Category: Law N Disorder

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Another Possible Cover-up by FPD

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This involves some rumors. Proceed accordingly.

Roseler-Stabbing-Investiation

A few months ago an unnamed Fullerton Police Officer was allegedly stabbed in Placentia by an unidentified “Hispanic male”. Four agencies swarmed (Placentia PD, Fullerton PD, CSUF State Police & OC Sheriff’s) and a suspect was picked up, had his info blasted on social media and in press releases — only later to be cleared and released.

Carerra-Arrested

This is where all four agencies left things and no new information has been publicly presented.

Here are the relevant news stories.

Per CBS (22 Sept):

The Fullerton Police Department, Orange County Sheriffs Department and Cal State Fullerton Police Department, made an extensive search of the area.

Officers detained and later arrested a parolee named James Carrera, a 19-year-old Placentia resident. Carrera was booked on an assault with a deadly weapon charge.

Police did not know if the officer was targeted but they said Carrera was out on parole for weapons violations and possibly knew the officer.

Per OC Register (23 Sept):

The victim was released hours after being treated at a local hospital for non-life-threatening injuries, according to Fullerton Police Lt. Tony Rios. He said the injured officer was at home recovering the day after the attack and is expected to return to duty in the next few days.

“I spoke to him this morning and he seems to be doing well,” said Rios. “He’s a strong young guy and he should be back soon.”

Per KTLA (23 Sept):

Investigators described the attacker as a Latino man in his late-teens or early-20s, of thin build. He had short, black hair and wore a baggie, black T-shirt.

Rumors lately have it that the officer made up the “Hispanic Male” and has been put on admin leave with nary a word or apology by the cites or agencies involved. Apparently now we’re hiring Leopold “Butters” Stotch’s mom at Fullerton PD:

SomePuertoRicanGuy

Alas, that might turn out differently because ultimately Mrs. Stotch confessed. Instead we now actually know, thanks to diligent records requests, that the officer in question is one Nathan Roesler.

Roelser Got Stabbed (more…)

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Hendricks Already Up for a New Gig

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Former Fullerton Police Chief David Hendricks is already up for a new gig at Mt. Sac. He’s apparently a finalist for the job of Mt. Sac Police Chief.

Hendricks-Mt-Sac

You have to love that description and what it omits.

“A long history at the Long Beach Police Department.”

And a short history in Fullerton. That ended in disgrace.

Lest we forget, Hendricks is being charged with Battery on EMTs and resisting and obstructing an officer. No wonder that was omitted. (more…)

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Hendricks & Oliveras Charged with Battery

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It’s been a busy day at the OCDA’s office re: Fullerton. First charges against Doug Chaffee’s wife Paulette and now our former Chief and a Captain have been charged with battery for their shenanigans at a Lady Antebellum concert.

Hendricks-Oliveras-Charges

Hot Off of the Presses:

Case # 18HM15615

December 7, 2018

OFF-DUTY FULLERTON POLICE CHIEF AND CAPTAIN CHARGED WITH BATTERY ON EMERGENCY MEDICAL TECHNICIANS AT CONCERT IN IRVINE

SANTA ANA, Calif. – The former Fullerton Police Department (FPD) chief and a captain were charged with battery on emergency medical technicians at a concert in Irvine.

Defendant Charges Maximum Sentence Court Date
David James Hendricks, 47

 

 Charged today with the following misdemeanor counts:

  • (2) Battery on emergency medical technician (EMT)
  • Resisting and obstructing officer
 Three years in county jail Arraignment

Jan. 9, 2019, 8:30 a.m.

Department H-8, Harbor Justice Center, Newport Beach
Thomas William Oliveras Jr., 50
  • Battery on emergency medical technician
  • Resisting and obstructing officer
 Two years in county jail Arraignment

Jan. 9, 2019, 8:30 a.m.

Department H-8, Harbor Justice Center, Newport Beach

Circumstances of the Case

  • On Aug. 24, 2018, Hendricks and Oliveras were off-duty and attended a concert in Irvine with their spouses. Hendricks’ wife needed medical attention and EMTs responded to assess her condition.
  • Hendricks is accused of pushing two EMTs as they attempted to provide treatment and Oliveras is accused of putting one victim in a headlock.
  • The Irvine Police Department responded to the scene and the defendants are accused of obstructing and delaying the investigation.

Prosecutor: Senior Deputy District Attorney Jeffrey Moore, Special Prosecutions Unit

We’ll let you know what happens on 09 January 2019.

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Campaign Mail – Quirk-Silva’s Irony

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It’s junk mail season and time to keep an eye on the nonsense being sent out by and for candidates and issues. One of the best pieces we’ve seen thus far in the cycle is this little nugget from the CADEM’s supporting Sharon Quirk-Silva for Assembly.

SQS Ford Irony
But just her?

They believe HER.

The irony and timing on this is pretty great considering that Quirk-Silva herself is being investigated by the State Assembly for political retaliation against Daniel Fierro, by way of trying to pressure fellow (D) Fullerton council candidate Ahmad Zahra into dropping Fierro as a client.

But they believe HER.

If you make a sexual assault claim against an SQS ally she’ll allegedly retaliate against you, as will her husband Council member Jesus Silva.

And yet they believe HER.

Riiiiight.

This is partisan schtick at it’s worst and I almost expect this to backfire spectacularly.

Where was this #IBelieveHer version of Sharon Quirk-Silva when Fullerton Officer Albert Rincon was being accused of sexually assaulting 7 women and costing the taxpayers of Fullerton $350,000?

Where was this #IBelieveHer Quirk-Silva when a judge said of that case:

“At the end of the day, the city put Rincon back onto the streets to continue arresting women despite a pattern of sexual harassment allegations. A reasonable juror could conclude based on these facts, that the city simply did not care what officers did to women during arrest,”.

For those of you wondering about the timeline on all this regarding Rincon and Quirk-Silva – from that same Oct 2011 article:

The Rincon case began in 2008, when Kari Bode and Gina Nastasi accused Rincon of groping them and exposing their breasts. They sued the department in 2009.

So where was #IBelieveHer Sharon Quirk-Silva when Officer Albert Rincon was allegedly molesting women on our city streets?

Oh. She was Mayor.

SQS Mayor Timeline

She was Mayor again in 2012 AFTER that Judge rebuked Fullerton for doing essentially nothing to an officer accused of at least 7 known alleged accounts of sexual assault under the color of authority.

And she seems to have done nothing. Apparently appeasing the police union was more important than Believing those women.

To make matters worse – Sharon Quirk-Silva just 6 short weeks ago, voted AGAINST SB1421 AND AB748.

After Jerry Brown sided against SQS and signed both of those bills into law, the ACLU stated:

“Together, SB 1421 and AB 748 will shine a much-needed light on police violence and abuse. Specifically, SB 1421 restores the public’s right to know how departments investigate and hold accountable those officers who abuse their power to frame, sexually assault, or kill members of the public. AB 748 will ensure law enforcement agencies throughout the state release police recordings of serious uses of force, including body camera footage, which are valuable tools for civilian oversight at a time of growing concern with police violence.”

SB 1421 is especially problematic for Quirk-Silva’s “#IBelieveHer” narrative in that it will make public some information specific to the powers of police officers, especially regarding sexual assault tied to the abuse of power to coerce a victim into sexual acts.

SB1421 directly addresses the problems with Officer Rincon and how it was handled within FPD and our city. Thus despite her firsthand knowledge of the problems being addressed by these bills from her time as our Mayor she opted to side with those who would abuse their power rather than the victims and the public seeking information about bad actors in uniform.

Yet they believe HER.

This is because Sharon Quirk-Silva apparently only “Believes Her” when the “her” in question can be used as a political cudgel against her opponents or to rally her more rabid base of supporters. When it comes to actually believing victims of sexual assault, in the end Sharon Quirk-Silva’ actions speak louder than her words. She can be counted on to run the gamut of doing nothing to actively, allegedly, trying to silence the victim and ultimately voted to keep information about official misconduct quiet.

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Quirk-Silva Duo Under Investigation for Retaliation Against Sexual Assault Victim

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Here’s a convoluted story from the Los Cerritos News about Fullerton councilmember Jesus Silva and his wife, California State Assemblywoman Sharon Quirk-Silva.

EXCLUSIVE: Fullerton Asm. Quirk-Silva Under Investigation for Influence Peddling and Retaliation Against Accuser of Asm. Cristina Garcia

The California State Assembly investigation involving groping allegations against Assemblywoman Cristina Garcia leveled by Cerritos resident Daniel Fierro has morphed into a wide-ranging political influence and retaliation investigation revolving around Garcia, 65th District Assemblywoman Sharon Quirk-Silva (D-Fullerton), and her husband, Fullerton Council Member Jesus Silva.

Jesus and Sharon are accused of threatening a businessman with political retribution if he didn’t fire a public relations firm run by Daniel Fierro, a former Assembly staffer who accused Assemblywoman Cristina Garcia (D) of groping him earlier this year.

During the meeting, Quirk-Silva echoed her husband’s statements and made it clear to the businessman that he should fire Fierro because of his sexual harassment and groping allegations against Garcia.

The reportedly shocked businessman was then told that “not doing so might result in her [Garcia’s] political disfavor.”

Quirk-Silva denied all of the allegations via her office’s spokesperson. But if they are true, they could have serious implications for Fullerton’s political power duo. Would the Quirk-Silva’s really engage in threats of retribution against the victim of sexual assault? That doesn’t seem like a good choice in the current era.

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OC Judge – Stop Being Mean to Disgraced Officer Jay Cicinelli

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Remember Jay Cicinelli? The one-eyed officer who was so disabled from LAPD that he took a disability pension but was so-not-disabled that he was able to be a working Fullerton Corporal? Ring any bells?

He’s the guy who in July 2011 used his taser on Kelly Thomas to “beat him probably twenty times in the face” because Thomas had the audacity to not just sit still while former officer Manual Ramos played games and threatened him. Don’t remember that part?

Ramos-Fists

Cicinelli was fired from the Fullerton Police Department in July 2012 (and the decision was later upheld by the Council). As we told you a while back, Cicinelli is trying to get his job back and in a “we told you so” moment it looks like he may get his wish.

How? Well, a Judge here in OC thinks the Council was mean to poor old Jay when they fired him and upheld his firing because something something bias.

HERE is the report.

On 14 September 2018, Judge David Chaffee (no relation to Council member and Supervisor Candidate Doug) made a Judgement that Bruce Whitaker and Greg Sebourn should recuse themselves from Cicinelli’s due process violation hearing. His reasoning? Whitaker and Sebourn had the audacity to think we rabble had a right to know what had happened to Kelly Thomas and a right to the evidence.

Judge Chaffee seems to think that because POBAR (the Police Officer’s Bill of Rights) and other as-terrible laws preclude the public from getting basic information about officer actions and alleged crimes that our elected officials shouldn’t be allowed to talk about the things our officers do on duty and under the color of authority.

Cicinelli-GrantedJudge Chaffee made the point, several times, that Bruce Whitaker spoke out as a council member on items that had not been agendized. Because apparently Judge Chaffee doesn’t understand the Brown Act and that it would have been illegal for Whitaker to speak on those items in the public square had they been agendized.

Agenda-Items

What all of this leads up to is that this judge wants our current council to re-hear Cicinelli’s bias complaint and he goes so far as to say that not only should Whitaker and Sebourn recuse themselves, he actually recommends that the council wait until AFTER the next council is seated after the November election. He wants a 2019 Council to hear a case from 2011, because of alleged bias.

NewCouncilThis is utter nonsense. The council now is Whitaker, Sebourn, Chaffee, Fitzgerald and Silva. Silva, mind you, who is the husband of Sharon Quick-Silva who was on council during the Kelly Thomas incident.

In November Silva is competing with Sebourn for District 3’s seat and Chaffee is running for Supervisor and will be off of council. Chaffee’s wife is the most well financed candidate in District 5. Thus the “very likely probability” is that Sebourn will beat Silva and Silva will stay on council until 2020 when his term expires. So one seat will change which could just end up swapping one Chaffee for another. This is hardly a reason to delay an action in front of our council – especially regarding something so important.

Here is the general premise of Cinicelli’s complaint and Judge Chaffee’s beef with the council and how it handled the case:

Whitaker-Letter

Whitaker-KNBC

The argument against Sebourn and his alleged bias is just laughable. From the judgement:

Golly gee. Sebourn wanted a jury trial and for people to be able to know what happens and for people to not be forced to make decisions in a vacuum. The horrors. If this was the sole thing I knew about Greg Sebourn he’d get my vote every election. That the court thinks this is a problem would be hilarious if it wasn’t so tragic.

The worst thing you can impugn Whitaker for after reading this judgement is his being too willing to talk to the public and help us know what was happening, which is something to be celebrated. He worried about a cover-up and the argument against that is that it’s legal for officers to cover-up things per POBAR. Don’t believe me? Then why are officers allowed to view evidence up to and including videos of their own actions before writing their statements? You, as a citizen, are not allowed such a privilege as that would taint your memory and allow you to change your story to coincide with the evidence. The officers who beat Thomas did in fact write their reports while watching the video and all subsequent testimony is tainted by that fact despite complaints to the contrary.

I submit as evidence a quote from the Gennaco special investigation report regarding this fact:Cicinelli-Report-VideoSo Whitaker asked questions the people of Fullerton, arguably the world, wanted answered and he’s being painted as a biased figure against this poor officer who wasn’t physically qualified for the job he had, while double dipping a pension, and who showed no remorse for his actions.

I guess Judge Chaffee missed the video evidence from that night. So HERE IT IS.

If that’s too much maybe this will suffice:

This ins’t inhumane, Judge Chaffee?

Is that inhumane and brutal?

What about in the context of having done nothing wrong beyond being an annoyance to a Slidebar Rock ‘N Roll Cafe employee (with a direct line to Police Dispatch)?

How about Judge Chaffee walk a mile in Kelly Thomas’ shoes instead of demanding that our City Council walks a mile in Cicinelli’s? After all, asking our council to walk a mile in Cicinelli’s shoes is asking them to walk a mile in the shoes of a sociopath (also from the Gennaco report):Cicinelli-SavageThis is why we need police reform. This is why we need oversight. If you didn’t think the deck was stacked against you just keep in mind that a judge just ruled that Jay “Savage Person” Cicinelli was unfairly fired because a councilperson dared to ask questions and demand answers of our corrupt police force.

Unfair? Don’t forget that one of our officers WAS JUST INDICTED for a cover-up with the Joe Felz incident. This is the legacy of former Untouchable Police Chief Danny Hughes.

My hope is that the council tells Judge Chaffee to kick rocks. They should address this bias nonsense straight out and immediately, list all of the policy violations and problems with Cicnelli’s conduct on the fateful night Kelly Thomas was killed and then vote to uphold Cicinelli’s firing.

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Does Fullerton Have a Leak Problem?

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Word has reached me that Fullerton might have leak problem – and that problem is that City Manager Ken Domer is quite mad that people would dare tell the public the things he intends to hide from us.

Such things as our Chief of Police and a Captain being caught up alleged Felony Battery on an EMT charges.

Or that one of our now former officers is being indicted for his cover-up work on the Joe Felz DUI incident.

When I first heard the rumors that Domer was hopping mad about the “leaks” coming out I brushed it off as hearsay. Then I heard it again from a different source. And again. And again still.

At this juncture I’m willing to chalk this rumor up as “Credible but without citation”.

If our city management would worry more about what their own staff is doing and the corruption therein and would be honest about it we wouldn’t need to rely on leaks from anonymous sources. And without those leaks, Domer would have nothing to be mad about in the first place.

Ultimately if he is mad it’s because he believes himself to be a part of the Ruling Elite above we the chattel and is more worried about appearances than solving problems.

The funny part for me is that I’ve tried to cultivate leaks within the city to no avail. All of the people who know me in City Hall are smart enough to not tell me anything for fear of guilt by association.

Yet here we are breaking stories of corruption and malfeasance and we get these leaks at FFFF because enough employees are fed up with the nonsense happening in Fullerton and FPD.

I salute the people who have sent us information because one of the last things Fullerton needs these days is a continuing culture of cover-ups. We respect your privacy and value the contribution to improving accountable, intelligent, and responsible leadership in our town’s government.

 

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Felony Complaint Filed Against Fullerton Sergeant

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Here is the actual copy of the Felony Complaint filed by the District Attorney’s office against Fullerton Police Sergeant Jeff Corbett as we mentioned was coming earlier today:

Corbett Complaint Corbett Complaint

 

The charge is as follows:

118.1 PC False Report by a Peace Officer – Felony

For those who are curious here is what that CA Penal Code is:

CA Penal Code § 118.1

Every peace officer who files any report with the agency which employs him or her regarding the commission of any crime or any investigation of any crime, if he or she knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report punishable by imprisonment in the county jail for up to one year, or in the state prison for one, two, or three years. This section shall not apply to the contents of any statement which the peace officer attributes in the report to any other person.

My suspicion that it was related to Felz’s accident was spot on, though it looks like it was done without (or around) the Grand Jury. Danny Hughes clearly threw Corbett under the bus and was given a pass.

Who wants to lay odds that this goes to trial or that the “false report” sees the light of day.

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