Born To Lose: The Do-Nothing DA’s Recipe For Failure

I’ve been thinking about this for months. It’s been gnawing at my spinal cortex. It’s been chewing on my psyche. It’s been snag-toothing the back of my brain. There is no polite way to put this. OC District Attorney Tony Rackauckas’ case against the goons who killed Kelly Thomas is designed to fail.

There are just too many lose ends overlooked or ignored by the DA. Too many unasked questions. Charges that are mystifying, flimsy, dubious, ultimately useless.

If ever anybody looked like a patsy it was the obese clown Manny Ramos, who, as Rackauckas pointed out,  initiated the brutal contact with the schizophrenic, undernourished homeless man.  But other than possibly joining the pile on, Ramos is not said by the DA to have been part of the actual beating laid down on Thomas. That was said to have been perpetrated principally by the one-eyed cop Jay Cicinelli, who was hit with paltry charges and a paltry bail.

The Second Degree murder charge against Ramos won’t stick since his lawyer need only point to the damage done by the other cops, four of whom have already been exonerated of any crime by the DA. And Cicinelli’s lawyer will argue that a cop tasering and beating a man’s face into his brain case is not to be considered excessive force by an OC jury, let alone manslaughter, since it never has in the past.

Joe Wolfe, whom we are supposed to believe had no knowledge of what was going on between Kelly and Ramos, a mere 15-20 feet away, and who actually delivered the first blow – a swing of the baton to Thomas’ leg, and who immediately piled on, was inexplicably given a pass by Rackauckas. Is it too conspiratorial to propose the possibility that Wolfe was actually waiting for Kelly to run away from Ramos? How long does it take to search a backpack?

And then there’s Kenton Hampton, whose thuggery has been well-documented on these pages; who arrived on the scene in time to hold down Kelly’s legs as he was being tortured and beaten by Cicinelli. He got a get out of jail card from our DA, too. So did Blatney and Craig, arriving on the scene to participate in the mop up operation, and possibly in phone/film collection activities.

Will the DA even bother going after Ramos anymore? With the preliminary hearing scheduled for March 28th, I wouldn’t be surprised if charges will be dropped, maybe even the charges against Cicinelli, as well.  Could Wolfe or Hampton still be charged if the DA has second thoughts about his strategy, and assuming he actually wants to convict somebody of something in this killing? Yes, it’s possible, but not very likely.

I’m starting to think the whole thing was just an elaborate whitewash of a conspiracy; a charade in which a weak DA ostensibly succumbed to public pressure, but never had any intention of vigorously prosecuting any cops. If so we are all in deeper trouble than we can possibly appreciate. I hope I am wrong.

And I hope if I am not wrong that Federal and civil trials will bring to light all of the information our Do-Nothing DA, by his action, or lack of action, seems intent on not disclosing.

Did FPD Leak Personnel Information to Larry Bennett?

Hey, you over there on the left. You can talk now!

By now we are all familiar with the impenetrable shroud in which law enforcement has wrapped itself, with the knowledge and support of supine politicians across the state who have taken its campaign money and endorsements.

In Fullerton this official Code of Silence is used by the Three Dithering Dinosaurs – Don Bankhead, Dick Jones, and Pat McKinley –   to excuse their deplorable failure of leadership in the aftermath of the Kelly Thomas killing. They couldn’t say anything, it was all about personnel stuff.

But what do we have here? Listen carefully to anti-recaller Larry Bennett on an October 19, 2011 Inside OC program:

Hey, wait just a minute! That bit about the “iPad woman” doesn’t sound quite right.Here’s a snippet from Lou Ponsi’s article in the Register on the matter, just yesterday, citing FPD spokesdoughnut Andrew Goodrich:

Mejia was placed on paid administrative leave after returning from Florida and has not been a member of the department since Oct. 28, said Sgt. Andrew Goodrich. The city can’t say the reason Mejia is no longer employed with the department, Goodrich said

October 28th, 2011. So why did civilian Larry Bennett say Mejia had already been fired (past tense) nine days before, and how did he come to have any information about that at all?

Stepped on somebody's weenie.

Was Bennett just lying? Could be. The truth hasn’t tumbled out of his mouth for at least six months. But let’s consider something else, implausible, but not impossible – that he was actually telling the truth of what he knew.

If that’s the case then it’s obvious that the cop personnel Code of Silence was violated by somebody in the FPD itself, as some one who knew what was going on with Mejia (any guesses?), told Bankhead, Jones, or McKinley what was happening, and one of them leaked it to Bennett; and then Bennett shared it with a TV audience! Either that, or somebody in the FDP went directly to Bennett with the news so he could beat the drum for a decisive, pro-active department: No Culture of Corruption here!

Well, selective leaks are nothing new for Andrew Goodrich. Police love to share information about suspects unless those suspects happen to be cops. In this instance it sure looks like the cop curtain of secrecy was opened just a bit in the service of trying to make the department and the Three Tired Tubers look decisive.

So next time you hear about the need for secrecy in all police personnel matters, remember this story of hypocrisy. Some things aren’t as secret as others.

 

She Bear About to Turn Violent?

Frustrated that the slow working of his mind could not process the new data, McKinley was about to flail about violently.

Here‘s an article in the Register about Fullerton Councilman Bruce Whitaker asking his fellow councilmembers to vote on whether to see the video of the Kelly Thomas killing at the hands of the FPD. He seems to be suffering from the delusion that Fullerton elected leaders should be intelligently informed.

It’s an interesting article for two reasons. First is the reaction of councilman Pat McKinley, former FPD Chief, and architect of the Culture of Corruption in the force. You would expect him to be opposed to letting anybody see the actions of goons he hired personally and let loose on the streets of Fullerton. But what’s that you say, Pat?:

Councilman Pat McKinley, Fullerton’s former police chief, said he is “violently opposed” to the release of the video.

“I think it’s completely off-base,” McKinley said. “It’s absolutely unprecedented, and it would be wrong to view that before the trial.”

Violently opposed? Now that doesn’t sound like a balanced man, does it? His reaction to a perfectly reasonable request says much about McPension the man. Is he about to go off the deep end?

Mcpension may not want the video released, but I assure you it has nothing to do with any trial, and everything to do with a recall election.

The other thing that struck me as odd is the City Attorney’s alleged request to the DA for permission to view the video and the imbecilic comments ascribed to DA spokesholetress Susan Kang Schroeder, who seems to be just making shit up. The council could watch this video as a closed session personnel issue and nobody else would have to see it. Also, the FPD is bound to have made copies so why ask the DA for permission at all – except to get that “no” answer you want? Acting Chief Hughes, who is neither investigating nor trying anybody, claims to have viewed the video 400 times! I’m starting to suspect everybody  has seen this video – except some of the council and of course, the public.

And as a final thought, is there anybody in Fullerton who believed the serial prevaricator Pat McKinley when, after an awkward pause on CNN, he denied seeing the video himself?

Chief Sellers Calls It Quits

He gave it 110%. Well, 10%, at least.

But not before ripping off the taxpayers of yet another $150,000 in the form of a disability claim. Apparently he got sick of his job and two compliant medicos agreed the poor bastard was just too ill to continue. But fear not. On disability half of Seller’s $18,000 a month pension will be tax free.

The City’s lawyer who dealt with the case is satisfied. Well, he’s not picking up the tab, we are. And come to think about I wonder how hard the City really pushed back on this scam.

Here’s the announcement from City Hall pensioner and new-hire Sylvia Palmer Mudrick.

Sidewalk Hijackers Support The Dinosaurs

Caution - ethical behavior narrows ahead...

And why not? Life is good when you can get away with grabbing a public sidewalk and build a building on it. “Are you crazy, Joe?” I can hear you saying. No. FFFF shared the story, here.

The sidewalk grabber was Mr. Anthony Florentine, proprietor of the Tuscany Club. Here he is chipping in to save the Three Dithering Diplosaurs:

And the guy that let Florentine get away with the heist was none other than former Fullerton Development Services Director F. Paul Dudley, whose incompetent tenure caused harm to Fullerton that will probably never be fixed. A member of Fullerton’s $100,000 pension club, Dudley makes extra cash lobbying his former employers on behalf of developers. So he’s working to keep the Old Boys in office, too:

Of course Dudley had help in brushing off the sidewalk scam, and then papering it over. And he had help in the persons of Don Bankhead and “Dick” Jones, previously beneficiaries of Florentine’s campaign largess.

What nice people.

So Who Do Downtown Developers Support?

Update: Gentle Friends, I forgot to remind you that Pelican Ontario was also shaken down, er, contributed $300 to Pam Keller for her Fullerton Collaborative just ’cause they care so darn much for Fullerton.

Here’s a snippet from the anti-recall Protect Fullerton Form 460 – indicating a healthy contribution from Pelican Ontario LLC.

What is Pelican Ontario? Why that’s the partnership proposing “Amerige Court,” that god-awful downtown Fullerton monstrosity in which millions of dollars worth of land is to be given to the developer for free. What’s that you say? Free? Of course. Because to people like McKinley, Jones, and Bankhead giving public resources to private interests without due consideration isn’t a gift of public funds, it’s being pro-business. We get stuck with the traffic and they get the campaign contributions.

You have to admit it takes a lot of nerve to attack Tony Bushala as a downtown developer when he isn’t, and at the same time take the money from people who have millions of reasons to prop up the Three Dyspeptic Dinosaurs. But these worthies are not bothered by ethical nuisances like hypocrisy.

It’s All About Image

UPDATE:

Sorry guys, I forgot to add this gem from the article:

In the weeks after the July incident, more trouble surfaced: an officer facing charges for stealing an iPad at a Miami airport; another facing termination after reports of sexual misconduct; police raiding the wrong house in search for a probationer.

This sentence sure makes it look like Ponsi is finally starting to lay the facts on the table, until you realize that we broke the Mejia story in June, before, the Thomas murder (Ponsi swiped that from FFFF without attribution); the raid on the wrong house occurred in 2010; Rincon’s debauchery started years and years ago and included the complicity of the entire department. And of course there is no mention at all of incidents that must have involved higher ups, like the Gochenour suicide and the beating, false arrest and phony prosecution of Veth Mam. 

– Joe Sipowicz

When you’ve had some practice, it’s amazing how much you can write without saying anything. In fact, between the first sentence and the last, people adept at it can cram all sorts of empty stuff into their essays. The conclusion is always the same. Reading such drivel is like eating a bag of marshmallows.

Here is our old friend Lou Ponsi of the Register doing his usual gig. The story is all about Fullerton’s image in the wake of the Kelly Thomas murder by members of the Fullerton Police Department. To his credit Ponsi finally describes the DA’s version of the actions of Ramos and Cicinelli: a “rain of blows.” Everything else is fluffery designed to avoid the critical main crux of Fullerton’s present problems: that out of control rogue cops have been permitted to prey upon the citizens of and visitors to Fullerton, and the Kelly Thomas episode was not an isolated case at all.

Ponsi’s story includes the obligatory interview with a Chamber of Commerce booster-type – Davis Barber (who also pretends to be a real reporter, yet tips his hand rather badly) and some business owners defending the honor of Fullerton. Oh, and of course there’s the de riguer academic “expert,” who arrives upon the scene to compliment the City for bringing in Michael Gennaco.

As usual you can avoid getting the sort of responses you don’t want by asking all the wrong questions.

Did Ponsi ask Acting Chief Dan Hughes to explain the actions of Rincon, Mater, Power, Mejia, Tong, Hampton, Cross, Goodrich, et al? Has he yet asked anybody to explain the call that came in the night of July 5th; or why the cops involved were permitted to watch the video and coached to re-write their reports?  Did he ask those interviewed if they knew about the serial transgressions of all these cops?

Bet not.

The strategy of the FPD and its apologistas now seems to be to make FPDs problems mostly about image and lack of communication with the public. The Kelly Thomas thing? Oh, yeah, mostly about two aliens who didn’t know how to deal with the mentally ill homeless.

Come on in and take the tour. Glad to see ya. Big hugs. Air kiss!

 

So How Many Brady Cops Does Fullerton Have?

Which is worse, ignorance or apathy?

Yesterday we published a post about a Fullerton cop named Vince Mater who had been identified in court documents as a “Brady” cop, a policeman whose veracity is so doubtful that the DA doesn’t dare put him on the witness stand.

And that got me thinking: are there other Brady cops on our payroll, and if so, how many?

I don’t know, and I can’t even find out. For some reason it’s a real big secret that’s carefully guarded. Of course it takes legal action by a defense attorney to get anything more than a cop’s name, rank and serial number. That’s the police state we have permitted to be erected about us, and that’s a helluvan erection.

On the other hand, simply knowing the actual total wouldn’t violate the sanctity of our Heroes. But, could it be that there are so many Brady cops the entire cop-superstructure would be threatened if the true number were made public? (Now we wouldn’t want the cops to lose public confidence in the police, would we?). Why isn’t it fair to speculate if we won’t be told?

What are the costs of having Brady cops on a police force, both in terms of civil judgments and inability to convict dangerous criminals? Who knows? My guess is that somebody like Pat McKinley, Don Bankhead or Dick Jones doesn’t know. Or care. After all none of these “esteemed” councilmen seems to care that a serial sex predator was knowingly left on the FPD.

Anyway, it sure makes you stop and think about it in light of the recent revelations of bad behavior by Fullerton’s boys and girls in blue. Could any of these fine, upstanding citizens be Brady cops? Could any Brady cops currently be on paid administrative leave, or even charged with a capital crime?

Bulls Eye! Charges of Illegal Lobbying Leveled Against Anti-Recall Team Leader

Everything's for sale!

Well, really, are you surprised? You shouldn’t be.

Political fixer, bag man, phony charity rip-off artist, carpetbagging spouse, lynch-type mob manager, lobbyist and, not coincidentally, head of the Fullerton anti-recall effort, Dick Ackerman, is about to be haunted by the Ghost of Crookedness Past.

Vern Nelson, the editor of the Orange Juice Blog, and staunch defender of the OC Fairgrounds against a swindle set up by Toad-in-Residence (and, not surprisingly, Anti-recall campaign manager) Dave Ellis, will be delivering a challenge to the DA’s whitewash of Dick Ackerman’s role as an illegal lobbyist in the slimy attempt to sell off the Fair to a group of insiders composed of Fair Board members themselves.

The dirty deal took place in the summer of ’09 when Ackerman started making calls to legislators on behalf of enabling legislation (that he only admits he “helped write”) even though he, himself had been out of office for less than a year – in direct violation of State law. Predictably, our honorable DA gave Ackerman a clean bill of health in the fall of 2010; but Lo and Behold!, in early 2011 Norberto Santana of the Voice of OC uncovered Ackerman’s actual billing records! You know, those embarrassing records the DA didn’t bother to look for. These records indicate illegal calls to legislators – which is exactly what Ackerman apparently told DA investigators he didn’t do. Uh, oh! Dick’s in a wringer!

When Santana published his discoveries, DA spoksholetress Susan Kang was quick with the smarmy defense: we reached the conclusion we did based on the evidence we had.

Wow. It’s amazing what you can’t find when you don’t look!

Well, Nelson is now calling Ms. Kang’s bluff and challenging on our do-nothing DA to do his job by re-opening the Ackerman case.

A year has passed, but the Statute of Limitations hasn’t.

 

A Tale of Five Killings

See those guys over there? They didn't do it!

I wonder if I’m the only person who sees the irony in the way law enforcement has pursued the recent killings of homeless men in north Orange County, versus how they dealt with the murder of Kelly Thomas – another helpless, homeless man.

An army of cops was mobilized to locate the murderer of four homeless men in and around “The Canyon” area of Anaheim. Without getting into the details of the capture of the suspect, I note that the police and DA Tony Rackauckas were only too willing to immediately discuss and share evidence about the recently nabbed suspect. Charges were brought, post haste. Forensic evidence studied? Naw. Lab tests performed? Of course not. Has the Coroner weighed in? Hell, that could take months! Why wait?

Now consider the murder of Kelly Thomas, a killing captured on government-controlled video, a killing witnessed by dozens of people who will testify that Thomas offered no resistance and that he was physically intimidated by Ramos and piled on by three other cops. We waited for 10 long weeks while the the Coroner did some sort of forensic work or other, even though it was known from blood samples taken at UCI that Kelly was not intoxicated.

The DA made a big deal about all the witnesses his investigators interviewed; but, what the DA was really doing is now pretty clear to me. It looks to me like he was working the system as hard as possible to avoid making a case against the killers. Defending the cops and propping up the rickety justice system in this county must have been the mission. Wolfe? Exonerated. Blatney? Exonerated. Hampton? Exonerated. Craig? Exonerated. Rewritten reports? Who cares? Superiors covering up? Not his problem. True, Ramos and Cicinelli were eventually popped, but only after a public outcry never seen before in OC. And Cicinelly who allegedly knee-dropped and repeatedly face-smashed Thomas was given a laughable $25,000 bail. You get more for shoplifting.

Then, of course, there’s the wretched abuse of justice perpetrated against Veth Mam, and no doubt others like him rung up on false charges because it fits into some crooked or lazy cop’s path of least resistance.

Any doubts about who the DA is working for? I have some.