2011 - Page 13 of 50 - Friends For Fullerton's Future

October 12, 2011October 13, 2011Behind Closed Doors

Uh, Oh. More Bad News for FPD

Pat-McKinley-Cops-300x206 — I stand by my record. And no, you 91 voters don't get to take your votes back.

For a while it was just us, the good folks at FFFF, who decried the Fullerton Police Department Culture of Corruption created by ex-Chief Pat McKinley, and fostered by council somnambulists Don Bankhead and Dick Jones.

Tracy Woods at The Voice of OC is reporting here, that the City’s outside investigator, Michael Gennaco, has revealed that his investigation will uncover more nasty revelations. Cue ominous background music in a minor key:

Asked if more disclosures are coming, he replied, “Oh, yeah. There’s more. There always is.”

Given the likelihood that Mr. Gennaco is trying to break it to us gently, I’d say things look grim for FPD defenders and its cover-up artists, and of course things look even worse for us taxpayers who will ultimately have to foot the bill for former Chief McKinley’s out of control goon squad.

October 11, 2011Home Town Hero

Naughty Teddy Steps Up

by Grover Cleveland32 Comments

If you haven’t driven past it, or gone in, you may remember The Naughty Teddy due to the legal action the prudes in City Hall took against it.

According to the OC Register local coverage, the downtown Fullerton business establishment is holding a fundraising screening of the Rocky Picture Horror Show, 11:30 pm on Friday, with proceeds going in Kelly Thomas’ name to Mary’s Kitchen, a non-profit in Orange that serves food to homeless folks.

Well, good for Dawn Aquino, the owner.

October 11, 2011Behind Closed Doors

Thanks, McKinley!

by Mr. Peabody142 Comments

Here’s a message we received not long ago that is from someone who claims to have been a juror in the trial of the guy who blasted five holes into LAPD rookie Jay Cicinelli back in 1997. It has the ring of truth to it.

I was on the jury that convicted the man who shot Jay Cicinelli. It was unbelieveable watching a man, who by all rights should have been dead after being shot 5 times with a 45 at point blank range, losing an eye in the process, get on the stand and testify! The prosecuting attorney even showed us the police star he had been wearing on his chest that had a big dent where one of the bullets had struck it. I felt so bad for Jay then, in this 20s and being injured so badly just as he was beginning his career as a police officer. I have often wondered what he ended up doing with his life. I was shocked and very sad to find out that he was one of the officers involved in this beating! It’s hard for me to imagine how someone, who has been through something as horrific as Jay has, could be an effective police officer. How could you see criminals every day and not think about the one that tried to kill you? I’m not trying to make excuses for what has been done to Kelly Thomas, just giving my opinion about why I think Jay Cicinelli should have gone into a different profession.

Opinion duly noted, and I don’t think there’s many people who would disagree with you, except, maybe former FPD Chief Pat McKinley, who hired Cicinelli as a favor to an old LAPD crony. McKinley now wonders aloud to the media how Cicinelli “could have strayed so far from his training.” Of course that’s just self-serving clap-trap.

October 10, 2011October 10, 2011Dead heads

Poor Dick. Not Enough Lollipops To Go Around

by admin43 Comments

For our incompetent spendthrifts on the Fullerton City Council, spending millions of dollars on grossly overpriced “affordable” housing is just like handing out candy to kids.

And even better when those “deserving” kids are your pals, cronies, and political bag men!

Mayor Dick is sho’ ’nuff pleased at the proposals all the Redevelopment parasites have brought forth (as he would say), gathering like hungry vultures around a roadkill remnant.

Naturally, one of the recipients of Mr. Big Shot’s free-and-easy largess with our money is none other than Dick Ackerman, who apart from inveterate influence peddling and carpetbagging, is also heading up the anti-recall effort on behalf of the Three Blind Dinosaurs.

And of course Jones is as untruthful as ever, claiming that someone else (SCAG!) is making him do something he really, really wanted to do anyway.

October 10, 2011October 10, 2011Big Brother

A Little Bit About Chief Sellers

by Travis59 Comments

Here’s a re-post of a story that Travis did in March 2010 on now AWOL Chief Sellers. It seems that Sellers was pretty good at slingin’ the ol’community policing lingo and didn’t seem like the sort of guy that would cultivate a corrupt, out of control goon squad.

What neither Travis nor any of us knew was that Sellers was doing very little to impress this philosophy onto the crew of thugs, misfits, whackjobs, and pickpockets he inherited from Pat McPension. Unfortunately for us, Chief McPension had cultivated quite a nasty little garden over his 17 year command.

But let’s not shed any misplaced tears for Sellers. Even tho’ McPension left him a considerable criminal element, he appears to have done nothing to weed out the noxious blooms in the FPD flower bed during his abortive, two-year stint as Chief.

– Joe Sipowicz

Last week Sharon Quirk-Silva invited me to join her public chat with Fullerton Police Chief Michael Sellers at the Fullerton Museum Center. Chief Sellers answered a variety of questions from Fullerton’s usual cluster of civic participants. Some were there to ask legitimate questions, while others used the open Q&A format to primarily talk about themselves under the guise of asking a question (the excessive use of the perpendicular pronoun reveals the intentions of the self-important).

The most vacuous question of the night came from school board candidate Aaruni Thakur, who was interested in the number of Baker to Vegas trophies displayed in the lobby of the police department. While some of us at FFFF would never question the opportunity to make a mockery of the ‘ol dog and pony show, it struck me as a missed opportunity for the untested school board candidate who should have been impressing us with his civic insight.

So on to Chief Sellers. He gave most of the answers that one would expect, citing crime statistics elaborating on existing department policies. Nothing surprising or terribly revealing.

But here’s what struck me: I listened to the Chief of Police for an hour and a half, and not once did I catch a hint of the authoritarianism that tends to seep out of career law enforcement bureaucrats. He never implied that he “knew what’s best for the people”. His responses to controversial questions on marijuana dispensaries and homeless disturbances were telling – Sellers said he can only enforce the laws that the People enact, regardless of his personal feelings on the issues.

Sellers came across as genuinely amiable to policing methods that seek to reduce crime through community interaction, rather than relying purely on brute-force suppression and mindless “law and order” approaches that alienate law enforcement agencies from the people whom they are supposed to serve. Officers are encouraged to build relationships and find long-term solutions to crime problems, rather than just cycle junkies and gang bangers through our failing prison system.

I left feeling surprisingly satisfied with the police chief appointment that our city council made last year. Hopefully Sellers turns out to be “tough on crime” without being tough on the rest of us.

October 9, 2011October 9, 2011Behind Closed Doors

Did Fullerton Cops Target Chris Norby?

by Joe Sipowicz60 Comments

porcine — By the way, who are you and whom do you represent?

Last April I wrote this look back at what sure seemed like monkey business on the part of FPD spokesorifice Andrew Goodrich. Knowing what we know now about the lawless way that FPD operates when so inclined, the idea that they leaked potentially embarrasing information about someone they considered a political enemy is in no way surprising.

Many have wondered how Goodrich, after having failed to tell a single truth at any juncture of the Kelly Thomas murder epsiode, kept his job. The obvious answer is that the City Council, the City Manager, and the Acting Chief think he is doing a good job.

It could also be that because the estimable Goodrich is an officer in the police union they don’t have the guts to take this valuable piece of manpower and put him back on the street.

– Joe Sipowicz

The other day, our Travis Kiger engaged in a comical e-mail exchange with Fullerton PD’s $130,000 per year spokesperson, Sergeant Andrew Goodrich. Here it is:

Read the whole email

Note that according to Goodrich, FPD policy is that the police log book may be perused at the station – but not copied. When unexpectedly queried as to how the Voice of OC(EA) managed to get a copy of a domestic dispute entry involving Assemblyman Chris Norby last September, the good Sergeant noted that it was due to the “constant” requests they had from the media. Hmm. Well, that makes so little sense that we may as well backtrack to review what happened. Something ain’t quite kosher. In fact a smell is emanating from this pile of Goodrich road apples.

Last fall, 72nd Assemblyman Chris Norby seems to have gotten into an argument with his wife. Some sort of delivery person, adventitiously arriving at the front door of Casa Norby, called the cops, who arrived, took a statement, and left. The date of the incident was September 2nd.

The Voice of OC(EA) finally got around to posting about the issue, here, on September 27 – almost four weeks after the fact. The Register followed up with a story a couple of days later. Other than that, general media silence. Wow, Andy, what a feeding frenzy!

Now that we know Goodrich’s excuse for violating FPD policy is nonsense, we are entitled to ask why Goodrich was so cavalier about passing out copies of the log – against policy; and further, we ought to ask how and why the Norby episode came to light at all.

Note that the report posted by the Voice of OC(EA) was time stamped September 20, seven days before it was published. This means that they either sat on the story for seven days, or they received the document several days after it was printed. Hmm. And remember, according to Goodrich, the log is regularly purged.

Although it is possible that the Voice took a week to getting around to publishing its story, is it at all likely that an intrepid Voice reporter came across an FPD log entry in the course of his typical day’s toil? Or is it a whole Hell of a lot more likely that an employee of the Fullerton Police Department, growing tired of waiting for some lucky journalist to discover what would surely be an embarrassment for Norby, leaked it to a pro-union news source?

Mr. Goodrich could help clear this up by sharing his records of media requests for this information, and explain the date on the printout.

Of course it is possible that some other party reading the log came across the item, recognized Norby’s address, and passed it on to the Voice; but that would be supported by pretty long odds.

In any case, there certainly is an object lesson here for all of us, Friends. Privacy seems to be selectively practiced by the Fullerton Police Department. And mostly it is not practiced to protect the public – but them.

October 8, 2011October 8, 2011Behind Closed Doors

The Bill Of Indictment

by The Fullerton Shadow153 Comments

This outstanding comment was posted by “Simmons” yesterday in response to the bizarre letter to the acting police chief from somebody purporting to be the brother of Jay Cicinelli.

I strongly recommend that somebody simply copy this comment and read it at the next City Council. All of it, but especially 11A-o. Watch the resistance wilt. Oh, yeah: quit screaming and hit them with the truth.

#11 by Simmons on October 8, 2011

Well, I hate to be the bearer of bad news, but these FPD officers will never be punished by the justice system.

The fix is in regarding the upcoming Fullerton Police murder trials for killing Kelly Thomas.

Unfortunately, the powers that be appear to have conspired with the POLICE UNION to protect these police officers and the police union.

Let us review the facts and I believe that you will tend to agree with me.

THE MURDER

1. It appears the call from a local BAR owner was faked to give the FPD a reason to arrest Kelly. Thus, even the initial stated reason for approaching this “aggressive pedestrian”” is suspect. Side note: If so, the citizens of Fullerton should see to it that this BAR is closed – one way or another.

2. Six FPD officers took part in the murder; apparently two took a bigger part than the other four.

3. Ramos punched Kelly several times in the ribs, tackled Kelly and used his hands to hold Kelly’s NECK and used his body weight to hold Kelly down.

4. Wolfe, who was not charged, also punched Kelly 3 or 4 times, kneed him in the head, and used his body weight to hold Kelly down.

5. Cincinelli arrived and kneed Kelly twice in the head, used his Taser 4 times to shock Kelly, and used the front of the Taser like a club to hit Kelly in the FACE 8 times while Kelly was pinned to the ground and could not move or protect himself; Notably, Kelly did not respond to the clubbing by Cincinelli but that did not stop these animals.

6. A growing pool of blood did not stop the beating.

CAUSE OF DEATH

7. Yet, the official cause of death, according to the corner, is “mechanical compression of the thorax making it impossible to breath normally”; Really !!!! Interesting as will be discussed below.

8. In contrast, the UIC Documents stated that Kelly Thomas died of Blunt Force Trauma to the head (“brain death” due to “head trauma” due to “Assault”). MRI demonstrated diffused supratentorial gray matter infarction consistent with diffused anoxic brain injury.

9. Notably, diffused anoxic injury can be caused by either breathing problems (corner’s selection) or brain acceleration (UIC Documents – from Dr. who treated Kelly). (Note: diffused anoxic brain injury is usually by vehicular accident but can also be caused by head trauma from a beating). This is important as I believe the powers that been in this case have manipulated the selection of the “cause of death” for reasons described below.

THE POLICE REPORTS – Culture of Corruption

10. The Police were allowed watched a video of the incident to craft their reports; reports that had to be rewritten several times even after the video was used. This made sure the reports were consistent with each other.

11. There is apparently a culture of corruption at the FPD including police officers that have been described/be charged as pickpockets, thieves, sexual predators, kidnappers, thugs, and murderers . . . all hired by former Fullerton Police Chief and now city council member Pat McKinley.

A: Albert Rincon – allowed to serially sexually assault women in the back of his patrol car. Actions known to FPD management but nothing was done.

B: FPD police officer — sentenced to jail for fraud to support his pill habit.

C: FPD police officer — arrested in Miami airport for iPad theft.

D: FPD police officer — who smashed recording device on jail wall to avoid complicity in jail suicide.

E: FPD police officers — beating up and falsely arresting Veth Mam.

F: FPD police officers — lying on the witness stand about Veth Mam.

G: FPD police officer — beating up and falsely arresting Edward Quinonez.

H: FPD police officer — sexually assaulting a dozen women in the backseat of his patrol car, with recording device turned off.

I: FPD police officers — issuing traffic citations to harass protesters.

J: FPD police officers — ambushing and murdering a helpless homeless man.

K: FPD police officers — turning off recording devices during murder.

L: FPD police officers — colluding to falsify reports about said murder.

M: FPD superior officers — coaching said falsification and returning to street of said miscreants.

N: FPD police officer — spokeshole deliberately issuing lies to the media to misdirect, temporize, stall and otherwise obscure said murder and cover up.

O) FPD police officer — arrests Emmanuel Martinez by mistake (or on purpose) and he spends 5 months in jail. (why did the FPD and union thugs not help his aggressive pedestrian make bail?)

As for City Leaders – councilmembers insulting protesters as “lynch-type mob”; councilmembers discounting injuries of murder victim.

12. The FPD appears to be run by UNION THUGS, as seems apparent when several Kelly Thomas protestors (aggressive driver) were ticked (by a head union thug) for blowing their car horn in support of Kelly Thomas.

13. While the DA’s job is to protect the people (aka aggressive pedestrians when walking) by prosecuting criminals, in the Kelly Thomas case, the DA has been described as being on the side of the police, who are the criminals in this case, not the people. The DA has even been described as engaging in preemptive surrender before the investigation is complete.

14. Even with help from the video tape to “get their story straight”, the FPD story is a shifting story that appears to be morph as needed to fit the facts of the moment.

TIME LINE

15. Kelly Thomas, an unarmed 150 lb aggressive pedestrian sitting on a bench, was beat to death by 6 FPD police officers on July 5, 2011; apparently with all their combined bulk, mussels and weapons, they just could not seem to get Kelly under control without beating him to death.

16. While the Orange Count DA started his investigation on July 7, 2011, no serious actions were noted until after a large protest outside the FPD on July 18, 2011 and after July 30, 2011 when the FBI started its investigation.

17. At some point between July 10, 2011 and July 30, 2011, Fullerton City tried to settle the case for $900,000, most likely financed by the UNIONS, to keep this incident under the rug, so to speak and probably to keep the FBI out of their files.

18. On August 2, 2011 the Fullerton City Council meeting was held that discussed the Kelly Thomas case. Just hours before this meeting, Five (5) of the six officers were FINALLY placed on paid leave (one officer was already on leave for a different reason) but only after the FPD and City Council realized that this case was not going away, Kelley’s father could not be bought off, and the FBI were going to investigate.

19. This timeline, coupled with the shifting story of the FPD, coupled with the documented culture of corruption of the FPD and the Fullerton City Council, the demonstrated policy of fraudulently creating police reports using videotape and rewriting to make such reports consistent, coupled with the attempt to bribe Kelly Thomas’s father to hide the Kelly Thomas case, I have little trouble concluding that the FPD, some Fullerton City Council members and the Police Union (aka “union thugs”) have NO HONOR and will do whatever it takes to see that these police officers are found innocent.

THE CHARGES

20. Ramos has been charged with one felony count of second degree murder, one felony count of involuntary manslaughter;

21. Jay Cicinelli one felony count of involuntary manslaughter and one felony count of the use of excessive force;

PARRALLELS to ISAIAH SIMMONS CASE

http://juvienation.wordpress.com/2008/01/30/charges-dismissed-in-isaiah-simmons-case/

22. Isaiah Simmons, a 17-year-old convicted of armed robbery, died at the Baltimore-area Bowling Brook Preparatory School, a privately run residential program for juvenile offenders. Following an outburst that day, Simmons was set upon by a group of counselors, who, according to the Baltimore Sun, “pinned him face down to the ground, restraining him for about three hours.” After Simmons lost consciousness, the guards waited forty-one minutes before calling 911;

23. The school was shut down in March, the death was ruled a homicide; On January 29, 2008, Carroll Court Circuit Judge Michael Galloway dismissed the last of the charges of reckless endangerment that had been filed against the counselors in the Simmons case.

24. Bowling Brook administrator Brian Hayden said in a prepared statement, “With this dismissal, Judge Galloway affirms that these gentlemen had nothing but the utmost concern for the safety and welfare of Isaiah, and they reacted as quickly and effectively as possible in an effort to avoid this tragedy.”

24b. Simmons’s mother, Felicia Wilson, said she was “devastated and outraged” that charges against the counselors were dismissed. “I have no faith in the Carroll County justice system,” she said. “I’m not going to stop fighting for justice for my son.” Wilson has called for federal charges, and prosecutors plan to file an appeal.

25. Kelly Thomas supports and the citizens of Fullerton should get ready for their “outrage” when these cops are set free.

26. Side note: Don’t think that police officers are not aware of this phenomenon where suspects die when the suspect’s chests are compressed for long periods of time. Thus, if you want to kill a suspect in an apparently nonviolent way, a way that is difficult to prove was murder, simply apply sufficient pressure to the suspect’s back until he becomes comatose (as was done in the Kelley Thomas case if one believes the corner’s reported cause of death). When you hear the suspect cry out that he can breathe, you know you’re getting the pressure right, and simply hold it for sufficient amount time.

THE TRIAL

The trial will likely be a choreographed scam. I would not even be surprised if the DA and the defense team for the police officers (financed by the union thugs) get together and meticulously choreograph what case law will be presented, the best rebuttals to the case law, and the theatrics that will be used during the trial.

As I see it now, the State’s case depends on whether or not the DA can convince a jury that Ramos was committing a crime during the arrest. If so, the murder charge should stick as it does not matter if the death was an accident or completely the fault of Ramos as a death results from a criminal act committed by Ramos.
In contrast, if the jury does not believe that Ramos was committing a crime during the arrest, then the cause of death becomes critical.

This is where the coroner’s report becomes important as it differs in a material way from the UIC Documents. The coroner’s report puts the cause of death as: “mechanical compression of the thorax making it impossible to breathe normally”. The UIC Documents stated that Kelly Thomas died of Blunt Force Trauma to the head (“brain death” due to “head trauma” due to “Assault”). MRI demonstrated diffused supratentorial gray matter infarction consistent with diffused anoxic brain injury.

Diffused anoxic brain injury is consistent with the conclusions of both the coroner and the UIC documents. The difference: if the UIC documents are correct, then Ramos and Cicinelli are guilty of murder as they clearly caused all the head trauma (although Wolfe did to one knee to the head). If the corner is correct, pressure on Kelly’s back cause the death; a cause that cannot be attributed to Ramos alone beyond a reasonable doubt. The corner, DA, union thugs, Fullerton City Council and FPD really had to get together to figure this path out which is why it took so long for the coroner’s report to be made public.

In the end, the trial will be a choreographed circus and the cops will go free because the selected cause of death could not be attributed to Ramos and Cicinelli, there will be outrage among Kelly Thomas supporters, and the Union thugs will get richer off the tax pay money.

If there is to be justice in in Fullerton, it is going to have to come from the people.

October 8, 2011October 7, 2011Setting The Bar Low

Confirmed: Fullerton Cop Arrested for Stealing iPad at TSA Checkpoint

by Travis287 Comments

Here’s the story we reported at the end of June, a truly embarrassing tale of theft and utter stupidity perpetrated by one of Fullerton’s Finest. And a harbinger of things to come. Forget the final sentence. We now know very well about the moral turpitude that pervades pat McKinley’s police force.

– Joe Sipowicz

The following report confirms that an off-duty Fullerton police officer was arrested for stealing an Apple iPad at a Miami International Airport TSA checkpoint last month. According to court documents, FPD Officer Kelly Mejia was caught on surveillance video taking an $800 iPad from another passenger just after it had passed through the x-ray machine in the presence of TSA security agents.

View the arrest report

After the security footage was reviewed, Miami police canvassed the airport and discovered Mejia holding the iPad at the boarding gate. Mejia initially stated that she found the iPad and that she intended to keep it. Upon further questioning, the arresting officer says that Mejia confessed to taking the iPad and was placed under arrest for 3rd degree grand theft (a felony in Florida.)

The arrest report refers to Mejia’s occupation as a police officer and lists the address for FPD Headquarters as her place of employment. Kelly Mejia has been working with the Fullerton Police Department for at least six years and earns about $86,000 per year as a patrol officer.

It’s hard to imagine that this type of brazen theft in a high security zone would be anyone’s inaugural venture into pickpocketing. The authority granted to the occupation of police officer certainly presents many opportunities to bring home a little something extra on the side. I wonder if anything else is missing around here?

And how many pending criminal cases in Fullerton will be called into question if this officer loses her credibility in court? Will this officer be fired or just slapped on the wrist? Is this another indicator of ethical problems within Fullerton cop culture?

We’ll never know.

October 7, 2011October 7, 2011Behind Closed Doors

“Things Just Happen.” A Window Into The Cicinelli Defense Strategy

by The Fullerton Shadow206 Comments

An “aggressive pedestrian?” What?!

Helpfully provided by some locker room lawyer calling himself “John, Jay’s Brother.”

Acting Chief Hamilton:

I am writing you today regarding the unfortunate but real-life issue, the Kelly Thomas incident, a regrettable part of police work as you well know. In most cases these things happen with no intent on the parts of the officers to cause any level of harm, let alone have a person die in their hands; things just happen. We’re not talking a Rodney King incident, or the shooting of an unarmed transient as in the Charles Hill case in San Francisco, but a wrestling match with a few blows thrown to subdue an aggressive pedestrian who was stopped for lawful reasons. In this case, it wasn’t the fighting that created the fatality, but positional asphyxia, something common to arrest incidents across the nation. You’ve seen the video, as have many leaders in your department, and you cannot argue that these officers went in and beat Thomas to death; your fellow leaders in the department have made their observations and opinions clear. The facts support all but the first two officers, with the only portion unknown and least defendable found within the first few minutes where they are behind the tree and invisible to the camera. From the point when Corporal Jay Cicinelli enters the scene, Thomas is pulled into full view of the camera and all are in view the remainder of the incident.

While the death of Thomas is regrettable, the actions of the police department and the city are much more reprehensible, starting with the inadequate chief who said nothing but drifted off into his protected stress leave, and a new city manager who sorely lacked the experience to capture and control this from the onset. Now, to have it left in the hands of the “unbiased” outside investigator has only exacerbated the problem as he bends to the political pressure brought on by the media and the accusing brothers whom themselves have suspect motives. You know well what I am talking about.

I am writing on behalf of Jay, though I’ve looked at Manual Ramos as well and find little fault in him concerning this death. Two officers do a pedestrian stop based on a call from a local pub. The stop is legal, as well as their motive to detain and arrest Thomas as a possible suspect for 459 PC, burglary. Thomas fails to comply, and the fight is on, with no less than two broadcasts placed for officers to respond code-3. With one officer out of shape, the fight is limited before Ramos spent his energy, and the second who remains on top of the subject is hurt. The third officer on scene knows nothing but that his partners are in a fight, need help, and experiences them exhausted, hot, sweaty, and breathless, in a struggle with a bare-chested suspect. He deploys the stun gun, dry first, and with the barbs second, but each having no effect. In-fact, the only result seems to come with an officer receiving the shocking transfer of the jolt through Thomas’ body, into that of Officer Hampton. What comes next is basic police work: A few knees by Officer Joseph Wolfe, as well as some punching to the face area. Jay struggles to maintain his stun gun as Kelly attempts to disarm him twice, followed by Jay swinging it around a few times, then a few (between 3 and 5) ineffective swings with the stun gun to hit Thomas and stop his actions. As you know, Jay and Manual are at the lower portion of Thomas’ body, not the chest area where the medical problem arose. After this, there is little that happens until they finally handcuff Thomas, and those who do, not Jay or Manual, leave him handcuffed and hogtied on his chest for several minutes. Do I have to point out to professionals that people die from this alone every year in the hands of police officers? So how then, do they so adamantly point the finger at Jay and Manual? I know why: political pressure.

I find it hard to believe that people, from “Chief” Sellers, to the city manager, to the politicians sitting on the city council, don’t have the wherewithal to stand up for the truth, and defend your officers who have sworn to keep and oath that threatens their lives every day. What I see is a series of cowardly decisions, made by people who are unwilling to do what is right, and defend these officers who were involved in a very unfortunate incident, and have been given up at Ron Thomas’ request, as “sacrificial lambs” if I remember the quote correctly. I believe strongly that everyone from the OC District Attorney to the politicians and their appointed investigator are getting this off their Teflon desks as fast as they can conceivably do, disregarding the low lying fruit within your department, because to them, this is a trivial matter and not worth the time to do the right thing. I believe that they are responding to the media when they assert that Jay has “mental issues” resulting from his LAPD shooting that caused the loss of his left eye. I understand that former Chief McKinley has already stated that in the media, that he wasn’t sure why Jay did these things, and that he was given the psychological evaluation before being hired, indicating that he buys into the mental status. From my records, my arbitral experience, and my legal experience with the EEOC, this would be called discrimination based on disabilities under ADA. Furthermore, the manner by which the city is treating these two officers is significantly different than their fellow officers who faced and currently face criminal charges, some of which are strong felonies, not wobblers. This is accurately described as disparate treatment, another cause of action that I strongly suggest be brought forward by these employees against not only the city, but those who are making the decision to suspend them without pay, thereby adversely impacting the lives of both officers and their families. And though they may deny these assertions, claiming some sort of sovereign immunity based upon their government status, the city, your agency and each person making such decisions are not immune from suits filed under the ADA, and are therefore subject to compensatory, special, future, and punitive damages. Finally, as it comes to the seven tests of just cause, the action taken to suspend these officers comes unfounded based on the lack of a full and complete, unbiased investigation, and the assertion of “rule violations” is most apparently contrived for the purposes of eliminating a political animal that rests heavily on the backs of every person listed above.

I pray that you will step in the gap for these officers, to make decisions that are not based on politics or public opinion, but on facts. And, if the facts are not there to support such negative actions, I strongly urge you to state this to those who are pushing you to make adverse decisions regarding these men and their families. There have been many men throughout history who have changed their course of direction for the right reasons, and have faced scrutiny for doing so. To change course in this case is the right decision, as you know deep down in your heart, and one that will come at a price. Is your future career at a heavily scrutinized department worth the futures of these officers and their families? Please understand that if the leaders above you, who push to get rid of these officers without proof, but based on the ugly pressures of public opinion, do not change their course of action against these officers, each action and decision will not go unanswered, and the legal and political issues they face now will only be exacerbated when these officers are cleared of their charges in court when their day comes.

Sincerely,

John

Jay’s Brother

October 7, 2011October 7, 2011Big Brother

Fullerton Police Beating Complaint “Sustained” by Internal Investigation; Officer Named.

by Travis250 Comments

Wow! Remember this story we posted way back on June 14th? It’s about a guy who claimed to have gotten physically assaulted by the FPD, who he says robbed him, and threw him in jail. Back in June this guy’s story was assaulted also, likely by the same goons who beat him up. Officer Cary Tong was identified as the culprit in the case, and, perhaps we should start including his name on the FPD Hall of Shame roster.

In light of all the horror stories that have emerged from the FPD dungeons since we posted this story, it seems more credible than ever. I wonder if all the trolls who tried the hair-splitting approach to discredit him are having second thoughts.

And I wonder if this guy has had the good sense to contact Garo Mardirossian.

– Joe Sipowicz

When we posted a college student’s allegations of police brutality last week, several commenters responded by calling the victim a liar and saying that the claim could not possibly be true.

Well, here is the truth according to FPD’s own Internal Affairs department: the complaint containing allegations of brutality and theft was “sustained” against FPD Officer Cary Tong.

Read the findings (pdf)

The letter from Chief Michael Sellers calls officer Tong’s actions “inappropriate and not within policy,” and states unequivocally that “a finding of sustained means that the evidence indicates that the complaint was well founded.“

Officer Cary Tong was listed as both the arresting and booking officer that night, putting him at the center of the entire event described by the victim in the complaint. That complaint included a long list of violent actions against the young man while he was handcuffed, including the deliberate breaking of his finger, theft of his personal cash and several beatings both at the arrest scene and during his booking at the jail.

The opaque and severely limited disclosures made in this non-public letter are a direct testament the police union’s lobbying power, which has fostered laws and an internal culture that encourages police departments to protect bad officers and keep their abuses secret from the public. In this case, we still don’t know if the officer was punished with a light slap on the wrist or even disciplined at all.

In all likelihood, Officer Tong is still patrolling the streets of Fullerton. Shoot, he might even pull you over tonight.