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Topic: Busch vs the FBI: The Dan Parks case and more
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untanglingwebs
El Supremo

AG PRESS RELEASES

Cox: No Charges Issued Against Genesee County Prosecutor
May 20, 2004

FLINT – The state found no basis to pursue charges against Genesee County Prosecutor Arthur Busch after a lengthy investigation by a law enforcement task force, Attorney General Mike Cox announced today.

"The welfare of our state is dependent upon its public officials acting with the highest degree of respect for its laws," Cox said. "My office will continue to provide oversight of Michigan’s public officials to ensure their conduct conforms to citizens’ expectations. The citizens of Genesee County – as do all Michigan citizens – deserve public servants who are beyond reproach."

Busch was under investigation by the Flint Anti-Corruption Team (FACT). The task force, made up of personnel from various agencies, was looking into two real estate transfers involving Busch and a decision by Busch not to prosecute a suspected drug dealer. The investigation by FACT arose out of an earlier investigation by another task force, the Flint Area Narcotics Group.

After a review of the evidence presented by FACT, Cox determined there was no basis to pursue criminal charges against Busch.

"Public servants deserve the same presumption as anyone else who is accused of a crime," Cox said. "The allegations have been investigated and we have found no basis to continue any further."

-- 30 -

For further information contact: Matt Davis
517-373-0481 (Office)
State of Michigan, Department of Attorney General


Last edited by untanglingwebs on Tue Nov 22, 2016 6:48 pm; edited 2 times in total
Post Tue Nov 22, 2016 7:56 am 
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untanglingwebs
El Supremo

When you look at the Sheriff Joe Wilson case, cooperation with the FBI led to a relatively soft landing. The cooperating witnesses actually got immunity letters if they truthfully testified.

Former Genesee County Prosecutor Leonard bragged about throwing the FBI out of his office. It was shown that he took comp trips to Vegas and the Aladdin Casino during the time he FBI had an active investigation into mob ties in Las vegas casinos. The result was no breaks for him in his embezzlement case..

Later, Genesee County Register of Deeds, Jeffrey Brohm, was prosecuted for a similar embezzlement and the result was less severe.

In the end, Genesee County Prosecutor Arthur Busch could show that State Law on forfeitures was followed.

But,you have to wonder if some of the testimony about Busch in the Sheriff Wilson case tainted Busch. Or the Joubran prosecutions, the Donna Poplar case, or was it the Danny Parks case that was the final straw!
Post Tue Nov 22, 2016 8:13 am 
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untanglingwebs
El Supremo

The ultimate insult-report the local FBI:

In a June 4, 2002 letter to H. Marshall Jarrett, Counsel, of the office of Professional Responsibility for the Federal Bureau of Investigation, Then Prosecution Busch wrote a Notice of Possible Agent Misconduct. The issue was the People vs Dan Parks, Felonious Assault, case # 02-562-FY (68th district Court-Michigan)

"I am reluctantly bringing the above-noted matter to your attention because I feel that something needs to be done to correct what I believe is unethical and unprofessional conduct on the part of FBI agents assigned to the Flint office. This action arises out of an alleged felonious assault with a shotgun on an FBI agent. This office sought and obtained an arrest warrant for Daniel Ray Parks .... on March 28, 2002, charging him with Felonious Assault, a four year felony. I have determined that this office will not continue a prosecution in this matter for the reasons discussed below.
Post Tue Nov 22, 2016 8:30 am 
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untanglingwebs
El Supremo

"The actions of the Flint FBI agents as spelled out in police reports demonstrates that they did not follow accepted police procedure in several respects. First, this surveillance was conducted in a fashion so as to intrude upon private property without permission or notice to the owner and in a manner so as to set off a commercial burglar alarm. That action alone was enough to endanger the agents involved in a surveillance of a fugitive by revealing the whereabouts of the agents.
Secondly, the disarming of Mr. parks by placing his shotgun in the suspects own vehicle is certainly unwise and places the agent and his partners at a risk of potential danger. Thirdly, the Agents including the Supervisory Agent showed a clear disregard and understanding of the importance of maintaining a clear chain of evidence by the mishandling of the shotgun shells. It is clear even now that this chain was not correctly reported. The Supervisory Agent appears to have secreted evidence and until it was clear this was going to be an issue in the case did not see that evidence was turned into the Flint Police as is required. Fourth, the failure off the supervisory agent to fully cooperate with investigators constitutes a failure to carryout their responsibilities to a pending serious felony case. Fifth, the Agents Kowalski and Hughes did not file a supplemental report regarding their conversations with the elderly property owner at the FBI office"
Post Tue Nov 22, 2016 8:56 am 
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untanglingwebs
El Supremo

"By way of background, Mr. Daniel parks, is an Arab-American and has on several occasions he has been involved in the apprehension of criminals under nearly identical circumstances. He has received special recognition by Crime Stoppers for his activities in crime prevention and subsequently was named to serve on the Board of Directors of the Flint Area Crime Stoppers. Mr. Parks has always shown support for area law enforcement and has been a responsible and law-abiding citizen.

This matter arises out of an alleged assault of S A Michelle Harmon of the FBI by defendant Daniel Parks, when defendant responded to the call for help in the middle of the night from his neighbor Val Skripnik who believed his business was being burglarized.
Post Tue Nov 22, 2016 9:12 am 
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untanglingwebs
El Supremo

"1. A new FBI agent, Michelle Harmon was participating in surveillance with several FBI agents in a high crime ares in the City of flint. Agent harmon was positioned on private property without permission of the property owner val Skripnik. As a consequence of the poor selection of places to locate, she set off a burglar alarm at the commercial business that triggered the ensuing events.

2. The property owner, Val Skripnik, who lived above the business was awakened by the alarm and went to see if there was an intruder on his property. Before going to check alone he called his neighbor Daniel Parks to ask him to assist as Skripnik is elderly and it was late at night. Skripnik's wife telephoned the Flint Police to respond to the alarm.

3. Skripnik went downstairs and found Agent Harmon parked in a secluded part of his property next to his commercial business making him think she was a burglar. He confronted Harmon and she properly identified herself as a FBI agent.
Post Tue Nov 22, 2016 9:29 am 
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untanglingwebs
El Supremo

4. Daniel Parks, the neighbor summoned by the property owner Skripnik arrived in his van and positioned it so as to block the egress of the FBI agent. He exited his vehicle with a loaded shotgun with a round chambered. He had the shotgun at a readied position but not pointed directly at the agent according to Skripnik.

5. Defendant Parks shined headlights on the agent vehicle and see she is an FBI agent and lays his weapon down. Witness Skripnik said Defendant Parks never racked the gun and had it pointed at the wheel of Harmon's vehicle. Parks was then observed by Skripnik to place the butt of the gun on the ground.

6. Agent Kowalski, who arrived on the scene after the alleged assault,took the gun from Parks and removed four shells and turned them over to civilian witness Skripnik. Kowalski, per his report, then places the gun into Park's van.
Post Tue Nov 22, 2016 9:45 am 
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untanglingwebs
El Supremo

7. In a statement given on scene to Ofc. Willie Tate and Ofc. Poirot Dye of the Flint Police Dept. S A Michelle Harmon said defendant Parks exited his van and racked a shell into the chamber of his shotgun and pointed it at her as she was showing property owner Val Skripnik her badge and ID.

8. Defendant Parks denies pointing the shotgun at Agent Harmon and says he already had a round chambered and never racked the shotgun.

9. The FBI agens on the scene later learned from Skipnik the circumstances surrounding defendant's presence at the scene and advised they would release both Skripnik and Parks and return to their surveillance.

10. At some point FPD Lt. Terry Speedy arrives on scene to coordinate the investigation and runs incomplete information through LEIN and arrests Parks based on his belief that Parks has a felony criminal record. Parks advised Speedy that he had no felony record and had never been to prison. Speedy failed to follow up on this information and this ultimately results in Parks being lodged in the Genesee County jail for 2& 1/2 days. The four shotgun shells are taken from Skripnik and taken to FPD.
Post Tue Nov 22, 2016 10:08 am 
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untanglingwebs
El Supremo

11. Witness Skripnik obtains a copy of Sgt. Alan Barron's report and goes to the FBI office to address the discrepancies he noted in the FPD report. In the presence of SA Hughes, Skripnik advises Kowalski that Parks did not rack the shotgun. This prompts Kowakski to say "he gave me four shells,oh no, he said there were five shells in the gun." Skripnick responds, "no you gave me four shells ", and Kowalski replies "I kept one". Skripnik advised that at this point HUghes and Kowalski look at each other across the table and Kowalski says, "he (Parks) couldn't have racked the gun".

12. On May 9, 2002 Prosecutor's Office Investigator Tom Smith spoke with Sgt. Al Barron to discuss allegations that this office received that the FBI had evidence still in their possession relating to the case that they have failed to turn over. Later that day Barron advised Smith that Hughes called to state the FBI has the fifth round from the shotgun which hey "forgot" to turn in. On May 9, 2002 S A Michelle Harmon turned in the fifth shell to FPD IB Clerk Stacey Curnow on PR#217152.
Post Tue Nov 22, 2016 10:27 am 
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untanglingwebs
El Supremo

13. The 68th District court on 3/28/2002 issued the warrant on this case for Felonious Assault, and a pretrial was scheduled on 4/2/2002. This pretrial was adjourned due to the need for additional investigation. Since that time pretrials have been scheduled and adjourned to allow time for additional investigation on 4/22/2002. 5/7/2002 and 5/21/2002.. to date FPD has not followed up on the information provided to them by this office regarding potentially exculpatory evidence and inconsistencies in reports, despite being advised of it by this office. The next scheduled date for pretrial is May 29,2002. Due to the failure of FPD to follow up with further investigations the prosecutor's office investigative staff has had to provide follow up.

14. Despite numerous requests to the Flint police dept. there has been no report forthcoming from Lt. Terry Speedy.

15. The FBI office was contacted regarding the availability of its agents for interviews to clarify the above mentioned inconsistencies and an appoitment was made with S A Hughes for Tuesday may 7, 2002. Agent Hughes did not appear for this interview and when contacted he advised that a fax had been sent to his office from Agent Kowalski explaining why the agents would not be available to this office for interviews.
Post Tue Nov 22, 2016 11:10 am 
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untanglingwebs
El Supremo

16. To date no report has been received by his office from S A John Cecil who would be a res gestae witness witness in this matter.

17. The reports submitted by FBI agents in this matter appear to have been written contemporaneously and use virtually the same language describing the facts and circumstances of this incident. Identical police reports gives defense counsel with plenty of ammunition to attack the information provided as not being independently obtained. At the least, in my 20 years of experience in the legal profession. it is highly unusual to submit reports about such a serious incident that are nearly identical in diction and language. Frankly, it appears these are these agents got together to create a joint report.
Post Tue Nov 22, 2016 11:23 am 
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untanglingwebs
El Supremo

As a result of the above mentioned facts, it is apparent that there are several serious professional lapses by the FBI and Flint Police Officers. Initially, there is the problem of the detention of defendant Parks in the Genesee County Jail for longer than the permissible 48 hours. Parks was detained without charges being filed for almost 72 hours. During this time it would appear that no additional investigation was completed. This incident did not take place over a weekend when the department may have been short staffed. Therefore there s no acceptable reason to provide to the court why defendant was detained in excess for the 48 hour limit. Defendant Parks should have been released pending further investigation. This matter was never raised with the U.S. District Attorney for the Eastern District even though it was a federal agent who was allegedly assaulted.

The most pressing legal issue is the potential ethical violation caused by the failure of the FBI to turn over possible exculpatory evidence. Upon realizing that the defendant could not have racked the shotgun, Kowalski should have issued a report and turned over the allegedly forgotten evidence. Until I contacted the U.S. Attorney's office not all evidence was was turned over so that discovery may be provided to the defense. However, it is important to recognize the potential harmful affect that this type of egregious conduct on behalf of a law enforcement officer or agency could have on the ability of this office to mount an effective and successful prosecution. More so now than ever the public and thus juries are holding law enforcement to higher and stricter standards. Such conduct places a cloud over an entire prosecution that could be insurmountable.
Post Tue Nov 22, 2016 11:51 am 
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untanglingwebs
El Supremo

Additionally, follow up should have been done immediately after an eye witness advised agencies (the FBI and the Flint Police) hat there were discrepancies or errors in the police reports. The fact that they were called into question by Mr. Skripnik were facts essential to the prosecutor's charging decision and facts that could have indicated the innocence of the defendant.

In a conversation that I had with the Senior resident Agent William Kowalski shortly after the incident,he advised me that Defendant Parks "racked the shotgun and pointed the gun at his agent", FBI agents apparently told the Flint Police Department that " Defendant Parks "racked the shotgun" . Senior Resident Agent kowalski was confronted by the elderly man who was an eyewitness to this incident and told his report was wrong that no weapon was ever pointed at the Agent nor was a shotgun racked. Agent Kowalski did not file a supplemental report regarding his conversations with the elderly eyewitness. Seasoned investigators and prosecutors interviewed this witness and found his statement to be extremely credible. Curiously, the reports of Agent Harmon, the alleged victim, were submitted on FBI forms, she does not contend that Parks' shotgun was racked. This of course is inconsistent with the initial statements to police and to myself.
Post Tue Nov 22, 2016 12:45 pm 
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untanglingwebs
El Supremo

The Genesee county prosecutor's Office is a large office and handles approximately 3,300 felony prosecutions each year. I have been Prosecuting Attorney for nearly 10 years. I have never seen a circumstance where a federal or state law enforcement officer refuses to cooperate with investigators of this office. I find it highly unprofessional and a gross neglect of the responsibilities these agents took to refuse to provide information to the prosecuting official when requested about a pending felony case in which there were a res gestae witness.

When I discovered that evidence appears to have been withheld by FBI agents I directed my investigators to assist the Flint Police and contact the agents immediately. Agent Hughes made an appointment with them and then cancelled the appointment apparently at he orders of his supervisor.
Post Tue Nov 22, 2016 1:02 pm 
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untanglingwebs
El Supremo

A credible police executive provided information that Agent Hughes inquired of him as to the "powers of the Prosecutors office investigators". Apparently the agent was worried that he might find himself investigated for criminal behavior by this office. Shortly after this, Agent Kowalski sent a letter directed to me dated May 3, 2002 and Agent Hughes cancelled his interview with our investigators. Agent Kowalski's letter advised me hat neither he nor his agents would cooperate with investigators of this office. I sent a letter to Agent Kowalski and urged him to reconsider and fully cooperate with investigators . To this day the FBI agents have not cooperated with the Prosecutors Office.

For your information, I personally contacted Robert Ianni, Chief of the criminal Division of the Attorney general's Office. I briefed him on the facts of this case and further asked his opinion as to the advisability of continuing this case or for that matter referring it to another prosecutor. Mr Ianni suggested that the case be dismissed.
Post Tue Nov 22, 2016 1:21 pm 
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