Rackauckas Speaks! “Everything Is Open”


Yesterday KFIs John and Ken had an opportunity to interview our District Attorney, Tony Rackauckas on the subject of the Kelly Thomas death investigation. Normally I wouldn’t hold out any hope at all for a lucid explanation of what was going on from T-Rack. After all I’m one of the people who refer to Rackauckas as our “Do Nothing DA” for his historically lackadaisical approach to wrong-doers who also happen to be elected officials and cops.

Rackauckas actually did pretty well, for him. The keynote was his claim that “everything is open.” Again, normally I would take that to mean: everything is open – including, and most likely, no findings and the cops skate, as usual. This is different. Although T-Rack claimed he saw no evidence that there was a deliberate intent to kill, he also said that the video is “core evidence” which strongly suggests that he may actually do something.

Now this may be no more than lawyer speak but I am guardedly optimistic, especially since Rackaukas admitted that his investigators have not spoken to any of The Fullerton Six who have refused to speak to them. He also indicated that it wasn’t absolutely necessary to talk to them given the core evidence. Hmm. It seemed to me that the DA was tossing out backhanded signals that some of the cops may want to sing if they want to avoid a long state prison stay for second degree murder. Of course maybe I’m reading too much into this.

On the down side Rackauckas refused to take blame for appointing and not removing Stan Berry,  a good friend of Fullerton Police Chief Sellers to the investigation. This looks bad to everybody in the free world, except Rackauckas. And he said nothing about the possibility of cops cooking up their reports in concert.

 

 

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  1. #1 by Carol on August 9, 2011

    how open is OPEN?? Im not convinced and he did not impress me- especially with his double talk -”No one tried not to interview them’ in re; to the 6 cops….now what the hell does that mean?????

    • #2 by Cynthia Ward on August 9, 2011

      I choked on my soda when he said that.

    • #3 by SDLocal on August 9, 2011

      I heard that one too.

      ”No one tried not to interview them.” Say what?

      Benefit of the doubt would submit that what he was trying to say is “we weren’t purposely avoiding the interviews,” but who knows what was rolling around in his head. He sounded a little nervous to me, as well he should.

      It was clear that Rackauckas was tip-toeing through a lot of the interview, and for all I know he lied through the entire bit in order to push the idea that a legitimate investigation was underway. We’ll know soon enough.

      But here’s the thing — nobody at FPD or the City expected the public outrage and extended blowup that has resulted from Kelly’s murder. We’ve seen these things before, and it’s true that most of the time they do blow over pretty quickly. This is different; thanks to FFFF, KFI 640, and the citizen protestors, not only is Kelly’s murder NOT “going away,” it’s growing — especially locally. And although the outrage has spread all over the globe, it’s still a local issue, and this is where the battle will be fought and won.

      I don’t think the six cops who killed Kelly are hanging out at the beach drinking beer and laughing. No way. Not now. They have the advantage in this situation — sad to say — and as I said, we’ve seen these things happen before.

      What we haven’t seen very often is this type of continuous public pressure and scrutiny following a murder by cop event, and I figure the murderers and their protectors are entering a world of trouble they could never have imagined. That’s good.

      Everyone needs to stay on point, keep Kelly’s story moving, and be patient. We’ve all heard the phrase “rats leaving a sinking ship;” well, they are, and it will only take a few key rats to blow this nightmare wide open. This will be a good thing for everyone — except the killers et al., and they deserve all the pain that justice allows.

      I was born and raised in SoCal — I’m 55 — and I’ve always loved Orange County. I actually remember the orange groves! I’m a long-time San Diego resident but we’re moving to OC in a month or so (permanently), and I really consider myself a friend of Fullerton’s future. I enjoy Fullerton and I’m truly looking forward to being a Fullerton neighbor.

      Kelly’s murder is a terrible, outrageous crime that will reverberate through the community for a long time; maybe forever. But maybe — maybe — if justice is properly served and honest, lasting reforms are installed, Kelly may unwittingly become one of Fullerton’s community heroes. He already is, when you think about it.

      • #4 by mr. boo on August 9, 2011

        while the fact the McKinley 6 haven’t been interviewed by the D.A. is galling, if someone is being investigated by law enforcement, they have the right to obtain legal counsel and not answer any questions. It’s a rotten deal, but that is the legal process. Of course, if you have nothing to hide, why not talk to the authorities? Figure that one out…

        • #5 by SDLocal on August 9, 2011

          Everyone always says the best thing to say and do in a potentially dangerous legal situation is NOTHING until you speak to a lawyer, and I get that. Hell, I’ve been there (once), and it saved my bacon. Here’s the thing though, I actually was innocent, and my attorney got me through the system and the DA dropped the charge. So I totally agree with you on that point. Absolutely. That’s the name of the game.

          But what’s bothering me is that the six are the best witnesses in Kelly’s case — they are the guys who can absolutely describe and explain in detail what happened — and the DA cannot interview them because they have lawyered up. YES it is their right, absolutely, but as you noted mr. boo, their actions do not exactly speak to their presumed innocence.

          Pressure and patience are the keys to justice for Kelly. We know he’s dead, and we know he was killed in the gutter, but that’s all we know. I know that sounds terrible at first pass — there will likely be a multiplicity of charges (and hopefully convictions) — and that will take time. That’s just the way of it.

          Stay on point, move Kelly’s story forward, and be patient. Kelly’s murder will never go away as long as we don’t.

      • #6 by Curator on August 9, 2011

        It says. “They (fullerton 6) have refused to talk to them (the DA’s office) They lawyered up. He can’t talk to them

    • #7 by Joe Sipowicz on August 9, 2011

      Poor Tony isn’t very eloquent so you have to cut him some slack. On the otherhand I too was underwhelmed by his description of his office’s performance.

      And I have no doubt that if it weren’t for FFFF and the publication of the Kelly Thomas image this whole thing would have blown over by now and T-Rack would never have even heard of it.

      • #8 by SDLocal on August 9, 2011

        I agree. It’s likely that by the time the six ended their shift that night — July 5th — they figured this crime was more or less already in the taillights.

        Well, it wasn’t, and it still isn’t. Again, congrats and thank you to FFFF, citizen protestors and KFI 640.

        Keep up the good work. The constant media, community and political pressure will pay off, sooner rather than later.

    • #9 by Don on August 10, 2011

      Bottom line here is that the government is watching the government and it’s all behind closed doors, AND we’re allowing this to happen.

  2. #10 by EastCoastSecurityEngineer on August 9, 2011

    “Do Nothin DA” better do something. The police cover ups are getting out of hand.

  3. #11 by gabriel san roman on August 9, 2011

    Um, Ron Thomas has medical records showing brain injuries his son suffered due to blunt force trauma while T-Rack is still pondering manslaughter/excessive force…

    “Murder” is just a protest sign now.

    • #12 by EyeNeverSayNo on August 9, 2011

      Yes, and apparently the initial autopsy also showed that a lack of oxygen to the brain contributed to KT’s death, that would be from the “drop knee” to his larynx allegedly administered by Officer Cicinelli. That is an act of murder and those that were holding him down are accessories to murder. And yet T-Rack isn’t sure that excessive force was used. Unbelieveable.

      • #13 by Free Spirit, My Ass on August 10, 2011

        You sound like you were there. The “knee drop” to the throat? When did that happen? At the end of the fight, I suppose you’d answer, because his yelling would be hard to do with a crushed larynx. I’m sure glad you guys have the whole thing wrapped up with regard to exactly what took place.

        • #14 by Citizen on August 10, 2011

          Enlighten us then.

    • #15 by Joe Sipowicz on August 9, 2011

      True. The “investigation is ongoing” is just temporizing until Rackauckas can figure out what to do. I believe the DA is pondering Second Degree Murder at the high end and is using this insinuation to get one or more of the Fullerton Six to squeal. I could be 180 degrees wrong.

      The one thing that concerns me is the possibility that the cops and a downtown bar owner conspired to really hurt Kelly – with malice aforethought. If that’s true and some supporting evidence emerges then you’ve got conspiracy issues and possibly First Degree Murder issues.

      • #16 by What? on August 9, 2011

        So a downtown business owner could be guilty of conspiracy to commit a felony?

        Gee I wonder who would do such a thing?

      • #17 by mr. boo on August 9, 2011

        Joe, do we know for sure that a downtown bar owner made the call, or whether it was a manager or a bartender. And whether a call was even made from that bar? (I’m not saying it wasn’t, but has anything been conclusively proven, or at least admitted to?)

      • #18 by Free Spirit, My Ass on August 10, 2011

        You must be on drugs. Conspired to kill Kelly? Is that because he was purported to be the leader of a roving gang of homeless cigarette butt smugglers seeking to sell them in the DTF area? Pull your head out! Conspired….what a douchebag.

  4. #19 by discarted on August 9, 2011

    …”especially since Rackaukas admitted that his investigators have not spoken to any of The Fullerton Six who have refused to speak to them.”

    If these weren’t cops who killed Thomas, the Fullerton PD ( actually, any law enforcement agency for that matter) and the DA would be in front of news cameras using one of their go to tactics in order to mislead the public as well win their support by labeling the non-talking suspect(s) “uncooperative”. Thus, insinuating that the suspect(s) had something to hide. That’s even when the suspect is innocent.

    But in a case like this where the crime involves police officers breaking the law and killing someone, none of that occurs. The law and rules simply do not apply and people accept that as the standard operating procedure. It’s unacceptable.

    Any non-cop would be in jail at this point for killing Thomas.

    • #20 by nipsey on August 9, 2011

      “Any non-cop would be in jail at this point for killing Thomas.”

      Yep. And any non cops who got together and reviewed evidence (the video) to get their story straight would be involved in conspiracy.

  5. #21 by EyeNeverSayNo on August 9, 2011

    Wait a minute, T-Rack is also saying that his office is still “trying to determine if the officers used excessive force.” Kelly Thomas was beaten to a pulp and DIED, and T-Rack isn’t sure if they used too much force??? WTF? I will now be very surprised if anything close to justice occurs without state or federal intervention.

  6. #22 by FullertonGirl'04 on August 9, 2011

    I am new to this blog so bare with me for not following the comments in sequence. I am so deeply saddened about what happened to Kelly Thomas but hopeful that this incident can bring forth all the previous corruption of the Fullerton PD. I understand that it is important not to generalize all police officers but the “good” cops should be the ones to stand up for their image that they represent. I have seen first hand in my 25 years in Fullerton so much arrogant, rude pigs that have used their power for the worst. Like it was mentioned before THEY work for US not the other way around. I’m tired of being scared in my OWN TOWN when a cop is following me.

    I truly hope justice is served in this case, and Fullerton is such a small quaint town that we have the power to make a rumble to ensure that something like this doesn’t happen again.

    Thanks to FFF and FullertonStories.com it can be said that local journalism DOES have power over corruption and mainsteam media. Witnesses should not be scared to come forth, let’s utilize our 1st Amendment right for the greater good of our town. Let’s prove to the City Council that we have a voice and power to recall.

    These jerks give themselves bonuses with OUR hard earned tax dollars yet when a case like this emerges, they barely have anything to say??is what we pay you for!!

    So when’s the next protest?

    PUNK ROCK BABY!

  7. #23 by merijoe on August 9, 2011

    Well of course the Rack is not going to say anything negative about Berry, i didnt think he would-hes not wanting to cause a rackacaus in the dept, but anybody who’s over age 8, and is not plant life knows that Berry’s close, BFF relationship with Sellers is going to be a conflict and he should not be on the case – it looks real bad to everyone except this dim bulb and im quite sure Berry is going to give Sellers and his coppers special favors.

    I think The Caucus did well because he was asked some damn good questions and was not able to worm out of point blank answers.

  8. #24 by ANNOYMOUS on August 9, 2011

    Could someone out there tell me, as a newcomer to this county, why the DA’s office has only one time, out of at least fifty cases of alleged police misconduct, filed charges against law enforcement?!!? Is he lazy, or just paid off?!

  9. #25 by Whittierite on August 9, 2011

    The D.A. was smooth and vague in the Dave Lopez CBS interview, and downplayed the value of the tape. However, he sounded nervous when he stammered through John and Ken’s interview. They got much more information out of him than CBS, primarily his admission that the city’s tape was a “core piece of evidence” and “substantial.”

  10. #26 by Ignacio Lopez on August 9, 2011

    If you think Hitler and SS is bad…read on. Orange County District Attorney Office is snakes guarding the hen house and never trust them with powerful Police Unions behind. We do not know how these crooks in Orange County and Fullerton getting a powerful positions and get away with murders for too long?
    They ARE trying to wait this out. Like many unknown victims in the hands of Orange County Sheriffs and Fullerton Polices, Kelly Thomas’ death will vanish in the air and gone with the winds.
    The sooner the FBI get the spray out and decontaminate the Orange County hall the sooner justice will start.

    • #27 by Anonymous on August 10, 2011

      Foxes guarding the hen house. Foxes. That’s the saying. Not snakes.

  11. #28 by Corrupt on August 9, 2011

    So the next time a cop stops you, all you have to do is scribble down something, hand it to him and tell him you have a lawyer and drive off?… basically that is what T-rack said

    • #29 by ON POINT on August 9, 2011

      Good idea

  12. #30 by ANNOYMOUS on August 9, 2011

    Ignacio, maybe the State Attorney General and/or The Department of Justice (DC) should relieve the OCDA of their investigation and take over—In the name of justice for this case and all past and future cases.

  13. #31 by Cletus on August 9, 2011

    When and where is the next protest?
    We can’t stop now and it’s our duty as citizens as well as humans to pursue this until the iron gate closes on these six subhumans.

    • #32 by CH123 on August 9, 2011

      This Saturday from 9am-3pm in front of the police station and city hall on Commonwealth.

  14. #33 by AMERICA has become a Police State! on August 9, 2011

    Please sign this petition to Congress:

    http://www.petition2congress.com/4898/kelly-thomas-law/

    • #34 by Anonymous on August 9, 2011

      Fuck off.

      Internet petitions are a joke and have ZERO credibility because anyone can fill it out (I’m sure you’ve submitted about 50 petitions on your own).

      All congress is going to do is move all of the crap emails from petition2congress to their spam folder.

      Not to say your ideas arent noble but …come on.

  15. #35 by Tracey on August 9, 2011

    FULLERTON — The city manager is asking for an independent consultant to conduct an internal investigation into Kelly Thomas’ death.

    City Manager Joe Felz said through a statement Monday that he will ask the City Council to approve hiring Michael Gennaco, a specialist in examining law enforcement agencies and chief attorney for the Los Angeles County Office of Independent Review.

    The civilian oversight committee was created in 2001 by Los Angeles County supervisors to monitor the Los Angeles County Sheriff’s Department.

    “I think (the examination) will start with the (Kelly Thomas) incident and the issues that come out of the incident,” said Gennaco, who has conducted impendent reviews in several cases involving Orange County law enforcement agencies.

    Gennaco will examine the Fullerton Police Department’s training, use-of-force policies and methods on dealing with homeless and mentally ill individuals. He will also look into procedures related to accountability and discipline within the department.

    Thomas, who had schizophrenia and was homeless, died July 10, five days after a physical encounter with six police left him with severe head and neck injuries.

    Felz plans to organize a special City Council meeting to expedite the hiring of Gennaco.

    Advertise | AdChoicesAdvertise | AdChoices
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    .If it is approved, Gennaco’s examination of Thomas’ death will parallel independent investigations by the FBI and the Orange County District Attorney’s Office.

    “The recommendation to hire Mr. Gennaco is consistent with the city’s stated desire from the outset for an independent review and transparency on all matters related to the Kelly Thomas incident,” Felz said in the statement. “The death of Mr. Thomas is a tragedy that has deeply affected the entire community.

    “Mr. Gennaco’s review will provide a comprehensive look at policies and procedures at the police department, and if there are problems found, he will make recommendations on corrections.”

  16. #36 by duh on August 9, 2011

    who cares what rauckaus says or the city manager… i thought the fbi has taken over the case……aren’t they a higher power then a county da????????
    and doesn’t the octa (bus) have their own people to investigate? if they are producing a tape and the driver/employee have knowledge the there is some liabilty on their end. and it aslo happened on their property. not that they have done anything wrong or anything criminal but they should have their own team to look into thses issues.

  17. #37 by Robespierre on August 9, 2011

    “.. the DA was tossing out backhanded signals that some of the cops may want to sing if they want to avoid a long state prison stay for second degree murder ..”

    You nailed it Sipowicz. T-Rack is speaking in code to the murderous cops.

  18. #38 by Cynthia Ward on August 9, 2011

    This from the same DA who did not pursue charges for perjury when the cop seems to have lied about what was taking place on that videotape? http://www.fullertonsfuture.org/2011/fpd-perjury/
    Yeah, I am not buying anything the DA is selling.

  19. #39 by merijoe on August 9, 2011

    yeah, duh, I was wondering that too. We havent heard anything from the FBI-does the DA work hand in hand with them? if so, ut oh

  20. #40 by Jiminy on August 9, 2011

    Fullerton cops don’t seem to understand how pissed off the citizens of this town are. When you see one, flip him the bird. Its your legal First Ammendment right to do so, proven in numerous court cases. If the cop asks you why, tell him “this is for Kelly Thomas.” if he pulls you over, stand your ground and shoot video of him on your cell. Maybe we can piss off another one of these arrogant thugs enough to commit some more acts of police brutality. Then you can sue for everything they’ve got.

    • #41 by Free Spirit, My Ass on August 10, 2011

      Yeah, out of 140,000 residents, all 50 of you on this blog are pissed. BFD. The other 139,950 still support them. Flipping them off will reallllllly hurt their feelers. Dickhead.

      • #42 by Citizen on August 10, 2011

        Actually, Free Spirit, almost all of Fullerton’s residents still support the police department and are able to distinguish between those who are mishandling this tragic situation and the other Fullerton police officers. What they don’t support is covering up for police officers who do not follow the same laws that the other citizens must follow.

        • #43 by MCR on August 10, 2011

          Please don’t speak for us! The problem most of us citizen’s have is we have a PD willing to dupe and confuse us citizens with a leader that disappears when we need him most! And no… part of our problem is we CAN’T “distinguish…the other FPD officers.” There are plenty of people defending the rotten 6. How do we know others that might have showed up that night would not have acted the same? There may be good cops in the FPD, but there is obviously a culture that allowed the tragedy first and then the comedy that followed. Some day maybe the good cops will come to the forefront. Haven’t seen any yet! The silence is still deafening.

      • #44 by NYC on August 10, 2011

        If you’re supporting them then why are you wasting time with the 50 of us here? Go sit in front of the precinct and give out hugs to your valiant men in blue, nobody wants you here.

  21. #45 by John on August 9, 2011

    When will the people get it, The DA is one corrupt mother! The record speaks for itself [only once in his years here,has his office filed a formal criminal complaint!!] HE SHOULD BE PROSECUTED, PERIOD!!

  22. #46 by Tony Serra on August 9, 2011

    A copy of the J&K Tony Rackauckas interview should be included in emails and letters to kamala harris and The US Justice Department.

    If his defense (or lack thereof) with regard to Stan Berry (who ADA’s call Strawberry BTW) is any indication of his seriousness about bringing charges.

  23. #47 by duh on August 9, 2011

    @32 jiminy, that is ignorant….. you want to possibly have an innocent person try to piss off a cop and be subject to some type of injury…….STUPID!!!!!!and u are how old???

    • #48 by Jiminy on August 10, 2011

      You have a first ammendment right to flip off a cop. You cannot be arrested for it. There have been multiple cases where people have been arrested for flipping off cops, sued the Police department, and won. Some jurisdictions even warn their officers that being flipped off is protected speech under the first ammendment. Not Fullerton I bet. Let’s find out. Just make sure you record it with your cellphone so we can continue to document FPD’s arrogant brutality towards the citizens they are paid to “protect.”

  24. #49 by John on August 9, 2011

    Tony Serra, one can do this plan, but don’t you think that the State Attorney General and the US Justice Department has known about Rackackaus track record all these years!! This is a nationwide and world wide crisis!!

    • #50 by tony serra on August 10, 2011

      Except for both of these two are new to their respective offices.

      Thisis EXACTLy how Corona got nailed……Eventually the US attorney acted.

  25. #51 by Anonymous on August 9, 2011

    For the first time since this tragedy came to light John and Ken have begun their show with other issues—Even they use our story to make ratings, not to keep the fire going. Main stream media, one can not TRUST them!!

    • #52 by Anonymous on August 9, 2011

      John really kept this story going but Ken (who was on vacation for a week) came back and made jokes about the beating and defended the cops.

      • #53 by merijoe on August 9, 2011

        are you nuts? listen to the podcasts, no he didnt and he is as outraged as anyone

    • #54 by SDLocal on August 9, 2011

      You’re right. But this is SoCal, and KFI 640 is obliged and compelled to cover all of it. And they do.

      KFI 640 has been true blue on Kelly’s story from the moment they stepped in.

      John and Ken are huge in moving Kelly’s story forward. They’re bringing Kelly Thomas and Fullerton into the SoCal mindset, and that will matter when Kelly’s murder finally winds it’s way into the courtroom.

      There’s no telling where this will end, but we all know that Kelly’s civil rights were stomped that night. The Fullerton police killed him, and we cannot let that go.

      It started local at the bus stop, but Kelly might be going federal. Cornpone Jones can’t stop this; Kelly Johnson owns him now.

  26. #55 by SDLocal on August 9, 2011

    Tony is coming up on John and Ken KFI 640 after 4:00 today. He’ll be discussing the recall.

  27. #56 by Joey4justice on August 9, 2011

    http://www.facebook.com/groups/KellyThomasPeacefulProtest/
    this is where I am organizing thoughts and ideas for the protests. This page is hate free we seek passionately to fix Fullertons problems but we do not believe in hate speech and violence.

    • #57 by Anonymous on August 9, 2011

      1. If you see a Fullerton Police Officer stopping someone, park in a safe place, grab your video camera and film their activities.

      Keep your ID handy, be cooperative, stay out of their way and don’t let them them draw you into a 148 (a)(1). It wouldn’t hurt to have a 2nd friend nearby with a 2nd video camera.

  28. #58 by Justice for Kelly on August 9, 2011

    I created a page for Kelly Thomas. Please support.

  29. #60 by SantaAna Resident on August 9, 2011

    I have no idea why anyone would trust the OC DA, Tony Rackauckas is an entitled corrupted whore of the highest order.

  30. #61 by Big Rock on August 9, 2011

    Get rid of Rack-CA-CA.
    He looks like a hypnotized zombie during the news interview declaring that in his opinion the officers did not murder.

    It was as if he was repeating the same verbiage that quite possibly his PR staff helped him remember.

    Get rid of the entire lot of heathens who think murder is merely a time-out.

  31. #62 by K Teas on August 9, 2011

    I think the DA was stating that he did not see intent to kill, thus relieving the 6 cops of murder charges. But that still leaves, manslaughter, excessive force, felony assault, abuse of civil rights under the color of authority, and ad to that possible false arrest reports and use of force reports, these cops have a lot of jail time to look forward to if convicted.

    I believe no matter what the OC’s DA office is doing, the FBI investigation should be independent of the counties. They will be investigating the abuse of civil rights under the color of authority (a federal crime).

    I also think the city of Fullerton has a lot of explaining to do if independent investigations show no internal investigations prior to the public outcry. This incident as should have raised red flags and triggered an internal investigation long before any public awareness. If not, your current city government needs top down rebuilding. They all need to go

  32. #63 by Traveller on August 9, 2011

    I’m In London where the streets are on fire, this due to a police stop gone wrong a few days ago and a general distrust of the police. I don’t agree at all with the riots, but people here are rightly frustrated.

    Compare the response from a major London newspaper linked below with the lying bullshit from Fullerton PD and Tony R. 5 days for The Independent Police Complaints Commission (IPCC) to give preliminary findings to the public. It’s been over a month in Fullerton, no findings from the police investigation and the OC DA is already saying there was no wrongdoing by the cops.

    http://www.guardian.co.uk/uk/2011/aug/09/mark-duggan-police-ipcc

    http://www.guardian.co.uk/commentisfree/2011/aug/09/met-communications-department-mark-duggan

  33. #64 by Anonymous on August 9, 2011

    The people are getting fed-up with the big time police state thuggery being slammed down their throats. Enough is enough!!

  34. #65 by Scott on August 9, 2011

    Hey Joey4Justice how can one see you at the protest this saturday?

  35. #66 by Joe on August 9, 2011

    When the people fear their government [police are the "strong arm" of the government] it is TYRANNY. When the government/police fear their people it is LIBERTY.
    Thomas Jefferson

  36. #67 by Reality Check on August 9, 2011

    Someone else linked this but I’m reposting it.

    Witness accounts of incident. Sickening.

    http://www.youtube.com/watch?v=a_NDDB-esqU

    • #68 by disgusted on August 9, 2011

      That is the most in depth report on what happened, unlike the crap reporting of OC Register or any of the televised reports. We would know almost nothing if not for the picture, the video that escaped confiscation, and the bus recording. Lame stream media is a FAIL.

  37. #69 by Anon on August 9, 2011

    T-Rack has to appear to be a good DA as there is too much graphic coverage of Kelly Thomas’s demise.

    This my response to the comment below and under the stars…

    Agreed we don’t know exactly how Kelly Thomas died but the photos and videos don’t seem to help or support the police involved.

    Also I wouldn’t be so sure that Kelly Thomas was totally crazy. After all he was crying for his Dad and God just before he lost consciousness.There is a great movie called “One Flew Over The Cuckoos Nest” showing a snuffed out a life, but that character was not crazy, just in the wrong place, with the wrong people, just like Kelly Thomas was.

    Other people have said that Kelly Thomas was “schizophrenic” but I wouldn’t trust that label or those who labeled him- NECESSARILY!

    ALSO just because Kelly was not compliant does not mean he should lose his life and be hacked to death.

    He should have received handcuffs THAT’S IT. And do we even know that he was the car burglar? And even if he was – does he deserve to have his face smashed in – in this way. After all THE POLICE ARE NOT THE LAW, the sentence was to be determined by a court of law.

    There are many problems in California regarding secrecy which assists a serious problem of police brutality, Official corruption and lack of accountability in California by officials aided by the 9th Circuit Court of Appeals and even the US Supreme Court.

    The Califonria Federal Courts are aiding and abetting in guaranteeing that California people’s civil rights will continue to be snuffed out, and violated with impunity in California by certain police who at times cover up frame and then after assault and batter the victim , OR MURDER THE VICTIM, or use corrupt California judges and/or prosecutors to frame the victim of police brutality.

    The California Federal Courts are currently using ridiculous decisions as Pony v. County of Los Angeles 433 F3d 1138 (2006) which relates specifically to California to terminate civil rights cases in California, even though this 2006 ruling conflicts with Federal U.S. Constitutional law, Supreme Court decisions, and the intent of the applicable Federal Civil Rights Statutes such as 42 USC 1983, 42 USC 1985, and 42 USC 1988 and the civil rights act itself..

    See Links below for the Pony case:

    http://caselaw.findlaw.com/us-9th-circuit/1095926.html

    Pony v. County of Los Angeles 433 F3d 1138 (9th Circ. January 11th 2006) was written by Judge Jay S. Bybee who was promoted to becoming a 9th Circuit Court of Appeals Judge exactly 1 year after ratifying the TORTURE MEMOS for the Bush Administration.

    In addition the US Supreme Court is not helping with decisions like Los Angeles City v. Lyons 461 U.S. 95 (1983)

    http://www.oyez.org/cases/1980-1989/1982/1982_81_1064

    Since Californa police have found BRAND new ways to kill people and don’t need chokeholds any more.

    If the death of this man – is what it seems to point to in the photo – that the police became irrational and went ballistic- this is not just a problem of rogue police and sleeping California police chiefs & Officials who turn a blind eye,

    This is a problem in the same vein as Watergate, and Rupert Murdoch’s phone hacking scandal where there is implicit knowledge and approval from executives at the top about the Police misbehavior, but the end justifying the means, and it doesn’t matter if the means is criminal – or beyond the pale using extreme excessive force, and cover-up.

    It is a problem that reaches deep, is entrenched and continues all the way up the court system and which gives police a license to kill its citizens, even if the killing is not justified.

    THE US SUPREME COURT AND THE 9TH CIRCUIT COURT OF APPEALS HAS BLOOD ON ITS HANDS-BECAUSE OF THEIR PAST DECISIONS …

    ****************************************************
    The Fullerton Police Department is comprised of 153 sworn officers that patrol this Los Angeles suburban community.

    A mentally ill homeless man, Kelly Thomas, 37 was investigated by patrol officers for a vehicle burglary. A deadly melee erupted during an attempted arrest. Little has been made public about the incident other than the slightly built suspect was tasered more than once, screamed for help and died. Six officers were involved in the melee and two of them reportedly suffered broken bones.

    Immediately, members of the public, news media and at least two members of the City Council rushed to judgment assuming a murder was committed by officers acting under color of law.

    The entire event was reportedly captured on city surveillance video that has yet to see daylight. We can only guess what the video shows.

    On its face, the incident appears to be an act of manslaughter or worse by the officers. Thanks to modern surveillance camera technology, medical forensics and obligatory interviews the matter can be fully and fairly investigated. The gossipmongers and the police haters need to step aside.

    The FBI is conducting a probe to see if Thomas’ civil rights were violated. The department and prosecutors are in the process of making a comprehensive review of this death. Speaking of death, the Medical examiner’s report was not yet released so we don’t know what caused Thomas’ death.

    This is a case where the public, Thomas’ family and the officers deserve no less than a full and impartial investigation. If there was a crime committed by the officers I’d fully support appropriate prosecution.

    This investigation can’t be about judging the officers by the emotional behavior of those out to lynch the involved cops. It’s grossly unfair for anyone to scream cover-up during the ongoing investigation.

    Let’s let the case unfold and deal with real evidence rather than hate.

    It appears that Kelly Thomas was victimized long before he died by his own family, the government and medical providers. They all failed to intervene and help this troubled fellow. No matter what, this was a tragic and troubling event.

    I also fault the pathetic public records laws of the State of California for causing unnecessary suspicion through a vile form of secret government.

  38. #70 by merijoe on August 9, 2011

    Well it comes down to this:all those cops need to go to prison for life and be raped 3 times a day.

  39. #71 by JLK on August 9, 2011

    No National Outlets are covering this! CNN tried but I feel the fire is slowly burning out. We need a spark guys!!!

    • #72 by Anonymous on August 9, 2011

      At this point you have 3 options:

      1. Hope someone leaks the video of the beating or hope someone else uploads a better video to youtube.

      2. Riot.

      3. Hope that a fullerton pd officer …who is supposed to be on leave but is still on duty …beats a soccer mom to death …right after she …leaves church.

      Unless that happens, the media is going to lose interest.

      • #73 by Cop Hater on August 10, 2011

        @ Anonymous,

        I’ll take a number 2 please, super sized with a root beer.

    • #74 by Free Spirit, My Ass on August 10, 2011

      You should let Merijoe be your spokesperson. She has a way with words and I’m sure that everyone would take her seriously. I assume she must feel better after venting on this blog. It’s good to get it out, Merijoe, just let it flow. That’s it…..breath…..good air in, bad air out. Now, don’t you feel better?

  40. #75 by merijoe on August 9, 2011

    look at this article by the jackasses at OC register http://www.ocregister.com/articles/fullerton-311441-police-chief.html

    • #76 by Lakewood on August 9, 2011

      Wow! They are corrupt jackasses. DO NOT TRUST THE OC REGISTER!

    • #77 by Free Spirit, My Ass on August 10, 2011

      Merijoe: Sounds like it was written by a rational person who is willing to let the system, in all it’s forms, work and conduct their investigations before rendering a decision as to how to proceed. That’s exactly why there are at least 3 entities conducting investigations into this incident. All of the evidence will come out at some point, whether it confirms what most everyone on this blog believes or otherwise. Everyone needs to calm down, be patient and allow the investigations to bring to light what happened, and, more importantly, why it happened.

      • #78 by EastCoastSecurityEngineer on August 10, 2011

        @Ass,

        quote “All of the evidence will come out at some point, whether it confirms what most everyone on this blog believes or otherwise.”
        Are you honestly insinuating that something other than Thomas being beaten into a coma by the officer(s) happened that night?
        FPD investigation appears to be a complete joke and embarrassment.
        OCDA investigation is very suspect given the DA’s track record, conflict of interests with one of his investigators, and the DA’s recent statements.
        FBI investigation….I hope they bring justice.
        The writing is on the wall, only a matter of time before we all see the city PTZ footage.

    • #79 by disgusted on August 10, 2011

      If I had a subscription to this rag, the OC Register, I would cancel it.

  41. #80 by merijoe on August 9, 2011

    This is complete tyranny- Chief Josepf Sellers Mengele and his gestapo should all be jailed and butt fucked. They can call us Mob mentality or Lynch Mob’s if they want- better than cowing down and taken over by nazi’s – If we dont fight then the animals in costume will think they can get away with this stuff

    • #81 by Free Spirit, My Ass on August 10, 2011

      Merijoe, there you go again. You got a thing about anal, don’t you? I knew you were a team player. You really need to try and relax. I guess if all this talk about anal works for you, why not? Try to take a deep breath and let it in…if you know what I mean. It might make your statements more coherent. Good Luck.

      • #82 by CH123 on August 11, 2011

        Um, you clearly wrote what you’re saying “merijoe” wrote.

      • #83 by malasangre on August 11, 2011

        you are a jackass

  42. #84 by myface on August 9, 2011

    follow this on facebook as well. tell your everyone you know. spread the word. we won’t rest until these cops see justice.

    Justice for Kelly Thomas:

    https://www.facebook.com/pages/Justice-for-Kelly-Thomas/202121386512154

  43. #85 by Peter on August 10, 2011

    Is rioting an option? [now or in the future if there is injustice!] Sorry to say, but what would be happening, if this was a black man that got murdered by six white cops?!

    • #86 by Cop Hater on August 10, 2011

      “Rioting” is always an option. Long overdue in my opinion.

  44. #87 by Anonymous on August 10, 2011

    Hey “free spirit, my ass”, are you an operative reading posts??

    • #88 by LIF on August 10, 2011

      no, he’s an asshole reading posts. a FPD asshole more than likely.

  45. #89 by Marge on August 10, 2011

    I think that opportunists want a recall because they failed at getting Jones and Nelson out of their council seats. Is getting on John and Ken’s show and gloating about their web site over the death of a poor homeless person going to solve the problem? And I don’t really appreciate the name calling of elected officials. I agree we need leadership. But do we need to have a recall and cause our city more $$$ in the red?

    • #90 by malasangre on August 11, 2011

      if you love dollars your gonna hate this. your city has insurance so it shouldn,t interfere with your pitiful life margy. i dont really approve of you being a skanky cop licker but what you gonna do eh?

  46. #91 by Johnny Donut on August 10, 2011

    Marge :
    But do we need to have a recall and cause our city more $$$ in the red?

    Yes, unless you prefer a corrupt police department, more excessive force lawsuits and more beaten/dead residents.

  47. #92 by Jack on August 10, 2011

    Is it an actual quote from the D.A. that ” saw no evidence that there was a deliberate intent to kill”? For the sake of the citizens of Fullerton, I hope not, and that wish extends for the sake of the citizens EVERYWHERE!
    If, and it is a huge IF, this case could be made any more heinous and tragic than it already is, it could be made more so by that fact that there were (for the sake of fair debate) at least six renegade, dangerous officers on the streets on that night!
    Hell, if there was a ‘deliberate attempt to kill’, it would have been more humane! If the cause of death were a gunshot to the head it would have been less brutal! (And how many times can anyone say that a gunshot is the better course, really?) To say there wasn’t a deliberate intent is to concede that: Yes, they were beating the poor guy into unconsciousness, and ultimately death, (literally), but they are good guys, they just wanted to beat him really good, not kill him’!!!! It’s no wonder the police in Fullerton are so boldly and blatantly violent if that is considered protocol and the acceptable behaviour from the D.A.!
    I am afraid that we will have our hearts and hopes broken by the outcome of this case, sadly, because it seems that the D.A., and especially the FPD, will never fully admit the fault of the officers (at least not publicly) , because to do so, they would have to admit the fault of those in charge of the officers, and how high up the ladder does that corruption go? They are continuing to violate the civil rights of Fullerton’s citizens by assuming that they are all screaming for blood, when they are only screaming for justice. I hope I’m wrong, but it appears that they want a quiet trial and verdict, and that the officers will be either suspended, fined, or reassigned. Then, the next time elections roll around, it will be “I’m the D.A. who stood up for Kelly Thomas”
    It’s a sad example of trying to please everyone, and I know that MOST of the time, it is impossible to, in this case, the D.A. needs to realize that he serves the people and not vice-versa, and that there is no grey area of debate, in this case, it IS black and white: There was a murder in Fullerton, they know who the guilty parties are, and the people are right to protest and raise hell until justice is served. Who cares whose political future is at stake, and whose feelings will be hurt: I say it’s already been proven that the Fullerton PD are enemies of it’s citizens, if the D.A. refuses to break a few eggshells in the pursuit of justice, he needs to step down and let someone fairer and tougher do it for him.

  48. #93 by malasangre on August 11, 2011

    the cops will try to screw the investigation and get it tossed out of state court. that is if they paid attention to the five killer cops in New Orleans. 6 years to get to federal court. thats OK i can stayed pissed a lot longer than that

  49. #94 by Anon on August 12, 2011

    Hey all you outraged, Be warned…This police corruption, police brutality thing is not going to go away from California soon!

    California Government, and certainly the County of Los Angeles Courts- if not the Fullerton Courts as well – have blood on their hands.

    If the police in California beat you up you need to file a California Government Claim. See link below

    http://www.rahmangramly.com/pdf/Navigating%20the%20CA%20tort%20Calims%20Act.pdf

    If you do not file a California Government Cod Claim after 6 months you cannot file a case against the police, or the other California Government Entities and THEN YOU CANNOT PURSUE A LAWSUIT.

    In some cases in County of Los Angeles Santa Monica if you have a case against the police and have not filed a California Government Claim – the California Court can pretend to have a hearing – but it is a set up for police brutality – like a back alley – and the police beat you up further for reporting their corruption as well as the Government Entities’s corruption. And the County Courts don’t care…

    See: http://cache.zoominfo.com/CachedPage/?archive_id=2999255&page_id=40502187&page_url=%2f%2fwww.copcrimes.com%2fsantamonica.htm&page_last_updated=10%2f1%2f2000+3%3a11%3a50+PM&firstName=Laurence&lastName=Rubin

    Note: the Sheriff Deputy who was not the sheriff involved – even though County Sheriff Lee Baca says he was – was convicted in Federal Court in 2008 in a different matter.

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