March 24, 2014

 

MEMORANDUM

FROM: Barry L. King
DATE: March 24, 2014
RE: Oakland County Child Killer (“OCCK”)

AS OF THIS DATE, THE KING FAMILY HAS NOT BEEN PROVIDED WITH ANY FACTS CONTRADICTING THE POSSIBLE PARTICIPATION OF BUSCH AND HIS TWO COMPANIONS IN THESE MURDERS.

POLYGRAPH RESULTS

  1. In late 2006 or early 2007, I had a telephone conversation with Detective Sergeant Garry Gray of the Michigan State Police (“MSP”). Gray advised me that the OCCK Task Force had received its first hard lead because a suspect, Theodore Lamborgine, had failed a polygraph examination. This was confirmed at a meeting shortly thereafter attended by Donald Studt, now the Birmingham Chief of Police, my son Chris, and me.
  2. In response to my Freedom of Information Act (“FOIA”) suit against the MSP on December 15, 2010, I received 3,411 pages confirming that Christopher Busch was cleared as a suspect in the murder of Mark Stebbins, the first victim, in late January 1977 because he had passed a polygraph examination (see Tip 369).
  1. The MSP reports indicated that the 1977 Busch polygraph examination was reviewed by three subsequent polygraphers, but the results were redacted.
  2. Another suspect, a companion of Busch named James Vincent Gunnels, was also polygraphed, but the results were redacted in the MSP report.
  3. The Oakland County Circuit Court and the Michigan Court of Appeals both ruled that I was not entitled to this polygraph information.
  4. On October 30, 2012, I mailed a FOIA request to the Oakland County Prosecutor (“OCP”) requesting her files on Gunnels. In her response on November 20, 2012, the OCP provided me with the unredacted copy of the second Gunnels polygraph which reads in part as follows:

    “POLYGRAPH QUESTIONS/RESULTS:
    “Other that the control questions, Gunnels was asked three specific questions regarding the Child Killing Investigation. Due to his DNA, hair being discovered on Kristine Mihelich, he was asked the following:

    “1. Did you participate in any way in the killing of Kristine Mihelich?

    “2. Do you know for sure, who killed Kristine Mihelich?

    “3. Did you have any physical contact with Kristine Mihelich?

    “(See attached Exam report for all questions asked)

    “Lt. Dykstra after reviewing the three separate charts involve in the polygraph of James Vincent Gunnels, concluded that Mr. Gunnels, ‘Completely’ failed all aspects of said examination DPD officer Dan who is a polygraph trainee of Dykstra also concurred with the findings.”

If this information was improperly provided to me, did Jessica Cooper discipline her assistants who mailed it to me?

  1. On April 1, 2013, the 48th District Court finally gave me access to the Search Warrant files on the former Busch residence dated October 28, 2008. The Affidavit in support of the Search Warrant states as follows regarding the subsequent reviews of the original Busch polygraph examination:  “Y. Affiant further states that the polygraph charts from Christopher Busch’s polygraph test administered by Ralph Cabot were recently reviewed by three polygraph examiners, Lt Robert Dykstra of the Michigan State Police, Tim Larion of the Livonia Police Department and former State Police polygraph examiner John Wojnaroski. Affiant was told by the three examiners that the polygraph charts do not indicate truthfulness, and that at best, the result should have been deemed inconclusive.”
  2. The OCP disclosed the results of the three subsequent polygraphs to the court in October 2008 and prohibited my access until April 2013, more than four years later.
  3. Lamborgine flunks a lie detector test and it is the first hard lead the Task Force had received.
  4. Busch passes a polygraph test and is released in 1977. The OCP publicly announced the result of this 1977 polygraph in the 1977 newspapers.
  1. Gunnels fails a polygraph examination and unlike the Lamborgine result, I am denied this information.
  2. Law enforcement should not be able to pick and choose on the publication of polygraph examination results. The law should be clarified by the legislature or the courts.