."
Q: "So you actually put the gun inside the window I mean is the window open?
A: "Oh yah the window was open."
Q: "Now I just want to clarify were you actually touching the passenger?"
A: "Yah... I was trying to stretch my hand in there and make sure [Caleb] stayed back."

But that’s not what Caleb said:

Marshall: Was your window rolled down?
Caleb: No, my window was shattered, Sir.
Marshall: He shot through the window?
Caleb: Shot through the window.

But let's address the statements from Floyd himself and the other two witnesses -- which are
definitely NOT consistent with that:

First there is the bullet through Liko's windshield "on bottom edge close to center." per p. 587 that
was "recovered,” from inside the car. But the Official report does not address that fact other than
as a narrative comment because that would ruin the entire notion that Floyd spoke before
shooting.
Here is what Gregory W. Floyd said:

Page 20/1,000:
"Did you say anything before you fired?"
"No, I didn't"

Here is what Caleb Macaulay said:

Page 11 of official report: "

The man said nothing before he fired."

Here is what Junior Floyd said:

[91-A pdf page 745]

"They had stopped in front of his arm the first time. They didn't actually hit the officer. Then
they backed up to here and at that time my dad got out and tried to pull him to prevent him
from running him over again" [KingCast says wait a minute: Run him over again??? There was
absolutely nothing to keep Liko from running McKay over the first time -- but he didn't. Liko was
just trying to get the hell out of there.] They backed up to here and the car went rushing
forward and my dad shot at the driver and it hit him and made him stop. The front end of the
car ended up over the officer's chest."

The undersigned litigant does not see where there was any room for dialogue in this sequence

b) The second shot through Caleb Macaulay's open or closed window.

Petitioner restates all previous allegations as incorporated herein and states further:
Caleb:
Page 672: "No, no, it was just - it was just pepper spray right away."

Page 700: "When I saw that gun I went down like this and that's all I saw and if I did not do that I
wouldn't be, I wouldn't be here today."

Page 701: "He did, did he say anything?" "He said nothing. He started shooting." Of course later
in the interview Caleb is picking glass shards out of his scalp.

And of course, watch the video. Caleb's window is CLEARLY up, and the official report clearly
notes at p. 26

"The passenger side widow was in the fully up position but the glass was in fragments."

In fact the Court can clearly see Caleb's window up at 19:15:37 as the Tahoe ramming starts, and
see that both of Liko's hands are in the air in a classic "Stop it, panic" gesture and Caleb's window
is still clearly up as they roll out of view at 19:16:32.

If the window is closed Floyd and Liko certainly were not having much of a conversation.

c) It gets worse. Here is p. 42 of the Official Report:

"Floyd was unarmed at the time he witnessed Liko Kenney shoot Cpl. McKay and then strike
Cpl. McKay with his vehicle."

No he wasn't.

What Defendant Ayotte said is entirely inconsistent with the contents of her own investigative
files. Plaintiff explains, using Caleb at p. 682-687 and Gregory W. Floyd's own son at 91-A pdf
page 745:

Caleb noted at p.682 “I saw him pick it up from his hand” (saw Floyd pick up McKay’s gun
from his hand) and at p. 684 “He had picked up the gun, aimed it and Liko went like that….”
KingCast submits that Floyd did more than aim it, he shot it, and that is the windshield bullet that
the Official Report declines to address. Once Liko knew someone was shooting at him gosh only
knows WHAT went through his mind in the last seconds before his death. Floyd took a bad
situation and made it worse.

“That guy I thought pretty much had the gun pointed at us before we even got on the road."
RSA 91-A file p. 687
Then there is the matter of the Grafton Dispatch narrative at pp 382 and 391:
“One bald man standing over officer with gun,”
and
“Bald-headed man with a pistol standing over the officer.”

That certainly is consistent with what Caleb said because it is likely that the witnesses saw this
after Liko shot McKay and before they got pulled back and out from next to the gigantic front-
loader that McKay has pushed them back next to. Please see the McKay tyre tracks.
Attachment__

Floyd Jr.: "They had stopped in front of his arm the first time. They didn't actually hit the
officer. Then they backed up to here and at that time my dad got out and tried to pull him to
prevent him from running him over again" [KingCast says wait a minute: Run him over
again??? There was absolutely nothing to keep Liko from running McKay over the first time --
but he didn't. Liko was just trying to get the heck out of there and Floyd made a bad situation
worse.] They backed up to here and the car went rushing forward and my dad shot at the
driver and it hit him and made him stop. The front end of the car ended up over the
officer's chest."

Defendant Ayotte cannot get away from that material inconsistency and that is all the more reason
why the entire files have to be hosted online.
d) The representation that Liko Kenney murdered Bruce Mckay.

This Court and the undersigned litigant are well aware of the statutory and decisional case law on
what constitutes murder. Unfortunately for Defendant Ayotte, Liko Kenney’s state of mind, as
witnessed by the passenger in his car who allegedly supports the State’s position was as follows:

"Just to see the fear in his eyes, how scared, he was, he wanted nothing to do with this
and it turned out so bad in both ways," said Caleb Macaulay, who was in the
passenger seat when Liko Kenney's shot Cpl. McKay four times and then ran him over
Friday night. "He was a great kid, he really was, we were just trying to get home. I've
never seen him so scared in his life."
The video is available at:
http://wbztv.com/local/local_story_134194214.html
Clearly Liko Kenney, who telephoned three times for help at 6:05, 6:06 and 6:07, (Official Report
p. 27) and who motioned for McKay to meet him at Tamarack (where McKay had no problem
often driving by and high-beaming his parent’s house) was not of a mind to shoot McKay – until
he got his car rammed back about 50 feet (the undersigned paced the area and that is about
how far it was) and then OC Sprayed to the face without any comment or directive. That’s
terrifying. And frankly now that the undersigned litigant knows Caleb Macualay and the facts of
this case and the facts about Bruce McKay over the years he cannot watch this video anymore
because it is too disturbing.

Plaintiff has provided this Honorable Court an actual video copy of the events of 2007 with a
chain of custody verified inasmuch as it can be after it reached the undersigned litigant at
Appendix ____ In addition, there is a reduction and summary, using exact quotes and identifying
page numbers, of the events of 11 May 2007 at Appendix ____

http://christopher-king.blogspot.com/2007/07/kingcast-says-hey-kelly-heres-your-hero.html

There is a short version of the shooting time itself, at Appendix____

http://christopher-king.blogspot.com/2007/06/kingcast-presents-short-version-of-2007.html

The most important thing for this Honorable Court to consider is that Defendant Ayotte
intentionally misrepresented the material aspects of this case to the general public as noted in this
Boston Globe story and as noted in the email to Attorney X at seen at Appendix____

http://christopher-king.blogspot.com/2007/07/kingcast-presents-res-ipsa-part-one-nh.html

Let us keep in mind that in the course of the past several years, according to neighbor Connie
McKenzie, as recounted in John Sedgwick’s August, 2007 Boston Magazine feature piece
“Collision Course” Bruce McKay would drive his cruiser onto the Kenney property, fully a ¼
mile off the road and in another jurisdiction, to shine his high beams on the cabin in the
evening, knowing that Liko was highly emotional and a mental health patient. The undersigned
litigant in this Verified Complaint did discuss that with Ms. McKenzie after she telephoned him in
May or early June. Attachment____
Let us keep in mind that Liko knew that McKay had scared Tim Stephenson out of town with the
admonition that he would do whatever it takes to get him out of town. Attachment____

Let us further keep in mind that just prior to 11 May 2007 McKay traveled to a hearing in which
he had no role whatsoever, and told Liko the same thing.

And Let us further keep in mind the use-of-deadly vehicular force guidelines for Franconia and
the use of Pepper spray guidelines reported thusly:

"The department's pursuit policy, allows officers to bump a vehicle off the road, but only at low
speeds when the officer has been trained and is in a situation that warrants the use of deadly
force." Concord Monitor, _________[Attachment___]

However Liko Kenney was already off the road when McKay rammed his little Toyota with the
5,500lb Police Tahoe.

"The force policy also says officers should allow innocent bystanders to evacuate before
using pepper spray and to reconsider if the target subject is emotionally desperate. When
McKay sprayed Kenney, Kenney had a passenger in his car who was not under arrest.
And McKay knew Kenney had a gun and had reacted emotionally desperate during their
2003 interaction."

The policies also warn against using pepper spray on someone who feels trapped
because the person may react with violence toward others or kill himself."

Appendix___

The record reflects that McKay violated the standards on several counts as he knew Caleb
was in the car and did not even once ask him to evacuate, he used pepper spray on someone
who is clearly an emotional person who felt trapped because he was pushed 40-50 feet in
total from the first “boom smash” as Caleb described it at p. 662:

Marshall: "It wasn't like boom smash, he drove up."

Caleb: "Well the first one was like a boom smash."
ii. On Route 116:

On 11 May 2007 one of Liko’s cars was past its grace period for inspection/registration, so Bruce
McKay pulled him over. On information and belief, these two men were not to have any contact
unless absolutely necessary.

As such, Liko requested another officer, and Bruce McKay, who knew that Liko was a mental
health patient from their 2003 encounter, called for another officer but DID NOT inform Liko that
he would do so and DID NOT inform Liko why he was pulling him over. He only told Liko that
he did not have that option.

Over the course of the past several years, McKay would pull his cruiser deep into the Kenney
property to shine his lights on the family house. The neighbor who tried to revive McKay from
her lawn said she could “set her clock by it.” Alas, Liko lived in Easton and not Franconia (where
McKay was employed) and that house is set off from the road approximately a quarter-mile.

Liko telephoned a family member 3 times but did not reach anyone, so according to Caleb
Macaulay he left for Tamarack Tennis Camp, just down the road, which his family owns and
where he lived, to get some witnesses.

He was not driving fast and was wearing his seatbelt, as he was when he died a few moments
later. Please review the taped interview of witness Susan Thompson at Appendix ___

"The grey car was not going fast. I thought [McKay] was trying to get around it [for
something else]. He made several movements (her daughter called it a "10-point turn"
in her interview) to come nose to nose now facing north.... [McKay] pushed him and
kept pushing him down (into the gravel area) dirt flew back the police car pushed him
so strongly and just kept pushing and pushing and pushing until the grey car was
beyond my view."

iii. In the McKenzie cut-away lot.

Caleb and Liko petitioned Gregory W. Floyd to stay around as witnesses and Caleb said that he
thought he had made eye contact but Floyd did nothing at the time. Appendix__ citing to p. ___.

As we know, McKay then used his Tahoe, a 5,550lb tool of deadly force, to bash Liko’s little
Toyota back. Please see the side view and rear view pictures showing part of the ruts from
McKay spinning his tyres as he pushed the young men back out of view near the front-end loader.
Careful viewing reveals Liko with both hands raised to his head, palms out in a gesture
commonly recognized as being scared and confused.

When being questioned Caleb Macaulay makes it clear that it was a substantial slam for a
vehicular registration issue at p. 662:

Marshall: "It wasn't like boom smash, he drove up."

Caleb: "Well the first one was like a boom smash."

Next McKay alighted from his vehicle and without saying a single word or issuing any command
or directive, empties a can of OC Spray into Liko’s face and front passenger compartment. Liko’s
head does not move the entire time and he appears to be in shock.

A reporting officer noted that Liko’s whole face was discoloured because of the sheer amount of
pepper spray, a fact that NH AG Kelly Ayotte’s apparently unsigned official report as the autopsy
fails to disclose. See RSA 91-A p. 455. Officer Blanchard says "he had a brown complexion all
over (emphasis added) his face and part of his neck."

***********

This is where the bullet in Liko’s windshield becomes of paramount importance, especially
because NH AG Kelly Ayotte’s official report fails to address that bullet in ANY substantive
detail, nor does it substantively address the two bullets that Gregory Floyd shot that ended up in a
toolbox and through the window of the Mckenzie home as noted at pp. 26-27. It should be noted
that Ms. McKenzie, who has telephoned the undersigned litigant, was quoted in an ABC News
story that even she was scared of McKay as follows:

“People didn't trust Bruce McKay and they didn't like him. Heck I was afraid of him.
You know when a police officer gets shot, it's a big deal. I understand that, but I want
people to know that we loved that boy Liko. He was our native son. I don't want him to
go down as just a cop killer. He was full of life and articulate and funny."

Floyd undoubtedly rained the first shot down on Liko’s windshield as the effects of the pepper
spray begin to take hold as Liko pulled out of the lot. See bullet holes at Attachment ___.

Again, as previously-noted, at that point, according to Gregory P. Floyd, Liko DID NOT strike
the fallen McKay with his car, but rather stopped and backed up, then began driving forward,
probably to get to Tamarack WITHOUT running McKay over. Here is EXACTLY what Gregory
P. Floyd said at 91-A pdf page 745]

"They had stopped in front of his arm the first time. They didn't actually hit the officer. Then
they backed up to here and at that time my dad got out and tried to pull him to prevent him
from running him over again" [KingCast says wait a minute: Run him over again??? There was
absolutely nothing to keep Liko from running McKay over the first time -- but he didn't. Liko was
just trying to get out of there.]
They backed up to here and the car went rushing forward and my dad shot at the driver and it
hit him and made him stop. The front end of the car ended up over the officer's chest."

His comments were supported by Caleb Macaulay, as will be noted over the next two pages.

In fact, the ONLY person who claimed that Liko ran over McKay before a shot was fired at his
car is Gregory W. Floyd, but as far as his credibility, let’s start with his criminal background for
PCP sales/production and his attempted assault of an officer by kneeing him in the groin.
Investigative files at pp._____

Moving on from there It should be noted that Floyd told Sam Stephenson that he had done three
(3) tours of Vietnam, which is impossible at 49 years of age. Sam Stephenson’s audio interview,
and two others, were not provided until the undersigned litigant issued the Ethics Complaint seen
at Attachment___.1

Next we come to the shots fired through the Caleb Macaulay’s allegedly open passenger window
and the discussion that Floyd claimed to have had with Liko as he "He told the driver to stop. He
said to the driver "Stop." Put it down or you're gonna die;" and "Leave it alone you know you
want to live." He told the driver whatever came into his mind.....

With all due respect, that reads like a Fairy Tale because it is:

1
As an aside, in June, 2007 Sam Stephenson, in person, told the undersigned litigant all about McKay
hassling his brother Tim Stephenson with all matter of charges on which Tim prevailed, and of course Tim
Stephenson sued Mckay after McKay allegedly told him he would do “whatever it takes” to get him out of
town, while caressing his service pistol.
Again, First of all, Floyd likely said nothing before firing the first shot through the windshield,
and if he did how would Liko have heard it?

Second, that window was closed when Floyd shot through it because we know that even the
official report notes that the “passenger side window was in the fully up position but the glass
was in fragments.” Official report at p. 26.

We also know that the window was clearly up when the car left our view at _____ of the video
and we know that Liko did not get any shots off after he shot McKay and there has never been
any contention that Liko shot the window. This Court may clearly see Caleb's window up at
19:15:37 as the Tahoe ramming starts, you then see both of Liko's hands in the air in a classic
panic gesture and Caleb's window is still clearly up as they roll out of view at 19:16:32. Appendix
___.

Lastly, we know at p. 684 of the pdf. Files that Caleb Macaulay is picking glass shards off the
nape of his neck and scalp so obviously Floyd shot through the window, which entirely
compromises his credibility.

Caleb was very clear that neither McKay nor Floyd said ANYTHING prior to emptying pepper
spray or bullets toward Liko at p. 11 of the Official Report:

“The man said nothing before he fired.”

Last but definitely not least (and perhaps most significantly, Floyd tells us at p.20 of another of
the pdf. Files that he didn’t say a word before shooting.

Sgt. West: All right, so and did you say anything to, before you fired?

Greg Floyd: No I didn’t.

Only much later in his statement does Floyd claim that he spoke with Liko prior to shooting.

That is significant because Caleb noted at p.682 “I saw him pick it up from his hand” (saw
Floyd pick up McKay’s gun from his hand) and at p. 684 “He had picked up the gun, aimed it
and Liko went like that….”

KingCast submits that Floyd did more than aim it, he shot it, and that is the windshield bullet that
the Official Report declines to address. Once Liko knew someone was shooting at him gosh only
knows WHAT went through his mind in the last seconds before his death. Floyd took a bad
situation and made it worse.

“That guy I thought pretty much had the gun pointed at us before we even got on the road."
RSA 91-A file p. 687

And lastly, Floyd was still pointing the gun at Caleb long after Caleb had alighted from the car
and was known not to be armed or dangerous and this is important because the government has
redacted that portion of a relevant document, whereas other WAV files on that same page were
NOT redacted. To quote:

“He’s still standing, he has a, has the pistol in his hand pointing it at someone….” Attachment___

Firefighter Stan Sherburn saw it as well, and mentioned Floyd was “running around with a gun”
at pdf p. 981. Id.

Interestingly, Floyd told Caleb to pick up Liko’s gun, which would have undoubtedly resulted in
Floyd shooting Caleb, so he wisely declined to do so as Floyd threatened to “blow his fucking
face off.” [citation to record]

This Court, but more importantly the citizens of the State of New Hampshire who enjoy the
Right-to-Know these things, could find that Floyd’s activities constitute murder or criminal
menacing, especially given Floyd’s mysteriously dismissed charges for threatening a meter reader
and then his negotiated plea to avoid jail time after he kneed a police officer in the groin when
they came to investigate. See Attachment ____.

And what did he say about the police and the meter reader?

"If that pussy comes back or if I see him again I'll kill him..... I know you wear vests so I
would have put it right between your eyes. I was sitting right on my ruger..... (then to his son)
look at the fucking pigs, aren't they big men?"

And what did Chief Robert Every say about Floyd that Defendant Ayotte doesn’t want online?
"All of us have made mistakes in our lives; in Mr. Floyd's case the behavior extends beyond a
mistake; there is a pattern, a pattern of past violence, paranoid behavior and excessive anger.
While no one can predict the future, I feel Mr. Floyd is capable of showing up at Lafayette
Elementary School or at a neighbor's house with an automatic weapon and that the
danger to the public safety far outweighs the minimal intrusion a check of his premises for
automatic weapons would represent."

In the search, they did not find automatic weapons but they did uncover a small arsenal as noted
at Attachment____.

They also discovered that he had unlawful registration of his pickup truck, as it was registered
regular and handicapped. By his lightning-fast movements of 5/11 to get ready to shoot Liko –
from the front, at the windshield -- it is hard to consider him too disabled, however.

iv. Overview and summation.

The preceding paragraphs use the credible, yet hidden statements from the State’s own files to
reach a dramatically different conclusion than that reached by NH AG Kelly Ayotte. It is entirely
possible that Liko Kenney was just trying to get home and when he heard that bullet rain into the
windscreen, he lost control of his car struck McKay and started trying to unjam his weapon -- if
indeed he ever tried to do that before Floyd shot him. Remember, we cannot exactly trust the
word of Mr. Floyd, but we do know that his first story was that he DID NOT say anything to
Liko. Why wouldn’t NH AG Kelly Ayotte take the most contemporaneous version of Floyd’s
statement as truth, instead of what he said later when he’s had time to think more about covering
his tracks, especially because what he said at first is corroborated by Caleb and the forensic
evidence, i.e. an inward bullet hole and the shattered glass of Caleb’s window?

Could Floyd’s actions have muddied the waters and possibly constituted murder? Reckless
endangerment of Caleb Macaulay? Criminal menacing? Of course it’s possible, but by omitting
all of the facts this Motion has just set forth, NH AG Kelly Ayotte neatly avoids addressing that
possibility, which is a shame considering not only Floyd’s history with weapons, but his current
behaviour which includes “laughing” and saying “I shot him real good,” and at p. 456 he boast
about killing Liko: “I’m fine. That was the 43rd person I’ve killed, I’m fine. Attorney Ayotte
admits that she conducted no inquiry into truth or legality or illegality these 43 kills. Attach__.
Said Caleb:
"He was laughing and stuff." The guy was very, very it was almost like crazed.... page 697 "and
he kept, like, 'Oh I shot him good and stuff like that....'"

Floyd is clearly a Man with Issues, and for NH AG Kelly Ayotte to give him a total pass on all
possible criminal charges in one day (see Attachment ___) is repulsive to our notions of Fair Play
and substantial Justice, particularly in light of the material facts that her official report handily
excludes.

As such, and as shall be developed in the Law and Argument Section, she must be compelled to
place the entire set of media materials online because offering the public to come in and view
them violates the letter and spirit of RSA 91-A. See correspondence with John P. at Atttachment
___.2

2
It should be noted that the State failed to produce all of the emails between them and John P.,
because they left out the one from 7 July in which he wrote:
Date: Sat, 7 Jul 2007 11:57:01 -0400
From: "John D. **********"
To: kelly.ayotte@doj.gov
Subject: 5/11 FRANCONIA - RIGHT TO KNOW
CC: governorlynch@nh.gov, mailbox@gregg.senate.gov, mailbox@sununu.senate.gov,
kingjurisdoctor@yahoo.com

THE BELOW HAS BEEN SENT TO YOUR OFFICE THREE TIMES SINCE JUNE 29th AND
AS OF YET I HAVE RECEIVED NO RESPONSE....

The undersigned litigant knows this because John bcc’d him on it, it is in his files already but of
course as a matter of Law that in no way obviates NH AG Kelly Ayotte’s duty to provide me a
copy of it, and it was simple to find using Microsoft Outlook or ANY contemporary email system
by using a simple word search.

Now this is key because the law and argument section will address the request for any and all
emails bearing the names Liko Kenney or Bruce McKay. If we cannot trust the AG’s to give us
the emails between John P. and their office, how can we trust that they will do the right thing with
the other emails.

Plaintiff will be requesting the data recovery company of his choice to review the hard drives
given their abhorrent track record in this instance. The Franconia Collective will also approach
for a United States Congressional investigation and International support using this very Motion.
IV. LAW and ARGUMENT

Decisional and Statutory Law on Each Request.

A. Bruce McKay's personnel file in all of its component parts, i.e. performance reviews and
annual evaluations/citizen complaints and responses/personnel matters that may reflect on his
capacity to perform as a peace officer. New Hampshire NH Right-to-Know experts point out that
this law is unsettled in New Hampshire, and therefore Plaintiff provides a proscriptive model that
could be used at Appendix ___.
Defendant by and through Selectman Administrative Assistant Sally Small wrote on 3
July 2007: “The documents you are requesting are exempt from disclosure pursuant to RSA 91-A.
The documents in Corporal McKay’s files are all personnel related and fall into the category of
personnel records. Therefore, the records will not be disclosed to you because of the reasons I
have just mentioned.”
. The requested documents in this case that Plaintiff wishes to make public are primarily
any documents that reflect complaints against McKay, compliments, disciplinary actions (vis a
vis the absence thereof), any physical, mental or emotional issues that may affect his ability to
perform the functions of a police officer, and any other acts or concerns that might cast doubt on
his ability to successfully function as a police officer.
The general trend is toward more, not less disclosure and the particular facts of this case
militate in favor of full disclosure, which according to ___ is done on a case-by-case basis.
Plaintiff’s analysis begins with the obvious presumption in favor of disclosure of public records
from Union Leader v. City of Nashua [citation] “To advance the purposes of the Right-to-Know
Law, we construe provisions favoring disclosure broadly and exemptions narrowly. See, e.g.,
Fenniman, 136 N.H. at 626, 620 A.2d at 1040; Herron v. Northwood, 111 N.H. 324, 326, 282
A.2d 661, 663 (1971). The balancing test in this case between the public’s Right-to-Know and
the nature of the requested document or material and its relationship to the basic purpose of the
Right-to-Know Law.

In this case the purpose of the Right-to-Know law is to determine whether a man paid
with taxpayer monies who carriers a gun and who wears a badge was a dangerous
instrumentality, and if so, whether the town of Franconia knew about it and what steps they
took or failed to take to address it.
At the outset, as noted by a Concord Monitor editorial in favor of production of the 2007
video, Bruce McKay is dead, so it becomes difficult to imagine his privacy rights being violated,
but Plaintiff does not place reliance on that fact alone. It is far more germane to know, for
example, that he allegedly misused a knife with a handcuffed woman in the back of his squad car,
and that we have no record of punishment for that. It is far more germane to see that he violated
policy on use of force and OC Spray and that even his peers have warned him and notified Chief
Montminy of his hostile tendencies. As such, there should be virtually NOTHING in his file that
should not be subject to public review excepting medical information about his daughter or things
of that nature, which Plaintiff in most assuredly not seeking.
Lastly, when the Union Leader Court held that the requested materials must be produced,
the person claiming the privacy interest was a public citizen, unlike Bruce McKay. Bruce McKay
was a public police officer, and there is no privacy interest in a police officer’s public
performance.
Moving on to NH Civil Liberties Union v. City of Manchester [citation] the court granted
access to photographs of private citizens who were photographed by police but not arrested. We
find a tripartite test employed in that case that when applied to this case will prompt a similar
result in release of the materials.

First, we evaluate whether there is a privacy interest at stake that would be invaded by
disclosure. Nashua, 141 N.H. at 477. If there is not, the Right-to-Know Law mandates disclosure.
Id. Again, it is questionable whether Bruce McKay’s privacy interest still obtains, but Plaintiff
will not of course rest his hat on that theory.

Next, we assess the public’s interest in disclosure. Id. at 476-77. While an individual’s
motives in seeking disclosure are irrelevant, in the privacy context, disclosure of the requested
information should serve the purpose of informing the public about the conduct and activities of
their government. Id. at 477. The stated purpose in this case is clearly consonant with that
objective, again primarily to determine whether a man paid with taxpayer monies who carriers
a gun and who wears a badge was a dangerous instrumentality, and if so, whether the town of
Franconia knew about it and what steps they took or failed to take to address it.

Finally, we balance the public interest in disclosure against the government interest in
nondisclosure and the individual’s privacy interest in nondisclosure. Id. at 476. "When the
exemption is claimed on the ground that disclosure would constitute an invasion of privacy, we
examine the nature of the requested document . . . and its relationship to the basic purpose of the
Right-to-Know Law." Id. The party resisting disclosure bears a heavy burden to shift the balance
toward nondisclosure. N.H. Housing Fin. Auth., 142 N.H. at 554. In this case the balancing
contest clearly favors disclosure. Plaintiff is not seeking to publish any intimate detail of Bruce
McKay’s personal life unless it implicates some element of criminality or substantially aberrant
behavior. As such, the entire file must be available for inspection, whether be he alive or not.

The documents that they have produced fall well short of that, and the media is entitled to
full access subject to reasonable restrictions on publication. That is far different than having the
government tell us "you can come down here and pick up what we decide to give you," which is
the sort of approach contemplated by a Vaughn index. But in a case like this, given the history of
serious allegations and complaints of misconduct, the media should be entitled to more than that.

Turning to State v. Theodosopoulos [citation], we find New Hampshire Courts moving

toward greater, rather than less, disclosure. While the issue not directly on point some of the
movement in this case may inform the Court’s judgment. In Theodosopoulos the Court was
addressing the availability of a police officer’s file in a case where the officer is a material
witness. The Defendant in that case had been involved in an automobile collision with an officer
and sought “all information, documentation or disciplinary memoranda which would serve as
exculpatory evidence either where the information relates to (Officer) Defina’s credibility or his
use of police vehicles.”
The Attorney General’s office lost a Supreme Court challenge over a Hooksett Court
ruling that compelled production of a police officer’s personnel file. The Supreme Court held that
the lower Court did not err in providing substantial portions of the file instead of using an in-
camera inspection because the Defendant is entitled to ALL exculpatory evidence, and that’s what
was requested.
In this case, Plaintiff is analogously moving for exculpatory evidence for Liko Kenney,
who repeatedly voiced his concerns that he was scared of Bruce McKay as were many other
people in the community. The public has a Right-to-Know anything and everything that is in
McKay’s file that in any way implicates lack of fitness. In essence, the exculpatory file in this
case goes beyond the set of things that concern operation of a motor vehicle and extends to the
set of things that govern the operation of his badge.

It should be noted that in Ohio, Federal Judge George C. Smith, himself a former City
Prosecutor, issued a ruling in Kallstrom v. City of Columbus II [citation] that addressed the media
seeking files including home addresses, summaries of investigations of officers' backgrounds,
reports of any assaults in which the officers were involved, reports of any motor vehicle accident
in which the officer and an official city vehicle were involved, any disciplinary charges, and
answers to personal history questions. His Honor held that
"The full disclosure of these personnel files is necessary to enable the press to do its job.”
Nowadays disclosure is AUTOMATIC under its Sunshine Act, because as Mentor Union
President Tim Baker said:
"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."

KingCast submits that the residents of the Live Free or Die State should have no less protection
against the government than those of the fine State like Ohio.
The potentially adverse law of Manns v. City of Charleston[citation] is readily
distinguished because that request was overly broad as it requested “all information,” rather than
“all records,” as noted in the concurring opinion of Judge Starcher. Appendix__. Similarly, should
Defendant raise ACLU v. Whitman [citation] this Court should grant them no quarter because
again, the Plaintiff’s request was overly broad because his position was that there was NEVER
any protection under a privacy exception. While Plaintiff’s action might have been successful in
Ohio or Florida, this Court need not address that issue here because the sought remedy provides
protections by having the State identify the documents it TRULY believes are exempt and then
visiting the issue to the Court.
This way a Plaintiff has the ability to make arguments to the court after having actually
viewed the documents in question and knowing what is contained therein and how such
information might be relevant to this case.

B. Plaintiff seeks Declaratory Judgment that the 150+ responses sent to the Franconia
Selectmen are public records and that the failure to deliver them makes Franconia out of Rule and
in violation of the letter and spirit of RSA 91-A. See Brian D. Lamy v. NH PUCO [citation]. This
is a simple matter. In Lamy the Plaintiff successfully sought copies of complaints against a public
utility company, complete with names and addresses. Plaintiff in this instance seeks only the
substance of the complaints and has granted express authority for redactions. As such KingCast is
entitled to immediate production and Declaratory Judgment. See correspondence file between
Plaintiff and Town of Franconia at Attachment___.
C. Plaintiff seeks Declaratory Judgment that Franconia Chief Montminy's initial response to
KingCast on the Fox Hill "suspicious" issue violated the letter and spirit of RSA 91-A.
Plaintiff served Defendant Montminy an RSA 91-A request on 2 July that identified
McKay’s admonition to Liko Kenney that “you are in a suspicious place at a suspicious time” and
asked for a copy of any and all police reports that show Fox Hill to be a nucleus of suspicious
activity. This Motion will be filed on 24 or 27 August and Defendant has provided no
documentation, which is not in and of itself a violation, but Defendant Montminy’s response does
constitute such a violation, as this was the totality of his response on 3 July:

Dear Mr. King;I am in receipt of your request for records concerning Fox Hill Park
for the past 10 years and/or longer. This will take some time and will involve overtime
cost to have an officer research this request. If you would like to proceed with this,
please let me know if you are willing to cover the expenses.
Thank you,
Chief Mark Montminy
There is no timeframe whatsoever and there is an explicit threat to charge overtime. Both of these
raise red flags because the law reads, in pertinent part:
If a public body is unable to make a recordimmediately available for inspection, it has
fivebusiness days to either: (a) make the recordavailable; (b) deny the request in
writing, giving the reasons; (c) give written acknowledgment of the request and a
statement of the time needed to grant or deny the request.
In point of fact there was no compliance with the Rule until counsel for Defendant responded on
11 July, claiming that if Plaintiff had paid for overtime the documents could be expedited.
Whatever the case, it has now been 7 or 8 weeks and still nothing except for the Court records
that Plaintiff HIMSELF obtained from Judge Cyr finding Constitutional violations as noted at the
outset of this Motion. As such, Defendant has violated the letter and spirit of RSA 91-A and
Declaratory Judgment must issue.

D. Plaintiff seeks Declaratory Judgment that the missing use-of-force report and police
report from 2003 constitute a Right-to-Know violation. This is a non-delegable duty and there is
no excuse for a document of this magnitude not to be maintained. Counsel for Defendant
informed Plaintiff on 8 August that he basically had no idea where the documents were and that is
a complete and utter violation of RSA 91-A and Declaratory Judgment must issue.
E. Plaintiff seeks Declaratory Judgment that a police officer's failure to state his or her
name, badge number and jurisdiction on request (excepting truly exigent circumstances) violates
RSA 91-A. Curiously, McKay claims that he told Liko Kenney his name as noted at pdf file
page____. However Liko is heard asking his name and continues to address him as “this or that
officer” after more law enforcement personnel appear so it would seem that McKay never did
identify himself to Liko, McKay never did tell Liko his name, but he DID say

Approx 20:55:00 "Get back in your fucking car," says McKay..... "Maybe you need to go back to
school......" "You're in a suspicious place at a suspicious time.”

********

As such, Plaintiff respectfully asks that this Court find that it is a violation of RSA 91-A for an
officer not to provide his or her

1. Name
2. Badge Number
3. Jurisdiction
When asked by a suspect or anyone unless dire exigent circumstances would make it impractical.

F. Plaintiff seeks Declaratory Judgment that the Defendant Ayotte is required to post the rest
of its investigative files online because of the substantial and material conflicts it presents that are
not represented in its official file. As noted in Section II, Attorney Ayotte actually represented to
Attorney X, with the initials H.B. that The witness statements were all consistent in describing
Mr. Floyd's actions (including the passenger of Mr. Kenney's car).
That is a blatant falsity. As Appendix __ shows, there are materially-conflicting
statements about whether Liko struck McKay with the Toyota before Floyd shot at him. Floyd’s
son and Caleb both say that he did not, but Floyd, who claimed that PCP was the same as THC
and that he did three (3) tours of Vietnam (he’s 49 years of age) also claimed that Liko hit McKay
twice but that that “tough son of a bitch got back up.” He also said he had killed 43 people and
the AG’s office has known of his violent propensities yet admitted that they have no
documentation that this claim was either valid, or that these kills were in any way conducted
pursuant to official government business. Nor did they even conduct an inventory of Floyd’s
vehicle. Attachments____
As to Liko running over McKay, his own son said something entirely different.
Briefly:
"They had stopped in front of his arm the first time. They didn't actually hit the officer. Then
they backed up to here and at that time my dad got out…. They backed up to here and the car
went rushing forward and my dad shot at the driver and it hit him and made him stop. The
front end of the car ended up over the officer's chest."
That proves that, contrary to the position of the State, Floyd did not say anything to Liko
before he shot the windshield. Remember however that the State does not even reference the
windshield bullet that may have caused Liko to panic and try to reload his gun, run over McKay
or try to engage in any matter of life-protective activities as he tried to drive home, 800 feet away,
with a face full of OC Spray.
Pp. 867-868 of the PDF file.
Q: "Now I just want to clarify were you actually touching the passenger?"
A: "Yah... I was trying to stretch my hand in there and make sure [Caleb] stayed back."
Q: "So you actually put the gun inside the window I mean is the window open?
A: "Oh yah the window was open."

Page 20/1,000:
"Did you say anything before you fired?"
"No, I didn't"
Page 11 of official report: "
The man said nothing before he fired."

Caleb, Page 700: "When I saw that gun I went down like this and that's all I saw and if I did not
do that I wouldn't be, I wouldn't be here today."

Caleb, Page 701: "He did, did he say anything?" "He said nothing. He started shooting." Of
course later in the interview Caleb is picking glass shards out of his scalp.
That proves that Floyd did not have any conversation with Liko about putting a gun down
before Floyd rained down shots to the interior of Liko’s car
Lastly, remember that Attorney Ayotte’s email to Attorney X also notes that Gregory
Floyd had no idea whether Bruce McKay was dead or alive, which may have bearing on whether
he could or should have used deadly force instead of retreating.
Only allowing someone to come to the office to review such files after placing the
conflicting report online violates the letter and spirit of RSA 91-A. See generally Hawkins v. NH
DHHS, which held that "cost is not a factor in determining whether the information is a public
record." Also that trial court correctly ruled that HHS was not required to create a new document.
However, to the extent that the plaintiff requests the Medicaid claims compiled in their original
form, we remand for further proceedings.
The investigative files are not a new document. They exist already and it costs virtually
nothing to put them online with the selected materials that the State has put on line. The
undersigned litigant has placed them online for free an it took all of 8 minutes to do once he knew
where to host it. Also, there is no argument of privilege because that has been waived by
producing the summary, pursuant to Unincorporated Operating Div. of Ind. Newspapers, Inc. v.
Trustees of Indiana University, 787 N.E.2d 893 (Ind. App. 4 Cir. 2003). In that case, Attorneys for
the school, functioning as Trustees, conducted an investigation of basketball coach Bobby Knight.
They subsequently issued a report, but it was a summary that did not contain all of the
investigative files. The Court held that the files must be produced and that any attorney privilege
was voide under the principles of waiver because they produced the summary.
The same result obtains herein, and particularly because there is no ongoing investigation
and because even if there was a privilege Plaintiff as a resident of New Hampshire is the client
and he and virtually anyone who lives in Franconia waives privilege even if it existed, which it
does not.

G. Plaintiff seeks Declaratory Judgment that Defendant Ayotte’s failure to provide the email
chain and correspondence between her office and Attorney X violates RSA 91-A. Plaintiff
requested the full chain initially on ___, and Defendant stated that she was not aware of the
identity of Attorney X. Plaintiff noted in a letter sent on ___ that she should obviously know who
Attorney X is, and that it was indeed H.B., but to date no response has issued. Declaratory
Judgment for Plaintiff must obtain.

H. Plaintiff seeks Declaratory Judgment that Defendant Ayotte’s failure to provide a 7 July
2007 email from John P., addressing substantive Right-to-Know issues, violates RSA 91-A. This
complaint is verified and Plaintiff asserts that his letter to Defendant is clear that Defendant failed
to provide this damaging email, which Mr. P. sent directly to the undersigned litigant. Delaratory
Judgment for Plaintiff must obtain.

I. Plaintiff seeks Declaratory Judgment that the failure to provide copies of any and all
correspondence with elected officials violates RSA 91-A. Defendant Ayotte said she will take 30-
45 days to decide if the State will provide the correspondence between any elected officials and
the AG's office regarding this tragedy. I notified the State that we would be in Court well before
such time period elapsed. Declaratory Judgment for Plaintiff must obtain.

J. Plaintiff seeks Declaratory Judgment that the emails to and from the AG's office containing
the names "Liko Kenney" or "Bruce McKay" be provided (1) under the principles of waiver and
(2) because the case is closed and (3) because the Attorney-Client privilege is between NH AG
Ayotte and KingCast, or any other citizen of the State of New Hampshire. As such, KingCast
waives privilege and wants the emails. And the New Hampshire School Boards Association has
stated that government should "Treat all electronic communications as potentially subject to RSA
91-A. Do not put anything in an e-mail you would not want to read in the paper." Attachment__
Another State agency has noted that “Sending an email is not happenstance and therefore may be
considered public information.” Attachment___
Moreover, The Attorney General’s own publication on Right-to-Know at Section III C
“Access to information stored on computers” leaves this issue up to the Court, while noting that
Hawkins dicta supports disclosure: In dicta, the Court states that RSA 91-A does require that
public records be maintained in a manner that makes them available to the public and cost is not
prohibitive in this instance. See generally Hawkins, v.NH DHHS,147 N.H. at 379. And of course
at Fn. 9, the AG’s office notes that even work papers are not automatically exempt from
disclosure because the Court is charged with balancing the competing interests between
disclosure and nondisclosure. Goode v. New Hampshire Office of the Legislative Budget
Assistant, 148 N.H. 551 (2002).
In sum, RSA 91-A provides that if the state has the documents it shall provide them
immediately unless they are "unable." If a public body or agency is unable to make a public
record available for immediate inspection and copying, it shall, within 5 business days of request,
make such record available, deny the request in writing with reasons, or furnish written
acknowledgment of the receipt of the request and a statement of the time reasonably necessary to
determine whether the request shall be granted or denied. The State waiting 30-60 days to tell
Plaintiff anything further smacks of dilatory water-treading and Plaintiff is entitled to Declaratory
Judgment as a matter of law.

K. Declaratory Judgment that NH AAG Jeffery Strelzin intentionally or recklessly

misrepresented the facts about why various taped interviews were not initially provided, which
prompted the Ethics Complaint which immediately liberated them. Here are the facts: Attorney
Strelzin, with the implicit support of Attorney Ayotte under respondeat superior and other legal
principles of agency, made the affirmative misrepresentation that the reason there were only six
(6) audio CDs is because,
"Some interviews were not audio recorded and are memorialized in report form, which is
why the number of actual interviews exceeds the number of audio CDs available."
Plaintiff responded thusly:
Indeed. What or who determined which witnesses were audio recorded? I'll be checking
to see whose interviews appear somewhat buried in the 1,000 page report,"

Plaintiff was fully aware that there were more audiotaped interviews because of his news
network in Franconia. Once we received the new recordings we were able to hear Sam
Stephenson tell the investigators that Gregory Floyd told him that he did 3 tours of Vietnam,
which destroys Floyd’s credibility. Plaintiff had already interviewed Sam Stephenson and knew
the State with not being honest about the presence of his taped recording.
As such, Declaratory Judgment must issue that the State willfully or incompetently
misrepresented the Truth to Plaintiff, thus violating the letter and spirit of RSA 91-A.

L. Defendant Ayotte has failed to respond within rule to the 11 August 2007 query from the
undersigned litigant: Please identify by bates stamp or any other reasonable identifying system,
each and every document from my media kit that you obtained AFTER 22 May, 2007 when I
requested that you provide a copy of the 2007 cruiser video. This is a lawful request pursuant to
Hawkins v. NHDHHS [citation] because it does not require Defendant Ayotte to compile data into
a format specifically requested by a person seeking information under the statute. No, instead it
simply asks when the State obtained that data that it already has provided.

M. Defendant Ayotte charges $10.00 per each audiotaped CD while offering absolutely no
explanation for such price to the public, as noted by John P. in his RSA 91-A correspondence.
Plaintiff seeks Declaratory Judgment that the price of the taped interviews, at $10.00 per copy, is
excessive and violates the letter and spirit of RSA 91-A because it costs virtually nothing to burn
a copy of a CD/DVD with existing State resources and bulk CDs cost about $.50 a piece.
As such, the Court should compel $9.00 per CD refunds to any and all media who paid the $10.00
cost of admission to this Vaudeville act.

N. Plaintiff seeks Declaratory Judgment that the failure of Defendant Montminy to issue a
response to the Complaint of Ms. B constitutes a violation of RSA 91-A.
Public Policy Arguments. Appendix___

There has been, and will continue to be substantial media coverage of this tragic event from
several angles or perspectives.

There is a feature story in the August issue of Boston Magazine.

There is a feature story in the September issue of

The Calendonian-Record ran substantial portions of the KingCast letter to Governor Lynch on
____.

There is a letter from a life-long resident who wrote an editorial to the Franconia Selectmen that
was published in the Littleton Courier.

Concord Monitor demanded the cruiser video and on 15 August published the fact that a woman
called Bruce McKay a “terrorist” after he brandished a knife near her pelvic area during a
“routine traffic stop.” See Concord Monitor stories and see affidavit of Ms. B, as taken by the
undersigned litigant at Attachment___.

There are 150+ responses from the Franconia Recovery and Reconciliation Committee whose
spokesperson has actually gone on record in the Concord Monitor as stating that she does not
believe it is important to review Bruce McKay’s background or personnel files.

There is a Concord Monitor Editorial of 17 August 2007 “McKay file sheds light on why officer
died”

V. Model policy

“Defendant shall be ordered to provide a copy of Bruce McKay's entire personnel file for review
and inspection by KingCast and any and all other members of the media. Plaintiff will identify
the documents he wants to reproduce to the general public. If there are documents that Defendant
believes are actually protected by privacy concerns they will mark such documents and the
parties will visit the matter on the Court, which will maintain jurisdiction. Should Plaintiff in the
interim (or subsequently if the Court sustains the objection) post any information that came
exclusively from those sequestered documents, it shall be criminal contempt of the Court.”
VI. Conclusion and Prayer for Relief.

1. Plaintiff seeks Declaratory Judgment on each and every claim from A-N.

2. Plaintiff seeks Injunctive Relief ordering that Defendants respond to all outstanding
requests for information, including the complaint from Ms. B.

3. Plaintiff seeks a full measure of compensatory damages for the cost of his time as a law
clerk at a reasonable hourly rate and for materials and filing fees.

4. Plaintiff seeks a reasonable assessment of punitive damages for Defendants’ continued

and pointed intransigence.

5. Plaintiff seeks a public apology from Franconia Defendants for their dereliction of duty.

6. Plaintiff seeks a public apology from NH AG Kelly Ayotte for her dereliction of duty.

7. Plaintiff seeks any and all other relief as this Court may deem appropriate, and asks the
Court to assume continuing jurisdiction until all issues are completely resolved.