Fullerton Observer Acts as an Arm of the State, Actively Helps Pursue FFFF as Criminals

Pravda
Fullerton Observer in their Native Russian

In a twist worthy of Pravda, the Fullerton Observer has gone all-in with being an arm of the state. Sharon Kennedy retained a computer expert to help the city in their lawsuit against us, a rival news organization here in the City of Fullerton. That “expert” has now written a declaration for the city in their lawsuit against us evil “hackers”.

Sharon Kennedy’s own contracted “expert” is now working in cahoots with the city. In a terrible look for local journalism Kennedy has literally retained somebody to help the government attack the First Amendment. From his declaration (emphasis added):

I was retained by the newspaper, Fullerton Observer, to analyze the expert declaration of Matthew Strebe submitted by the City of Fullerton and provide an independent opinion on whether a connection could be made between the City of Fullerton’s Dropbox account and the Defendants associated with Friends for Fullerton’s Future Blog, including named defendants Joshua Ferguson and David Curlee. I reviewed the Declaration of Matthew Strebe, summarizing his forensic analysis of the incident involving the City of Fullerton’s private records.”

The Reporters Committee for Freedom of the Press came to our aid, as have multiple other outlets. Meanwhile the Observer is the only, I repeat THE ONLY, media outlet to openly support the City in attempting to limit the first amendment to whatever the government wants it to say.

It’s not often you get to see a journalistic outlet try and tank a rival at the behest of government – well, not often outside of Mother #Russia anyways. Yet, here we have the Fullerton Observer helping attack us with “expert” testimony while simultaneously claiming on every article their desire to “Protect local journalism”.

Thankfully while Fullerton Pravda…. I mean the Observer was carrying City Hall’s water we went ahead and found our own expert who concluded the following [Linked HERE]:

“The evidence presented by the City in no way supports any allegation of “unauthorized access” or “exceeding access” of any computer system. The evidence shows that the City itself placed this information on the internet without access control allowing anyone full permission to download the content. The access logs, even if authenticated, do not substantiate, in the absence of other corroborating evidence, that all Tor, VPN, and foreign traffic belongs to the Defendants. Nor is Mr. Ferguson’s use of PureVPN a sufficient or even suggestive data point to implicate guilt.”

This case just keeps getting crazier by the day. I knew Sharon Kennedy and her Observer had issues with this blog but I never expected her to literally contract somebody who then attacks us in court at behest of the city’s ludicrous and defamatory allegations.

Joshua Speaks about Fullerton v FFFF Lawsuit

Joshua Voice of OC
Photo by JULIE LEOPO, Voice of OC

I’ve been pretty quiet since the City of Fullerton decided to sue me, David Curlee and this blog. We were under a Temporary Restraining Order (TRO) so knowing what I could and could not post was up for legal debate. Yet at the same time the TRO was active, the City Attorney, Kim Barlow, was out in the open calling us hackers and thieves to our friends, neighbors and the world at large.  Yay illegal prior restraints in violation of the 1st Amendment.

The basic issue here is that City Hall screwed up and then decided to smear and scapegoat us to cover their own bureaucratic hindquarters.

To this end they hired some experts to bloviate about BS in an attempt to confuse people and obscure the truth about what is actually being alleged against us and City Council bought it hook, line and sinker.

The ink on the City’s Press Release hit-piece was barely dry before The Fullerton Observer uncritically reprinted it and in an effort to attempt cover the story they brought in their own “expert” who copy and pasted the City’s nonsense in order to paint us as hackers and villains with malicious intentions and evil schemes.

But now I’ll tell you what is actually being alleged; The City is alleging that we went to it’s website and clicked links.

That’s it.

All of their preening about VPNs/TOR, link hashes, network security – All Of It – is a smokescreen. Despite the nonsense about needing to delay the lawsuit to secure the city’s network, the city never alleges that the their network was ever breached or hacked.

The real meat and substance of their argument and allegations is that we “exceeded authorized access” and are therefore “thieves” and “hackers” under the Computer Fraud and Abuse Act as well as the California Comprehensive Computer Data Access and Fraud Act.

We allegedly “exceeded access” because they say we went to a link on the city’s own website, a link they themselves claim that they told us about, and allegedly clicked on files and folders they put there for the whole world to see plain as day. The argument is that we should have known better and shouldn’t have clicked on the files they put on the internet at the website they told us about. That is literally their allegations. That’s it.

We’re apparently supposed to have known what a $1Million+/year worth of government employees & lawyers didn’t know – that some files the city put online shouldn’t have been accessible from the city’s own website.

To bypass the obvious First Amendment issues in this lawsuit and to obtain their TRO the city made the claim that we accessed files that contain privileged medical records of police and their families, etc.

This is why they claim to have needed the prior restraint against us publishing data – to mitigate financial risks to the city. But there is no evidence this blog has published any such information made in the city’s grand accusations. Information, mind you, that the City themselves claim to have put on the internet for the entire world to access. By their logic we shouldn’t be allowed to do as journalists what they themselves have already admitted to doing as incompetents.

The City is trying to unring a bell here and blaming those who allegedly heard it instead of admitting they caused the commotion when they bonked their own heads.

Even if what the city alleges is true, that we allegedly went to the city’s own website and clicked links, the liability and financial risks to the city are of their own doing by their own admissions. It is not the responsibility of journalists or even the public to safeguard the city’s corruption and secrecy after the city itself has put it on display for the entire world.

To call the allegation that we went to their website and clicked links “hacking” and “stealing” is absurd. To demand myself, David Curlee, my former co-worker, this blog at large and unnamed Does 1-50 turn over our entire digital lives (phones, computers, hard drives, flash drives, CDs/DVDs, etc) to the city to cure this alleged link clicking is ludicrous on top of the absurd. And frankly it’s insulting and malicious.

Fullerton is rotten to the core when it actively buries misconduct by employees and officers but attacks bloggers & journalists for revealing truths. That our council would vote 5-0 to pursue this lawsuit and then vote 4-1 to continue it says a lot about our supposed leadership.

Thankfully the TRO was stayed by the Appellate Court and we are free to resume publishing. This is going to continue at least until 21 November and we’ll keep you posted as to the status of this ridiculous lawsuit.

Meanwhile I’m now out of a job thanks to this lawsuit while bills and attorney fees stack up. A good friend and all around great guy, Erik Wehn, set up a GoFundMe account and I’ll incur his wrath if I don’t mention it [HERE] so there it is and thank you to all of the people who have supported myself and this blog financially, emotionally and spiritually in these trying times. Sincerely thank you.

Local Highschool Girl Shot and Killed by Officer Who is Yet to be Questioned

Hannah Linn Williams

A Fullerton police officer shot a 17yo female. A girl and minor by all objective standards considering she wasn’t of legal drinking, smoking, firearm purchasing or consenting age amongst other things. She was a teenager despite early reports claiming that she was a 17yo woman.

Woman. Which by definition means an adult female.

You just need to look at the Fullerton Observer’s link on the story to see they ran with the “Woman” bait before changing the headline.

17yo Woman

Anything to mitigate the damage and obscure the facts until people complain I guess.

This is where Police Cover-up culture hurts the reputation of police departments. If we take the District Attorney’s report at face value, that a replica Beretta was found “in the vehicle next to the victim”, even though witness statements say she outside of the vehicle, we could be looking at a terrible situation of suicide by cop.

But we don’t know the facts because the officer is legally entitled to not talk to investigators and when the officer does finally get interviewed the investigators will be constrained by what they can ask and how they can ask it thanks to laws putting officers above the rest of us.

I understand that the terrible laws protecting police exist, POBAR specifically, but the idea that an officer can take a life at 7pm on Friday and on the following Tuesday still isn’t been required to give a statement is just asinine. Memories change and fade and if a civilian had been the shooter in this situation there is no way they would have let the suspect walk away and not talk to investigators for 4 days. Police would be threatening walk-outs at the injustice because they’re hypocrites.

The officer might be justified in the actions of Friday night, the officer might not be but the idea that the Department and District Attorney can besmirch the victim with the release of the replica information while hiding everything else behind an “ongoing investigation” stinks to high hell. We don’t know where the shooting took place (inside or outside the vehicle), if the “replica” was next to, near or around the suspect or what led to the Officer’s vehicle colliding with the suspects. We don’t know the officer’s name even. Imagine if somebody shot her on school grounds – do you think 72 hours later we still wouldn’t know the name of the shooter, justified or not? Hell, the little we do know is about the replica and we didn’t know it was a BB gun for days.

17yo Shot on Freeway

It doesn’t help the situation that Fullerton PD doesn’t deserve our trust. There are too many cases of lying cops, cheating cops, cops stealing and cops committing terrible acts being ignored, buried or outright covered up. And all of it is typically hidden behind a Blue Wall of Silence because “the brotherhood” trumps ethics, morality and doing the right thing nearly every time in every situation. Hero and Deserve is the ethos of City Hall and City Council regardless of the situation.

Fullerton PD, until the law required the release of documents, was happy to not tell you that one of their officers was fired for making a female suspect strip so he could shine a flashlight at her crotch and then later asking her on a date.

They were happy to not tell parents what a school resource officer might have been doing with lewd photos of their sons and daughters.

They were happy to hide Officer DUIs and worse.

This department settled with a Lieutenant in a way to specifically avoid disclosure laws.

They’re happy to bury evidence, delete videos and lie to the public. Remember the officer’s “broken bones” that Andrew Goodrich proclaimed after the Kelly Thomas incident? No bones were broken but that statement was never publicly retracted once it was in the wild.

And again, the Officer has yet to talk to investigators now 4 days out from the fatal shooting. Half a week later and the one person personally involved in the events leading up to the intentional killing of a 17yo girl has not even said anything to authorities.

I don’t believe in the Eric Holder idea of never letting a crises go to waste but if anything good comes out of this death than maybe changing POBAR, the Police Officer’s Bill of Rights, can be that change.

POBAR is nothing but a law that obstructs justice, delays investigations and puts the safety of an officer’s job above the truth and facts. It gives officers rights and privileges they would never accept for anybody else under investigation. The police would complain endlessly about being handcuffed by such legislation if it applied to all people equally and thus it needs to land in the dustbin of history next to all other terrible laws which pervert justice.

Justice is supposed to be blind, not blind, deaf, and dumb for one protected class of heroes.

Fullerton Observer Fails at Local Journalism

I’m glad to see that Woodward and Bernstein over at the Fullerton Observer have decided to deviate from their usual city council puffery in order to run a twopart summary of the Mueller Report. Lord knows not enough people are covering THAT story in the media. It sure shows the local journalist chops at work in the local media to… rehash what the entire global media establishment won’t shut up about.

Observer Mueller

Normally I wouldn’t take time out of my day to poke fun at the Observer but I need to point something out for the sake of clarity. If you search for the Observer on Google or go to their About Us page they ask for money from people in order to… wait for it:

Protect local journalism –”

I’m pretty sure this website has broken more local news in Fullerton in the last few weeks alone than the Observer has in a decade and we got hit with an ethically and legally dubious Cease and Desist letter from the “City Prosecutor” for our efforts.

When we were being threatened by City Hall where was the Observer? They’ve been silent on the whole issue because of course they have been. They likely won’t report on anything critical of the city we’ve published without us identifying our sources but no source info is needed for that Cease and Desist letter and yet still radio silence.

Sadly, as has been the case for far too long, if the Observer isn’t crying about the liberal cause-de-jour they’re spending their column space blowing smoke up the skirts of city bureaucrats and avoiding any issue that might shed light on how things actually function in our local government. It may be a bad look to call one’s staff “journalists” if you function more as a local government PR firm.

Maybe after the city follows up on their anti-First Amendment threats against this blog, and one of our contributors, the Observer will have raised enough money to “protect local journalism” in order to actually write about the issue. But don’t hold your breath.

Maybe the Story is Down Here

Enough Excuses, this Recall is Newman’s Own Fault

The Tax Bear Cometh

Here’s a thought experiment for you.

Let’s say you bought a house in Fullerton at the peak of the housing market. The market has mostly recovered but the house is only worth what you originally paid. However, when you receive your tax bill, the Franchise Tax Board assesses it higher, so there is more than a $1,000 difference in what you think you should pay and what you are actually charged. So you send a letter to the Franchise Tax Board disputing the charge and explaining why you believe your bill should be lower.

According to our State Senator Josh Newman, what you just did was costly and unnecessary. You see, that letter disputing the $1000+ charge cost 49 cents to mail, and the letter isn’t guaranteed to get you that refund you want.

That’s pretty much the takeaway from this recent editorial from Mr. Newman, which ran on Page 2 of our local Fullerton Observer Newspaper. Senator Newman’s response to the anger over his vote to raise taxes by over $52 billion over ten years in an already overtaxed state is pure misdirection, asking his supporters to instead ask recall proponents “why they’d waste $2.5 million on a recall petition rather than put 34 more teachers in our schools, 16 more firefighters in our communities, or 13 more cops on our streets.”

Of course the answer is really simple: Because $52 billion is more money than $2.5 million. About $51.9975 billion more.

Don’t think about the $1000 tax you shouldn’t have to pay. Think about the two bubble gum balls you could buy with this money instead.

Elsewhere in the editorial, Senator Newman does get around to justifying his vote and that the increased spending on roads was necessary due to the poor condition they are in. Nobody in Fullerton would dispute that, but the reason for the problem is grossly out of whack spending priorities, not a lack of revenue.

Take the examples Newman cites himself. He bemoans the fact that the alleged $2.5 million recall cost could put 13 more cops on our street and not the fact that, by his own admission, putting a single police officer on our streets costs over $192,000 per year in the first place due to the grossly unsustainable public employee benefits we dole out. He bemoans the horrible condition of our roads and not the fact that the 18 cent per gallon tax we already pay has been diverted into the fiscal vortex that is high speed rail – and even when Caltrans does spend money on roads, overpayment and delays have come to be accepted as inevitable.

This is why your constituents are angry, Senator Newman, and this is why they are listening to (as you put it) “shock jocks” and signing the recall petition in droves. We are tired of excuses and we are tired of politicians who choose to represent the interest in Sacramento that want to keep this unsustainable benefit machine chugging along at the taxpayers’ expense.

In the event you are reading this yourself, Senator, I don’t say any of this with rancor and I still like you personally, but you are working against my interests and those of hundreds of thousands of your constituents in Sacramento and it has to stop. And babbling about millions while your policies are costing tens of billions isn’t going to save you.

The Yellowing Submarine Sinks Deeper

Dive! Dive!

You have to wonder about the integrity of an avowedly left-wing media effort that is so desperate to prop up and defend local government that it will…well, read on.

The Fullerton Observer and its obtuse editor, Sharon Kennedy, have now resorted to republishing pieces written by the pro-cop union shill “Behind the Badge.” The taxpayers pick up the tab for that lame propaganda.

It’s true.

In it’s latest journalistic effort, we see on page 12 a “story” scribbled by the utterly servile Lou Ponsi. There is no explanation as to where this tidbit comes from. Is Ponsi now an “Observer?” But a simple hunch led me to Ponsi’s new source of income. Sure enough. Kennedy has just passed along a reprint from “Back the Badge.”

The sole purpose of Behind the Badge is to make Fullerton’s cop apparatus look good, no matter what, by running feel-good stories. And Sharon Kennedy’s mission is making Fullerton’s government look good, no matter what. I guess it makes sense in a perverted kind of way.

At least we don’t have to pay for the Fullerton Observer.

Amerige Court Becomes Amerige Commons

Hello Fullerton Friends. I’ve been gone for a few weeks owing to the Flu, Family, Festivus and other merriment this time of year. I hope you’re all enjoying your holidays whichever ones you choose to enjoy. Feeling better I wanted to start to dive into some of the public records requests I’ve received from the city but my wife wants me to write about Amerige Court. As my Grandfather once told me that the two most important words in a marriage are “Yes, Dear” I suppose I’m going to have to write about Amerige Court.

For those who don’t keep track of Fullerton boondoggles year in and year out Amerige Court was originally planned to be a 9-Story Mixed Use monstrosity which would sit on the property that is currently some of the most heavily utilized parking for Downtown Fullerton straddling Amerige Avenue between Harbor Blvd and Malden Avenue.

The plus side, at the time of inception anyways, was that it would provide Downtown with 150% of the parking that was (and is) currently available with the downside being every other aspect of this plan. When people got wind of it the city pushed the plan into a “Study Session” where it was cut down from 9 stories to a more reasonable size and the 150% parking requirement was nixed because why not take the only good thing away from the plan. (more…)

The Yellowing Submarine

Things never looked better for Fullerton.
Things never looked better for Fullerton.

An alert Friend directed our attention to the Fullerton Observer’s “reporting” of the recent Joe Felz/Danny Hughes Glenwood Ave. Road Rally. Here’s the article. As usual the Observer does its level best to downplay the incident –  since for the Yellowing Observers City Hall can do no wrong. If you want, you can see it here. Below is a facsimile.

Journalism at it's finest!
Journalism at it’s finest!

Let’s enjoy some of the unintended hilarity.

First notice that neither the chief player in this drama, nor even his august title are mentioned in the headline, a rather glaring omission, one would think.

It is not until the end of the second paragraph that we discover the tree killer is our beloved city manager; and it wasn’t until the next sentence that he is identified – only as “Mr. Felz.”

None of the pertinent facts are shared: that Felz had been drinking; that he had tried to drive away; that he had been given a pass on the breathalyzer test that would have been forced on you or me, or even Sharon Kennedy, editor of this mess.

Ironically, Page 6 contains a saccharine farewell to Chief Dan Hughes, whose last official task as chief was to make sure his boss got a safe ride home and tucked into bed without the worry of an annoying and embarrassing DUI rap. Thanks for the solid, man!

“Leaked to a local blog.” Ha ha! Yes, indeed! But no mention of the evil FFFF, where original and dangerous attitudes prevail! Jeez, even Sappy McTree got more shine than we did.

And finally: “…witnessing a driver (you mean THE driver) trying to maneuver his vehicle off the causeway.”

Causeway? Just like The Observer of old: error riddled, incompetent, supine and illiterate.

Two Kinds of Deflection

In the wake of the Kelly Thomas murder at the hands of the FPD, two different yet eerily similar tactics emerged for deflecting responsibility away from the cops.

Fullerton’s antique liberal crowd quickly banded together so that society itself could be blamed, not the FPD: the problem was not murderous, corrupt or even incompetent cops. Oh, no. The problem was one of homelessness and the solution was to provide a homeless shelter! Why Kelly would probably even be alive today!

On the other hand, the anonymous cop-protectors keep insisting that the problem lay with poor parenting for Kelly’s death, as if a schizophrenic, 35 year-old man was somehow the responsibility of his parents, and as if that somehow exculpates the six cops who beat him to death and stood around laughing as he died in a pool of his own blood.

Of course both groups relied heavily upon a completely comical whitewash of the FPD Culture of Corruption by paid-for opinion of Michael Gennaco.

Two different cliques, two very similar tactics.

 

Sooner or Later, Social Justice For Kelly Thomas

It’s funny, in a sick sort of way, but the very types who used to bray the loudest about the need for “social justice” have been virtually silent in Fullerton in the wake of the Kelly Thomas murder at the hands of members of an out-of-control police department.

The graying establishment Democrats had been hiding behind their drawn chintz curtains, curled up in an intellectual fetal position on their plastic slip-covered Naugahyde sofas. It was just too scary and, well, controversial to say anything, let alone actually do anything.

Fortunately, others, such as Stephan Baxter, Marlena Carrillo and Lauren Becker are willing to keep up the pressure.

Here is a link to Becker’s website that reminds us exactly what a Culture of Corruption can do, and try to get away with, when left to its own devices. It also reminds us what we can do to push back against an entrenched system.

The bars stayed open and the bands played on…

Democrats like Jan Flory, and Molly McClanahan and Pam Keller didn’t say a word in the aftermath of the murder. No, they only got outraged when people outside their cozy little circle took the reins of government out of the hands of three incompetent old fools.

These people are a lot more worried about the fate of the bureaucracy than they are about the people of Fullerton. All of them.