Constitutional Law

KingCast updates from Franconia: Hosting for U.S. House Complaint, Ryan Hartford interview on McKay's OC Spray at Profile; Kelly keeps homicide book.

By Christopher King

First we secured a public hosting site for the Franconia Collective complaint to the U.S. House later this summer. Such an approach was used to generate signatures to help defeat HB 1428 Bruce McKay Highway. Speaking of HB 1428 (and HB 1408 regarding emails of State Representatives that passed Senate) I'll be filing a lawsuit in early July against Martha McLeod, the Works Committee and Speaker Norelli for all emails in and out regarding that bill, and my supporting law is extremely sound, including NH's own HB 1408 and Pulaski County v. Ark. Democrat-Gazette, Inc., 370 Ark. 435, 2007 Ark. LEXIS 436; 35 Media L. Rep. 2089 (2007). Not to mention this Nashua Telegraph story.

Second, with Caleb Macaulay (see comments) we interviewed Ryan Hartford who fully explained the recent (i.e. 2005) overzealous use of OC Spray from Officer Pepper at Profile High School. Norman Bruce McKay put a young lady in the hospital after she ingested fumes through the ventilation system because McKay was too forceful and stupid to realize he shouldn't discharge OC Spray in a public building.

Day one: After a break-in at a house, McKay comes to Profile after someone lied and accused Mr. Hartford, who tells McKay in no uncertain terms "I didn't do it."

Day two: McKay appears at the school with a Sugar Hill officer and the following colloquy ensues:
"Put your book down."
"Why?"
"What are you doing? Why are you arresting me?"
"I'll tell you later" As McKay grabs his wrist Mr. Hartford pushed him away and he hits the ground. Hartford's brother comes to pull Hartford away from McKay. McKay then goes ballistic with the OC Spray, and on information and belief McKay carried the most potent level spray. I will verify later.

In the end, the charges of Burglary, Assault on Officer and Attempting to flee were all dismissed. The State wants everyone to know that Liko still got convicted of Assault on McKay (against his wishes to go to trial) despite the fact that the underlying charges of having a marijuana pipe in were withdrawn because of a likely Civil Rights/Fourth Amendment issue. However the State wants everyone to forget that under a very similar set of circumstances McKay and his "charges" were dismissed and the police "lost" all of the discovery against Mr. Hartford, who unfortunately appears to be just outside his three-year statue of limitations window to sue on the Monell/42 U.S.C. 1983 Action. Mr. Hartford reports that Vice Principal Mike Kelly said in a court hearing that McKay did not handle the situation properly.

Third, the Court ruled that Defendant Ayotte will not have to provide any of her homicide manual, so now we will find it difficult to prove exactly how she violated her own policies, but as a former AAG I can tell you I'm about 99% certain she deviated from policy in several ways, including allegedly not fingerprinting all of the magazines/guns on site. Not to mention seeing Gregory W. Floyd walk around the scene without handcuffs, and then drive home with one of Liko's live rounds in his pocket. That's embarrassing and gives credence to another LE's claim that she is a "legal misfit." We will notify the U.S. House about that.

At least that makes it easier to determine who's paying more of the court costs: That would be the Franconia Defendants, with the only pending issue being whether His Honor calls a Show-Cause Contempt hearing for their continued intransigence in providing me the 2006 Troy Watts/Bruce McKay Ethics Complaint. Take a look.

Hint: Add that Watts Complaint/Sarah OC Spray issue to the 2005 OC Spray matter and to the 2005 Tim Stephenson Complaint (McKay puts hand on gun and says "I'll do whatever it takes to get you out of here" and you have a current cause of concern as you look at the ongoing legacy of Norman Bruce McKay, who should have been removed as a police officer. Whatever meds he was on did not do the trick, and now after he AGAIN violated OC Spray (and pursuit) policies to terrorize Liko Kenney, he and Liko are no longer with us.

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