Constitutional Law

KingCast and Alex Trebek say it's Time for Franconia and Dan Mullen's Final Answer in the Franconia shooting tragedy.

By Christopher King

The full excerpt for you to consider by the Close of Business Tuesday, is here. Your client has had long enough to think about this and in fact they were late even responding pursuant to RSA 91-A(4). Wednesday I will be making copies of the lawsuit and a Motion for Injunctive Relief to be filed on 12 August and argued against the State Defendants. This is an excerpt for the general public. And the specific public of Franconia.

Also, as I wrote earlier if you could please have those McKay complaint documents ready for review again on 11 August I can review those at Ransmeier & Spellman or at the Bar Association. You don't have to invite Attorney Bauer because he already told me in a Deposition "I'm not here to be your friend."
What a shame.
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It goes without saying that the minutes of any municipality in New Hampshire -- and throughout the United States of America ? are a matter of public record. Orford, supra. The Respondents discussed terminating Norman Bruce McKay on at least one occasion if not several. The Respondents have not specifically claimed that any non-public session occurred, and even if some of the sessions were indeed non-public, a public vote and partial discussion is required before a non-public session may occur so at a minimum Petitioner is entitled to disclosure of that portion of the minutes.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070815/FRONTPAGE/708150353

Furthermore, there is the ongoing and insidious nature of Respondents? protection and cover-up of Bruce McKay?s transgressions: Petitioner has found or reviewed MANY more complaints filed against Norman Bruce McKay than the Town has provided the major media, for example as noted in the attached Concord Monitor Story at Attachment 10.

For example, here are just a few:

1. Troy Watts, Esq. Ethics Complaint.
2. Franconia Firefighter George Whitcomb, pp. one and two: 6 Oct. 2000 George Whitcomb that was followed up on 17 Nov. 2000 with no response.
3. Franconia Fire Chief Harvey Flanders follows up with this Complaint of 30 October 2000.
4. Local mother in the Hillwinds Motor Inn incident, in which a State Trooper Landry even harshly criticized Bruce McKay?s actions one and two.

Moreover, the town has steadfastly refused to address any wrongdoing on the part of Bruce McKay even though it is now common knowledge that he violated at least seven pursuit and OC Spray Policies just before he died. In fact, the Town and the NH Attorney General?s Office both passed the buck on the entire traffic stop issue, one abdicating responsibility to the other in what seems to be a deplorable game of ?who?s on first.? As linked above, the Concord Monitor wrote: [snip -- see link]

As such, Your Honor, Petitioner has provided this Honorable Court with enough evidence of Bad Faith such that he has pierced the corporate veil so to speak, and the full goings on regarding Corporal Norman Bruce McKay must be aired to the Town of Franconia and echo from the Easton Valley unto the ears of the World Public.

?Thus, for instance, a court will pierce the corporate veil and assess individual liability where the owners have used the corporate identity to promote an injustice or fraud?..? Norwood Group, Inc. v. Phillips, 149 N.H. 722(2003) citing Terren v. Butler, 134 N.H. 635, 639-41, 597 A.2d 69 (1991).

In this case the Town Defendants are so bent on the path of Injustice that they didn?t even conduct an investigation of the impropriety of the ?routine traffic stop? that left one of its own dead on the side of the road. Then NH AG Kelly Ayotte ? the State?s Highest Legal Officer ? passed the buck right with them so there is no one to oversee any of the Town?s actions except this Honorable Court and a higher reviewing authority. That is why a copy of this Complaint and other relevant materials will be filed with the U.S. House this fall as the appropriate Committee should be able to conduct its own review, using its own resources and plenary powers of authority??

Full post as published by Chris King's 1st Amendment Page on August 03, 2008 (boomark / email).