Courtroom Showdown!

Hero. Deserves.

This week FFFF and local hero Joshua Ferguson do battle in a courtroom with the defenders of incompetence and opacity – the City of Fullerton, represented by in incomparably stupid and corrupt law firm Jones and Mayer. The Voice of OC outlines the details here, so I’ll let it go at that, other than to remark on the sad state of affairs when a citizen is sued by his own government in retribution for what they did.

34 Replies to “Courtroom Showdown!”

  1. “sued by his own government in retribution for what they did”… nobody is blaming him for what “they” did but only for publishing information intended for City Attorney review (before potential public disclosure) & failure to discontinue said action. . The court must decide wether the information was in fact lawfully obtained and if obstinance to stop publishing sensitive documents warrants a reprimand. yes the window was wide open and there were no trespassing signs but it wasn’t like a little kid climbing in to get cookies it was a grown adult who took the whole cake and won’t give it back.

    1. It’s laughable to think that the city is in the right here. When you leave the barn door open and don’t bother latching it, you can’t expect people to stay out for long. In this case, the city not only left the barn door wide open, they invited Joshua in to look around. Then they squawked when he saw something they didn’t want him to see. They had every right, unfortunately, to keep the information private. They chose not to do so. That’s in them.mthe verdict is a foregone conclusion. The only one who doesn’t see it is the city…..and, maybe you.

      1. No, this isn’t about a barn door being left open. it’s about leaving the public documents you’re trying to hide in a public right-of-way.

    2. Of course they. They put the information on the internet and when he published it they sued. Your metaphor is so lame I know you’re not a lawyer. Unless you work for Jones and then your little comment makes perfect sense. Kimberly?

      1. Fullerton old timer, I’m not relying on education to make my remark but based common sense that everyone can see.. it is innacurate information once again … “When he put the information on the internet and published it they DID”n’t sue. The collective decision result was simply because he wouldn’t “cease and desist.” Which to me is sort of dumb, as the damage had already mostly been inflicted. What is the defendant trying to prove to everyone. It doesn’t seem like a smart fight.

        1. The defendant isn’t trying to prove anything. He’s being legally and economically harassed by the City, specifically Flory and Fitzgerald who would rather try to intimidate an honest man than blame the corrupt incompetent at Jones and Mayer and their own city manager for withholding documents that should have been produced.

          You can’t possibly be this dumb.

  2. The Pentagon Papers case I thought settled that! As long as a non paid, i.e., not your agent, gives you the info, you can publish it. Even the Dems think it’s OK (whistle-blower report published).

    I think you can find press protection with a little research. Good luck and keep us posted. Be diligent, even stupid lawyers can win.

  3. I wish you luck and hope you prevail. The City, through their own incompetence, is solely responsible for this.

      1. And yet no one wishes the City success outside the sacred precincts of the City manager’s compound at City hall.

    1. Came here to post this. Yay for justice.

      Can’t wait to see the tape. And if you don’t already have it, since you’re in court already on this……litigate it.

      Since I’m here already I will say that publishing of a social security number (one of the alleged fears of the City) is already prohibited by California Civil Code Section 1798.85(a)(1), and common sense these days dictates that it would be wrong to post a home address or other personal identifying information of police officers or other public figures unless there was a public need to do so.

    Keep the good fight !! PBS looks like the are goin in!! Cops in Fullerton have lots to dig out of!!
    The Fight to Know

    Season 10
    In the beginning of 2019, California, one of the nation’s most secretive states when it comes to police files, passed SB1421. The new law made public thousands of police records pertaining to police dishonesty, sexual assault and use of force. And in an unprecedented move, forty news groups partner to dig into these once-secret police files. But even after a year into the new transparency law, journalists and the public are realizing that the law has its limits when it comes to investigating police misconduct.

    TuesdayFeb11, 8:00 PM PT KCET-HD
    WednesdayFeb12, 12:00 AM PT KCET-HD
    ThursdayFeb13, 5:00 AM PT KCET-HD
    ThursdayFeb13, 11:30 AM PT KCETLINK
    ThursdayFeb13, 12:00 PM PT KCET-HD
    ThursdayFeb13, 9:00 PM PT KCETLINK
    SaturdayFeb15, 12:30 PM PT KCETLINK
    SaturdayFeb15, 7:00 PM PT KCET-HD

  5. BTW – Jesse LaTour. Someone I considered to be one of my closest friends. Someone I worked with on countless art projects and social justice movements for the better part of a decade, unfriended me because I was critical of how the Fullerton Observer, and he personally, handled this story. The worst thing about being a liberal, is not the views we hold, it’s that the little backbone that we have, is best utilized sucking the cock of those democrats in power. I disagree with most of your views Josh, but I have your back 100%.

    1. LaTour is jealous of Ferguson. Why? Because Ferguson is his own man. A real man. LaTour wishes he was his own man, but Latool is Sheron Kennedy’s bitchboy.

      Ferguson will soon own Fullerton.

    2. Not at all surprising, Bax. Your buddy thinks he critically thinks but when confronted with an opposing view he is hard pressed to ‘see’ that side. I’ve been unfriended for having an opposing view before. Says more about the “unfriender” then anything else. Easier to delete uncomfortable views then actually try to understand them!

    3. Mr. Baxter, be a more selective when it comes to friends. Jesse LaTour will always cow down to authority. It’s his nature, obviously not yours.

      The good people of Fullerton miss hearing from you at public comments.

  6. Contacted production @ SoCal Joshua you jus landed a possible mention tonight, looks like Fullerton will def be a big mention. Must see TV new production tonight on PBS. Joshua gets airtime once again. -KFI , PBS, KCET What’s nxt? Looks like the public wants the truth.

    This story could be detailed. The blog detailed a potential agreement between Fullerton and former Lt. Kathryn Hamel in an effort to hide any potential misconduct records from public release under the police disclosure law — SB 1421 — that kicked in at the beginning of last year.

    Before the city sued Ferguson and the blog over the secret documents, he filed a California Public Records Act lawsuit against Fullerton for allegedly failing to provide police misconduct records, including Hamel and Felz records.
    The City will revise its Notice of Intent to Discipline Hamel to remove allegations relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness. The Interim Police Chief will place a notice in the file indicating that, pursuant to settlement, all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained. The IA investigation, and related materials including the revised Notice of Intent to Discipline, will be sealed and maintained in the Human Resources Department, and only in the Human Resources Department, with a notice reading: “THIS IS A SEALED FILE AND SHOULD NOT BE DISCLOSED OR OTHERWISE PRODUCED WITHOUT WRITTEN PERMISSION FROM THE CITY MANAGER, AND ONLY AFTER RECEIVING A WRITTEN OPINION FROM THE CITY ATTORNEY THAT SAID RELEASE OF INFORMATION IS REQUIRED UNDER APPLICABLE LAW.”

    “The City asserts, based on a “not sustained” finding of all charges, because she was asked to leave,that any and all records relating to this investigation are not subject to release under Senate Bill 1421. The City further asserts that any challenge to this legal opinion by any entity will be defended by the City – in court if necessary – to the fullest extent.”

    Since Jerry Brown made it possible to find out when police lie, sexually assault people and cause great bodily harm through SB1421 the police and local governments in CA have been scrambling to find ways to block it’s implementation or ways to work around it and here we see one of those ways.

    We citizens should fully expect that this is going to be the new normal.
    In this case a family was torn apart and 2 died shortly after.
    Lacking consequences the police will continue closing cases and ending investigations to protect their own.
    This above could very well be on topic.

  7. So you are saying that if a bank accidentally gives me $100,000 and puts it into my account, and realizes it later that it was a mistake and not mine, I now get to keep it according to Josh’ defense? LOL. This case is a simple case. Josh got the information that he wasn’t supposed to have in the first place. He got it by mistake. That’s all fine and dandy. When asked to give it back and remove it, he refused. A bank would sue also, as would anyone else. Josh has zero shot of winning this case. Zero. I would wager any amount of money with anyone here on this result.

    1. No, that’s not the correct analogy. It’s actually not remotely comparable, legally speaking, unless you’re an idiot. News agencies are not, ever, under any obligation to return government documents.

      The question on the table concerns theft. To prove theft, the City has to demonstrate someone did something overtly illegal and they have to prove that someone did something illegal with that information. The City can’t prove either, let alone one half. In your example, spending money that isn’t yours is actually illegal. Publishing government documents that aren’t yours is not illegal. Pretty important difference.

      Fullerton taxpayers are going to be on the hook for a seven figure check with this is done, between paying Jones and Mayer to cover up their own mistake and what will be owed to the defendants. You’re welcome to take your bet and help cover Fullerton’s expenses, as are the individual members of the City Council who are either too arrogant or too stupid to get an outside opinion before voting to sue people who did nothing wrong.

      1. It’s safe to ignore officer Omalley. He is constantly proven wrong. That’s why he’s just a dumb cop and not smart enough to be a lawyer.

            1. That’s cool how you respond with 3 different names all at once Josh. Tricky. Stick to your real name. Don’t be scared of O’Malley as Chief. I heard Fullerton is hiring him next year.

    2. Reality is…Josh uncovered many crimes! That is where the attention should be. No let’s jus pay attention to the one who caught the criminal not the crimes! Total cover up goin on here. Take Hamels pension and pay to the people’s lives Fullerton Police has harmed with all the bad behavior!
      Reality is a cop commits crimes to get a promotion and then gets asked to leave with a big fat pension- Nice work city of Fullerton. Didn’t 2 people die because of her lies?Thats what I heard

  8. Josh jus saw your famous blog mentioned on PBS! Congrats to ya. Looks like your work is really doin good in our community.

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