Rackauckas Speaks! “Everything Is Open”

Yesterday KFIs John and Ken had an opportunity to interview our District Attorney, Tony Rackauckas on the subject of the Kelly Thomas death investigation. Normally I wouldn’t hold out any hope at all for a lucid explanation of what was going on from T-Rack. After all I’m one of the people who refer to Rackauckas as our “Do Nothing DA” for his historically lackadaisical approach to wrong-doers who also happen to be elected officials and cops.

Rackauckas actually did pretty well, for him. The keynote was his claim that “everything is open.” Again, normally I would take that to mean: everything is open – including, and most likely, no findings and the cops skate, as usual. This is different. Although T-Rack claimed he saw no evidence that there was a deliberate intent to kill, he also said that the video is “core evidence” which strongly suggests that he may actually do something.

Now this may be no more than lawyer speak but I am guardedly optimistic, especially since Rackaukas admitted that his investigators have not spoken to any of The Fullerton Six who have refused to speak to them. He also indicated that it wasn’t absolutely necessary to talk to them given the core evidence. Hmm. It seemed to me that the DA was tossing out backhanded signals that some of the cops may want to sing if they want to avoid a long state prison stay for second degree murder. Of course maybe I’m reading too much into this.

On the down side Rackauckas refused to take blame for appointing and not removing Stan Berry,  a good friend of Fullerton Police Chief Sellers to the investigation. This looks bad to everybody in the free world, except Rackauckas. And he said nothing about the possibility of cops cooking up their reports in concert.

 

 

Should Fullerton Have A Police Commission?

The most frustrating thing about the awful story of the death of Kelly Thomas and its aftermath is not knowing what goes on behind the closed doors of the Fullerton Police Department. Certainly a position of leadership comes with the obligation to take responsibility for what goes on within a department, but even if a Police Chief falls on his sword and resigns or is forced out of his job we really don’t know what is happening with the individual officers who comprise the police force. One of the most repeated statements heard from the many irate speakers at Tuesday night’s council meeting was that the police work for us, not the other way around.

Fullerton has commissions for parks and planning, and committees for transportation, infrastructure, the library, energy, community grants, investments, technology and even bicycles and the arboretum. One way or another, they oversee or at least review the activities of various city departments, namely Parks and Recreation, Engineering, the Library and Community Development. Why is there no commission to oversee the Police Department?

Other cities have them. A Fullerton Police Commission won’t prevent every mistake or outright crime committed by individual officers, but it could create appropriate policies and procedures, review individual cases, have access to all documents and recordings (like the notoriously unreleased tape of the beating of Mr. Thomas),  advise the city council on matters of employment before the city council, and generally audit the effectiveness of the department.

If we are truly in charge of the Fullerton Police Department we should assert our authority and acknowledge our collective responsibility to oversee its policies and actions. It’s our department, let’s treat it that way.

New Witness: Police Confiscated Bystander’s Camera After Kelly Thomas Beating

During Saturday’s protest we met a new witness to the Kelly Thomas police beating. Here is Edward, a CSUF grad and regular bus rider who told us he watched the entire event unfold from the bus platform…

Edward says he saw one bystander taking pictures with a cell phone camera who was then accused of “interfering” with an investigation. She was grabbed by a police officer who forcefully took her cell phone away. He believes that the woman was then taken into custody.

It is illegal for police to confiscate a bystander’s camera without a court order, unless the camera was used in the commission of a crime (hence the trumped up “you’re interfering with my investigation” charge.) Whether or not this person was actually booked, she would have most certainly been intimidated into giving up her property.

The DA hasn’t acknowledged receipt of any recordings other than the one from the city’s surveillance camera. So where did that cell phone go? And what about that other recording from the local real estate agent who was approached by police after the beating?

Anyone who was threatened by the police on the night of Kelly Thomas’ beating is invited to call or email this blog, anonymously if necessary. If you know somebody who was there, you are also invited to share any information that you have with us.

A Serious Letter

We are in receipt of this letter to DA Tony Rackauckas which calls into question the actions preceding the beating of Kelly Thomas. Mr. Doherty hits the proverbial nail on the head and drives it though the board. Was the call to FPD about some guy burglarizing cars phony? Was it an orchestrated attempt to rid the Transportation Center of a nuisance to a business? If the DA and the FBI don’t find out who made that call and under what circumstances, you may rest assured Friends, we will. And thanks Mr. Doherty for your concern and citizenship.

Saturday’s Protest Will Be The Largest Yet

There’s another rally in front of the Fullerton police station on Saturday to seek justice for the police beating of Kelly Thomas.

I’ll bet we will have upwards of 1,000 participants this time. See you there.

Kelly Thomas Memorial Rally and Protest
Saturday, August 6 · 9:00am – 3:00pm
Fullerton Police Department, 237 W Commonwealth Ave, Fullerton, CA

Joe Felz In Wonderland?

This won't turn out well...

A quick trip to Fullerton Stories reveals a statement by Fullerton City Manager Joe Felz that claims the City never made any “settlement offer” to the family of killer cops victim Kelly Thomas, who was brutally bludgeoned to death by six members of Felz’s police department on July 5th.

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.”

This is just about the shabbiest deception the City has tried yet; verbal hairsplitting to try to dodge the fact that your scumbag lawyer Bruce Praet presented “unofficial” proposals (oh, no not a “settlement,” that can only be authorized by the Council) to the family of the victim. Well, goddam, that’s a distinction without a difference! Felz, shame on you for running this turd up the flagpole, and shame on some stooge named Davis Barber at Fullerton Stories for accepting and propagating this ludicrous trash as pertinent to anything. Maybe now Felz thinks no one will we be inclined to ask who was responsible for authorizing Praet to contact the family in the first place. Was it you, Joe? Or did you even know about it?

Probably the worst part is the not-so-subtle insinuation that Ron Thomas, Kelly’s dad has been intentionally misleading the public.

Soon there will be nothing but a grotesque smile...

Up until now I was willing to give Felz the benefit of the doubt – that he was just some poor former museum director dufus in waaaaaay over his head. Now it would appear that he was either completely out of the loop (bad) or, complicit in a nasty plot to discredit the Thomas family (worse) and protect the assess of some crooked cops.

He needs to go, too. Now.

 

Quirk-Silva’s Open Letter To Fullerton Residents

Dear Fullerton Community Members:

First and foremost, I extend my condolences to the Thomas family. As a member of our Fullerton community, as a member of our City Council, and as a mother, I am deeply disturbed by the events that led to the death of Kelly Thomas.

For the well-being of the Thomas family and the residents of Fullerton, I will continue to ask the questions and demand the actions that I feel necessary to make sure that justice is done.

Current status: All the officers involved in the Thomas incident have been placed on administrative leave. The city is working with the District Attorney and the FBI to ensure that a full investigation proceeds in the most transparent and expedient manner.

Yesterday, I requested that the city manager seek the resignation of Fullerton Police Chief Michael Sellers. I feel that the leadership required from our chief during this crisis was lacking. Citizens of Fullerton need to have confidence in a police chief who can not only provide expert, professional crisis management, but who is capable of being the face of the city when a police crisis occurs. I believe we were failed on both counts. All of us who are privileged to hold leadership positions in this city should be held responsible and accountable for the well-being of our city.

As we move forward, I understand that there are some things that we cannot address immediately, and for this I ask your patience. We need to wait for final reports from the D.A. and the FBI before we can make a final judgment on the officers involved (and for their own safety, I don’t feel it is advisable for their names to be released publicly at this time). However, there is something we in city leadership can do immediately as we grieve Kelly Thomas and begin our healing: revisit our policy on the homeless in our city and county.

Homelessness and mental illness are serious and complex issues that all cities grapple with, but what can we do to better understand their challenges in Fullerton? How can we work with local and county agencies and churches to make connections for families who struggle with mental illness? How can we find necessary resources for those without a home? At the very least, we can all try to gain a better understanding of their plight (see my P.S. below).

Finally, I love the City of Fullerton! We are a loving, resilient community, and we will make our way out of this very difficult period.

Sincerely,

Sharon Quirk-Silva
Fullerton City Councilwoman

P.S. While speaking to a homeless woman named Kirsten yesterday, I asked her what she might need that could make a difference for her and others on the street. First, she said that, for a woman on the street, it would be safety and shelter. Next, she said, simply: “socks!” She wanted some socks to keep her feet warm and clean. She said that some churches and shelters used to provide a pair, but not anymore. This is a request that we as a community can take immediate action on.

If you have any extra socks and/or travel-size personal hygiene items: toothpaste, soap….please drop them off at City Hall. I will personally pledge to deliver the items to the homeless on a regular basis now and in the future. I know that socks and hygiene items will not solve the issue of homelessness or mental illness, and they won’t bring Kelly Thomas back. But our actions might allow us to better understand the Kelly Thomases who are still out there struggling to live day to day with no place to call home.

Who Was There? The FPD Six

Our local leaders have concealed the identities of the six officers who participated in the brutal arrest of Kelly Thomas. In the absence of official information, the public justifiably fears and distrusts every single member of the FPD.

That is probably why sources very close to the Fullerton police department have given us the names of the officers on scene that night. This information was reportedly determined from knowledge of patrol schedules and the observance of which officers have not been reporting for duty since the six were put on leave.

According to our sources:

Officer Jay Cicinelli was there
Officer Kenton Hampton was there
Officer Manny Ramos was there
Officer Joe Wolfe was there
Officer James Blatney was there

The sixth officer would have been a sargent called to the scene due to the use of a Taser.  There are two patrol sargents not reporting for duty at the moment who may have been on duty that night. When we figure out which one was there, we’ll let you know.