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Why I believe NH Attorney General needs to charge Gregory W. Floyd with the murder of Liko Kenney.

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(New True Crime Weblog contributor Christopher King is an attorney and civil rights activist. He lives in Nashua, NH. You can learn much more about Christopher by reading his blog: Chris King’s 1st Amendment Page. ~ Steve Huff)

Not quite one year ago — on May 11 — two men died on Route 116 in Franconia, New Hampshire. One of them, Liko Kenney, was murdered. One of them, Bruce McKay, was killed out of fear, or manslaughter — even justifiable homicide. The State got it all backwards, however. The key to that is in the trajectory of the bullet hole in the barn in the picture above.

But I don’t want to get ahead of myself.

To understand this story you first need to read the ABC News story, (strongly recommended if you want to understand what follows ~ Ed.) which contains this passage from a woman who tried to save Corporal McKay’s life as he died at the end of her driveway:

“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.”

I have been covering this case since Day One. Ironically I started that May day off praising New Hampshire Attorney General Kelly Ayotte for her actions in a First Amendment case. Then a comment posted in that entry tipped me off to this tragedy.

I eventually sued the AG Ayotte and the Town of Franconia and among other things, uncovered more of McKay’s personnel file as summarized herein, including the Restraining Order by his ex-wife and complaint letters from his peers on the Firefighter staff. Peers who say he threatened them, too. Newbies note: Franconia is a small town, I think 1,200 residents. Thus, based on my interviews it is likely that Liko was aware of most of the things in McKay’s personnel file and then some on 5/11. This is crucial and goes to Liko’s state of mind as not having mens rea to kill McKay but being scared of him to the point that he felt that he had no other choice.

Speaking of harassment, Gregory W. Floyd, the 3 time felon whom Ayotte proclaimed as hero, has quite the criminal in the past and the present. That led me to say that even a Harvard Law Graduate and U.S. Senator shouldn’t draw a pass in one day, much less a guy like this who even lied during the investigation. Watch him lunge at me in the videos linked here with some pics I took in the hallway. Nice.

More specifics will be posted later as requested by newbies, but for now there are lots of links in this Scribd.com letter to Steve. The letter is a modification of the KingCast letter to the Honorable Lou Stokes, who was of course Counsel in the seminal Fourth Amendment case of Terry v. Ohio, which was about 2 miles from my house as a kid.

http://www.scribd.com/doc/2582562/Huff-Crime-Blog

Which brings me to the posts of today, written as Ayotte rejected a common sense assertion that just maybe Gregory W. Floyd committed murder. Read my responses here and here, outlining four key things:

1. The Windshield bullet shot from the south without any word from Floyd that blocked Liko from driving south to Tamarack after he shot McKay, just after McKay violated three (3) pursuit policies and at least two (2) OC Spray policies.

2. Look at her documented history of lies and coverups regarding her erstwhile hero, Gregory W. Floyd.

3. Kelly lied to Attorney X/Harold Burbank and there’s no two ways about that, when she said the “witness statements were all consistent” regarding Floyd’s actions. I wish the Union Leader would run a copy of THAT email, which is right here.

4. The fingerprint analysis that she owes me pursuant to Piper v. United States DOJ, 294 F. Supp. 2d 16 (2003) and my pending RSA 91-A request that is now two (2) months old as noted in this reminder post. It would be good to see the Union Leader address that.

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In the second post, you can clearly see that Floyd cut off Liko Kenney’s egress to the south with two bullets to the barn. He then advanced toward Liko to kill him, all the while acting crazed, one to the cowling of Liko’s windshield and then Liko ran into McKay and then Floyd murdered him with that temper of his. Floyd’s own son said in investigative file pdf 745 Liko’s car never struck McKay until AFTER his father shot at it. But don’t let me tell it. Caleb Macaulay can tell it. Listen to him describe how scared Liko was on this WBZ-TV interview.

This means that Liko may have used his car as a DEFENSIVE weapon and not an OFFENSIVE weapon:

At the top photo is about where Floyd was standing when he fired the first round that caused Liko to freak out. Then he ran up to the car, still blasting away and fired the windshield bullet as McKay is already down in the driveway. Liko is now blinded by the OC spray after 15 seconds (it takes that long) and so it’s of little wonder that he drove straight onto McKay. And turn your head sideways until I can get this photo flipped to see by the blood spatter that McKay had made it all the way across 116 so there was no need for Floyd to start shooting, yet shoot he did.

Note that the vantage point is indeed South of where Liko was pulling out from and corroborates Caleb’s statement, Page 687:

“That guy I thought pretty much had the gun pointed at us before we even got on the road.”

Page 622

“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….'”

Kind of fits well with the observation of Easton Police Chief Every but despite that and despite this partial rap sheet Kelly gives Floyd a pass in one day. That’s why she should be disbarred it’s such patent BS. Anyway here’s another bullet in the barn and note that the windshield bullet in the bottom scrolling picture came from almost the angle you see it from, so Floyd clearly had Liko hemmed up from the south and that’s what you would expect someone with “43 kills” under his belt to do. He seriously said he killed 43 people to the investigators yet no one has investigated THAT.

UPDATE #1
Why P. 42 of NH AG Kelly Ayotte’s report is the weakest link.

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As time goes on certain things come into perspective for you. I have mentioned this issue on several occasions but never put it all together until now.

So that “Official Report” that says at p.42 that Floyd was unarmed when Liko Kenney struck McKay with the car is a total lie.

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


But now we clearly see that’s yet another lie told by Kelly Ayotte, New Hampshire’s highest law enforcement officer because as this ballistics post proves, Floyd was up and shooting before Liko and Caleb even got on the road.

And look at the trajectory of Liko’s Toyota and the blood spatter from McKay. Never the two meet until the grassy knoll, making Floyd a complete liar but that’s nothing new.

Remember Floyd’s own son that the Liko’s Toyota only struck McKay once. Then, In the Union Leader story:

Floyd told police he served in the Marine Corps during the war in Vietnam. He has owned many guns since then, though he said he had not fired one in close to a year.

Hah, first he never was in Vietnam, and second, he admits violating 18 U.S.C. 922(g)(1) right there!

Face it: Floyd ripped at least three (3) rounds from the south/east of Liko before his Toyota struck McKay, and that would pretty much keep a thoroughly OC-Sprayed brother from turning south down Rte 116 and tend to make him go blindly forward, at which point Gregory W. Floyd executed him.

Then Kelly gave Floyd a badge of honor. Nice. Still confused? Check the angle of the new windshield bullet picture. Would YOU drive south into that?

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UPDATE #2: Down, down, down, Kelly Ayotte is going down.
How is it that Liko Kenney’s gun was wiped clean at the scene?

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Hey wild man Floyd why were you bustin’ caps up in Connie McKenzie’s crib? Nice to see that no matter which way Liko looked to run you had him covered with your truck half way out in the street and stuff. You indeed are a pro, what it’s as if you’ve killed 43 people or something. And how in the hell does Liko’s gun not have a clip in it in this picture when it’s locked and loaded in the next?

Excuse me, but shouldn’t that sorta’ thing be done at the LAB?

And doesn’t that kinda’ show that Liko didn’t even have his second clip in the gun when Gregory W. Floyd murdered him, oh yah. And it look like it been done wiped clean, don’t it? Shawl ’nuff do…. You saw it first on KingCast vision.

That’s why Kelly doesn’t want to give me the fingerprint analysis, but she will. Accord Piper v. United States DOJ, 294 F. Supp. 2d 16 (2003) and New Hampshire’s own Trooper Cooper.

You’re going down, Kelly. Down, down, down.

UPDATE #3
Petitioner’s Notice of Bad Faith in 07-E-268 KingCast v. Ayotte et al.
Well here’s today’s Notice of Bad Faith to Judge Vaughn in KingCast v. Ayotte/Franconia, 07-E-268 as he prepares to issue his assessment of Costs. See with Franconia dragging their feet it delays the Court ordering the Defendants to give me my money as owed pursuant to his March ORDERS, then it’s harder for me to do what I have to do to keep this case on the boil. Not to mention the other implications of their responses on Attorney Troy Watts’ Ethics Complaint against Bruce McKay.

UPDATE #4:
Franconia court-ordered file review finds Troy Watt’s Complaint is missing and AG’s office says there are allegedly no fingerprint analyses on Liko’s gun.

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Condensed verisions.
1. Chief Montminy’s Affidavit review.

Troy Watts’ 2006 Ethics Complaint on Bruce McKay is missing. Did the AG’ office seize it? I’ll have to inquire of Kelly.

2. Senior AAG Strelzin and Ayotte lying again?

So we’re supposed to believe that they conducted no fingerprint analysis and/or maintained no fingerprint files.

And we’re not supposed to wonder how in the hell Gregory W. Floyd wound up with Liko’s live round in his pocket.

Who the hell writes a Memorandum Contra over documents they don’t have? Think about it. They just say “We ain’t got nothin’ the point is moot.”

Who the hell conducts a homicide “investigation” without fingerprinting the guns in a situation like this? That would fall below minimum standards for police efficacy but then so too does letting Floyd go home with a live round in his pocket. What were they too busy giving him attaboys to search him?

Remember: Trooper Cooper said it was important.

Or does Troop F have the fingerprint analysis and Kelly and Jeffery are playing the shell game? Strelzin is good at that (read more) but in the end I revealed that they had a mountain of information about Gregory W. Floyd that they withheld from the public. Information that shows him to be a dangerous man, as AJ Boisvert will tell you. As Liko Kenney cannot.

UPDATE #5
The State provides responses to the Court, claims it has no fingerprint evidence and destroyed emails pertaining to a failed attempt to name a road after McKay that involves elements of Forgery.

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In this post there are links to the post the contains JPEGs of Franconia’s Chief Montminy Affidavit and AG Fingerprint responses). They are both interesting in their own right because the town comes up with a brand new explanation for not having relevant documents and because the AG now claims that they have no fingerprint information from the guns of 5/11 — even as Gregory W. Floyd went home with one of Liko Kenney’s live rounds in his pocket. Whoa. Whoa. Whoa Nellie.

But more than that, if you read the first link you will see the NH House Counsel David Frydman’s response to a request written by me and seconded by Liko Kenney’s Uncle, Bill Kenney which sought information and fraud counsel to determine who forged the name of one of Liko Kenney’s friends to a Union Leader (largest paper in NH) forum in support of HB 1428 to name a major Highway after Bruce McKay. Obviously this was forgery and the victim of the misappropriation and false light testimony will file suit soon but we expected some kind of substantive response.

Here is what we got as Attorney Frydman:

1. Said “an individual legislator’s emails are not a public record and not available pursuant to a Right-to-Know request,” and that “[Speaker Noreli] deleted those e-mails after reading them and they are not longer available in the office’s computer system.”

2. He did not address the request for Fraud Counsel so I will send him a copy of this post asking for a response to that request.

3. He did not address my request to file this post with the Interim Study Committee so this post also therefore asks for a substantive response to that.

Here is what Bill Kenney and I sought; read it in the comments.

The problem with his response is that it cites no legal authority whatsoever. Now then, compare generally the $42,000 question in Pulaski County v. Ark. Democrat-Gazette, Inc., 370 Ark. 435, 2007 Ark. LEXIS 436; 35 Media L. Rep. 2089 (2007) (except in this case none of the emails incoming or outgoing are “personal” so they are ALL public records); see Concurring and Dissenting Opinion at Pulaski County v. Ark. Democrat-Gazette, Inc., 371 Ark. 217, (2007), Brian D. Lamy v. NH PUCO, 152 N.H. 106 2005, rehearing denied 2005 N.H. LEXIS 92, Hawkins v. NH DHHS, 147 N.H. 376 (2005), Ark. Ins. Dep’t v. Baker, 358 Ark. 289, (2004), Judicial Watch, Inc. v. United States DOC, 29 Media L. Rep. 1146, (2000).

It further appears to stand in opposition to HB 1408 which had already been in motion well before she deleted the emails…..

So I do plan to sue over this because you cannot have a situation where incoming emails about a public issue, a public employee, and a public road someone disappear within weeks. It doesn’t matter whether you agree with Liko’s position, KingCast’s position, Kelly Ayotte’s position etc…. what matters is OPEN and RESPONSIVE government.

UPDATE #6
County Prosecutor doesn’t play the game; instead produces proof that Franconia did in fact receive a 2006 Ethics Complaint against Bruce McKay from Attorney Troy Watts.

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Okay, Rome is still burning. Perhaps the Franconia Collective can build it back stronger though, with some integrity. I told you back in this post about why it was so important that the town knew of the 2006 Ethics Complaint against Bruce McKay: It supplemented years of abuse and foreshadowed the potentiality of future abuse, as McKay violated at least six (6) major police procedures on 5/11 against Liko Kenney. A cop is seldom unethical once, folks. Once they go there they stay there.

Remember how the Town of Franconia “released” McKay’s background/complaints and whatnot last year and you had papers like the Concord Monitor editorializing “McKay file sheds light on why officer died?” And remember how just the other day Franconia Police Chief Montminy said that there was absolutely no memorialization in the files about the Watts complaint that pertained to this OC Spraying of Sarah and McKay’s Court actions? Read his Affidavit.

To my knowledge I (with the help of the Franconia Collective) was the only media entity to stand up and say “There’s more…. Rome is burning…. the Emperor has no clothes….”

Now read this post to see that there is indeed “more” and Attorney Hilaire is about to help us publish it where no other media outlet has dared to seek or publish these facts even though they most certainly are Public Record. Nope, everyone else sat on their hands, as the town did all throughout the Reign of McKay. And when you sit on your hands in a situation like this…. people can and will die.

PS: Kelly lied about the AG’s office not being in receipt of a VERY crucial Ethics Complaint (cover page here) against Bruce McKay too, the one where he brandished that penis-shaped knife near a woman’s labia without Probable Cause, according to Judge Peter Cyr.

Girlfriend: “Chris what they did up there is no better than what the Catholic Church did when they overlooked the abuse of the children.”
KingCast: “Well, yah…..”