A Forthcoming Apology

It is not often that you find an apology in the Regular Business of the City Council’s Agenda. I have a bad feeling this is just the first of many apologies to come.

We apologise for any inconvenience you may have experienced.

The Council’s Agenda for Tomorrow’s meeting includes a staff recommendation that the Fullerton Police Department publicly apologizes and acknowledge that the department’s narcotics unit mistakenly raided the wrong home (read the FFFF backstory).

“On October 20, 2010 Fullerton PD Narcotics Unit detectives were attempting to conduct a probation search on a male adult subject living at 219 S. Ventura Place, in Fullerton. Armed Fullerton PD detectives mistakenly entered the Nordel family residence at 223 S. Ventura Placefrom the rear alley, and ultimately through the back door, believing it to be 219 S. Ventura Place.”

It has taken the City nearly a year to issue the Nordell Family an official apology and devise a process to prevent future unlawful entries by our Fullerton Police Department.

I am concerned that had the Nordell family not brought this to the City Council on several occasions, this public acknowledgment and apology would not be forthcoming.

There are a few lessons we can learn from the illegal raid:

First, people make mistakes. Officers are people and are not infallible.

Second, police officers must understand that blindly following their fellow officers into a fight can have deadly consequences. Although it might not always be practical, officers know the circumstances of the fight first. Had officers entered a different wrong house, it is reasonable to conclude officers would have been met by a gun wielding home-owner whose door was being kicked in by a gang of masked thugs all yelling.

The third lesson is that the Nordells have successfully managed to have the Police Department review their actions, recognize the Department’s mistake, and develop a policy for conducting future raids. The Nordell family did not have to sue over the raid though they certainly had the right to. Instead, they sought to make their community safer. In the end, the Nordells may have saved many lives by being vocal and active in the administration of their City’s police services.

Fourth, the Fullerton Police Department has listened to the public and made changes that will protect officers and the public. This shows that the Department is willing to look at new ways of serving the community.

I commend the Nordells for coming forward publicly and holding the Police Department and City Council responsible.

93 Replies to “A Forthcoming Apology”

  1. “I am concerned that had the Nordell family not brought this to the City Council on several occasions, this public acknowledgment and apology would not be forthcoming.”

    Just like DA Rackjackass wouldn’t have filed charges against 2 officers for killing Kelly Thomas if the protesters weren’t making noise.

  2. Do they really feel a fake “my bad” a year later that wouldnt be happening at all if it werent for public outing, is going to suffice? really? And that should keep everyone quiet huh?

    I feel a john and ken blast coming on

  3. Wrong Guy :
    “I am concerned that had the Nordell family not brought this to the City Council on several occasions, this public acknowledgment and apology would not be forthcoming.”
    Just like DA Rackjackass wouldn’t have filed charges against 2 officers for killing Kelly Thomas if the protesters weren’t making noise.

    RIGHT YOU ARE.

  4. THE FAMILY WAS PROBABLY THREATENED. PERHAPS THE FAMILY WILL HAVE THE COURAGE TO JOIN THE KELLY T MOVEMENT FOR SUPPORT.

  5. This sounds like something out of a movie. I would have been scared too. See they lied again and their reports!!!! The are all such big liars.

  6. http://en.wikipedia.org/wiki/Jose_Guerena_shooting

    This young former Marine was murdered in his home by masked gunmen with badges. They had no evidence on him for commiting a crime but aquirred a warant anyway. When he tried to protect his family with his legally owned weapon he was murdered and left to die…… Of course the officers (murderers) were cleared by their agency. Jose was completely innocent of any wrong doing and is dead at the hands of a death squad…. these people in Fullerton were lucky.

  7. The light of day has a tendency to wake the guilty out of their trance. Some people may not have a conscience but fear is still an operative. Hey guess what? You have no clue who is watching now do you? Looks like its comin’ from all angles. It’s about time.

  8. There is really no good reason for cops to raid the wrong home on a search warrant or probation search. In this country violating a man’s right to be secure in his castle is about as egregious as it gets (other then pummeling his face with a taser gun and murdering him). The lead cop on this search should have received 30 days unpaid leave as a minimum. A mistake is when a cop leaves his citation book back at the station when he goes out on patrol. Raiding an innocent man’s castle is a few notches higher than a “mistake”.

  9. Can we get a list of the officers involved with the raid and who the officer was that was in charge and picked the wrong house?

  10. Dear Mr. Sebourn,
    I do not yet agree with your statement that
    “Fourth, the Fullerton Police Department has listened to the public and made changes that will protect officers and the public. This shows that the Department is willing to look at new ways of serving the community.”
    The Council action might show, instead, that the City Council’s majority, facing a recall, and also having to hire a law firm to defend their policing policies [see another post today about the Consent Calendar] has chosen to direct that the changes be made.

    If police abuse lawsuits were paid out of the budget for officer compensation, instead of a different budgetary line item, you can bet that behaviors would be different.
    By the way: for more than ten years, the City of Los Angeles has been routinely refusing to defend LAPD officers who are civilly sued. My law school friend Barry Quinn of LAPD told me back in 2000 that the police officers in LAPD were attempting to purchase “peace officer malpractice insurance”, because of that circumstance.

    At the end of the day, finances and election results cause policy changes by local legislators who are otherwise in the pockets of special interests. WSH

    1. Snow,
      It may be a bit presumptuous on my part to think that the council will approve the apology and the new policy change but, as you point out, there will be plenty of suits in this City’s future as a result of a few employees and a lack of leadership and I think this council and the PD want to put THIS matter behind them quickly. The easiest way to do that is apologize and draft up a commonsense solution to prevent these “mistakes” from occurring again.

      For the Nordell’s the system worked, albeit a year later. For the rest of us, law suits, threat of recall, and public outcry are often our only recourse.

      The big question remains whether or not the PD will actually adhere to their own new policy. History has taught us that PD policies seem to be good ideas filed away on some shelf and soon forgotten or ignored.

  11. City council response:

    Bruce Whitaker immediately followed up with us on the incident and has kept in touch on the issue.

    No other city council member has contacted us to say that they read our report or followed up in any way.

    This is just sad.

  12. “officers make mistakes” and we cover them-unless they are dragged out in the open,

    most normal people have to face the consequences of their “mistakes” and not a year later

  13. This could have gone MUCH worse and ended up in a tragedy…and it would have been completely the fault of the cops.

    Just imagine if this had happened to a different family. The father, hearing someone break into his house and fearing for his family’s safety, reached for a weapon to defend them. Maybe a baseball bat or a gun. He wouldn’t have known it was police. And of course, as soon as the cops see him coming into the room with a weapon, they shoot him on sight and kill him.

    That scenario is very possible. And probably has happened many times before. Cops raid the wrong house, someone thinks they’re a gang trying a home invasion robbery and tries to defend the family…and the cops shoot them.

    How the hell do cops get the wrong house? When I order pizza, the delivery guy somehow manages to find the right house…but the police can’t??

    Yeah, I would really like to know the names of the police who were involved. Somehow, I think there is a lot more to this than we think.

    1. “When I order pizza, the delivery guy somehow manages to find the right house…but the police can’t??”

      Your pizza delivery guy wasn’t hired and trained by Chief Pat McKinley.

    2. Agreed, many of my neighbors are Gun fans and have guns, hunt, etc. Bust into the wrong house and people are going to die.

    3. There is a good chance that Nordell family members may develop post-traumatic stress symptoms from the experience. If your home is suddenly invaded by gun-wielding people, this creates a lot of fear. Even once they realized it was police, I imagine their fear would have remained high since obviously the police had made a huge mistake but the family had no way to know that the police would figure out their mistake before hurting someone. Being in fear for your safety/life creates a physical, neurochemical fight/flight response; that response is not nullified by the fact that no one got physically hurt in the end. It occurs in the moment, when the person fears for their life and has nothing to do with the eventual outcome.

    4. Why does apology have to be public. I’m sure dept contacted family after incident Everyone is just jumping on the wagon to criticize the police.

  14. The Fullerton Harpoon :
    “When I order pizza, the delivery guy somehow manages to find the right house…but the police can’t??”
    Your pizza delivery guy wasn’t hired and trained by Chief Pat McKinley.

    hahaha

  15. I JUST REALIZED WHY THEY ARE DOING THIS..

    —————————————————-

    They want all others to be as kind and nice and polite as these people and not sue their ass

    I SAY you the people of Fullerton need to find some way to SUE EVERYONE IN CHARGE of the bad cops and city council et al for the payouts they are doing with your money

    Rincon needs to be in jail just like a normal citizen.. Is dude still on payroll

    MAKE History and sue the superiors and city council .. can you imagine how much the Thomas Terrorism/Torture/Murder payout is going to be?

    Veth Mam

    Martinez – Quinones

    Rincon

    and others?

    1. 1. COULD the people of Fullerton sue the individulas of the city council, the city manager, the police chief and individuals in the leadership of the PD, for malpractice, or something similar?
      2. Could the citizens of Fullerton force the elimination of the police union?

      1. I bet there are a lot of folks who have or will develop PTSD symptoms from witnessing a person being beaten to death. This is pretty brutal to the psyche, and to be watching that and have no way to call for help because the people inflicting the brutal and fatal beating WERE the people they would have called for help, there would have been a complete sense of helplessness. They also may feel guilt if they did not intervene even though there is a good chance that it would have been dangerous to the safety of any citizen who tried to stop that out of control group of LEOs. I saw that one woman talk about her children going to Fullerton schools and that they are traumatized. Then with all the stuff that continues to come out, it will leave people questioning their own reality. Who and what can they trust if not the police and city officials in whom they have placed their confidence and trust? It will take some time for people to heal from all of this.

  16. Ramoshit :THE FAMILY WAS PROBABLY THREATENED. PERHAPS THE FAMILY WILL HAVE THE COURAGE TO JOIN THE KELLY T MOVEMENT FOR SUPPORT.

    That’s exactly what they need to do, Ramoshiz.

  17. I read about an NSC study awhile back that said….
    “You are 8 times more likely to be killed by a police officer than by a terrorist.”

  18. MeYou :
    I JUST REALIZED WHY THEY ARE DOING THIS..
    —————————————————-
    They want all others to be as kind and nice and polite as these people and not sue their ass
    I SAY you the people of Fullerton need to find some way to SUE EVERYONE IN CHARGE of the bad cops and city council et al for the payouts they are doing with your money
    Rincon needs to be in jail just like a normal citizen.. Is dude still on payroll
    MAKE History and sue the superiors and city council .. can you imagine how much the Thomas Terrorism/Torture/Murder payout is going to be?
    Veth Mam
    Martinez – Quinones
    Rincon
    and others?

    YOU ARE CORRECT. THEN AGAIN WHY DO THE SCUMMY COPS CARE. THE SETTLEMENTS COME FROM OUR TAXES, JUST LIKE THE PENSION PACKAGES THESE ANIMALS ARE ALL EXITING WITH.

  19. MeYou, I get your drift.
    The city leaders are SO happy with this family for not sueing, they will be sucking so much ass tomorrow they will become even more full of sh#*.

    1. The city will also see these folks as being more credible to a potential jury, which is why they are probably extremely hopeful that they don’t get sued. Although I am not a litigious person, I almost think that they should sue because, frankly, money motivates and money will get their attention, and hopefully that is what will lead to real change, if only to avoid future lawsuits and payouts.

  20. Wrong Guy :
    MeYou, I get your drift.
    The city leaders are SO happy with this family for not sueing, they will be sucking so much ass tomorrow they will become even more full of sh#*.

    LOL 😛

  21. Back in early August, when MSM began to realize Something terribly criminal happened at the transportation center, Goodrich knew his broken-bones stories were falling apart. He suddenly changed tracks:

    A police spokesman, Sgt. Andrew Goodrich, said the case was an isolated incident.
    “We have a good department full of good individuals,” he said. “We’ve made more than half-a-million law enforcement contacts over the past 4.5 years … This is the only instance of this kind that’s happened.”

    After he said that, case after case of police misconduct began to surface. Goodrich says Kelly Thomas death is the only instance of this kind that’s happened? Goodrich says? uh-oh! Investigating this may be the perfect assignment for the cold-case guys in item 2 of the Consent Calendar.

  22. Yesterday I recieved a Facebook message from a friend from La Mirada who lives right around the corner from Jay Cicinelli. Says he’s never been ‘socially able’ or friendly. Her other neighbor is a retired L.A. County Sheriff who used investigate excessive force cases. This guy says (of course) Cicinelli, Ramos and some of the other four are punks. Spoken from behind the blue line.

    1. tell us something we dont know. wonder if uniball will be changing up his attitude, trying to garnish sympathy

      I have an OC cop living in the back condo behind me and hes such an antisocial, snarling, jackass-wont say anything to any of his neighbors, and yes, he hears-he just is ignoring on purpose

      They’re all the same- think theyre special

  23. I notice in many cases of brutality in other states or even other counties etc.. that the cops WERE FIRED after the Captain viewed videos of their transgressions and then they faced criminal charges..

    Yet Sellers let these murderers keep badges for 3 weeks?

    hurts my soul to know there are cops like this

  24. Sgt. Goodlie :No. Officer names are only released when we do something good.

    ha. Thanks, Sgt. Goodie. I blew some juice out my nose on that one.

    Humor is always funnier when there’s a dose of truth attached.

  25. Nordell Family, the ONLY reason you’re getting a cheap, and insincere “apology” is in the hope that you don’t sue, the city, the PD, and each of the for officers. They entered your home in “error.” It was what, 3 houses away or 4? That’s some mistake. It was mentioned above but what if you had been legally armed thinking you were protecting your family from someone breaking in, which is what those in “error” were doing, as soon as they saw your weapon, you’d have been dead, and more than likely so would your wife, and possibly any kids. They’d of course claim their lives were in danger and it would be judged a good shooting, within policy, but you’d be dead. Actually looking at Fullerton, Orange Co., and national stats, even unarmed, you’re very lucky, you could easily have been killed even unarmed, and they’d have still said they thought their lives were in danger and it would still, still, have been within policy, just like the Thomas murder was, before the peoples outcry. Apology or no, you should sue, the city the PD and the officers. As pastors you may not feel you should gain, but you will be forcing the city, PD and officers to be honest and account for their actions, which otherwise they won’t and don’t think they should have to, and you can donate any proceeds to your church or other charity, if you see this, think about it.

    1. There’s a real possibility they could have started shouting, “STOP RESISTING, STOP RESISTING!” and beaten the family members. They really are lucky they weren’t hurt–which is a really sad thing to be saying, don’t you think?

  26. blessusall :There’s a real possibility they could have started shouting, “STOP RESISTING, STOP RESISTING!” and beaten the family members. They really are lucky they weren’t hurt–which is a really sad thing to be saying, don’t you think?

    So right blessusall…”Stop Resisting, Stop Resisiting” is the initiating battlecry for officers in most police beatings.
    If I wasn’t at work right now, I would post an article from the L.A. Times from earlier this year where an ACLU rep was conducting an investigation in deputy abuse cases in Men’s Central jail in downtown L.A. when she heard some thumping and yelling going on in the next room.. The yelling was coming from two deps saying, “Stop Resisting, Stop Resisting” while they shoved his head into the wall and gave a few knee shots to the inmate. The ACLU rep insisted he was not resisting and now she has another investigation (which she witnessed) to add to her list. And good ol’ boy Sheriff Leroy Baca says he always takes inmate abuse cases seriously. FAILURE!!!

  27. so, I should automatically shout “Im not resisting, Im not resisting” if I run into a cop

    I think I need a medical bracelet with that on it

    1. I think I would probably start shouting, “Dear God
      Please Help Me!” Oh, wait, that didn’t work for Kelly, did it?

  28. MeYou :
    I notice in many cases of brutality in other states or even other counties etc.. that the cops WERE FIRED after the Captain viewed videos of their transgressions and then they faced criminal charges..
    Yet Sellers let these murderers keep badges for 3 weeks?
    hurts my soul to know there are cops like this

    Aren’t these “peace officers” sworn to serve and protect? If Sellers and Hamilton watched the “I’m Gonna F____ you up” video, then turned Ramos back on the street with a badge… they obviously deviated from their oath and should be fired.

    1. I think the “I’m gonna “f” you up” was standard operating procedure for this crew and their superiors were aware they use that tactic. Furthermore, they already knew about many other acts of brutality, false arrests, false reports, and sexual perversion but continued to turn those officers back on the streets with badges. They knew what they were doing, did nothing, and the violence continued to escalate until someone was murdered. This is what makes Sellers, Hamilton, the D.A. and others culpable. At best, they stood idly by and did nothing, which ultimately sends the message that this was okay. And now Kelly Thomas is dead, all these others have been hurt, there is huge betrayal of the public trust. It is completely mind boggling to me, really. Oh, but they’re going to apologize to that nice pastor and his wife. Isn’t that special?

  29. Pitcher of beer at banannas bar=$7
    Wk at banannas bar= min wage plus tips
    Get 6 of my tweeker friends to meet in my car, conspire to make false story=priceless, oh wait 150k

    1. The FPD, throught their own practices, procedures, and behaviors, has created a situation that makes everything they say and do suspect, so if someone makes up false stories, it’s because now the possibility that it could have happened is COMPLETELY PLAUSIBLE. Hmmm, maybe that’s another reason (besides “virtue is its own reward”) not to engage in lying, dishonest, corruption–when people find out they will no longer believe ANYTHING you say. However, there is plenty of supporting documentation for the veracity of the complaints that have come forth thus far.

  30. Wrong Guy:

    From personal experience and firsthand observations I can say that generally speaking, inmates at both LA and OC jails are not singled out and beaten for no reason.

    I’ve witnessed beatings occur usually for repeated rules violations, or a blatant act of disrespect towards deputies or jail staff.
    I’m not justifying it at all. I’m stating that this is typically why it happens.

  31. GOOD AND BAD NEW,S San Diego cop,s looking for highway gunman,that has TARGETED cop,s whild performing STOPS.; PHILADELPHIA Daily new,s cop going to FEDERAL pen but will keep 4795.04 pension. If he lives till 75 will collect 1.6 million.???? am just saying.

  32. Inquiring Mind: The video was viewed by all the top brass and it was determined that all were in policy. It was only after the Chief went on “paid leave” and after Ron Thomas started mouthing off, that Hamilton changed his status. Hamilton is politicing for the top job and he wants the public to think he is “tough on crime.” Hamilton is a follower and not a leader. So is the DA Rack. Rack is going to be running for a state wide office and wants the public to think he is tough also. We know the truth.

    1. There is a very easy way to stop “the evil Tony” (= Tony [C]Rackauckas):
      Someone or “someones” in Fullerton should bring a Petition for Writ Of Mandate to force his Office to charge Officer Wolfe under the “Felony Murder” rule, since Wolfe’s actions constituted criminal assault and false arrest, and led to a death. Death does not need to be intended, because of the mechanistic operation of the “Felony Murder” rule. Tony Rackauckas has already admitted to having mentally arrived at certain facts, so there is no longer any “discretion” for him to exercise; everything thereafter is an application of law, which is a nondiscretionary, ministerial duty. OK. So this is one of those “one in 10,000 cases” where there is no “discretion” for the DA left to exercise, and so a Writ of Mandate will ‘obtain’.
      After a Writ of Mandate is issued, he will then be subject to criminal prosecution. Firstly, it will constitute willful and knowing dereliction of public duty, and hence he will be prosecutable under Government Code section 1222. He will not enjoy any “legislative immunity”. Secondly, because he “knew” that he had a duty to cause the apprehension of Officer Wolfe and did not do so — and the fact that it is an “official” duty cannot lighten the burden — his inaction, as a matter of law, constitutes a facilitation of the crime by Officer Wolfe. Accordingly, “his name if Mudd” (the Mudds harbored John Wilkes Booth after the assassination of President Lincoln), and he is guilty of “accomplice crime.” California has eliminated the statutory terminology of “accessory before the fact” and “accessory after the fact”, in favor of simple accomplice liability. The result: unless DA Tony R. acts before a Writ of Mandate is issued against him, he will be guilty of “accomplice liability for the crime of Felony Murder.”
      All that is needed is a little bit of leadership. All that is needed is for those residents of Fullerton who are disgusted by the “set-up” of Officer Ramos to pool their resources, and bring a Petition for Writ of Mandate, to compel DA Tony Rackauckas to prosecute Officer Wolfe.
      Further, I have, in another post, demonstrated while several of the other “Fullerton Six” could be prosecuted for both their successful and unsuccessful attempts to spoliate evidence, and hence hinder prosecution of the crime. (The discussion uses rotting stolen “bananas” as examples of “spoliation of evidence”.) The friends and supporters of Officer Wolfe could, after he is charged, then bring a Petition for Writ of Mandate to get certain others of the Six, together with certain “brass” back at the station, criminally charged. Once again, after a Writ of Mandate is issued, Tony Rackauckas will be criminally chargeable for multiple crimes.

      That will stop his dreams of running for statewide office. And maybe even destroy his chances to hold any further public office, whether elected or appointed.

      Through my posts on this website, I have given enough information to the community in Fullerton to nail Rackauckas. Now, there is a need for political leadership among concerned Fullerton residents, who have the resources.

      There is precedent in Fullerton’s history for this. When the Fullerton Recalls Committee in summer, 1994, won a Writ of Mandate proceeding against City Clerk Anne York, she went on leave, used up her accumulated paid sick leave, and then immediately retired. The DA angrily criticized Harold Johnson of the Orange County Register for stating, in an editorial, that its Office had done nothing; so we have reason to believe that Ms. York avoided prosecution through a “confidential letter of resignation agreement” of the sort for which Capizzi’s regime was famous.
      WSH

  33. We apologize for not trying harder to get Greg Sebourn on the Fullerton City Council last November.

    Hopefully, we will get it right in the next election!

  34. Merijoe,

    Regarding your post on your cop neighbor….One deputy in my academy plays baseball, and is very good at it. For argument sake, we will call him John. Well, one day, John’s son strikes out to lose the game. John starts ranting and raving, cursing and the such.
    My best friend Bill, who just happened to be at the same game with his wife and son, heard John cursing, and said for him to stop because he was in amongst women and children. Well, John came up to my friend Bill, and pressed up against him in trying to intimidate and humiliate him in front of everyone, since he had the gall to call him on it.
    Well, to make a long story short, John backed down. Good thing he did, as Bill was, for the first 13 years of his work career, a professional boxer.

  35. For Hamilton to think a newly constituted city council without the three blind mice on it will hire him as the new chief. Well, can I sell ya the Vincent Thomas bridge? No way will Hamilton, an insider, get the job IF a new city council is elected.
    On another note, it seems that Fullerton PD lucked out on breaking into the wrong house. Anyone would have sued the city. Trauma, can’t sleep, missed 6 months work on my job, wife had a miscarriage, they are huge settlements. So Fullerton PD is lucky they broke into a pastors house. Sort of like the film “Friendly Persuasion” where Gary Cooper would turn his cheek…………until a point!
    I would laugh if after the apology the family sued the City!

  36. BLESSUSALL,

    You had mentioned the fear factor, along with not trusting law enforcement; I totally agree. I understand people make mistakes, and we are all human, however, those who have the authority and the means to take life, better be damn sure of themselves, because their mistakes ruin lives, not only regarding the victim, but the countless number of family and friends attached.
    My friend, who was beaten and arrested by my department, has left FEDUP and I very angry, not only in what happened, but the blatant lies they told us, when we tried to confront the “Brass” on the issues. This has changed all of our lives immeasurably, to where we no longer trust the deputies working that area any more. They have pulled my oldest son and me over several times in a ruse trying to get a hook; only to find who we are, and calling them on an illegal stop for no reason.
    I say arm yourself with knowledge of the law, and do not get yourself into a conversation with them if they pull you over. Be courteous, give them the documents they ask for, smile, but remain silent. That is the best thing advise I can give to you and everyone else out there. It really makes me sad it has come down to this.

  37. I have a feeling that those living in Fullerton should have a bumper sticker that says…Hey FPD, Stop resisting THIS!!

  38. Apologize for the lawless behaviors of:

    McKinley
    Sellers
    Ramos
    Wolfe
    Cicinelli
    Hampton
    Craig
    Blatney
    Goodrich
    Rincon
    Major
    Siliceo
    Tong
    Cross
    Wren
    Nowling
    Mejia

    And who else?

    1. The sad part is for everyone on this this there are probably 5 “good” FPD cops who know all about other stuff that has never even come out. Under this hypothesis at least half the department is corrupt, and I believe I am being conservative.

    2. Also please take this list with you to the council meeting, ask that the item be pulled from the “consent calendar” AND SLOWLY AND CLEARLY READ THE ENTIRE FREAKING LIST!!

  39. Snow Hume :
    There is a very easy way to stop “the evil Tony” (= Tony [C]Rackauckas):
    Someone or “someones” in Fullerton should bring a Petition for Writ Of Mandate to force his Office to charge Officer Wolfe under the “Felony Murder” rule, since Wolfe’s actions constituted criminal assault and false arrest, and led to a death. Death does not need to be intended, because of the mechanistic operation of the “Felony Murder” rule. Tony Rackauckas has already admitted to having mentally arrived at certain facts, so there is no longer any “discretion” for him to exercise; everything thereafter is an application of law, which is a nondiscretionary, ministerial duty. OK. So this is one of those “one in 10,000 cases” where there is no “discretion” for the DA left to exercise, and so a Writ of Mandate will ‘obtain’.
    After a Writ of Mandate is issued, he will then be subject to criminal prosecution. Firstly, it will constitute willful and knowing dereliction of public duty, and hence he will be prosecutable under Government Code section 1222. He will not enjoy any “legislative immunity”. Secondly, because he “knew” that he had a duty to cause the apprehension of Officer Wolfe and did not do so — and the fact that it is an “official” duty cannot lighten the burden — his inaction, as a matter of law, constitutes a facilitation of the crime by Officer Wolfe. Accordingly, “his name if Mudd” (the Mudds harbored John Wilkes Booth after the assassination of President Lincoln), and he is guilty of “accomplice crime.” California has eliminated the statutory terminology of “accessory before the fact” and “accessory after the fact”, in favor of simple accomplice liability. The result: unless DA Tony R. acts before a Writ of Mandate is issued against him, he will be guilty of “accomplice liability for the crime of Felony Murder.”
    All that is needed is a little bit of leadership. All that is needed is for those residents of Fullerton who are disgusted by the “set-up” of Officer Ramos to pool their resources, and bring a Petition for Writ of Mandate, to compel DA Tony Rackauckas to prosecute Officer Wolfe.
    Further, I have, in another post, demonstrated while several of the other “Fullerton Six” could be prosecuted for both their successful and unsuccessful attempts to spoliate evidence, and hence hinder prosecution of the crime. (The discussion uses rotting stolen “bananas” as examples of “spoliation of evidence”.) The friends and supporters of Officer Wolfe could, after he is charged, then bring a Petition for Writ of Mandate to get certain others of the Six, together with certain “brass” back at the station, criminally charged. Once again, after a Writ of Mandate is issued, Tony Rackauckas will be criminally chargeable for multiple crimes.
    That will stop his dreams of running for statewide office. And maybe even destroy his chances to hold any further public office, whether elected or appointed.
    Through my posts on this website, I have given enough information to the community in Fullerton to nail Rackauckas. Now, there is a need for political leadership among concerned Fullerton residents, who have the resources.
    There is precedent in Fullerton’s history for this. When the Fullerton Recalls Committee in summer, 1994, won a Writ of Mandate proceeding against City Clerk Anne York, she went on leave, used up her accumulated paid sick leave, and then immediately retired. The DA angrily criticized Harold Johnson of the Orange County Register for stating, in an editorial, that its Office had done nothing; so we have reason to believe that Ms. York avoided prosecution through a “confidential letter of resignation agreement” of the sort for which Capizzi’s regime was famous.
    WSH

    http://codes.lp.findlaw.com/cacode/CCP/3/3/1

    ^^?

    I truly think Fullerton RESIDENTS need to bring a class action suit RICO or otherwise against every single captain and top authority on city council for

    letting Rincon keep his SEX ASSAULT BADGE
    for letting the FPD6 keep their badges

    for trying to buyoff Ron Thomas so he didn’t seek prosecution of the murderers

    against the Orange County DA for being a giant pussy

    et al

    1. It doesn’t matter what the other officers knew about the legitimacy of the arrest; they all committed manslaughter/negligent homicide for incompetent restraint. The DOJ published a warning in 1995 about these types of “prone restaint/ resisting/ increased chest pressure/ struggling for air/ increased force until suffocation or cardiac arrest” events. A regular citizen or caretaker would be held liable for manslaughter at least.

  40. Fullerton City Officials and its cronies putting up show, buying time, etc.
    Filing false affidavits and report is perjury and is a felony. Why aren’t these cops and its leaders being prosecuted?
    I want to see the perp walk, with the 5 yr federal sentence imposed. That doesn’t begin to deal with the suffering that innocent people go through.
    The rest has to step down or face recall. Simply Outrageous.

  41. Who in the f–k thought this dumb idea up. These guys will appeal, and win, and it all looks like a hollow PR gesture….sigh

  42. So, how hard was it to create a policy that dominos pizza has had on place for 10+ years

    FPD is a disgrace ON EVERY LEVEL!

  43. MeYou :

    Snow Hume :
    There is a very easy way to stop “the evil Tony” (= Tony [C]Rackauckas):
    Someone or “someones” in Fullerton should bring a Petition for Writ Of Mandate to force his Office to charge Officer Wolfe under the “Felony Murder” rule, since Wolfe’s actions constituted criminal assault and false arrest, and led to a death. Death does not need to be intended, because of the mechanistic operation of the “Felony Murder” rule. Tony Rackauckas has already admitted to having mentally arrived at certain facts, so there is no longer any “discretion” for him to exercise; everything thereafter is an application of law, which is a nondiscretionary, ministerial duty. OK. So this is one of those “one in 10,000 cases” where there is no “discretion” for the DA left to exercise, and so a Writ of Mandate will ‘obtain’.
    After a Writ of Mandate is issued, he will then be subject to criminal prosecution. Firstly, it will constitute willful and knowing dereliction of public duty, and hence he will be prosecutable under Government Code section 1222. He will not enjoy any “legislative immunity”. Secondly, because he “knew” that he had a duty to cause the apprehension of Officer Wolfe and did not do so — and the fact that it is an “official” duty cannot lighten the burden — his inaction, as a matter of law, constitutes a facilitation of the crime by Officer Wolfe. Accordingly, “his name if Mudd” (the Mudds harbored John Wilkes Booth after the assassination of President Lincoln), and he is guilty of “accomplice crime.” California has eliminated the statutory terminology of “accessory before the fact” and “accessory after the fact”, in favor of simple accomplice liability. The result: unless DA Tony R. acts before a Writ of Mandate is issued against him, he will be guilty of “accomplice liability for the crime of Felony Murder.”
    All that is needed is a little bit of leadership. All that is needed is for those residents of Fullerton who are disgusted by the “set-up” of Officer Ramos to pool their resources, and bring a Petition for Writ of Mandate, to compel DA Tony Rackauckas to prosecute Officer Wolfe.
    Further, I have, in another post, demonstrated while several of the other “Fullerton Six” could be prosecuted for both their successful and unsuccessful attempts to spoliate evidence, and hence hinder prosecution of the crime. (The discussion uses rotting stolen “bananas” as examples of “spoliation of evidence”.) The friends and supporters of Officer Wolfe could, after he is charged, then bring a Petition for Writ of Mandate to get certain others of the Six, together with certain “brass” back at the station, criminally charged. Once again, after a Writ of Mandate is issued, Tony Rackauckas will be criminally chargeable for multiple crimes.
    That will stop his dreams of running for statewide office. And maybe even destroy his chances to hold any further public office, whether elected or appointed.
    Through my posts on this website, I have given enough information to the community in Fullerton to nail Rackauckas. Now, there is a need for political leadership among concerned Fullerton residents, who have the resources.
    There is precedent in Fullerton’s history for this. When the Fullerton Recalls Committee in summer, 1994, won a Writ of Mandate proceeding against City Clerk Anne York, she went on leave, used up her accumulated paid sick leave, and then immediately retired. The DA angrily criticized Harold Johnson of the Orange County Register for stating, in an editorial, that its Office had done nothing; so we have reason to believe that Ms. York avoided prosecution through a “confidential letter of resignation agreement” of the sort for which Capizzi’s regime was famous.
    WSH

    http://codes.lp.findlaw.com/cacode/CCP/3/3/1
    ^^?
    I truly think Fullerton RESIDENTS need to bring a class action suit RICO or otherwise against every single captain and top authority on city council for
    letting Rincon keep his SEX ASSAULT BADGE
    for letting the FPD6 keep their badges
    for trying to buyoff Ron Thomas so he didn’t seek prosecution of the murderers
    against the Orange County DA for being a giant pussy
    et al

    I hope the people of Fullerton don’t give up.

  44. We the citizens of Fullerton are victimized on several levels. The monsters murder us in public. The city council and the police brass cover up the many crimes that have surfaced. The conspirators have connections and power to squash any nuisance that they wish and will. At a last resort the corrupt evil cops and their cohorts on the city council will EXIT THE BULLSHIT LEAVING BEHIND ENORMOUS AND MORE TO COME SETTLEMENTS THAT WE THE FOOLERTON TAXPAYERS WILL BE PAYING FOR YEARS TO COME. OH LET’S NOT FORGET THE EXPENSIVE PENSION PACKAGES CONCOCTED BY THE CITY BOSSES WHICH WE WILL BE PAYING FOR DECADES TO COME. THESE CROOKS WILL ELOPE ON DISABILITY PRIZES AND HAVE THE LAST LAUGH. ALSO, ALL THE ILL GOTTEN GAIN FROM BRIBES,SHAKEDOWNS AND THEFTS.

  45. blessusall :I bet there are a lot of folks who have or will develop PTSD symptoms from witnessing a person being beaten to death. This is pretty brutal to the psyche, and to be watching that and have no way to call for help because the people inflicting the brutal and fatal beating WERE the people they would have called for help, there would have been a complete sense of helplessness. They also may feel guilt if they did not intervene even though there is a good chance that it would have been dangerous to the safety of any citizen who tried to stop that out of control group of LEOs. I saw that one woman talk about her children going to Fullerton schools and that they are traumatized. Then with all the stuff that continues to come out, it will leave people questioning their own reality. Who and what can they trust if not the police and city officials in whom they have placed their confidence and trust? It will take some time for people to heal from all of this.

  46. NO VIDEO ALLOWED. :

    blessusall :And maybe have a webcam installed in your car.

    They just disable them when they do their business.

    In addition to the officers listed, I think it would be a good idea to find out the names of ALL officers who were present during these incidents of excessive force and false arrest, if they have not already been identified. In videos I’ve seen, it looks like 5 or 6 officers usually arrive on the scene. Find out what they wrote in their reports, not just the arresting officer. They are implicated as well.

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