Kelly Ayotte lawyers try to strike proof of racial ethics problems

8/6/2019 Kelly Ayotte lawyers try to strike proof of racial ethics problems

http://slidepdf.com/reader/full/kelly-ayotte-lawyers-try-to-strike-proof-of-racial-ethics-problems 1/6

1

IN THE UNITED STATES DISTRICT COURTNEW HAMPSHIRE

CHRISTOPHER KING, J.D. )a/k/a KINGCAST.NET, ) CASE NO. 2010-CV-501

Plaintiff-Petitioner,

v. ) JUDGE PAUL BARBADORO

FRIENDS OF KELLY AYOTTE, et al., ) MAGISTRATE LANDYA McCAFFERTYDefendants.

PLAINTIFF·S REPLY MEMORANDUM IN SUPPORT OF HIS MOTION TO STRIKE

ON HIS CORRECTED MEMORANDUM OF LAW:NOTICE OF REPEATED UNETHICAL BEHAVIOR BY MCLANE, GRAF SENIOR ATTORNEYSAGAINST ANOTHER BLACK MAN, CHARLES GLENN, NH SUPREME COURT #2008 ² 912

Now comes Plaintiff to cut the wheat from chaff in this case, quickly and simply:

1. The corrected Motion was necessary to issue a correction as to the apparently systemicunethical treatment of black men by McLane, Graf: Having spoken with Defendant Glenn

Plaintiff issued a corrective Notice because Glenn specified something even more

insidious:

The fact that McLane, Graf attorneys entirely failed to mention the fact that the State·sperjury prone white witness had previously (and illegally) discharged a gun of the samecaliber that killed the decedent in the murder case. As such, McLane Graf Attorneys clearlystand in violation of any and all relevant Canons of Ethics in a case involving another blackman who is militantly going after the Establishment. As proved in Plaintiff·s case McLaneGraf is clearly part of the Establishment.

2. Next, the Motion to Strike and the Updated Motion do not constitute two Motions

within one Pleading because Plaintiff telephoned the ECF Help Desk and notified them of

the fact that he needed to issue a correction to the pleading, and that is in fact the

correct way to do it: Strike the First Motion and submit the new Motion in the same

filing. If counsel or the Court would like to see a copy of Plaintiff·s phone records on the

day of the filing that could be arranged.

3. Further, minor deviations from Rule do not constitute a death knell for the

Pleading: In Liko Kenney v. Greg Floyd et al, Kelly Ayotte protégé Dan Mullen filed a

Partial Motion to Dismiss that was not in proper form (it did not have a Separate Motion

and Memorandum as required by Rule) but it was accepted by the Court because the

underlying argument had merit to the extent that the Estate of Liko Kenney cannot sue

for monetary damages beyond the Statute but may only use those events to show a

pattern and practice of Unconstitutional & unlawful behavior by the Town of Franconia.



2

The same is true in this case: Even if Plaintiff was in error (he is not) the Underlying

Motion clearly has merit because the relevant and previously-cited Judicial and Attorney

Ethical Canons mandated that someone from McLane, Graf should have told Plaintiff that

Magistrate McCafferty worked underneath the lead counsel and owner and founding

partner of McLane Graf and that she worked next to Attorney Parent.

Similarly it doesn·t take rocket science to know that McLane, Graf breached their

ethical obligations in ´representingµ Charles Glenn, another black man who questioned

the Ayotte and Delaney AG regimes. As a former AAG Plaintiff is rightfully appalled that

McLane, Graf covered for Prosecutorial Misconduct and that informs the ethics failures in

the Case at Bar:

Again, while Defendant attempts to imply that Plaintiff was somehow aware of

the Glenn case ´because he cited to it in his Memorandum of Lawµ the fact of the

matter is the Plaintiff only recently because aware of the case via a 23 June 2011

email. That is when he discovered that Defendant Kelly Ayotte's successor Michael

Delaney after his office intentionally withheld evidence that:

1. Their only witness, Joseph Salvatore had obtained a gun permit and purchased his gun BEFORE the fatal shooting of Leonard Gosselin.

2. Their only witness, Joseph Salvatore, had a prior history of unlawfully discharging a firearm of the same caliber that killed Leonard Gosselin.

http://caselaw.findlaw.com/nh-supreme-court/1532956.html



3

McLane Graf counsel, rather than fully fighting for its black male client who

was questioning the Establishment to the core, sold that negro right on down the

river.1 Again, Plaintiff is well-versed in the law of Ineffective Assistance of Counsel ²

not that any of his clients ever brought such a suit, but because he has assisted others

to air their concerns on such matters. 2

That type of activity is of course entirely consistent with the role of a

watchdog press, and it is precisely why former Nashua Mayor Bernard Streeter ² a man

with the longest Executive/Governor·s Council membership ² awarded Plaintiff a First

Amendment Mayoral Commendation.

1 Plaintiff did indeed withdraw and refile the matter with a slight correction, which took noextra time or expense from Defendants because he did it within a calendar day or so.Defendant is grasping at straws in an attempt to impugn Plaintiff rather than to examine the(in)actions and arguably outright ethical failings of McLane, Graf Counsel. Plaintiff will simplynot stand for any of it nor should this Honorable Court. 2 Plaintiff has directly-related experience on this matter, having helped expose the IneffectiveAssistance of Counsel/malpractice claims (and settlement) of former client DerrickGillenwater· against Whitey Bulger·s putative Counsel Jeffrey Denner, when Plaintiff was´Boston Bobµ as noted in the Harvard Citizen Media Journal (Denner·s Alma Mater).



4

4. As to the Court·s Order that Plaintiff not file more motions, Plaintiff has explained

that he does not file these motions without extensive research and consideration and

respect for the Court. However it is not Plaintiff·s fault that McLane, Graf attorneys have

demonstrated a lack of professional respect toward black men that besmirches the legal

community, first by failing to even mention Her Honor·s employment under lead counsel

and next to assistant counsel and now this. Similarly it is not Plaintiff·s fault that he only

recently learned of the Glenn matter but it is indeed relevant because it goes to show

the extent to which McLane, Graf past and present employees will engage in skullduggery

to protect their own, particularly in the presence of a militant black man. 3

5. When viewed in this light, the failure of not only Magistrate McCafferty but of

McLane counsel to notify Plaintiff of her association with the firm looms large.

Further, no one can reasonably question Plaintiff·s need to know why in the same

month, her Honor recused herself immediately after a certain lawyer filed an

appearance in State v. Issacson, NH Dist. 2009-3332 but not in this case? One logical

inference is that Her Honor has an association of some sort with the new attorney.

Unless or until that notion is solidly disproved by testimony Under Oath this Court and

the Parties are stuck with that logical inference and any other suggestion amounts to

more skullduggery and obfuscation.

As previously stated, it is quite clear that they have a little boys and girls clubwhere they protect their own and can do no wrong, and if that is not the case then it

is high time this Honorable Court make it known that such activity will not be

tolerated, rather than to become complicit in these crimes and omissions of moral

turpitude.

Defendant·s naked attempts to malign Plaintiff fail miserably. Defendant

Ayotte cites to Educad ores P uertorriq uenos en Accion v. Hernand ez , 367 F.3d 61' 68

3 Similarly, as we shall see in Plaintiff·s Motion for Leave to File a Third Amended Complaint, itis also not Plaintiff·s fault that Defendant Ayotte issued materially false statements to the U.S.Senate that Plaintiff ² a man with a law degree from a top 50 school ² filed ́ frivolousµ cases.Nor is it Plaintiff·s fault that Nashua PD, in beating down Mike Gannon for no reason, directlyreferenced KingCast videos.



5

(1st Cir. 2004) but that is a red herring because the Court was not even analyzing any

particular language but was instead just issuing a prophylactic general warning: Second, in considering motions to dismiss courts should continue to"eschew any reliance on bald assertions, unsupportable conclusions,and opprobrious epithets." Chongris v. Bd. of Appeals, 811 F.2d 36, 37(1st Cir.1987) (citation and internal quotation marks omitted). Sucheschewal is merely an application of Rule 8(a)(2), not a heightenedpleading standard uniquely applicable to civil rights claims.

In this case Plaintiff has cited to Judicial Codes of Conduct and to specific glaring legal

omissions by McLane, Graf in yet another racially-tinged matter. Thus it is clearly

Defendant and not Plaintiff who is engaging in bald assertions and unsupportable

conclusions.

ORAL ARGUMENT REQUESTED

Owing to the unique and troubling issues surrounding this matter Oral Argument

is requested such that everything at issue be put on the record in Open Court. As an

investigative journalist who demands open and full access to information and to the

law Plaintiff submits that would be the only appropriate course of action in this

matter. People need to take the stand and explain these (in)actions Under Oath to the

satisfaction of the Court, which they cannot do and hence the fierce objection to theNotice.

Respectfully submitted,

/s/ Christopher King, J.D. _____________________________Christopher King, J.D.http://KingCast.net -- Reel News for Real People



6

CERTIFICATE OF SERVICE

I the undersigned, solemnly swear that a true copy of this Reply wasElectronically delivered on 13 July 2011 to:

Jennifer Parent and Jack Middleton, Esq.

City Hall Plaza900 Elm Street

Manchester, NH 03101

Gordon MacDonald, Esq.Nixon Peabody LLP

900 Elm StreetManchester, NH 03101

Brian Cullen, Esq.10 East Pearl StreetNashua, NH 03060

/s/Christopher King, J.D. __________________________________

KingCast.netBy and through Christopher King, J.D.

617.543.8085m

Kelly Ayotte lawyers try to strike proof of racial ethics problems

Documents

Transcript of Kelly Ayotte lawyers try to strike proof of racial ethics problems