How to Let the DA Whitewash a Cop’s Sexual Assault and Get Away With It

Earlier we discovered a federal civil trial against the Fullerton PD and one of its cops named Albert Rincon, alleging that he serially sexually assaulted women in the backseat of his squad car. Since then, several interesting pieces of evidence have come forth.

That evidence shows how the FPD’s internal affairs department worked in tandem with a DA’s office that won’t prosecute cops, in order to derail an internal investigation against one of their own.

Follow along as we recite the successful formula:

1. Receive graphically detailed allegations that one of your officers had sexually assaulted a female in the back of his squad car.

Victim 1 DepositionVictim 2 Deposition

2.  Ask the DA to “investigate” to see if a crime had taken place.

McKinley Letter to DA

3. The DA investigator finds five more women who say they were sexually groped, penetrated or propositioned in the course of an arrest by Rincon.

4. Listen to the recordings and discover that the cop’s audio recorder was turned off just before every single alleged assault took place.

5. Despite an astounding number of victims and witnesses, Tony Rackauckas’ office declines to prosecute the cop for sexual assault.

6. Pretend you don’t know why the DA didn’t file charges. In fact, don’t even ask.

Captain Bastreri’s Deposition

7. Let the Internal Affairs department use the DA’s decline to prosecute as a pretext to conclude it’s own investigation.

8. Set the accused sexual predator free! With a badge and a gun, of course. But for some reason he now has to wear a lapel camera on his shirt at all times.

I hired all of 'em!

Of course Pat McKinley’s long reign of error has now caught up with him, and the taxpayers of Fullerton, too. And the DA? Well, nothing there we didn’t already know.

 

Law N Disorder Patdown Pat McPension The Crime Beat

206 thoughts on “How to Let the DA Whitewash a Cop’s Sexual Assault and Get Away With It

  1. Let us remember we are fighting for justice and fighting the cover-up of a brutal murder. In my opinion those involved are either incredibly stupid, totally evil or both. That my friends is a very dangerous combination.

  2. For those who don’t think there is a systemic corruption in the FPD, read this post a couple of times.

    Bankhead, Jones and McKinley prop this up and are proud to be propped up by it.

    This symbiosis of evil banality must end.

  3. Women, don’t ever let a Fullerton cop pull you over alone. When you see those flashing lights, drive to a crowded, well lit area and immediately ask for a supervisor.

    1. This is nothing more than unfounded fear. The DA vigorously investigates and prosecutes all claims of sexual assault.

      Just look at my list of all cops charged with sexual assault…

      People v. Deputy Christopher Hibbs
      People v. Officer David Park
      People v. Deputy Allan James Waters
      People v. Officer Bradley Wagner
      People v Officer Mark Trachman
      People v. Officer Christopher Nicely
      People v. Deputy Scott Allen Cole
      People v. Officer Gerald Stenger III
      People v. Deputy Phillip Glenn Romero
      People v. Deputy William Robb
      People v Deputy Travis Christopher Unholz

      …You can trust me. I don’t work for the DA.

      1. Wow. if there are that many people that have been charged with sexual assult, imagine how many got away with it. Because we all know how HARD it is to get charges pressed on a Police officer.

  4. This story is stunning. I cannot wait to hear what my few friends who continually implore me to let the investigation play out our going to say about this. When do you ultimately decide that the government is not policing itself? What does it take?

    1. Chris, this IS stunning. How is it that they (the DA and Law Enforcement) can decide NOT to prosecute? A crime WAS committed!!

      This blows my mind. The FBI should swarm the FPD, put everyone on leave (at this point I don’t care if it’s paid leave) and investigate every single officer and their superiors. This is OUTRAGEOUS! Unfuckingbelievable! If this had been me or my daughter it would NOT have gone away quietly. How is this possible???

        1. Maybe someone could rally all the women who were assaulted, or even made to feel out of their sexual comfort zone my any member of the PD get together and support each other….power in numbers as we all know…

  5. OH

    and lets not forget the SCORES of other people , WOMEN AND MEN WHO HAVE BEEN BRUTALIZED MOLESTED AND FUCKED OVER , THAT HAVE NOT HAD THEIR COMPLAINT HEARD OR BELIEVED,

    THEY JUST WENT TO PRISON

    OR WERE TO SCARED TO SAY SOMETHING

    OR THEY WERE NOT BELIEVED

    SO , MAYBE NOW !

    but sadly probably not

    i think its time to turn UP the HEAT

    CHXN

  6. Just mind-blowing.

    Is there any written explanation anywhere of WHY the DA didn’t prosecute?

    How many other cases of wrongdoing by FPD have been swept under the rug?

    1. I wonder if the DA didnt bother to file bcuz the “victims” were tweakers from banana’s bar who were all friends and have made the same false complaints to get out of a DUI? Hmmmm, just a thought

      1. “victims”…yeah, just like Kelly Thomas, right?…the FPD thugs think we are all criminals….and their brothers in blue could never, never, ever do anything wrong….just a thought.

      2. Why was the audio recorder turned off just before each f these incidents?

        Why was a female officer not called in for the pat down?

        Aren’t you the least bit suspicious or is your default attitude that the police are always right and always honest?

        1. I would love one of these officers to answer these questions. Tweakers or not. Stud Lee brings up some excellent points. There is really no way around it. Rincon was up to no good.

        2. @Stud Lee

          This persons here defending crookes and sickos are direct benefactors of the police. They will never admit that they are wrong and that they are sicko, perverts themselves.

  7. a bunch other cases , A SHITLOAD , OF WRONG DOINGS

    AND really , why is this blog taking down posts ,

    thats weak sauce

    wtf ,

    ps , i know it was a pointed and inflammatory post , but still

    time to turn UP the HEAT

    BURN MUTHA FUCKERS BURN,

  8. i dont want the FFFF to burn ,

    but the evil in fullerton,

    and and on a second PS FFFF , ACTUALLY u are doing an awsome AWSOME JOB,

    really ,

    chxn

  9. voided ,, what a joke,

    ya know that sick feeling you get when a cop pulls up , drives by , pulls you over , or just looks at you ?

    that is called the BLACK AND WHITE FEVER,

    and those people who got pulled over probably all got it,

    and when the BITCHES IN BLUE left , the citizens probably were angry , and had a shitty day, after their rights were violated , by cops that wanted to do somthing, to fight their fever that WE are giving THEM ,

    get sick

    chxn

  10. I have yet to read what certainly looks like an interesting blog entry, but this quote from Mr. Peabody’s post grabbed my attention right off…

    “…the FPD’s internal affairs department worked in tandem with a DA’s office that won’t prosecute cops…”

    You know if this were true I would probably share the pessimistic and cynical view many have here with regard to the eventual out come of the investigation of the murder of Kelly Thomas. So I spent a few minutes yesterday looking for past cases the DA had brought against OC cops for various kinds of misconduct beyond the usual DUIs and such. Here are a few…

    People v. Deputy Christopher Hibbs
    People v. Officer David Park
    People v. Deputy Allan James Waters
    People v. Officer Bradley Wagner
    People v Officer Mark Trachman
    People v. Officer Christopher Nicely
    People v. Deputy Scott Allen Cole
    People v. Officer Gerald Stenger III
    People v. Deputy Phillip Glenn Romero
    People v. Deputy William Robb
    People v Deputy Travis Christopher Unholz

    The story of the first on the list, the 2009 prosecution of Deputy Hibbs is really worth knowing about if one is actualy interested in putting the DA’s relationship with the police in context with current events. The OC Weekly’s Scott Moxley wrote in the aftermath…

    “The (Hibbs) case made post-trial headlines because DA Rackauckas blamed the 11-1 jury vote for acquittal on deputy witnesses who employed a “code of silence,” feigning no memory at trial of statements they’d made against Hibbs during a grand-jury probe. Sheriff Hutchens and deputies’ union boss Wayne J. Quint took exception to the code-of-silence accusation. Indeed, several police organizations throughout California sent complaint letters to Rackauckas.”

    Moxley ends with:

    “Look for this feud to continue.”

    Interesting now to read so widely on FFF that the OC DA is in the pocket of police unions and is risking his career to cover up for and protect the murderer’s of Kelly Thomas. For all I know, the OC DA could very well indeed be a corrupt asshole, but the dots don’t seem to connect.

    1. Nice try Susan Kang, but just yesterday you posted the exact same list and claimed…

      here’s a few cases the OC DA has brought against police officers for a variety of on duty offenses

      Of course when I confronted you with facts, you ran away as usual then had the nerve to water down today’s post.

      So, I’m going to repost what I said yesterday… feel free to address this Mrs. Kang.

      T N Z :
      Susan Kang, did you bother to do a little research before posting this or maybe you’re just throwing crap up and hope it sticks.
      Only 5 out of the 11 cases you provided occurred while on duty and only 2 (Hibbs & Trachman) involve allegations of excessive force while on duty.
      The other 3 of 5 involve allegations of sexual misconduct.
      People v. Deputy Christopher Hibbs (2007 On Duty)
      http://blogs.ocweekly.com/navelgazing/2008/09/oc_deputy_zapped_in_excessive.php
      People v. Officer David Park (2004 On Duty)
      http://www.ocweekly.com/2007-02-08/news/illegally-park-ed/
      People v. Deputy Allan James Waters (Crime Occurred While Off Duty)
      http://losangelesduiblog.com/2011/06/drunk-in-court-former-deputy-waters-could-face-additional-charges.html
      People v. Officer Bradley Wagner (2010 On Duty)
      http://losangeles.cbslocal.com/2010/12/16/ex-anaheim-police-officer-sentenced-for-sexually-assaulting-harassing-women-while-on-duty/
      People v Officer Mark Trachman (2003 On Duty)
      http://articles.latimes.com/2003/feb/06/local/me-cop6
      People v. Officer Christopher Nicely (2003 On Duty)
      http://www.porac.org/ldf/articles/december%201%202003.html
      People v. Deputy Scott Allen Cole (Can’t find records on this)
      People v. Officer Gerald Stenger III (Crime Occurred While Off Duty)
      http://articles.ocregister.com/2008-04-03/cities/24729071_1_suicide-risk-arrest-warrant-stenger
      People v. Deputy Phillip Glenn Romero (Crime Occurred While Off Duty)
      People v. Deputy William Robb (Crime Occurred While Off Duty)
      http://www.criminaldefenseduilawyer.com/police-crimes/orange-county-sheriff-deputies-lobster-poaching-charges/
      People v Deputy Travis Christopher Unholz (Crime Occurred While Off Duty)
      http://www.ocregister.com/articles/unholz-286873-sheriff-department.html

      1. TNZ: Sorry I did not reply to your challenge yesterday. I missed it.

        Yesterday’s post was in answer to a request for at least “one more” example (beyond the Hibbs case) of the DA prosecuting officers for “misconduct.” As I said at the time, misconduct is a pretty broad term, but I went ahead and selected and listed a few examples of prosecutions that went beyond the usual DUIs.

        Let’s not forget, the charge FFF makes, and many posters here repeat ad nauseum, is that the OC DA NEVER prosecutes cops PERIOD. Indeed that is the charge in today’s blog entry from Mr. Peabody.

        Interestingly, Mr. Peabody’s post today was all about officer “sexual misconduct” and yet you seem to imply that listing prosecutions for such misconduct isn’t pertinent to the subject at hand. Why? Is it because recognizing the reality of such prosecutions puts a hole in your favorite conspiracy theories?

        Yeah, I was afraid I had made a mistake in indicating that all of these cases listed were “on duty” violations. That’s a hair to split for sure. Fact is, a cop is a cop, and misconduct by cops would seem to me to be under the color of authority regardless of their duty status. I apologize for being a little careless. Still, the point remains, the OC DA does indeed prosecute cops.

        Oh and thanks for once again proving my point that too many here are so wrapped up in their own internalized conspiracy theories that they should definitely be measured for a tin-foil hat.

        Whenever anyone makes a decent point counter to the many cockamamie but favored theories on FFF the response is always ‘you must be one of the FPD six’ or a wife, or an employee of the DA’s office. It’s so incredibly stupid that it’s become laughable, and that’s really too bad because there is nothing funny about the murder of Thomas by police, and it turns the otherwise important work here in advancing the cause of justice into a fkn joke.

        I am not a Schroeder. Go ahead, google me. I have literally hundreds of posts under my handle here, on the OCR site, and elsewhere calling for justice and the prosecution of the cops responsible for the murder of Kelly Thomas. My interest is in two things, justice and furthering an understanding of the realities connected to the issues. I believe that this is the key to achieving true reform.

        1. quote “Indeed, several police organizations throughout California sent complaint letters to Rackauckas.”
          Is there proof/link of this? Can anyone else back this up? I’m curious as this is a key piece of info.

          Also, who is Mr Peabody?
          Forgive me as I am an out of towner and I find the murder of Kelly Thomas nothing to joke about.

          quote “OC DA does indeed prosecute cops.”
          ^The WWF puts on a good show too. Scripted, but entertaining to some.

        2. I don’t think anybody ever thought you were a Schroeder since the that would mean that one of them could write a coherent sentence.

          However every post your write suggests that you work in the DAs office in some capacity.

          I hope you are right that charges will be brought. I am not holding my breath.

          P.S. Because the DA has failed to convict cops for abuse of their office in the past is no reason to quit. That really is setting the bar low.

      1. You are welcome. There is a lot of pressure on the DA to avoid prosecutions of cops, not the least of which is that it’s his fkn job is to prosecute WIN-ABLE cases, not just every case that comes down the pike. As taxpayers and voters who put him in office, that’s what we want, and yet thanks to cop sympathetic OC juries, convictions against cops are nearly impossible to obtain.

        If you can’t get a jury to convict Officer David Park for disconnecting his car’s GPS and following a stripper home from Captain Cream, pulling her over and jerking off on her boobs, when you have his DNA in the spunk still on her chest when she filed her complaint and plenty of other evidence, how are you ever going to get a conviction against cops in OC for anything?

        Frankly, I’m more surprised that he keeps trying, and pissing off the police unions for their ‘blue wall of silence.’

        1. You seem to blame the citizen jury alot. I can not for the life of me connect these dots. Perhaps the high priced Union paid defense is the problem. What the fuck is going on in our corrupt court rooms, how can someone paint a rosy picture for these blatantly obvious offenses. Is the prosecutor inept? on the take? Is the jury tainted too? Seems black and white to you and I that David Park was guilty as shit, but the “process” failed. So we are now told to wait (by you) for the “process” to finish digesting the Kelly Thomas evidence? Fuck that, we dont trust the process. HONK HONK HONK HONK HONK
          HOOOOOOOOONNNNNNNNNNKKKKKKKKK!!!

          1. Anonymous wrote: “So we are now told to wait (by you) for the “process” to finish digesting the Kelly Thomas evidence..”

            Umm. no. I’ve never said “wait for the process” or anything of the kind. I believe we should be keeping the pressure on, that’s why I attended last Saturday’s protest, albeit briefly, with my daughter.

            That being said, I think the DA has to and will bring serious charges, and I believe it’s reasonable and prudent for the DA to wait for the all the evidence to come in, including the all-important autopsy findings, in order to make the best decision possible with regard to those charges.

            I have stated this repeatedly not because I’m sticking up for the process or the DA. Personally I don’t give a shit about the DA.

            What I do care about is justice and understanding, and that the maximum charges be brought against those responsible for the murder of Kelly Thomas. To do that, and this is pretty basic, the DA has to know exactly what hard evidence he’s got to work with, right?

          2. my apologies Eye if i offended.
            I have zero faith in the process, given the previous conviction failures on dirty cops. I agree with your statements that the video needs to be kept out of public eye to give the Jury maximum effect. I pray someone on the corner team has a moral compass and I pray the DA uses this case to smash the FPD code of silence.

  11. I say we DEMAND that the State Attorney General file a lawsuit against every police department in California and ask for thorough investigation of them all! Starting with the Police Union..

  12. The Orange County Register :
    Tickets voided for Kelly Thomas’ horn-honking protesters
    http://www.ocregister.com/news/goodrich-316834-fullerton-police.html

    They might want to have a word with a guy named Sylvester Stallone.. played a calm quiet man named JOHN RAMBO

    ***************************************************
    I TOLD YOU THEY CONSPIRE TOGETHER so their kids don’t get punished for crimes they do to me and you..

    *************************************************
    HOW did our legal system EVER let the cops and the DA police themselves etc..

    Police and DA are on ONE team… for each other..

    Then later .. the one small office of lawyers with families and children that live in the same community as the dirty cops.. (why I mention their children and families etc.. Truth is stranger than fiction.. I bet they fear some of those cops and sergeants) has to go against a Brotherhood of Blue.. frightening really…

    You know an inside deal was cut and the officer promised to never do that again etc etc..

  13. Fullerton is so corrupt that it is the only place where you can run 10 miles in a straight line and still be at the scene of the crime!

  14. tu sabes :
    I wonder if the DA didnt bother to file bcuz the “victims” were tweakers from banana’s bar who were all friends and have made the same false complaints to get out of a DUI? Hmmmm, just a thought

    False.. how does his DAR get turned off.. are the hookers aliens that had power over his DIGITAL AUDIO RECORDING device

    Or did he do that so the dispatcher had no idea he was sexually assaulting women who live in Fullerton, CA

    What next.. Kelly Thomas actually chose suicide by cop.. He mind controlled them too eh

    Replies like yours help us understand how the people got voted into your city system…

  15. tu sabes :
    I wonder if the DA didnt bother to file bcuz the “victims” were tweakers from banana’s bar who were all friends and have made the same false complaints to get out of a DUI? Hmmmm, just a thought

    I apologize if that was sarcasm.. I can sort of see it now..

    I get too charged up too fast sometimes but. .. unlike nightstick wielding PROTECTORS OF THE PEACE.. I catch myself quicker

  16. Erin :
    I say we DEMAND that the State Attorney General file a lawsuit against every police department in California and ask for thorough investigation of them all! Starting with the Police Union..

    You have a better odd of winning a lottery or lightning strike then this to happen. We could have an EBay bidding to collect millions of dollars to give to the State AG to offset the money He/She will loose from the Police Unions bribes then there may be a small chance it will.

    1. Ken, it’s because of people like you this country has gone to hell.. Last time I read the Constitution, it states the People are the Government.. There are more of us then there are of them.. Grows some balls would ya?

      1. Erin, You misunderstood me. Sadly, I agreed with you after living here for 30+ years. What I said was a mockery of how I feel about the current polical atmosphere and politicians. They are the best money can buy, from the local all the way to Washington. There are no really D or R parties to represent people. They are all about themselves. Rip off tax money for their lavish benefits, salaries, spending, etc. They give lip services, said what people want to hear but when got elected, they bend over for the special interest groups, unions, trial lawyers, etc you name it. What irks me the most are the fanatic party loyalists (both D and R), so many of them are either uninformed or ignorance and they will blindly vote for a candidate just because of the party affilicate, not because what he/she did. For Ex, in CA, State politicians have a misserable rating but still almost all of the incumbent got re-elected. I will love to see changes, millions of people protest but the reality is most people are all to themselves. So for the politicians, business as usual, money speaks.

  17. THANK YOU FATHER GOD*in JESUS,S* HIGH and HOLY name for letting your MARVELOUS LIGHT to shine in dark place,s.And for the GOOD people of fullerton,who want to walk in trueth. For Kelly Thomas-and all other,s that have sufferded at the hand,s of CRIMNAL CROCDILE,S. I pray that the DOJ walk,s in and take back the city of fullerton,ca.Far now it is critcal that the trueth be know that the DA is a wolf in sheep,s clothing.AMEN and AMEN.

    1. Blessings to you TIGERMANLSU. I know that the Lord will guide our hearts and minds here in Fullerton to finally pull out by the roots all of the evil that we’re finding here daily. We really appreciate your thoughts and all of your moral support that your providing from afar. Please hold us in your heart and keep us in your prayers.

  18. I had a home invasion robbery at my house last year in July. The police took fingerprints and DNA evidence at the scene. They matched the DNA to a career criminal who was incarcerated at the time they matched his DNA and he confessed to being in my house. But since they had forced my roomate into a bthroom and locked him in there and he could not say he saw this person there they DA refused to prosecute.

  19. Paul Lucas :
    I had a home invasion robbery at my house last year in July. The police took fingerprints and DNA evidence at the scene. They matched the DNA to a career criminal who was incarcerated at the time they matched his DNA and he confessed to being in my house. But since they had forced my roomate into a bthroom and locked him in there and he could not say he saw this person there they DA refused to prosecute.

    He has to be concerned about paying for his California Retirement they will hopefully be brought up on charges for swindling etc.. the dirty shit they do to steal your money via retirement bennies should be White Collar Federal PENN CRIMEs

    Why waste money prosecuting.. what a wonderful system.. I wonder how many other homes he has been in.. sick police system.. scary

  20. If this is accurate and true why doesn’t the L.A. Times know about it?
    I think you need to consider contacting someone like Steve Lopez or a reporter with this information. Imagine what it must feel like to be woman in Fullerton.

  21. One for the books :
    I’m telling you all right now, the FBI will have to get involved here at some point… no question about it!

    THESE CRIMES ARE ALL THE WAY TO THE TOP. THE FBI WILL NOT BET INVOLVED. TOO MANY BIGSHOTS WHO ARE ABOVE THE LAW.

  22. Paul Lucas :
    I had a home invasion robbery at my house last year in July. The police took fingerprints and DNA evidence at the scene. They matched the DNA to a career criminal who was incarcerated at the time they matched his DNA and he confessed to being in my house. But since they had forced my roomate into a bthroom and locked him in there and he could not say he saw this person there they DA refused to prosecute.

    HE HAS NO TIME FOR YOUR BULL SHIT

    1. ..and what about my “bullshit” where the police didn’t have time for my sweet elderly neighbors who have lived here for 40 years. They were being stolen from and abused daily by their caretakers and all I got were excuses. When I tried to intervene on their behalf, I was told to MYOB or my wife and I would go to jail. I will not be silenced and I will not rest until these wrongs have been righted…with or without the FBI 100%guaranteed!

  23. It is strange, where have all of the trolls and FPD apologists now? What are the mechanics of having a police department restructured NOW? This sexually assaulting officer in FPD has to go now, along with those who protected him.

        1. STUD. REALITY IS SAYING THAT IN DEFENSE OF SOMETHING HE OR ONE OF THE OTHER POSEURS ON THIS BLOG POSTED DIRECTED TO 9C1COPCAR. IT WAS A CRIMINAL THREAT AND WAS PERCEIVED AS SUCH UNDER SECTION 422 OF THE PENAL CODE.

          HIS COMMENT ABOUT FREE SPEECH DOES NOT COVER DEATH THREATS, CRIMINAL THREATS WHICH COULD BE CARRIED OUT IN REAL TIME.

          HIS EQUATION OF HIS FREE SPEECH RIGHTS, CRIMINAL THREATS HAS NOTHING TO DO WITH HONKING HORNS, HIS POINT HAS BEEN RENDERED MOOT IN THIS COURT OF LAW!

  24. McKinley spent 17 years building a nice comfortable incubation pod for thieving, groping, violent, lying cops.

    When he was done, he stepped back and said “this is good.” Then he retired with $220,000 a year for the rest of his life.

    1. Sands :
      Disband the Fullerton PD.
      It’s 100% corrupt.
      Based on the latest ticket BS deal , I can now say ALL of the FPD is corrupt.

      Johnny Donut :
      McKinley spent 17 years building a nice comfortable incubation pod for thieving, groping, violent, lying cops.
      When he was done, he stepped back and said “this is good.” Then he retired with $220,000 a year for the rest of his life.

      Doesn’t that make you wanna be a cop?

  25. and the thing about it is that these old fools have sucked off the public foe so long and have so much money, they dont care about anything, . and probably want to be recalled, so they can get out of their hot seats. but I say we look into their money and their closets, id be willing to bet there are monstrosities hidding in their closets, f them

    1. So true. I really don’t think they care if they are recalled. I’m really surprised they havent all quit. I mean why would anyone want to be in government or work in Fullerton for the next 5 years?

  26. Orange County District Attorney Office an its cronies are Snakes guarding hen house and DISGRACE to America and people.
    We got exactly what we vote for. Vote your heart out. Time to rebuild our community, starting with Fullerton and Orange County.

  27. DISGUSTING. Does anyone know what to do if you are pulled over by a cop in Fullerton and want witnesses? Is it possible to request that they follow you to the nearest fire station before you speak to them? Do you call dispatch and ask for a female officer to arrive on scene? What if there isn’t one on duty at the time? If they aren’t going to hire only quality officers with integrity, then I at least want straight answers about how to protect ourselves against some of the low-life jerks who somehow made it in to this profession.

  28. that is a great question how do we protect ourselves from the police , a gun a taser simply not pulling over and driving to the fire department who can we trust? obviously not the police.

  29. There are more dead victims in the FPD log book and the back-up SWAT teams. A few years ago the FPD shot a man dead on Camino Escondido in NW Ful at approx. 1Pm in the afternoon. He was shot through the window on the premise that he pointed a gun at them.
    The neighborhood was locked downed and families were forced to leave their homes. This BS went on until nearly 6Am the next morning. There was no consideration for the residents well being and in fact several residents were abused and threatened. There was no communications to area residents except that the victim had probably been dead since the previous afternoon at the time of the initial assault that the FPD initiated.
    They made a big display with the armored SWAT vehicle (TANK) and remote controlled robots plus more than 20 black/white FPD vehicles, some with K-9s, knowing the victim was dead in the house.
    If Mckinley or Hamilton or any other senior FPD personnel were ever on the scene they sure did not interface with any residents.
    This operation was a good example of some of the worst police conduct as a unit.
    This operation occurred in a fairly limited access area (CDS residents) when there was NO threat to anyone.
    The QUALITY of an organization is exemplied and promoted by the leadership.
    The City of Fullerton Police Department is a good example of the failure of competent leadership, past and present.
    The leadership failure is not totally within the FPD, those persons appointed to various committee positions, the City Manager,all Department Heads, CSUF, FJC, FUSD, et al, all bear a responsibility for the misconduct of leadership by the FULLERTON POLICE DEPT.
    That unit at CSUF is a good little fester and should not be passed by.

      1. The cops at CSUF are independent police on the State payroll. Lots of cute girls over there. I’d be worried. But let’s focus on FPD for now.

  30. I have two daughters (20 & 18). As long as Mr. Rincon is in Fullerton, I won’t sleep until my daughters are safe in bed at night

  31. So what do we really know about this case beyond the very obvious fact that this Officer Rincon should have been fired for multiple complaints and the related turning off of his digital audio recorder? Why might the DA have declined to prosecute?

    I would really like to see all of the depositions, in particular those of the other four (alleged) victims, but failing that I have observed a few things. Because Rincon turned off his recorder there really is no other evidence other than she said/he said. Yes, there appear to be 6 examples of she said/he said, but how solid are the witness/victims and their stories?

    Junkies and those with impressive arrest records make lousy witnesses, especially in a she said/he said kind of case against a police officer, particularly in traditionally conservative OC. And make no mistake, their records would come in as evidence to show bias against the police.

    So what about their arrest records?

    Six women are named as victims, the two complainants and four who were deposed as witnesses. Of the six, one appears to have 6 local arrests for controlled substances and has been sent to Aids Awareness where they teach junkies about the dangers of dirty needles. Another appears to have multiple local arrests for driving under the influence of controlled substances and also multiple alcohol/drugs DUIs. A third appears to have local arrests for theft, possession of a deadly weapon, and a possession of a controlled substance. And it looks like a fourth has a truly impressive record, 15 local arrests on a variety of charges, including many for controlled substances, as well as multiple charges of illegal possession of a hypodermic needle. This woman apparently has spent most if not all of the last ten years on probation, and despite a 2009 pleading of guilty to a host of drug charges, as well as a DUI for alcohol/drugs, for which she was sentenced to 230 days in jail and five years probation, she’s still fkn driving, legally, with no DMV hold and a very recent ticket for speeding. Amazing. A fifth has a local arrest for DUI alcohol/drugs and a driving with blood alcohol above .08, only one has no local record. And again, these are local records only, we have no idea what their complete arrest record might be.

    These are horrible witnesses folks, and yet none of this excuses what appears to be terrible behavior and illegal acts by Officer Rincon. That he has not been fired and is still working the streets is inexplicable. I can’t imagine a scenario where the FPD still wants him on the force. Have the police unions become this strong?

    That being said, I don’t see how the DA could reasonably bring this case to trial given the evidence before us. The standard of proof in a criminal case is just too high. Add in that he’s a cop and the DA couldn’t even get a conviction in the People v. Officer David Park, where the cop jerked off onto a stripper he pulled over and left his DNA all over her chest, and it’s easy to see what the OC DA was up against here. Hopefully the two women complainants will get some kind of justice in civil court, where the standard is much lower, and then, maybe then, Officer Rincon can be legally put on the beach forever, without pay and minus his retirement.

    1. Wow you sure spend a lot of time here. It’s becoming very clear that you do work for Rackauckas. And I’m starting get a real bad feeling about our do-nothing DA on this case as you keep spinning for him.

      By the way Einstein, if you troll bars for quick gropes and feel-ups under color of authority chances are you’re not looking for Mary Poppins. Which in no way excuses the DA. And, by the way 2, the point of the post is that the FPD used the all-clear from Rackauckas to skip the nuisance of firing a ticking time bomb. Oh, right. He said she said. And Rincon just accidentally turned off his recorder on all six occasions.

      1. Ex-hippy wrote: “I’m starting get a real bad feeling about our do-nothing DA on this case as you keep spinning for him.”

        Nice but in-artful and weak attempt at preemption.

    2. Ah, I get it. Rackauckas’ clowns can’t get a conviction so they might as well give up trying, huh? Is that your boy’s formula for justice? Well of course it is.

      He’d rather go after tatoo’d creeps whom he can bamboozle a jury into convicting.

      What a turd.

      1. Nope, the DA has gone after bad cops many times, two of the better examples are People v. Deputy Christopher Hibbs and People v. David Park.

        Google is your friend. Educate yourself and get back to me.

    3. I spoke to inside source in regards to Officer Rincon. The city paid the complainants each under $10k to settle and not prosecute…FACT! Officers were pissed. He also has to record EVERY PUBLIC CONTACT with his DAR (Digital Recorder).

      1. Obviously that’s NOT true, or this wouldn’t be going to a civil trial in November. If the women had accepted a payout from the city, they couldn’t turn around and sue the city again and Rincon, as they are doing in this suit.

      2. Wrong. They attempted to pay the women $9000 each. It didn’t work. That is why there is a current civil suit. Kind of like how they attempted to pay off Ron Thomas with $900,000. Whoever is deciding on these settlement amounts is doing a horrible job. I’m sure Fullerton is spending much more than 9k dealing with the sexual assaults.

        1. Assuming what you say is true another, a more likely interpretation is that City of Fullerton tried to make this thing go away with a paltry settlement offer because the evidence was not there for the DA to convict in a criminal trial.

          Now the victims and their council are trying to hold the city’s feet to the fire by filing a civil suit where the burden of proof is much lower, hoping first and foremost for a more significant settlement offer, and failing that, a last ditch effort at a win in civil court. I highly doubt they want to bring these women into open court though, and besides the only reason this is relevant at all to the Kelly Thomas murder is just that it’s another weak attempt by FFF to show a conspiracy to cover-up another case of police misconduct, in this they failed. There are far more prosaic explanations for why this has gone down the way it has.

          I’ll say it again, this is best addressed as personnel matter not a criminal one. Rincon should be fired for turning off his audio recorder during arrests of female suspects that resulted in sexual misconduct complaints multiple times, but the totality of the evidence is simply not solid enough to sustain a criminal complaint before an OC jury.

    4. The fact that these women have records is exactly the reason crooked cops choose them as victims. No one will believe the women over the officer, and the officer can always have some reasonable excuse as to why he was hassling the women in the first place. In addition, he sees the women as vulnerable and desperate…willing to do anything to get out of going to jail.

      1. SO, WHAT YOUR SAYING IS THAT BECAUSE THESE WOMEN HAVE ARREST RECORDS THAT THEY SHOULD BE RAPED BY A COP? IF NOT, PLEASE CLARIFY.

        1. I think what he was saying is that the supposed victims have credibility issues due to arrest records, drug habits, and being caught in lies before. The key things in that case would be the desire to prrosecute the officer and the willingness to testify in court, along with their credibility on the stand. I’m sure that is all spelled out in the DAs memo but that was intentionally left out of the explanation here.

        2. And no one said anyone deserved to be raped. In order to prove rape, you have to testify. If you can’t testify, the case won’t go.

        3. No, I’m saying the exact opposite. NO ONE deserves any of that. I’m saying it would make sense that such cops would abuse their power and authority to seek out women who would not be believed by the public when they testify.

    5. With the information that’s coming out about FPD I would really have to question any arrest they have made. If they will threaten a homeless man sitting on a bus stop bench so that he runs and then they can pursue him, catch him, then beat them to death for “resisting arrest” even though it’s not clear what he was being arrested for in the first place, beyond running when a cop started threatening him, then I’d have to wonder what other kind of trumped up charges there have been in the City of Fullerton. How could you ever trust anything they say or do? I honestly would be afraid to live in that town. A woman arrested on a DUI would be the perfect target for a sexual predator because, first of all, he has her in custody and she can’t get away from him, and secondly, her credibility will be questioned. Men with this type of perversion put a lot of thought into their victimization. The real clincher is that he turned his audio off each time. That’s what makes it so completely suspect. Seems to me there should be a policy that if an officer routinely turns off audio while transporting someone under arrest, they should be fired.

  32. This whole ordeal (murder, corruption,sexual assaults) is so sad on so many levels….I am grateful for one thing….that I don’t live in the city of Fullerton!!!

    I hope all you residents continue to be heard, continue to fight for Kelly, and continue to bring this obvious corruption to the forefront. I live 30 minutes south of Fullerton and won’t consider visiting again for a long time. A few things will be proved in court that are already obvious….

    If you run from a cop in Fullerton, you might get murdered.
    If your wife gets pulled over in Fullerton, she might be sexually assaulted.
    If you honk your horn in Fullerton, you might get a ticket.
    If you voice your opinion in fullerton, the head of the city will compare you to a “lynch mob”.
    If you video a cop in Fullerton, you might get arrested.

    The list can continue, but I’ll leave it up to the bloggers to add.

    In closing, I’m sure you all love your city very much and that is why you are so outraged, and rightfully so. I have had many good times in Fullerton and my brother graduated from CSUF. For now though, do to the safety of myself and my family, we will stay in south OC. What a shame

  33. AS I noted on an earlier post by a troll, protected freedom of speech:

    WANTED; To answer for the Murder of Kelly Thomas:

    Jay Cicinelli
    Kenton Hampton
    Manny Ramos
    James Blatney
    Joe Wolfe

  34. WARNING: Accused of serially sexually assaulting women:

    Albert Rincon

    Keep thier names in the public spotlight, dont let them crawl back into the woodwork, let them become the social pariahs they deserve to be!

  35. The sewer is overflowing. Just the tip of the iceberg, I am sure. Here are some adjectives.
    Evil scumbags, Low-lifes, thieves, crookes, filth, sickos, perverts, sadistic vomit, terrorists… any others you guys would like to add.

  36. fedupwithmorons :
    IT IS ALSO PROTECTED SPEECH UNDER 422.6(a) OF THE CALIFORNIA PENAL CODE.

    FREE SPEECH MEANS SHIT TO THESE ANIMALS WITH BADGES AND GUNS. I’D MOVE MY FAMILY FAR AWAY FROM FULLERTON, QUICKLY. THESE PSYCHOS HAVE THE GREEN LIGHT FROM THE D A TO DO WHAT THEY WANT TO TO PEOPLE AND THEY WILL BEGIN TO ESCALATE THEIR VIOLENCE.

  37. SURE, THEY DO, AND NONE OF IT IS GOOD. OR, IT’LL PLAY ON THE OTHER SIDE OF THE SPECTRUM THAT OFFICER HAMPTON IS SUCH A GREAT GUY, SO HELPFUL AND BLAH, BLAH BLAH AND NONE OF IT IS TRUE!

    1. Close. They’ll report on how many DUI arrests that asshole has made. That’s wht Goodspork did with the iPad thief. And the idiot Fonsi ate it up like a good little monkey.

  38. Jesus H., where the hell is the City Manager? Where is the City Council? It’s like turning the college over to the frat boys and letting them make up their own rules.

  39. DG III :
    This whole ordeal (murder, corruption,sexual assaults) is so sad on so many levels….I am grateful for one thing….that I don’t live in the city of Fullerton!!!
    I hope all you residents continue to be heard, continue to fight for Kelly, and continue to bring this obvious corruption to the forefront. I live 30 minutes south of Fullerton and won’t consider visiting again for a long time. A few things will be proved in court that are already obvious….
    If you run from a cop in Fullerton, you might get murdered.
    If your wife gets pulled over in Fullerton, she might be sexually assaulted.
    If you honk your horn in Fullerton, you might get a ticket.
    If you voice your opinion in fullerton, the head of the city will compare you to a “lynch mob”.
    If you video a cop in Fullerton, you might get arrested.
    The list can continue, but I’ll leave it up to the bloggers to add.
    In closing, I’m sure you all love your city very much and that is why you are so outraged, and rightfully so. I have had many good times in Fullerton and my brother graduated from CSUF. For now though, do to the safety of myself and my family, we will stay in south OC. What a shame

    BE CAREFUL IF YOU ARE VOCAL OR VIDEO TAPED AT PROTESTS. THEY ARE COMING TO TARGET EACH AND EVERYONE OF YOU.

  40. The U.S. Department of Justice has all the reasons they need at this point to take this case to the next level. It seems that the level of corruption is well established and organized – a DOJ’s dream case. It looks like the City of Fullerton might upstage the City of Bell.

  41. The only way a terrorist benefits, is if the citizenry cowers and does nothing. We can not worry about being taped, otherwise, we play right into their hands. We are NOT law-breakers, we are law-abiding people who stand up for the truth, decency, and the law. Cowering from any one of those attributes, lets the criminal elements flourish.
    I, for one, will never back down!!

  42. Larry,

    Wherever you decide to move your family, you will not be much safer with any other law enforcement jurisdiction anywhere in Southern California, except maybe Fontana? I say that because I know the police chief, Rod Jones.
    That being said, if any of you know of police corruption in Fontana within recent years, chime away.

    1. God Fontana is the biggest dump in the world now. The new LA and repo capital of the world. Not sure about police abuses but moving there would be a mistake.

  43. 9c1copcar on September 13, 2011

    This is the new MOTTO of the FPD, (as taken from A FEW GOOD MEN):
    You have the luxury of not knowing what we know. That Kelly’s death, while tragic that it was found out, regrettably may have saved lives. And our lying dog existence, while grotesque and incomprehensible to you, takes lives. We don’t want the truth, because deep down in places we don’t talk about at parties, we wanted to be in that mall, and we killed him in that mall. We use words like torture, deception, lying. We use these words as the backbone of a life spent obfuscating the law. You use them as a truth detector. We have neither the time, nor the inclination to explain ourselves to a city that demands the truth, who rises and sleeps under the blanket of the very torture that we provide, and then questions the manner in which we provide it. We would rather you just said thank you, and went on your way, Otherwise, we suggest you protest and send our 6 to prison. Either way, we don’t give a damn what you think you are entitled to.

    Sorry folks. I brought this forward from Honkin it.

        1. Oh and instead of trying to ‘out’ posters by abusing your access to IP numbers while further fanning the flames of the ridiculous paranoia here, where everybody who doesn’t exactly toe the party line is a police or DA plant, why don’t you simply address the reality of the fact that you are being purposely misleading in falsely claiming that the “DA’s office ..won’t prosecute cops?”

          Thanks, I await your response.

          1. You don’t have to wait long. Rackauckas is a chickenshit lightweight who’s pulled around by the nose by the Schoeders. He’s got no balls and no ethics. I’ve never held out any hope that he would prosecute the McKinley Six. If he does it will only be because he’s been told to by his handlers. And his handlers are amoral repuglicans just like he is.

          2. I don’t think its paranoia when you check someone’s IP address and confirm that they are indeed the person whom you suspect they are.

            Goodrich and some of his fellow goons have been commenting on this blog for years from what I understand. That’s a fact, not a conspiracy theory.

  44. they can kiss my big pink ass- and video it too-i could care fucking less if they video me, write down my license, ticket me or moon me-Nazi’s-the people will prevail and I know what im up against-its worth it to me-the line has been drawn and dammit, im not going to live within corruption, in a nazi germany type country-this is America-Soldiers actually died thru-out generations so we dont have to live in tyranny, Im standing

  45. As the #3 post said, Officer Rincon is on administrative leave.

    We must find out why. The unofficial reason is more claims of misconduct filed against Officer Rincon.

    Too bad people had to suffer because of Rincon and T-Rak’s failure to prosecute.

      1. No. Any piece of information remotely related to an officer’s personnel file is exempt from the California Public Records Act thanks to furious lobbying from the police unions at the state level.

        1. Figures. Another question: does Fullerton maintain any sort of comprehensive directory of its Police Department personnel that is publically accesible? Names accompanied with photos would be preferable.

          1. A public records request should get you a list of names of all active officers (except for five or six undercovers). I doubt that they will give you photos.

  46. Let’s not forget good ole officer Ren who was convicted of illegal detention and assault of a minor while off duty near his home in Norco! He was given a cush spot in the gang unit! I guess that’s how they reward idiots!

      1. John Doe – you are also disturbed by the conduct of officer Wren? I’d like to hear what someone who is generally pro-police has to say about his case.

  47. Justice :
    Jesus H., where the hell is the City Manager? Where is the City Council? It’s like turning the college over to the frat boys and letting them make up their own rules.

    THE CITY BOSSES ARE STEALING AS MUCH AS THEY CAN BEFORE THE FEDS STEP IN.

  48. REALITY IS,

    Why are you still harping on me regarding facts about my past? If you want to find out, then come to the protest, and I will tell you in person.

  49. It’s worth noting that if the FPD really wanted to white wash this whole thing, it certainly didn’t need the DA’s decision to not prosecute Rincon as an excuse.

    Way back in April 2010 the two women were quietly offered $7,500 each to drop their complaint. The offer was rejected. A few weeks later, in June, the women offered to settle for $200, 000 each. The defendants held fast, again offering $7,500 each, along with $2,500 for the complainants attorneys.

    Clearly the City of Fullerton could have likely swept this under the rug without the DA’s help for an amount of money more than $10,000 each, but considerably less than $200, 000. The city chose not to do that, and in November will go to trial if the defendants don’t fold first.

    Tempest in a teapot.

    It’s not exactly uncommon for women arrestees to allege that officers touched them inappropriately in the process of their being taken into custody.

    Sorry to say, the facts in this case do not support the allegations made by FFF.

    It would seem Rincon should still be fired for violating important department policy multiple times though.

  50. EyeNeverSayNo :
    It’s worth noting that if the FPD really wanted to white wash this whole thing, it certainly didn’t need the DA’s decision to not prosecute Rincon as an excuse.
    Way back in April 2010 the two women were quietly offered $7,500 each to drop their complaint. The offer was rejected. A few weeks later, in June, the women offered to settle for $200, 000 each. The defendants held fast, again offering $7,500 each, along with $2,500 for the complainants attorneys.
    Clearly the City of Fullerton could have likely swept this under the rug without the DA’s help for an amount of money more than $10,000 each, but considerably less than $200, 000. The city chose not to do that, and in November will go to trial if the defendants don’t fold first.
    Tempest in a teapot.
    It’s not exactly uncommon for women arrestees to allege that officers touched them inappropriately in the process of their being taken into custody.
    Sorry to say, the facts in this case do not support the allegations made by FFF.
    It would seem Rincon should still be fired for violating important department policy multiple times though.

    Fired for what? These animal cops publicly brutalized an innocent mentally ill man while cameras were videotaping the violent celebration of authority with cavelier joy. You feel a pervert who wears a lapel camera while on duty after several sexual complaints that we know of should be sitting home on the public dole. He will be cleared the accusers will convinced to drop the charges and advised to leave the state.

    1. Larry wrote: “You feel a pervert… …should be sitting home on the public dole.”

      I do? I had no idea that’s what I feel.

      Actually, it seems to me that there is no dispute Rincon turned his audio recorder off multiple times during arrests of female suspects, in violation of an important departmental policy. Guilty or not guilty, the recordings are important as evidence, and since it’s not uncommon at all for female suspects to accuse officers of groping them during their arrest, Rincon exposed his employers (taxpayers) to significant liability.

      This would not be a case of subjective determination, either the recordings are there or they are not. In industry he would be fired on the spot. Part of the reform we should be seeking should be to make it easier to fire cops guilty of such non-subjective violations.

      As for the cops who murdered Kelly Thomas, it bothers me very much that they are on the beach with full pay, but legally their situation is much different. On the other hand, I take comfort that it likely will all ‘come out in the wash.’ As those murderous thugs roll out their thin hard mattresses for the first time in prison, they will only be able to wish that they had simply been summarily fired.

  51. REALITY IS,

    Apparently, I cause you great consternation, as you are so bent trying to prove I was lying regarding my past. IF you took the same oath as I did, and you are not only dedicated to upholding the law, but also obeying the law, you should find NO threat in my words.

  52. can anyone tell me why scott allen cole ,(ocsd) is on his second jury trial? he is accused of “sexual penatration with a forgen object, victum under 18”

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