UPDATE – Malinowski / ASP Lawsuit

Nov 16, 2024

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If you remember I have done an extensive investigation into the ATF raid that ended with the death of Bryan Malinowski on March 19th.

On August 6th I announced that I, along with my attorneys Joey McCutchen & Stephen Napurano, (Joey seated Stephen standing),  filed a lawsuit against the ASP for concealing and failing to provide me up to 20 records that I had requested through the AR Freedom of Information Act. (click link below)

https://www.facebook.com/share/p/15F9XWjAjm/

Even though the ASP and the Department of Public Safety are staffed with competent attorneys, the ASP is being represented by Attorney General Tim Griffin’s office.

Could that be at the request of Governor Sanders in the hopes of protecting the ASP from a self-induced big black eye ?

AG Tim Griffin’s picks to handle the case for his office are Justin Brascher and John Payne.

Since the suit was filed, Brascher and Payne have filed two motions to quash the lawsuit. Both were brilliantly answered by Napurano which resulted in both being denied by Pulaski County Circuit Court Judge Timothy Fox.

(see Orders attachments 1 & 2 and answer 3 – 12)

One big contention in the lawsuit is that the ASP did not provide me with the video interviews ASP investigators had with the 13 Officers who conducted the raid.

ASP claims the interviews were not videoed and do not exist….We believe they were videoed and back that up with an affidavit from David Whisel who is an expert in audio/visual and metadata analysis.

 

Do these videos still exist ???….If that answer ends up being no, then the ASP will have a whole new serious issue to try to defend.

Buckle up because the AG’s office can’t stall any longer for the ASP….and it’s about to get real.

I’ll provide updates as the Case progresses.

NOTE – You can access all the Court records to date at this link – caseinfo.arcourts.gov/opad/case/60CV-24-6622


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