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Constitutional Law

: Chris King's 1st Amendment Page

Hey KingCast what will happen with the Homicide Manual that Defendant Ayotte refused to provide to you in the Franconia shooting tragedy?

By Christopher King

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Well I never thought you'ld ask, but first of all still no response in today's mail on the final Mother's Day Notice of Bad Faith with the Certified U.S. Mail and fax header information showing the Town and Chief Montminy lied to Judge Vaughn and/or willfully destroyed an Ethics Complaint against Bruce McKay written by a well-respected local attorney by the name of Troy Watts. This was the initial response but I smoked that good. And Attorney Mullen got my bar complaint, still waiting on the Supremes:
Mullen:
Label/Receipt Number: 7007 0710 0000 3305 9114
Status: Delivered
Your item was delivered at 11:14 AM on May 15, 2008 in CONCORD, NH 03301.

Supreme Court:
Label/Receipt Number: 7007 0710 0000 3305 9138
Status: Acceptance
Your item was accepted at 4:31 PM on May 13, 2008 in BOSTON, MA 02118. Information, if available, is updated every evening. Please check again later.

Now then, on 24 April 2008 Judge Vaughn wrote:

"The Court does not find that the Homicide Manual was "prepared in anticipation of litigation or trial" as required. "Although there is no requirement that the litigation have already commenced in order for the work-product doctrine to be operative, there must be more than a remote possibility of litigation."

Quoting Fox v. California Sierra Financial Svcs, 120 F.R.D. 520, 524 (N.D. Cal. 1988). Furthermore, in ordering Defendant Ayotte to produce the document or a Vaughn Index for in camera inspection His Honor wrote:
"The AG's broad description of the Homicide Manual, even in conjunction with the affidavit of Ann Rice submitted in the AG's prior pleadings, is insufficient to bring the Homicide Manual within the law enforcement exemption."

So we shall wait for a Decision on that as well as to Franconia's shenanigans in trying to make Attorney Watt's Ethics Complaint against Bruce McKay disappear into thin air, or into the bottom of the shredder.

Full post as published by Chris King's 1st Amendment Page on May 15, 2008 (boomark / email).

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