The Bill Of Indictment

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.

How Dumb Do They Think You Are?

City Council meeting, tonight.

How dumb do the out-of-town anti-recall clowns think the people of Fullerton are?

Very, apparently.

On their laughable website they put up “proof” that I have taken money from Redevelopment. How so, you ask? By sharing the resolution approving my 1992 lease at the the Santa Fe Depot. These chowderheads highlight a paragraph indicating the Redevelopment Agency’s commitment to contribute 18% to the renovation of the depot. Thanks guys for proving my contribution to renovate the City-owned building was a whopping 82%, or $340,000!! Now does that sound like anybody gave me a dime?

Fall Out of a Chair, Get a Tax Break. Bankhead Discovers “Chief’s Disease”

Some say Mayor Don Bankhead retired from the police force too early, unfortunately missing out on the last decade’s massive pension spikes that have driven modern public safety pensions well into six figures. As a result, Bankhead’s annual CalPERS pension is only $81,351.16, still about three times what the rest of us might be able to get from Social Security.

What?

But Bankhead found another way to boost his pension. Through a series of dubious disability claims filed towards the end of his career, he was able to make at least 40% of his retirement tax-free. The injuries were allegedly suffered when Bankhead fell down some stairs and then later worsened when he fell out of a chair, according to this LA Times article from 1990.

 

View the article

“Chief’s Disease,” as these disability pension spikes are commonly called, were all the rage in law enforcement circles in the 80’s and 90’s. At one point, eighty percent of senior CHP retirees had curiously developed debilitating injuries in the last two years of service, which made up to 50% of their pensions tax-free for the rest of their lives.

So how much does Bankhead get tax-free? The city won’t tell us, and neither will CalPERS. Bankhead’s case file was recently destroyed by the workers’ comp court where his case was heard, and no journalists bothered to follow up on the story.

In my day, we didn't have 3 at 50. We had to be creative.

One thing we do know: Bankhead didn’t “throw in the towel” due to alleged injuries. He quit after he had been passed over for the Police Chief job, and promptly announced his ambition to run for the Fullerton City Council. Then he tried (unsuccessfully) to run against Brad Gates for Orange County Sheriff.

That’s a lot of ambition for a guy who doesn’t pay his share of income taxes because he’s “totally disabled.”

Ex-Chief McKinley Unleashed Bad Cop

Just for those of you who mistakenly believe FFFF has only recently become interested in the doings and misdoings of our police force, here’s a post originally published October 7, 2009 – exactly two years ago, detailing the way in which the esteemed Pat McKinley molly-coddled the worst of his boys, who just happened to be President of the Fullerton Police Officer’s Association, the union that supports the councilmen cover-up artists Jones, Bankhead, and (surprise, surprise) Pat McKinley.The incidents described here took place six years ago, leading a reasonable person to infer that the culture of corruption cultivated by McKinley has deep roots, indeed.

Enjoy a blast from the past courtesy of the FFFF archives!

– Joe Sipowicz

Officer misconduct cases are usually handled behind closed doors, hidden away from the public who are ultimately the victims when cops go bad. Recently a document slipped out from underneath the curtain and gave us some insight into Chief McKinley’s department, which had a habit responding to officer misconduct by looking the other way and pressuring victims to stay silent — demonstrating brazen contempt for the rule of law.

Officers John Cross and Gregg Nowling were caught on tape in the 2005 beating of a young man who was pulled over for playing his music too loud. Fearing outrage, the department refused to release the recording to the public. Nowling resigned, but John Cross was the president of the Fullerton Police Officers Association (the union), so he decided to take his chances and ride out the punishment that was sure to be nothing more than a token admonishment from his friendly boss, Chief Patrick McKinley.

He's big. He's bad. He's baaaaack!
I'll just pretend I didn't see that.

John Cross should have been fired and sued, but a deal was allegedly struck with the victim in which charges would be dropped if the young man kept quiet. This allowed the department head to give Cross a mere slap on the wrist – a two step demotion in pay for the next two years.

When nobody was paying attention, Chief McKinley eliminated John Cross’ punishment one year early:

cross-reinstatement

The record shows that almost immediately, John Cross began another series of disturbing actions that ultimately forced the department to fire him. The Council found one example most frightening – Officer Cross had covered up an incident involving a drunk off-duty sheriff who was brandishing his weapon in public. He also failed to follow up on a potential suicide when it was only a few doors down from his location. At least six of these events involved Cross’ turning off his audio recorder in violation of department policy.

There are plenty of other allegations of McKinley’s department looking the other way when incidents were perpetrated by those the department favored, and this is only one of the most severe. As one of our commenters said, McKinley’s game was played at the the expense of our community’s safety, peace, and tax dollars.

An Obvious Conflict of Interest

I got mine and you'll get yours...

I’m wondering when folks in Fullerton are going to start wising up to an inescapable truth: the fact that the former Chief of Police, the man who hired and trained Fullerton’s lawless cops, is now one of  three City Councilmen who can approve huge settlements against the FPD that are forthcoming. That would be the Honorable Pat McKinley who as Police Chief hired the thieves, con men, pick pockets, sexual predators, thugs, goons, perjurers, murderers, and of course all the accomplices who have known perfectly well what was going on and said nothing, or worse, abetted the criminals.

Why is this important? Because, first of all, plaintiffs are going to be backing up their semi trailers to the City Hall loading dock to shovel the cash in. But it’s also important to realize that by offering hefty settlements McKinley can keep the sordid and worst details about all his proteges misdoings from coming out in front of a trial jury, inquisitive newspeople and nosy bloggers. He can also keep details of his own personnel decisions from being properly scrutinized by the citizens of Fullerton.

Looking' out for the ladies, oh yeah!

Consider the case of Albert Ricon. The City has just settled with two women who accuse Rincon of sexually assaulting them; $500,000 worth of settlement, to be precise. During the a DA investigation and Federal prelims it came to light that Rincon was aided and abetted every step of the way by a completely indifferent police hierarchy that included McKinley at the top. There is no reason to not to conclude that McKinley and his She-Bear knew all about Rincon’s little problem up to and including 2008, yet kept him on the street anyway.

We already know that it was McKinley who hired a one-eyed cop named Cicinelli who had been rejected by the LAPD, and who has been (under)charged by the DA with involuntary manslaughter in the Kelly Thomas murder. He happily admitted on CNN that he hired all six of the Thomas incident perps, some of whom have been featured on these pages for offenses well prior to the Thomas murder.

To some it may be apparent that McKinley’s election last November was really important for McKinley, personally, given his ability to help sweep the trash back under the rug. Too cynical?

It’s also perfectly fair to say that if the people of Fullerton knew about the mess this clown had made of the FPD during the 17 years in was well-paid and pensioned to be in charge, he would never have been elected at all.

 

$500,000 More Reasons To Recall The Three Blind Dinosaurs

Asleep at the switch...or worse

In today’s LA Times an unnamed source in has indicated that the settlement of a sexual battery case with two women is going to cost us (you taxpayers, finally get it?) half a million bucks.

You remember the case, right? The one where FPD cop Albert Rincon alleged serially sexually assaulted women in the back of his patrol car; the one where Federal Judge Andrew Guilford refused the City’s request to throw the case out  and issued a scathing opinion about the City’s complicity in the series of attacks by placing Rincon back on the streets of Fullerton to attack other women. Yeah, that one.

$500,000 right out of our pockets to pay for just one out of control cop and his bosses in the FPD who covered up for him. That would certainly include our MIA Chief Sellers and his predecessor and current council member Pat McKinley. And what in the world have former Fullerton cop Don Bankehead and Mayor Dick Jones  been doing on the City Council for the past 23 and 15 years, respectively. They certainly appear unwilling to take any responsibility for the police department over which they were supposed to be asserting civilian control.

Remember to remind the Tumescent Trio of these facts tonight.

Toxic Waste Dump In Fullerton

A glut in the toxicity market...

In yesterday’s OC Register, Councilman Pat McKinley, the chief architect of the Fullerton Police Department’s profound culture of corruption, responded to the news that KFI’s John and Ken are coming to Fullerton to promote his recall.

“They are toxic people who create problems for a lot of folks. I wish they would stay away.”

More PR gold from the man who ran the FPD into a moral cesspool during his 16-year stint as Chief of Police.

Oddly, McKinley has offered no public opinion as to the comparative toxicity of:

1) police officer sentenced to jail for fraud to support his pill habit.

2) police officer arrested in Miami airport for iPad theft.

3) police officer who smashed recording device on jail wall to avoid complicity in jail suicide.

4) police officers beating up and falsely arresting Veth Mam.

5) police officers lying on the witness stand about Veth Mam.

6) police officer beating up and falsely arresting Edward Quinonez.

7) police officer sexually assaulting a dozen women in the backseat of his patrol car, with recording device turned off.

8 ) police officers issuing traffic citations to harass protesters.

9) police officers ambushing and murdering a helpless homeless man.

10) police officers turning off recording devices during murder.

11) police officers colluding to falsify reports about said murder.

12) superior officers coaching said falsification.

13) return to street of said miscreants.

14) police officer spokeshole deliberately issuing lies to the media to misdirect, temporize, stall and otherwise obscure said murder and cover up.

15) councilmembers insulting protesters as “lynch-type mob.”

16) councilmembers discounting injuries of murder victim.

17) police officer arrests Emmanuel Martinez by mistake (or on purpose) and he spends 5 months in jail.

Good God! What a litany of toxic behavior, and the really scary part is that this is only the stuff we know about. And the chowderhead McKinley has the nerve to call anybody else on the planet “toxic?” The level of denial of responsibility is remarkable. Of course being given a $215,000 a year pension may create an unavoidable attitude of arrogance and self-entitlement.

However, Mr. McPension has a generous streak, to be sure:

“Councilman Pat McKinley said he supports the radio hosts right to stage a rally, but the former Fullerton police chief certainly disagrees with the pair’s opinions…”

Well, thanks awfully, Pat. You support the First Amendment. Well, you support it when people are watching, obviously. No elaboration about what he specifically disagrees with John and Ken about.

 

How About An Alternative to Ed Royce?

I'm gonna need all the friends I can get.

For years now various members of this blog have railed against Congressman-for-Life Ed Royce and the way he has worked hard to stick Fullerton with the most useless, imbecilic repuglican drones he can scrounge up. Idiots, young and old; especially old: geezers who pose no political threat to anybody and who could be relied upon to oppose potential Democrat challengers of Royce himself.

Royce has never given a damn that he helped foist upon his hometown a biblical succession of big government RINOs whose only distinction from the Democrats he fears so much is party affiliation.

But Royce’s chickens are finally coming home to roost with revelation after revelation of malfeasance and mismanagement of the Fullerton Police Department that was supposed to be overseen by the very drones he has supported year after dismal year. Of course Pat McKinley, Royce’s latest political project, is now the poster boy for FPD corruption.

Well, I’m sick and tired of Royce meddling in Fullerton politics to the detriment of the City. The results have been absolutely disastrous for the citizens of our town, and it’s going to get a lot worse before it gets better. Fortunately we have a recall in process to clean out Ed’s stable.

Sign the recall petition today.

And thanks to redistricting we also have the opportunity to rid ourselves of Ed himself. In the game of Congressional musical chairs Royce finds himself looking for the same seat as Gary Miller of Diamond Bar.

How do I get rid of this thing?

So how about a third choice? Are the pickings so slim in north Orange County that we can find at least one candidate who doesn’t have the triple albatross of Jones, Bankhead and McKinley around his neck?

FEDERAL JUDGE “SHOCKED” BY FULLERTON’S HANDLING OF FPD SEX ASSAULTS

There’s a new filing in the Officer Rincon sexual assault case, and it’s not looking good for the city.

Federal Judge Andrew Guilford turned down the City’s request to throw out the case, and he offered his pointed thoughts on the Fullerton Police Department’s policy of ignoring officer misdeeds:


The Judge chastised the city for “tacit authorization” of Rincon’s despicable behavior.

Then the judge was shocked at the city’s failure to appropriately discipline the officer for his sexual assaults on multiple women.

Finally, the judge conveyed his dismay that Rincon is still on the loose with a gun and a badge.

Of course, the man responsible for puting, and keeping loverboy on the streets of Fullerton to prey upon unsuspecting women was none other than former police chief and current city councilman, Pat McKinley.

I wonder what Chief Pat has to say about the Judge’s comments? I wonder what his defenders – who like to call Fullerton a “family community” – have to say.

it's easy, no hair, no mirror
Lookin' out for the ladies. Oh, yeah!

And of course I wonder how many of the people that voted for this screw-up last November would have done so had they known of the extensive culture of corruption that was cultivated by McKinley in the Fullerton Police Department; a cultivation that is only now blossoming into a full, noxious bloom.