Reading the Tea Leaves: Parsing the Statements out of the DA’s Office

Attorney Mark Cabaniss has provided us with more expert analysis on the potential prosecution of the Fullerton police officers responsible for Kelly Thomas’ death:

It is getting close to decision time for the DA in the Kelly Thomas case.  While the investigation is still not completed and must be before any charges are brought, if any are brought, some of us are nervous, and increasingly disturbed at the way things are going, or not going, and at the unseemly deference given to the six police.

Unfortunately, in public pronouncements about the case, the Orange County DA’s office has sometimes given the impression that they are on the side of the police, even though the police are the criminal suspects.  This is unusual.  Usually the DA is on the side of the people, and against the alleged criminals.  Usual prosecutorial practice is to charge as many people as possible, with the most serious charges possible, in order to create the most leverage for the DA to get people to plead guilty and settle the case without a trial.  For example, in a case with multiple defendants, the DA might make a deal for one or more defendants to agree to testify against the other defendant(s) in exchange for reduced charges, or even outright immunity.  And in every case the DA charges the most serious charges warranted by the facts, so that he can get the defendant to plead guilty to a less serious charge, in exchange for getting rid of the more serious charge.  But in this case, the Kelly Thomas case, the DA has set a pattern of preemptive surrender, conceding points to the (possible) criminal defense even before any charges are filed, indeed, even before the investigation is complete.

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Red County Blog Shoots. Scores.

Contemplating a bleak future?

Thursday afternoon I took a break from work and headed to the Civic Center in Santa Ana, to check out the public protest outside the Orange County District Attorney’s office. About 40-50 people had gathered on the sweltering hot sidewalks on both sides of Civic Center Drive, frankly a larger crowd than I expected given that A) it was hotter than Hell B) it was the middle of a work day and C) did I mention it was hotter than Hell?

The crowd was well-behaved, they took care to gather all trash as they finished water bottles or fast-food lunches, and they were careful not to block the sidewalk or bother pedestrians or bicyclists. Sorry Doc Jones, no lynch mob here. Click here to read the rest of Cynthia Wards awesome article titled: Justice For Kelly: D.A. Do Your Job.

More Squeals From Goodrich

UPDATE: Here is Goodrich as reported by Brian Martinez at the Register:

Fullerton police Sgt. Andrew Goodrich said drivers have been holding down their horns continuously for a quarter-mile up and down Commonwealth and Highland. He said the department received numerous complaints from nearby residents, businesses and park-users about the excessive honking and other instances of disturbing the peace such as yelling at and approaching drivers who don’t honk their horns.

Another outright Goodrich lie to the stupid. A quarter mile? Lie. Highland has been blocked off. A quarter mile south would take you under the tracks and past Truslow. A quarter mile east or west on Commonwealth would take you Richman or Harbor, respectively. Of course the trough feeding media are too dumb to even question any of Goodrich’s claims and absurd statements. So we’ll do it for them.

According to Marisa Gerber at the OC Weekly Fullerton cops started handing out tickets to motorists who showed their support for today’s protest. Fortunately some concentrated verbal rebuke from the protesters directly in front of the FPD building resulted in the cops beating a hasty retreat.

Now, for fun, let’s listen in on Ms. Gerber’s conversation with the 2011 Dr. Josef Goebbels Award finalist, Andrew Goodrich, who is, miraculously, still employed by the FPD as a spokesman, and whose lies and quarter-truths are piling up so fast we need wings to stay above his torrent of bullshit:
If you aim low enough you're bound to hit something...
“It’s not just the horn honking, but leaning on the horn,” says Sgt. Andrew Goodrich, spokesman for the Fullerton Police Department, about the people who were cited for “illegal use of horn.” The department issued three citations, one of which the captain voided, Goodrich says. 

Apparently Goodrich believes illegal use of horn merits paying a citation. Of course beating a man to death merits a paid vacation. Here’s more:

Goodrich says the police department has received “numerous complaints from residents and businesses” about the protesters in the past few weeks. The department received a complaint from one motorist who said their kids were frightened by a protester running in the streets.

Numerous? Really Andy? As numerous as the broken bones you claimed were suffered by the FPD killer cops in the “fight” you said they had with Kelly Thomas? I wonder if Kelly was as fearful of Goodrich’s fellow union members as those mythical “kids” were afraid of protesters running into the street. But Goodrich isn’t finished:

“The question was being asked of us why were allowing protesters to flagrantly violate the law,” Goodrich says, adding that the department has worked to give protesters some “latitude”. The police department contacted protest organizers last night, and again this morning, to ask for cooperation, he says.

“Flagrantly violate the law?” Is that phrase (coming from an FPD mouthpiece) supposed to be some kind of sick joke? Come on, Goodrich, who asked that question? Anybody? And were they at all concerned about FPD flagrantly violating the law by smashing a homeless man’s face in, killing him in the process? What’s that, Andy? Not flagrant enough?

And, by-the-way, thanks awfully for “working” to give us “latitude” to exercise our Constitutional rights, Sergeant Slime Trail.

Coming from the department spokesassclown who has deceitfully spun portly pirouettes around all the reports of serial law violations perpetrated by his fellow union brothers and sisters in the past few months, it’s now impossible for any objective person to believe a damn thing that emanates from this baboon’s yapper.

Now, here’s a question being asked of us at FFFF: can the FPD and the City be so detached from reality that they believe the jackass Goodrich is in any way doing them any good? I guess that question really answers itself.

Why is this sack of bovine excrement still employed?

Recall Petitions Are Approved; Signature Gathering Begins

We have received approval from the Fullerton City Clerk of the three recall petitions for Don Bankhead, Dick Jones and Pat McKinley.

I would like to give credit where credit is due and thank City Clerk Lucinda Williams for getting our petitions approved with three revisions in nine business days.  I spoke to a number of people who had been through this process on recalls and I would guess there are not too many examples of getting one recall petition, much less three, approved in that timeframe.  Thank you Lucinda for doing both a good job and the right thing!

Recall Petition – Pat McKinley
Recall Petition – Don Bankhead
Recall Petition – Dick Jones

Again, if you have not already communicated with us on your desire to be a Signature Gatherer, ESPECIALLY IF YOU ARE A REGISTERED FULLERTON VOTER, please send an email stating your interest to chris@fullertonrecall.com.

Many people have asked about online signature gathering, but that is not allowed.  If you wish to sign the petition, please either find a signature gatherer at your local supermarket, the Kelly Thomas Protests or events, the Thursday Fullerton Market or email chris@fullertonrecall.com  Tell your Fullerton Friends!

OCTA Uncut

A month ago we posted the OCTA surveillance video that captured the immediate reaction of witnesses after the Kelly Thomas beating.

Here is the full video from OCTA Bus 5599’s DVR on July 5. Perhaps our more observant readers can glean new information from the 18 minute recording. As always, leave your observations in the comments section below.

Update: As suggested by EyeNeverSayNo, I ran the audio through a noise reducer to help clarify some of the conversation. That version of the video his here.

The video shows all seven cameras at once and is best viewed full screen at 720p.

Open Letter to My Fellow Fullerton Liberals, by Steve Baxter


We all know why the right leaning Bushala blog, Friends for Fullerton’s Future and KFI radio hosts Jon & Ken are capitalizing on the murder of Kelly Thomas, and that is because, at least in part, they hate the police unions. Regardless of their motives, they are correct on this issue, and they, unlike you, are bringing attention to it. With the exception of current councilperson Sharon Quirk-Silva, who was the first to ask for resignations, and a well respected CSUF Professor, who have seen at the protest, so many of you established liberals, have an almost disinterest in the killing of a homeless man. The question is: Why? You are the royal opposition in this Republican demographic, we count on you, and yet on this one you decided to stay home.

Work demands have prevented me from hanging out with you lately, so please forgive me if I am wrong, but I’m not detecting any outrage at the actions of the police from most of you. I usually turn to you for leadership on a dozen other issues, but I don’t see that leadership here. I’m sure you are upset, but what seems to upset you the most is the fear that things will get disorderly, or that Fullerton’s image is soiled; not that one of the most vulnerable members of our community was killed by having his face beaten into hamburger by six of our police officers. I understand that you did your demo stuff in the sixties and that you still hate Nixon, but that check’s been cashed. I also understand that outrage on its own does not effect change, but sometimes an incident is so vile and so brutal, that to my mind one can’t help but get emotional about it. I’ve been to all but one of the protests in front of the police station and all of the council meetings since the killing.  I’ve looked for you and wanted to say hello. Where were you?

Long before we came creeping up your north Fullerton hills and joined you in the nicely paved part of town, my wife and I rented an apartment atop one of the downtown shops on Wilshire Boulevard. As someone who still spends a lot of time downtown, and someone who does not take a wide berth of the homeless, I was acquainted with Kelly Thomas. After the homicide, the story that was spun about Kelly by city officials was downright ridiculous to everyone that knew him. What the police did not count on in this case was that his father was a former sheriff, or that Kelly was not just another eyesore. Kelly was actually liked by many in the downtown community. I tell you this only because you do your mingling at backyard fundraisers on Skyline Drive and in this part of town people like Kelly Thomas could not walk two blocks before someone’s maid was told to call the cops.

There are some left-leaning Fullerton residents like Jesse LaTour and Jane Rand, who are present in the Justice for Kelly movement, but you consider these folks to be too fringe to support anyway don’t you? The votes from the last election show that many of you opted for Bankhead. In light of this I would now argue that most of you are not really liberals, progressives or leftists anyway; you are just pro-bedroom community.  After everything the police and city officials have done here, you are more comfortable advocating for bike paths, making sure your neighbors have period appropriate door knobs, and attempting to prevent development. I like bike paths, and I don’t want 760 homes built in Coyote Hills either, but that spying on your neighbor’s stuff in search of historical inaccuracies is a bourgeois wank. These things need to take a back seat while our city is still in the shadow of a murder and an ongoing, official stonewall. I’m an environmentalist, but if I was in Birmingham Alabama in 1963 after four little girls were blown to bits because of the color of their skin, my efforts to clean up the local swimming hole would have taken a back seat to my demands for justice. I suggest you do the same.

As a reminder this is why the actions of at least six of our police officers, and any number of city officials, is worthy of your usual scorn and attention:

  1. Our police department allowed the officers that committed this homicide to watch the video of the killing and script their report as if they were scoring a movie.
  2. It took a month and a lot of public outrage (what you call a mob) before five of the six cops were put on administrative leave.
  3. They were only put on administrative leave.
  4. After the homicide, the police proceeded to rape Kelly’s memory by pinning convenient and false charges around his crushed neck.
  5. Dick Jones is being Dick Jones.
  6. I pray this never happens, but you must know that if six homeless men were charged with beating one police officer in the same spot where Kelly Thomas cried out for his father, the tape of the “incident” would have been released to the public shortly thereafter, and the round up of all untidy pedestrians in Fullerton would have been on.

Kelly Thomas was most likely murdered for being confused. His confusion was perceived as disrespect and non compliance, and six giant dimwitted egos with clubs and badges lost control. Why does this not upset you? Why does this no longer resonate with you? Which of the following best describes the reason for your inaction?

a)       The Fox news crowd was correct about you. Too many of you liberals are, in fact, elitist. If you are asked to compost your refuse, or to donate to the library, you are on board. If, however, you are asked to stand in the sun and risk offending powerful and armed individuals that police our community, it’s best that we remain calm and wait for the authorities to get to the bottom of it.

b)       You are white and mostly affluent. The police have always called you sir and madam, and you would prefer that we sacrifice a few dingy homeless to the nightstick than have Fullerton perceived as a safe haven for the homeless.

c)       You are cowards. It’s one thing to try to regulate the actions of some jerky developers with hideous Miami Mansion dreams bouncing around in their greedy heads, but it’s another to stand in front of armed police officers and demand that they do the right thing.

d)       You falsely believe that something as horrible as this could never happen to your son or daughter

e)       And finally – no issue, apparently even police corruption and the murder of an unarmed skinny homeless man, would dare allow you, my fellow privileged Fullerton liberals, to ever be on the same side of an issue as an opportunist like Tony Bushala.

My hope is that after checking off one or more of the above, that you do a little reflecting and then come join the rest of us, of all political stripes, in front of the Police Station and in council chambers for Kelly Thomas.  You may find that demanding justice for those who normally do not have a voice is just like riding a bike.

Respectfully,

Steve Baxter
Fullerton, CA

In the past I have had very little love for FFFF,  as I feel that this blog is equal parts, reward/vendetta, as it is political advocacy.  This time, however, we are on the same side, and I greatly appreciate the continue attention that FFFF is bringing to Kelly’s Thomas’s brutal beating and murder. I am happy to stand side by side with anyone who wants those responsible for Kelly’s murder as well as the subsequent obstruction by city officials, to be held accountable. For me at least this rises above politics. In this instance I would like to say KEEP UP THE GOOD WORK.

The Fullerton 6: A Death Penalty Case

Here is a guest blog from Mark Cabaniss, an attorney who has worked as both a prosecutor and as a public defender. Mark has written several interesting pieces on the Kelly Thomas case over at GreaterLongBeach.com.

Reportedly, the Orange County DA is waiting for the coroner’s report before deciding whether to file charges against the six Fullerton police in the beating death of Kelly Thomas.  As the medical evidence comes in, it looks increasingly likely that charges will be filed.  But will the charges, if they are brought, be minimal, or will they be serious?  Will they be the most serious charges warranted by the evidence?  We don’t know.  What we do know is that Kelly Thomas died after six Fullerton police severely beat him.  The DA is still waiting for the official cause of death to be determined, but for the sake of this article, I am going to assume that the death came about as a result of the beating.  Now let us make two further assumptions:  First, that the police were committing a crime during the beating leading to the death, and second, that the death was unintentional, i.e., an unplanned consequence of the beating.  If that is what happened, that the police illegally beat Kelly Thomas and he subsequently died as a result of that beating, then there are two ways to charge the case under California law, depending on whether the police were committing a misdemeanor, such as simple battery, or a felony, such as kidnapping or torture.  If the underlying crime was a misdemeanor, then the case would properly be charged as involuntary manslaughter.  But if the underlying crime was a felony, then the case would properly be charged as felony murder.

The difference is simple.  Suppose you get in a bar fight and get your arms around a guy, trying to throw him down.  He stumbles out of your grasp, but, unfortunately for you, (and him,) he trips and falls, smacking his head on something hard, killing him.  This would be a textbook case of involuntary manslaughter, because the death was an unintended consequence of your misdemeanor, i.e., simple battery.  Now consider the same hypothetical, only this time you grab the guy not in a bar fight, but in a kidnapping.  Again, he trips, falls, and dies.  Now this is a case of felony murder, since the death resulted from your felony, i.e., kidnapping.

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UCI Docs Say Kelly Died From Blunt Force Trauma, Assault

The attorney for the Thomas family released some medical reports from UCI today. They say that Kelly Thomas was brain dead from head trauma as the result of an assault and there were no drugs or alcohol found in his system

View the records

Chris went up to Garo Mardirossian’s press conference today to get the details. Check out the Taser demonstration at the end of the video.

Protest at the DA’s Office Tomorrow, Thursday Sept. 8

Ron Thomas just announced there will be a peaceful protest outside Tony Rackauckas’ office tomorrow from 11:00-2:00. For those of you who haven’t been following along, Rackauckas is the Orange County District Attorney who is dragging his feet while trying to decide if he should bring charges against the six Fullerton cops who beat Kelly Thomas to death.

When: 11:00AM – 2:00PM

Where: 401 W. Civic Center Dr. Santa Ana

Be there!

Be here.