Fullerton’s City Prosecutor Threatened Me

Idiot Palmer is on the right

Thanks to our friend and contributor Lonnie Machin’s recent posts on this blog, the City of Fullerton has decided to send a Cease and Desist letter threatening me and “Friends for Fullerton [sic]” with legal action.

Cease and Desist - June 2019

The letter in it’s entirety is as follows:

Joshua Ferguson
Friends for Fullerton
Re: Cease and Desist – City of Fullerton Police Department

Dear Mr. Ferguson,

It has come to the attention of the City of Fullerton that you have recently published on your website documents which have clearly and undoubtedly been sourced from the confidential personnel files of several current and/or former Fullerton Police Officers. The State of California has statutorily recognized this right of confidentiality. (See Penal Code §§ 832.5, 832.7 and 832.8.) Any disclosure of such confidential records is strictly limited and must be authorized by a court order from a Superior Court judge. (See Evidence Code §§ 1043-1047; Pitchess v. Superior Court(1974) 11 Cal.3d 531 and its progeny.) Indeed, the Fullerton Police Department has an affirmative duty to resist attempts at unauthorized disclosure and the officers who are the subject of such records expect their right of privacy will be respected. (See Craig v. Municipal Court for the Inglewood Judicial District et al. (1979) 100 Cal.App.3d 69.) Finally, the improper disclosure of such records is prosecutable as a misdemeanor violation of law under Government Code section 1222 (See Attorney General Opinion, 82 Op. Att’y Gen. 246 (1999).) Any person facilitating the illegal disclosure of such documents in violation of the law may be prosecuted as either a principal in that crime or as an aider and abettor.

For all these reasons the City of Fullerton demands you immediately:

1. Remove these Confidential Documents from Your Blog within one hour of your receipt of this e-mailed cease and desist letter;

2. Refrain from posting any other Confidential Documents illegally obtained to Your Blog in the future:

3. That you immediately send to our office within 24 hours all Confidential Documents you and your employees have in your possession. You are also instructed not to make any copies of the Confidential Documents in any form (including but not limited to electronic, imaged, hard copies, etc.)

3. That you immediately delete all electronic copies of the Confidential Documents in your and your employees’ possession.

Your failure to follow these instructions can result in legal action being taken against Friends for Fullerton’s Future wherein the City will seek all necessary legal remedies.

We require your immediate compliance with this cease and desist letter. Notify the undersigned of your compliance with the above within 24 hours of your receipt of this correspondence.

Thank you for your prompt attention to this matter.

Gregory P. Palmer
City Prosecutor
City of Fullerton

(more…)

What Happened to Officer Christopher Wren

Wren is on the right
Wren is on the right…

Some of you may remember the story of Officer Christopher Wren, the FPD brother in blue who pled “no contest” to a list of charges back in 2009. That wasn’t enough to get him booted from the force then but it appears he’s off the force now.

So what happened? What would possibly be worse than false imprisoning somebody?

An affair with a subordinate.

The department learned about the affair when Wren’s wife threw him out of the house and a subsequent investigation took place. During the course of this investigation some things were learned and #3 is a fun note.

“A nude photo of you, taken on October 17, 2017, was located on your Department-issued phone”.

One has to wonder how common this problem is around the station and on department-issued phones.

Based on this report these officers, while on duty, just ignored dispatch and the city they were supposed to be “serving and protecting” so they could “talk” about their dalliances. Sometimes for hours at a time.

The list continues.

Wren-Dismissal 03

Let’s look at #10 for a second.

“while on duty and in uniform and in a women’s restroom at the Fullerton Police Station… you met with Officer Riedl for several minutes to discuss your personal relationship”

They met in the women’s restroom for several minutes to “discuss” their relationship. Is that what the kids are calling it these days?

Finally Officer Wren made a point to “confront” Officer Ramek about their “respective relationships with Officer Riedl”.

It would appear that there was quite the love triangle happening at FPD and that despite the department policy on notification of any such relationships (specifically the subordinate one) it was only discovered once Wren’s wife notified FPD that she threw him out of the house.

Based on FPD’s history this looks like classic turning a blind eye to policy until it becomes a problem too big to ignore. Here’s the relevant policy:

FPD Policy Relationship 01

FPD Policy Relationship 02

We’re not sure what, if anything, happened with Officers Riedl or Ramek or how many “discussions” are still happening in the FPD women’s restroom at this time. As more information is released we’ll be sure to share it.

So What Did Lieutenant Kathryn Hamel Do?

Sgt. Kathryn Hamel

By now you’ve likely seen that the City of Fullerton and the Fullerton Police Department cut a deal with Lieutenant Kathryn Hamel and in doing so bypassed CA’s disclosure law known as SB1421.

We just received a tip which gives us some context into this whole Hamel ordeal. Most of the details are buried but a diligent anonymous soul divulged some of it.

First it appears that Lieutenant Hamel was the subject of two internal affairs investigations and at least one of them was completed. This first image shows this much.

Hamel-IA

We know, thanks to Transparent California, that Fullerton at the time only had 6 Lieutenants.

But to narrow it down more we were also sent the following:

This arrest of Rock Wagner resulted in a lawsuit against the City of Fullerton which we believe is still pending.

Finally we have this image which was sent along to show that even the settlement agreement was written to omit certain facts.

Hamel-Skelly

It would seem that Hamel wasn’t innocent of the charges that led to the internal affairs investigations because they rescheduled a “Skelly” hearing against her.

Now let us put that in context with our earlier post:

“all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained.”

If you’re wondering what a “Skelly” hearing is I’ll let the city of Fullerton’s own city attorney Jones & Mayer lay it out:

Due process requires that any deprivation of life, liberty, or property be preceded by notice and opportunity for hearing appropriate to the nature of the case. In California, this is referred to as a Skelly hearing or conference, after the California Supreme Court decision in Skelly v. State Personnel Board, 15 Cal. 3d 194 (1975).

The Ninth Circuit held that, at a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefore, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing, to the authority initially imposing discipline.

Basically you don’t schedule a skelly hearing unless you’re going to discipline somebody and take something away from them – usually their job. (more…)

Fullerton Police Cut a Deal to Bypass the Law

As hinted yesterday, we received an anonymous piece of correspondence with a copy of the separation agreement between “Lieutenant” Kathryn Hamel and the City of Fullerton.

It is quite an interesting read. We aren’t the only outlet to receive this so we’re curious to see what coverage, if any, this receives in the press.

From what we have gathered Officer Hamel had at least two internal affairs investigations into her actions. It is alleged that one of them was for giving false statements.

These internal investigations were dropped as a condition of this settlement specifically to avoid disclosure under the law known as SB1421.

To quote the agreement (bold emphasis added, caps lock in original):

“The City will revise its Notice of Intent to Discipline Hamel to remove allegations relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness.  The Interim Police Chief will place a notice in the file indicating that, pursuant to settlement, all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained.   The IA investigation, and related materials including the revised Notice of Intent to Discipline,  will be sealed and maintained in the Human Resources Department, and only in the Human Resources Department, with a notice reading:  “THIS IS A SEALED FILE AND SHOULD NOT BE DISCLOSED OR OTHERWISE PRODUCED WITHOUT WRITTEN PERMISSION FROM THE CITY MANAGER, AND ONLY AFTER RECEIVING A WRITTEN OPINION FROM THE CITY ATTORNEY THAT SAID RELEASE OF INFORMATION IS REQUIRED UNDER APPLICABLE LAW.”

“The City asserts, based on a “not sustained” finding of all charges, that any and all records relating to this investigation are not subject to release under Senate Bill 1421.  The City further asserts that any challenge to this legal opinion by any entity will be defended by the City – in court if necessary – to the fullest extent.”

Since Jerry Brown made it possible to find out when police lie, sexually assault people and cause great bodily harm through SB1421 the police and local governments in CA have been scrambling to find ways to block it’s implementation or ways to work around it and here we see one of those ways.

We citizens should fully expect that this is going to be the new normal.

Lacking consequences the police will continue closing cases and ending investigations to protect their own. Watch as the councils and mayors of our city and state do nothing for fear of union funded reprisals at the ballot box.

This is what happens when there is no objective civilian oversight and departments are allowed to handle their own investigations into the wrongdoing of their friends, family and co-workers. (more…)

Chasing Rainbows

I noticed two things in the Fullerton Observer the other day that on the surface are pretty innocuous but that upon a little reflection seem to be symbolic of the way our city government has operated over the years.

AhmadZahra
Movin’ on up

The first is the City’s proclamation of Arab American Month, a first, and no doubt conceived by new councilmember Ahmad Zahra who is himself an Arab American. Here is Zahra:

“As an Arab-American myself, I’m very proud of this moment, and I’m proud of our city for being such a wonderful, diverse place where everybody can celebrate who they are but work together for what is best for our community.”

Diversity and celebration. Hmm. Well, okay, a little color toner and some quality legal-sized paper, a few minutes of everybody’s time and you’ve got your proclamation. Go in peace.

The second item is about the rainbow flag flapping on the pole in front of City Hall. The City Council in March approved flying the banner that symbolizes LGBTQ rights, etc for LGBTQ Month. Mr. Zahra is also gay and this may account for the fact that Fullerton has finally got around to this pressing issue. This is a bit more problematic because here we have an official endorsement by the City. Personally, I’m all for equal rights for everybody – including marriage, and I couldn’t care less if Jennifer Fitzgerald orders that a Goofy flag fly over the City Hall. Still, it gives one pause to consider the priorities of our esteemed leaders – nobody’s rights are threatened by not flying the flag; meaning, of course, that the whole thing is an empty gesture.

And this brings me, finally, to the point of this post. We have a city council that has spent us to brink of fiscal disaster with no accountability, no responsibility and no concern at all for the taxpayers and citizens of Fullerton. They have squandered millions on vanity construction projects that were mismanaged, unnecessary, or downright dangerous. They have let the streets of Fullerton become the joke of Orange County. They have turned over downtown Fullerton to a gang of scofflaw saloon owners. They have nurtured a deadly Culture of Corruption in the police department, an infection that reaches from top to bottom. Meantime they are determined to ignore any of the calls for a correction to the course they have navigated.

More negativity. Just think positive!

Ask yourselves this question: Are any of the real municipal problems of Fullerton ever addressed? The answer, sadly, has been no. Meanwhile, empty symbolism and diversion are the order of the day. It’s easy pandering, and to the uninitiated might even look like something is being accomplished.

The question whether hollow gestures are better than none at all, especially when promoted by incompetent or corrupt officials, may remain academic. What is a practical reality is that in a month or so Fullerton will begin its Annual Can Kick – known as the budget approval. But the can is getting more obdurate every year and the lies coming from Fitzgerald and Flory ever more outrageous. Soon we will be able to see what sort of new flags from Mr. Zahra and his colleagues will be run up the flagpole. Will anybody salute?

Fitzgerald Quits Fullerton City Council

I’m not telling the truth and you can’t make me…

Today Jennifer Fitzgerald announced her resignation from the Fullerton Council, effective immediately.

It’s a dirty job, but someone’s gotta do it…

“I can no longer even pretend to fulfill all the oaths I swore when I became a councilperson,” said Fitzgerald. “All the developer shakedowns, all the lies, all the influence peddling – I just can’t keep track of it all anymore. Balanced budgets, commitment to roads, honest cops – people want so much and I am so tired. I’m going to spend time with my family,” she stuttered weepily. “The evil has been backing up so much I feel I may burst.”

Mayor Jesus Silva responded to the announcement by saying ” I guess I’ll miss her helping me out at meetings when I started babbling like a boracho pendejo, but it will sure will be nice to have only one woman telling me what to do.”

Quick, get clear of the impending collapse…

Recently appointed Councilwoman Jan Flory had kind words for her colleague. “I’m going to miss Jen’ on council. To my lights she was the heart of the city and represents the very best commitment to service. We accomplished all sorts of things together – good roads, a successful downtown bar scene, an accountable police department, an unmatched string of balanced budges, effective and successful public works projects – you name it. She’s the reason Fullerton is where it is today.

Recently elected councilperson Ahmad Zahra was quick to praise Fitzgerald. “I thought at first  she might be, you know, difficult to work with after she called out my long-winded moral posturing on the council appointment deal. But, later, when the chips were down, and she was willing to screw Whitaker just for the fun of it, I was so happy to make the deal to be on the water board. It was a very successful transaction.”

The council will now have to decide whether to replace Fitzgerald by appointment or by special election. According to the City Attorney a special election in November could cost eighty trillion dollars, which might come close to unbalancing the City’s budget according to City Manager Ken Domer.

Former Fullerton Police Chief – Guilty

Former Fullerton Police Chief David Hendricks and former Fullerton Police Captain Tom Oliveras have both plead guilty to charges related to their scuffle last year.

According to the LA Times:

“A former Fullerton police chief and one of his captains plead guilty Monday to misdemeanor charges for starting a fight with paramedics at a Lady Antebellum concert last summer in Irvine while off-duty, an incident which forced the chief to resign.”

Also from the LAT:

“Neither will serve jail time. As part of their plea deals with prosecutors, Hendricks had two counts of battery on emergency workers and one count of resisting arrest dismissed, while Oliveras had one count each of battery on a peace officer and resisting arrest dismissed.”

This is the same charge that Deputy DA Mike Flory was found guilty of a few days ago. Sure must be nice to work for the state – you can punch, choke and hit public safety members (or just hit kids allegedly in Flory’s case) and get slapped on the wrist with “disturbing the peace”. You’d think with all of the pay, benefits and praise we give these people in their professions the least taxpayers could expect is some actual discipline when they screw up but nope. We’re lucky to ever even learn the details when “public safety” members cause harm – just ask Fullerton City Hall as they continue to block every request regarding legally required transparency.

Just another day with Fullerton’s finest.

Who Are the Bad Apples?

Bad Cop

Over the years we here at Friends for Fullerton’s Future have written about what feels like countless stories on the culture of corruption. A lot of facts, some rumors and a lot of annoyance as the city, police department and union goons do everything in their power to keep all of us from knowing anything even slightly negative happening behind the badges of our betters.

Well, on January 1st, 2019 California law changes to allow a little bit of information to eek its way past the Blue Wall of Silence. Thanks to the usually ridiculous California legislature and soon to be former Governor Jerry Brown, we’ll be able to learn about some of the actions perpetuated by some of the officers around the state. Here’s the law in question.

You’ll want to read section C and the bits about lies and dishonesty. I previously had it quoted it here but it’s too much legalese to blockquote. Basically if it’s proven that a cop lies or falsifies a report you can get the records of those findings.

(more…)

Another Possible Cover-up by FPD

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…)

Hendricks Already Up for a New Gig

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…)