FORMER FULLERTON POLICE SCHOOL RESOURCE OFFICER CHARGED FOR VIDEOTAPING UP HIGH SCHOOL STUDENT’S SKIRT
SANTA ANA, Calif. – A former Fullerton Police Department school resource officer has been charged with secretly photographing and videotaping up the skirt of a 16-year-old high school student.
The Fullerton Police Department initiated an internal investigation into accusations that Officer Jose Anthony Paez was acting inappropriately while on duty. The investigation spanned the last five years of the officer’s on-duty interaction with the public.
The internal investigation revealed several photos and video clips taken on Paez’ personal cell phone in November 2017 that were shot up the skirt of a 16-year-old high school student while Paez was conducting a police investigation on school grounds.
Paez stopped working for the Fullerton Police Department in May 2019. The Fullerton Police Department referred the case to the District Attorney’s Office for criminal prosecution.
“As the elected District Attorney, I am charged with judging the conduct of police officers,” said Orange County District Attorney Todd Spitzer. “Law enforcement officers are entrusted with a tremendous amount of authority and trust. The actions this officer engaged in betrayed that trust and preyed on the very people he was charged with protecting.”
Paez is scheduled to be arraigned on October 2, 2019 at the North Justice Center in Fullerton. He faces a maximum of one year in the Orange County Jail if convicted.
Deputy District Attorney Laila Nikaien is prosecuting the case.
A quick phone call to the DA’s office reveals that Paez is being charged with PC 647(j)(2):
“(2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone could identify or recognize the victim, including the victim herself or himself. It does not require the victim’s identity to actually be established.”
The DA’s office seems to essentially be charging him with peeping when there are questions of possession of child pornography in the audit conducted by Fullerton Police.
The Fullerton Police Department issued a Press Release written to show how awesome they are and how committed to openness and accountability they are – despite have little to no details in the release itself.
The closest we get to details is as follows:
“When the criminal investigation concluded, Fullerton detectives requested the Orange County District Attorney’s Office to review the case for filing criminal charges against Officer Paez, whose employment with the Department ended in May 2019.”
Notice how as don’t even get to know if Paez was allowed to resign or if he was fired. The Press Release then goes on to extoll the unearned virtues of FPD:
“We are committed to being first to hold accountable those within our organization who do not meet the high standards we set for ourselves. That is exactly what happened in this case.”
This is the same city/department that worked out a settlement agreement with an officer to expunge Internal Investigations into her conduct specifically to bypass disclosure laws.
That settlement agreement, and this story about officer Paez are two of the things we wrote about a couple of months ago are some of the stories that led to the City of Fullerton threatening us with prosecution for telling you things we think you have a right to know about but they want kept quiet.
Prepare for City Manager Ken Domer, Police Chief Bob Dunn and the entire council and school board to keep you in the dark as this “ongoing case” works through the system. The city has yet to even give us a date for when Paez left the force or who’s phone the child pornography that FPD found in their audit was on – Paez’s personal one or his department issued phone. Nor have they explained why an officer had student sexts and underage pornography on any device so easily accessed.
Is this just another case of a badge giving somebody a slap on the wrist when a civilian would have been prosecuted to the full extent of the law?
If someone takes the time to review the history of Fullerton over the past forty years, one thing becomes shockingly clear: when it comes to building things, maintaining things and planning for things, the City government just can’t do much of anything right. And yet over this long history, the City and the public seem to have the shortest of memories.
For the denizens of City Hall, the fact that the jalopy has no rear view mirror makes perfect sense. After all, if you’re pulling down well over a hundred Gs, with a trampoline retirement coming your way, why spoil things with strange notions like accountability and responsibility? It’s so much easier to pretend nothing bad has happened.
A little Jack Daniels gets you through the morning.
The people who live here on the other hand, have no such incentive; quite the reverse, in fact. So how come constant repetition of the disastrous lessons from the past are tolerated? Is it easier to just ignore the millions upon millions wasted in foolish vanity projects, make-work comedies, and deteriorating infrastructure? Maybe.
But I hope that by continuing the drumbeat started on this brave blog 11 years ago, sooner or later the populace will wake up to the ineptitude and dissimulation by its highly paid, and so far untouchable masters of disaster.
And so join me Friends as I take you on trip down memory lane, Fullerton style.
Today almost nobody remembers the comical City endeavor to transform Harbor Boulevard in the early 80s by removing on-street parking, adding medians, spike-laden, pod-dropping floss silk trees, and bizarre concrete peristyles along the sidewalks. Comical, did I say? It would have been funny except that it doomed the businesses along Harbor to slow entropy. The ridiculous peristyles were soon removed but the rest of the mess lasted for decades and many of the hideous trees and broken sidewalks are still there as a reminder that the City is perfectly willing to waste millions on hare-brained, concept-of-the-day tomfoolery that gives them something to do.
The stupid that men do lives after them…
The Allen Hotel, was Fullerton’s first foray into “affordable” housing back in the late 80s. It was a slum, alright and thirty years after the City’s bungling acquisition, the site is just begging for more “redevelopment.” Will it get it?
The once and present tenement…
The CSUF Stadium & Fundraising Fiasco of 1990 ought to give plenty of pause to those contemplating Big Projects with public money. The brainchild of slimy City Councilman and later slimy State Senator, Dick Ackerman, the idea was to build a permanent home for the CSUF football team. Only trouble was that the $15,000,000 stadium was completed the same year the plug was pulled on a dismal gridiron program. In typical fashion, the City invested in a fundraising plan in which a company was hired at a cost of several hundred thou to raise money, and didn’t. Oops!
Oh, boy, the other football!
The horror story “Knowlwood Corner” is a veritable textbook case of government bureaucratic misfeasance, from start to finish. The story started in the early 90s and dragged on for years and years; when the signature building was finally built, the missing second floor became a perfect symbol for this misadventure. From stupid economic micromanagement to horrible architecture, this one touched all the bases – and it took seven years to do so.
There is no second floor. Other than that it’s a 2 story building
The Bank of Italy Building was another disaster from the early 90s, but one that actually gutted an historic building. Millions in public money were wasted to pay for something that never should have been undertaken in the first place.
Deception, Incompetence and Damn Proud of It
The North Platform remodel of 1992-93 proved that no matter how bungled things were in Fullerton, it could always get worse. A landscape architect was hired to place as many impediments between passengers and trains as was humanly possible. Some of the citizens got wise, and half the crap was ripped out. Heads rolled in City Hall. Oh, wait, no they didn’t.
Trees and planters block the platform; staff obstruction was almost as bad.
Few folks now remember the Fairway Toyota dealership expansion fiasco from the mid-90s that required threatening an old lady with eminent domain and then closing off Elm Avenue forever. The City’s investment disappeared like an early summer morning’s dew when the dealership took off for Anaheim a few years later. After years of housing a used car dealership, the City permitted the development of another massive cliff dwelling along Harbor Boulevard. The losses were never accounted for but at least the neighbors got a nice view and early shade.
So bad he had to pull over and barf…
For those who can remember the Fullerton SRO debacle – a history filled with so much doubling down on stupidity that it strains credulity – it remains one of Fullerton’s saddest tales. Years and millions were burned on fly-by-night developers, one of whom turned out to be impecunious, and the other a flim-flam artist.
Fort Mithawalla, AKA, the Bum Box…
Fullerton’s Corporate Yard expansion was a mid-nineties project that left the City gasping for air. Despite hiring an outside construction manager and paying him a couple hundred grand, the project dissolved into a litigation mess that only escaped public embarrassment because nobody on the City Council gave a damn. Settlement details vanished into the haze.
The so-called Poison Park on Truslow Avenue may set the standard for Fullerton incompetence, although admittedly, the competition is fierce. In the late 90s, the City had Redevelopment money to burn and just couldn’t wait to do so. So they bought a piece of industrial property and built a park that nobody outside City Hall wanted. Cost? $3,000,000. Of course the site attracted gang members and drug dealers as predicted. Worse still, the land was contaminated and the “park” fenced off. It’s been like that for almost 15 years. And Counting.
Maybe the less said, the better…
No story of Fullerton calamities would be complete without once again sharing the tale of the Florentine Sidewalk Hijacking, in which a permit for “outside dining” was transformed one day by the Florentine Mob into a permanent building blocking half a public sidewalk. The Big City Planner, Paul Dudley, said everything was peachy. He was lying, of course, but did anybody really care?
Caution – ethical behavior narrows ahead…
In a great example of the tail wagging the dog, the Fox Theater has been used to justify all kinds of nonsense, including moving a McDonald’s a 150 feet to the east and later proposing development of perhaps the greatest architectural monstrosity anybody has ever seen. This saga is still going on, believe it or not, after two decades or more. No one knows how much has been wasted going nowhere on this rolling disaster, and no one seems the least bit interested in finding out.
Egad. What a freaking mess…
Some people might conclude that the majority of Fullerton’s disasters can be laid at the feet of the Redevelopment Agency (really just the City Council) and well-pensioned, inept managers like Terry Galvin and Gary Chaplusky. When they weren’t slapping brick veneer on anything that didn’t move, they were screwing everything else up, too. But when we regard the history of Laguna Lake we enter into the realm of Fullerton’s Parks and Engineering mamalukes. After spending a small fortune on renovating the lake, the thing leaked like a sieve. Hundreds of millions of premium MWD gallons were pumped into the thing to keep it full. The public and council were left in the dark, even as citizens were told to conserve water in their homes. Did anyone in charge give a damn? Did anyone ask how much money and water were squandered over the years? Of course not. This is Fullerton. We could ask Engineering Director Don Hoppe for details, except that he is now comfortably retired and pulling down a massive pension.
Water in, water out…
Our professional planners, have been knee deep in Fullerton’s morass. Over-development (see example, above) has been fostered and nowhere was this better seen than in the Core and Corridors Specific Plan. This idiotic plan wasted a million bucks of State money without a backward glance after the whole thing was finally dumped on the QT – too stupid even for Fullerton. Did anybody ask for their money back? Nope. And yet a link to a blank web page titled Core and Corridors still exists! Hope springs eternal.
The 2000s proved that nobody in City Hall or out, was learning anything, even after the expensive failures of the 90s. The “West Harbor Improvement” project in 2009, was an endeavor so unnecessary that it could only be proposed in Fullerton, where government “place making” has never succeeded. The alley is a barf zone behind a bunch of bars that only needs hosing down every Sunday morning.
Let the groundbreaking begin. No point in waiting to waste other people’s money, right?
This litany of disasters, follies and debacles brings us to the Pinewood Stairs at Hillcrest Park which put on display the incompetence of the designer, the city staff, the construction manager, and a contractor who couldn’t build a sand box to code. Wasting $1.6 million is bad enough; permitting the code violations and construction deficiencies go unfixed is even worse. Barely two years old, the ramshackle structure moves more than the Tacoma Narrows Bridge.
And over all these years Fullerton’s “leaders have neglected our aging infrastructure and permitted zone changes allowing for massive new development that has lined the pockets of developers and political campaign coffers, and left the rest of us with even more traffic and more burden on our roads and pipes.
Water, water everywhere. Except where it’s supposed to be…
Readers of this blog might think I have a hyper-obsession with toll road violations. Not really. It’s just that toll road violations seem to bring out the very worst and embarrassing moments in government. Nine times out of ten, the car shouldn’t have been using the toll roads to begin with. Such is the case here, once again.
“Rebecca Leifkes escorted Council Member Jesus Silva to various Homeless Shelters in Orange County.”
Why does Silva need an escort to visit homeless shelters? He owns his own car, and is presumably competent enough to drive the freeways. Council members are not entitled to mileage reimbursement, toll road reimbursements, nor do they have assigned staff persons to cater to their every need.
If the hand-written notation is as true as written (below), this speaks volumes about Jesus Silva’s ability to conduct City business on his own, without help from staff. The hand-holding and coddling needs to stop.
Back in 2017 the city of Fullerton kicked Air Combat USA out of the airport and after a legally questionable bid process the city leased the hanger to a company called Hanger 21. We covered this briefly HERE and HERE.
Here’s some of the backstory from the City Manager himself:
“The problem is that regardless of the lease term, it is the use that is non-conforming. However, what is the remedy for a non-conforming use? Cessation of the use, which could happen if the PL amendment is not approved or the lease is not.”
Realizing that the city had approved a bid for a business that wasn’t legally allowed to operate, the city swung into action to fix the problem. The remedy was for Fullerton’s City Council to chang the municipal code in an effort to make Hanger 21’s then-illegal use conform to local law.
And because this is Fullerton – they failed spectacularly.
On December 05, 2017 the city council approved Hanger 21’s lease AND then on March 20, 2018 they changed the zoning at the airport.
“H. Other similar public facilities, commercial amenities, and special events on City-owned property when in conformance with the purpose of this zone and approved by the City Council.”
Read that and then think about the timeline because the city didn’t and hasn’t. I’ll point out the obvious problem:
“and approved by the City Council”.
The City Council cannot legally be said to have approved Hangar 21’s usage since they haven’t visited the issue since the municipal zoning change. This is a cart before the horse problem with the council just assuming that they’ve de facto approved Hangar 21’s lease and use through the zone change but that’s an ex post facto problem and is quite an illegal interpretation.
Score another blunder for Jones and Mayer.
Here we sit a year and four months later and the council has YET to fix this problem.
This is another case of city staff, consultants, attorneys and the city council being incompetent and hoping nobody catches on which of course has led to the city being sued.
One of the biggest problems with government is that it’s slow to react and generally stupid in those reactions. This is largely because governments are run by incompetent bureaucrats who refuse to learn lessons from their own mistakes.
Let’s look at some complaints lodged against city appointed commissioners and how the city reacted to those complaints to see how the rules in government changed depending on the person involved.
First up is a complaint against our own Joshua Ferguson by city manager assistant Nicole Bernard. She apparently got mad at the posting of an anonymous complaint against her.
She asked the city to compel Joshua to remove the post and the lawyer the city used to look into it came back with a big fat no can do: (more…)
For every problem that isn’t a nail, there’s a moron ready to swing a hammer.
20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.
What really strikes us as odd is how hard the city works to solve real problems v make work problems.
If they’re willing to go after local journalists connected to a blog that city employees routinely insist that no one reads, one can’t help but wonder what wrath the city brings down on real problems.
“Pine Wood Stairs” looked a lot better in concept than in reality…
Follow us back, gentle Friends, as we revisit the construction horror show known as The Pinewood Stairs. It’s been a year-and-a-half since we frightened you with the design and construction fiasco of the Pinewood Stairs at Hillcrest Park.
FFFF photo documented the sorry project even before the embarrassing party the city threw for itself since the contractor had failed to secure the contruction site – even though there were obvious safety issues.
And so we ventured out on a proactive foot patrol to see what effect the intervening eighteen months may have had on this dismal boondoggle. What we found was not shocking, for our sense of shock at the ineptitude of our City’s park and engineering departments dissipated years ago.
The structure is noticeably creaking, treads are wobbly and handrails are coming loose. This barely two-year old ramshackle pile of lumber is showing unmistakable signs of decrepitude and neglect. Its creators have moved on to new ventures.
What did we find?
Uncorrected code violations like tread width? Check.
The top of the stairs is a bad place for a code violation…
Failed irrigation? Check.
The hills are alive with…no, they aren’t…
Uncontrolled erosion? Check.
Erosion is an all natural process…
Risk management potential? Check.
A trip and a lawsuit are coming…
No correction of substandard design and construction? Check.
Close enough for Fullerton government work…
New maintenance problems? Check.
Two years old. Happy birthday Pinewood Stairs!
And this:
Handrail, meet bracket. Aw, close enough…
And of course:
It wants to reach out and grab ya…Of course it isn’t straight. Griffin Structures specialty…
A couple of weeks ago Jeremy Popoff’s Slidebar employees and clientele provided more examples of the sort of high class behavior favored by our city council and particularly our lobbyist/councilcreature Jennifer Fitzgerald who has been running cover for Popoff for years and years. You may recall that Slidebar has never gotten the required CUP even as city officials like Fitzgerald, Bruce Whitaker and Party Planner Ted White have schmoozed and petted its miscreant owner.
Hiding the tats won’t help…
Everybody seems to be ignoring Slidebar’s violation of planning and nuisance laws until the laws can be watered down so much even a professional douchebag can slime by without comment.
At the outset you can see a bouncer on theft serially pound some hapless dude already on the ground and then go for a head stomp for good measure.
In the open-air saloon known as Downtown Fullerton it’s often virtually impossible to distinguish between the bad behavior of the bar-hopping patrons and the low-lifes hired to control them.
A Friend just forwarded me a press release from Josh Newman’s campaign to get back his old job – the one he got recalled from after gas taxing his constituents, rich and poor alike, in order to support the State’s featherbedded transportation bureaucracy and infrastructure lobbyists.
The gas tax was nothing other than a free-up of state resources to help support the ridiculous High Speed Rail boondoggle that has made Californias a laughing stock.
And right on cue, these same special interests have rewarded Newman with their endorsements.
ORANGE COUNTY, CA — In another indication of his wide-ranging support from working men and women in the rematch race to represent California’s 29th State Senate District, today U.S. Army veteran, businessman and former State Senator Josh Newman secured endorsements from Ironworkers Local 433 and the Professional Engineers in California Government.
Both unions released statements following the announced endorsements:
“Courage, integrity and doing the right thing matters. That’s why we’re pleased to give Josh Newman our enthusiastic support in his 2020 rematch campaign. Josh is a political rarity – in the face of adversity – he bravely stood up for the people and did the right thing time and again. We know Josh will be a fierce and outspoken leader for working families and a pro-middle class agenda in the State Senate. We look forward to helping him win this race.” -Ironworkers Local 433 Business Agent Paul Moreno
“The Professional Engineers in California Government (PECG) is pleased to announce our endorsement of Josh Newman for State Senate District 29. Josh has worked to create and protect good-paying jobs; invest in infrastructure, and education; safeguard collective bargaining, organizing in the workplace and retirement benefits; expand access to healthcare; and all the while, grow and strengthen our middle-class economy. We support Josh Newman for Senate because we support fierce defenders of our working families.” -Professional Engineers in California Government President Cathrina Barros
The signal is loud and clear: Newman supports bureaucrats and boondoggles above the public – so much so that he was and will be willing to load the burden of regressive taxes on the very constituents the liberal Democrats are always bleating so loudly about – poor minority folks.
Let’s have a look at the newest letter from the city (PDF HERE) before getting into why this is happening:
Dear Ms. Aviles:
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
As legal counsel for the City of Fullerton, I write, pursuant to California Government Code section 6204 et seq., to notify you, as legal counsel to the owner(s) and/or operator(s) of the Friends for Fullerton’s Future (FFFF) blog, that the City of Fullerton has reasonable grounds to believe that owner(s) and/or operator(s) of the FFFF blog are in unlawful possession of records belonging to the City of Fullerton. The records were taken and used by FFFF blog owner(s) and/or operator(s) without the City’s authorization and fall within the definition of “record” under California Government Code Section 6204(a)(2), as well as the definition of “public records” under California Government Code § 6252(e), and are described as follows:
Any and all records obtained from the City of Fullerton’s Dropbox account (https://cityoffullerton.com/outbox) that were not directly provided by the City to Joshua Ferguson or any of FFFF’s agents or associates through an emailed link, including, but not limited to, records contained in a folder named “prl 919 – Josh Ferguson.”
Therefore, pursuant to Govemmentt Code section 6204, within twenty (20) calendar days of receiving this notice, the owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog are hereby directed to either:
(1) Return the above-referenced records to the City of Fullerton, as previously requested; or
(2) Respond in writing and declare why the above-referenced records do not belong to the City of Fullerton. Ifthe owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog do not deliver the above-described records, or do not respond adequately to this notice and its demand within the required time, we will immediately thereafter petition the Superior Court of Orange County for an order requiring the return of these records.
We further note that the FFFF blog has posted many of the confidential City documents after receipt of our office’s June 13, 2019 cease-and-desist email. (A copy of that email is enclosed herein). Many, if not all, of the confidential City records posted to the FFFF blog are explicitly exempted from disclosure under the California Public Records Act, would not have been provided to Mr. Ferguson or FFFF agents or associates in response to a Public Records Act request, and could only have been obtained without the City’s express authorization. Such records posted to the FFFF blog are confidential and exempt from disclosure pursuant to the following authorities:
“Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.” Cal. Gov’t Code § 6254(a);
“Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.” Cal. Gov’t Code § 6254(b);
“Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Cal. Gov’t Code § 6254(c);
Law enforcement investigative records. Cal. Gov’t Code § 6254(f); and
“Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” Cal. Gov’t Code § 6254(k), which includes the following privileges:
o Attorney-client privileged records. Cal. Evid. Code 950 et seq.; Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993);
o Attorney work product. Cal. Civ. Proc. Code § 2018.010 et seq.;
o Peace officer personnel records. Cal. Penal Code § 832.7 et seq.; and o Confidential closed session information. Cal. Gov’t Code § 54963.
FFFF’s unauthorized access and misuse of the City’s clearly privileged and exempted documents constitute a violation of California Penal Code section 502, which grants civil remedies (including compensatory damages, attorney’s fees and potential punitive damages) to any persons or entities injured by any violations thereof. See Cal. Pen. Code § 502(c), (e).
As such, unless FFFF complies with the demands set forth in the City’s June 13, 2019 cease and desist letter within 24 hours, the City will have no choice but to pursue all criminal and civil remedies available to it under the law.
Bruce A. Lindsay
What is this all about?
For those in the cheap seats we at Friends For Fullerton’s Future broke news story after new story by publishing documents that the city didn’t want disclosed and tying those documents to local events and items of public interest. Those stories include, but are not limited to:
The city settling with a police officer to sidestep disclosure laws regarding police misconduct.
The results of a Body Worn Camera audit for a School Resource Police Officer who had, what appears to be, child pornography on his (or perhaps department issued) cell phone.
In short, they’re mad that we’re doing what journalists are supposed to do daily. We’re using information to piece together stories in order to inform the public.
These latest threats are meant to serve as a chilling effect to silence people who would dare impugn the character of Fullerton with facts the city wants obscured. I’m hesitant to head to city hall or go to council meetings lately knowing that the city is targeting me personally for the use of free speech on this news site / blog. And that’s really the point of these types of threats – to silence dissenters.
How will we respond to this latest salvo by the city? I reckon we’ll confer with our legal counsel and act accordingly.