My dad filed FOIA requests with the Michigan State Police and the Oakland County Prosecutor on JANUARY 10, 2010. Prior to that, residents of Oakland County were none-the-wiser about the absolute state-sanctioned deceit in this case.
Let’s just take a look at the response from the MSP and leave the even more bogus responses (and obvious document destruction) by the OCP (Jessica Cooper’s tenure) for another post.
Did you know there is now a “King Response” in Michigan FOIA law?
Here’s how it’s described online:
In Michigan FOIA law, a “King Response” is an unlawful agency tactic where a public body claims a FOIA request is “granted” but fails to disclose exactly what information is being withheld or why. [1, 2]
The term originates from the 2013 Michigan Court of Appeals case, King v. Michigan State Police Department. In that case, the police department issued a generic notice stating that the request was granted “as to non-exempt records,” without explicitly stating that specific records were being kept secret under statutory exemptions. [1, 2]
The legal principles established by this precedent dictate the following requirements for Michigan public bodies:
- Explicit Disclosure Breakdown: An agency cannot use a broad blanket statement to hide partial denials. If parts of a request are being withheld, the response must be officially treated as a partial denial. [1]
- Statutory Justification: The public body must explicitly state what records or portions of records are being withheld and cite the exact legal exemption allowing them to keep those records secret. [1, 2]
- No Hidden Redactions: Agencies cannot bypass FOIA deadlines or appeal windows by silently removing or holding back “exempt” data under the guise of an all-inclusive “grant”. [1]
When an agency attempts a King Response, they are considered to have failed to provide a timely and legally compliant response, giving the requester immediate grounds to file an appeal or a lawsuit. [1, 2]
*********************
Not to mention that the MSP used WHITE OUT on some documents, rather than obvious black redactions. This was designed to confuse the reader and obscure the obstruction and corruption in this case. It is so objectively dirty that I lack civil words to describe it. I want to know who oversaw that document production for the state police and if they consulted with the agency attorney.
The King Response. Unbelievable. The MSP answered for NONE of the above and collected over $11,000 for the privilege of fucking us over. I repeat for the 10th time that the Oakland County Sheriff’s response to my FOIA request was that they HAD NO DOCUMENTS WHATSOEVER in the OCCK case and to contact the MSP. That was a lie. It was illegal, too. That tells you something about this agency.
As for what is revealed just in the limited MSP FOIA response, I am not talking about a conspiracy, but documented facts that subsequent investigators have been unwilling to acknowledge, let alone investigate. They have seen the unredacted documents.
This bogus FOIA response is the tip of the iceberg when it comes to the fuckery in the OCCK investigation. The past six years alone (even without considering the appalling 15 year lead up), most of which I have not commented on, would blow the mind of any thoughtful person.
Think some version of this can’t happen to someone you know in Michigan? None of the issues raised in the OCCK investigation, let alone the overall failure, has been addressed. I doubt any of them ever will.
Discover more from The Oakland County Child Killer
Subscribe to get the latest posts sent to your email.