Fred Jung’s Iron Fist

Worse than Waterloo…

The metaphor of the iron hand in the velvet glove has been attributed to many, including Friend of Fullerton, Napoleon Bonaparte.

Has Fullerton Mayor Fred Jung forgotten about the velvet glove?

Gloves are so Nineteenth Century…

Here’s a fun exchange harvested from the hysterical comments at the Fullerton Observer, home of the unbalanced Kennedy Sisters.

I have zero idea who Barbara Steeves is, or if there even is one; but the commenter wants people to believe he/she is privy to what goes on behind closed doors at City Hall. She is challenged by “M” who rightly questions the veracity of her information – if she was there. And naturally Sharon the elder Kennedy sister helpfully interjects, reminding M that Fullerton is a small town, and everybody knows everybody.

I don’t know Fred Jung so I don’t know if this is the kind of phrase he would even utter. But I sure hope it is, and that he said it.

I’ll drink to that!

For years Fullerton citizens and taxpayers have picked up the tab for incompetent staff decisions, including foolish lawsuits, lots of money wasted on useless projects all surrounded by unaccountability and complacency. It’s true that all of the disasters and fiascos have been rubber stamped by incurious, stupid, and supine city councils. Nevertheless, city staff is composed, allegedly, by competent professionals who ought to be able to guide the councils away from quagmires, and not create any of their own. But if they could, they obviously don’t want to and don’t care, failure being ignored and even rewarded.

It’s way past time that staff members tell the truth. Our Community Development Director Sunayana Thomas seems incapable of an honest answer to a council question. And then there’s our marble-mouthed lawyer Dick Jones, of the I Can’t Believe It’s A Law Firm, who has doled out the worst legal advice imaginable for 25 years or more.

Here are some random Fullerton issues where an iron fist attitude might have avoided the usual complacency and stupidity:

Laguna Lake leak

Boutique hotel fiasco

Trail to Nowhere

Florentine forgery case

Florentine/Marovic Sidewalk Heist

Walk on Wilshire money pit

Silly Roundabouts

Losing Lawsuit against FFFF

Fraudulent water rate scam

Unneeded elevators at depot bridge

Drunken City Manager cover up

Useless bridge in Hillcrest Park

Incompetent construction of wood stairs in Hillcrest Park

$ 1,000,000 Core and Corridors Specific Plan

Consistently misguided park priorities

Poison Park fiasco

University Heights disaster

The ridiculous Fox Block monster

The Downtown economic sinkhole & noise code violations

Monster apartment blocks without enough parking

Etc., etc., etc.

Mr. Average Gets A Raise

What do you do when your City Manager is spectacularly unspectacular? If it’s Fullerton you give him a raise.

I’ll drink to that!

See, in Fullerton if you’re a City Manager who avoids getting drunk and driving over a tree before trying to evade the law, you’re doing pretty darn good.

Don’t let the amorphous shape fool you. Oh, wait…

And so Mr. Eric Levitt, who has been City Manager for less than 2 years is getting an 8% raise from $250,000 to $270,000. This gentleman is hardly any different than the two temps who preceded him and gives precisely the same deference to an incompetent collection of underlings. In the past 20 months he hasn’t shown any interests in establishing a corps of excellence – just the opposite in fact, and this must be cause for comfort for a City Council that thrives in a culture of not bad is outstanding – just try not to let us make ourselves look too bad.

Last year, the City Manager predicted dire economic issues ahead for Fullerton, massive deficits, of course; and by the end of 2023 Levitt had already started paving his own path of least resistance by hiring a public opinion pollster to drum up support for a general sales tax. This year’s mission will be to revive the ill-fated Measure S, give it a new letter from the alphabet, and let the cops and emergency medics pitch it to the public.

What a performance.

The Curse of Other People’s Money

It’s a sad fact that local politicians usually have no qualms about spending money from off-budget sources – like State and Federal grants to do this or that uber-important thing. And these things don’t really undergo much scrutiny at all because the money the locality gets, if it finds itself awarded such a grant, isn’t competing with other municipal needs. And, better still, the awarding agency very often has no interest in seeing how successful the grant actually was. See, this requires a rear-view mirror, which the government go-carts just don’t have.

It might work…

This topic came to light during discussion of the ill-fated “Trail to Nowhere” that was going to built with almost $2,000,000 bucks raised from some State of California bond rip-off or other. We heard from the drummed up “community” that the money had been awarded, so better take it; these people being not at all concerned that just maybe the money could be better spent on a project elsewhere. And let’s not worry about the fact that nobody will be responsible for the failure of the scheme.

Phase 1 was a complete failure so Phase 2 is bound to work!

Which brings me to Fullerton’s history of grant money, utterly wasted, and with absolutely no accountability. Specifically I am referring to the long-lost Core and Corridors Specific Plan. I wrote about it seven years ago, here.

I’ll drink to that!

Back in 2013 or so, the City of Fullerton received a million dollars from Jerry Brown’s half-baked Strategic Growth Council to develop a specific plan that would sprawl over a lot of Fullerton, offering by-right development for high-density housing along Fullerton’s main streets – a social engineering plan that would have drastically changed the character of the city. The reasons for the entire project’s eventual disappearance off the face of the Earth are not really important anymore. What is important is that the grant money – coming from Proposition 84 (a water-related referendum!) was completely and utterly wasted.

A page on the City’s website dedicated to the Core and Corridors Specific Plan had quietly vanished by 2017, never to be heard of again.

It doesn’t matter how it turns out. It’s the gesture that counts.

The lesson, of course is that Other People’s Money causes public officials – the elected and the bureaucratic – to take a whole other attitude toward spending on stuff than it does if the proposed projects were competing with General Fund-related costs – like the all-important salaries and benefits; or competing for Capital Improvement Fund projects that people actually expect a city to pursue. And it’s very rare indeed for a city council, like ours, to realize that grant money can be misused and actually wasted.

And so I salute Messrs. Dunlap, Whitaker and Jung for voting to return the Trail to Nowhere grant money – an act of true fiscal and moral responsibility.

Our New Mayor

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

Our esteemed City Council appointed lobbyist-councilcreature Jennifer Fitzgerald to be the new mayor a couple weeks ago. Supposedly it’s her turn again. How and why Jan Flory was appointed Mayor Pro Tem is anybody’s guess, especially since Bruce Whitaker and Ahmad Zahra have been on the council longer without appointment – supposedly the criterion for getting the job.

Zahra and Jesus Silva Quirk are no doubt angling to grab the mayor titlee when they run for re-election in 2022. They aren’t too bright, but they’re smart enough to count in four-year increments.

But the nasty machinations of our talent-free council are not the point of this post, merely a rolling introduction. What I really want to share is the completely self-serving and fraudulent mayoral bio Ms. Fitzgerald has placed on the City’s website, the first two paragraphs of which I reproduce here:

Mayor Jennifer Fitzgerald was elected to the Fullerton City Council in November 2012 and served as Mayor Pro Tem in 2014/2015 and Mayor in 2015/2016. In her first three years in office, Mayor Fitzgerald played a key role in several significant accomplishments, including a $3.5 million retroactive refund of water rate overcharges, public safety reform, a substantive increase in funding to repair the city’s aging roads and water infrastructure, and adoption of new transparency measures for public employee labor negotiations.

Mayor Fitzgerald represents the City of Fullerton on the Board of Directors for the Association of California Cities-Orange County Chapter and she is a Member of the Board of Directors for the Orange County Taxpayers Association. She is a former Metropolitan Water District Director, Past President of the North Orange County Chamber (formerly Fullerton Chamber of Commerce) and past Member of the Board of Directors for the Fullerton Historic Theater Foundation. Previously, she served the City of Fullerton on its Planning Commission and General Plan Advisory Committee.

It’s pretty bad that Fitzgerald is trying to take credit for the water refund she fought tooth and nail to minimize. It’s worse that she is trying to get gullible folks to think she has done anything about police reform , when in reality she has been an ardent defender of cover-ups for eight years –  including hush-up settlements and even being implicated in hiding the drunk hit-and-run perpetrated by her buddy Joe “Wild Ride” Felz. The unkindest cut of all may be her bragging about “increased funding” for street and water infrastructure that she and her comrades let sink into a deplorable mess – the worst in Orange County.

At least this go ’round she omits her oft-repeated lie that she has balanced budgets, but her re-election campaign material will no doubt rectify the omission. I’ll be checking into that.

And finally I direct your attention to paragraph two, wherein the tone deaf Fitzgerald blithely recaps all the public money laundering agencies she has consorted with, peddling her wares as a lobbyist for one of the greasiest operators in OC – Curt Pringle.

Follow the Bouncing Bureaucracy

One of the biggest problems with government is that it’s slow to react and generally stupid in those reactions. This is largely because governments are run by incompetent bureaucrats who refuse to learn lessons from their own mistakes.

Let’s look at some complaints lodged against city appointed commissioners and how the city reacted to those complaints to see how the rules in government changed depending on the person involved.

First up is a complaint against our own Joshua Ferguson by city manager assistant Nicole Bernard. She apparently got mad at the posting of an anonymous complaint  against her.

She asked the city to compel Joshua to remove the post and the lawyer the city used to look into it came back with a big fat no can do: (more…)

Breaking News: Fullerton Threatens Local Blog – Again

The city is threatening to sue us… again.

Let’s have a look at the newest letter from the city (PDF HERE) before getting into why this is happening:

Dear Ms. Aviles:

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

As legal counsel for the City of Fullerton, I write, pursuant to California Government Code section 6204 et seq., to notify you, as legal counsel to the owner(s) and/or operator(s) of the Friends for Fullerton’s Future (FFFF) blog, that the City of Fullerton has reasonable grounds to believe that owner(s) and/or operator(s) of the FFFF blog are in unlawful possession of records belonging to the City of Fullerton. The records were taken and used by FFFF blog owner(s) and/or operator(s) without the City’s authorization and fall within the definition of “record” under California Government Code Section 6204(a)(2), as well as the definition of “public records” under California Government Code § 6252(e), and are described as follows:

Any and all records obtained from the City of Fullerton’s Dropbox account (https://cityoffullerton.com/outbox) that were not directly provided by the City to Joshua Ferguson or any of FFFF’s agents or associates through an emailed link, including, but not limited to, records contained in a folder named “prl 919 – Josh Ferguson.”

Therefore, pursuant to Govemmentt Code section 6204, within twenty (20) calendar days of receiving this notice, the owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog are hereby directed to either:

  1. (1)  Return the above-referenced records to the City of Fullerton, as previously requested; or
  2. (2)  Respond in writing and declare why the above-referenced records do not belong to the City of Fullerton. Ifthe owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog do not deliver the above-described records, or do not respond adequately to this notice and its demand within the required time, we will immediately thereafter petition the Superior Court of Orange County for an order requiring the return of these records.

We further note that the FFFF blog has posted many of the confidential City documents after receipt of our office’s June 13, 2019 cease-and-desist email. (A copy of that email is enclosed herein). Many, if not all, of the confidential City records posted to the FFFF blog are explicitly exempted from disclosure under the California Public Records Act, would not have been provided to Mr. Ferguson or FFFF agents or associates in response to a Public Records Act request, and could only have been obtained without the City’s express authorization. Such records posted to the FFFF blog are confidential and exempt from disclosure pursuant to the following authorities:

  • “Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.” Cal. Gov’t Code § 6254(a);
  • “Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.” Cal. Gov’t Code § 6254(b);
  • “Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Cal. Gov’t Code § 6254(c);
  • Law enforcement investigative records. Cal. Gov’t Code § 6254(f); and
  • “Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” Cal. Gov’t Code § 6254(k), which includes the following privileges:

o Attorney-client privileged records. Cal. Evid. Code 950 et seq.; Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993);

o Attorney work product. Cal. Civ. Proc. Code § 2018.010 et seq.;
o Peace officer personnel records. Cal. Penal Code § 832.7 et seq.; and o Confidential closed session information. Cal. Gov’t Code § 54963.

FFFF’s unauthorized access and misuse of the City’s clearly privileged and exempted documents constitute a violation of California Penal Code section 502, which grants civil remedies (including compensatory damages, attorney’s fees and potential punitive damages) to any persons or entities injured by any violations thereof. See Cal. Pen. Code § 502(c), (e).

As such, unless FFFF complies with the demands set forth in the City’s June 13, 2019 cease and desist letter within 24 hours, the City will have no choice but to pursue all criminal and civil remedies available to it under the law.

Bruce A. Lindsay

Fullerton Cease and Desist 2 Page 01 Fullerton Cease and Desist 2 Page 02

What is this all about?

For those in the cheap seats we at Friends For Fullerton’s Future broke news story after new story by publishing documents that the city didn’t want disclosed and tying those documents to local events and items of public interest. Those stories include, but are not limited to:

The city settling with a police officer to sidestep disclosure laws regarding police misconduct.

The results of a Body Worn Camera audit for a School Resource Police Officer who had, what appears to be, child pornography on his (or perhaps department issued) cell phone.

An insurance payout for an accident that destroyed a city vehicle.

Likely fraud by city employees costing over $50,000 worth of waste/theft.

Possible Accounting fraud within the city budget used to hide salary costs.

A city council member specifically targeting one businesses.

Massive Police Overtime abuse that went on for 6 years.

Evidence that the city is lying and violating the California Public Records Act.

And more, and more, and more, and more, and more, and more, and more and more.

In short, they’re mad that we’re doing what journalists are supposed to do daily. We’re using information to piece together stories in order to inform the public.

These latest threats are meant to serve as a chilling effect to silence people who would dare impugn the character of Fullerton with facts the city wants obscured. I’m hesitant to head to city hall or go to council meetings lately knowing that the city is targeting me personally for the use of free speech on this news site / blog. And that’s really the point of these types of threats – to silence dissenters.

How will we respond to this latest salvo by the city? I reckon we’ll confer with our legal counsel and act accordingly.

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

City Refuses to Learn from Mistakes

On Tuesday our City Manager, Ken Domer, wants Council to award Acting Chief Dunn with an Interim Chief gig. With this new gig comes a new contract as the new council decides who to put in the role “permanently”. Like all things in government there are already some serious questions in how this is playing out legally. Let’s see if you can spot an obvious problem in the contract.

Ok, I’ll give you a hint (emphasis added):

SECTION 12 – CONFIDENTIALITY AND NON-DISPARAGEMENT
Except as otherwise required by law, in the event the City terminates Employee with or without cause, City and Employee agree that no member of the City Council, the city management staff, nor Employee shall make any written, oral, or electronic statement to any member of the public, the press, or any City employee concerning Employee’s termination except in the form of a joint press release or statement, which is mutually agreeable to City and Employee. The joint press release or statement shall not contain any text or information that is disparaging to either City or Employee. Either City or Employee may verbally repeat the substance of the joint press release or statement in response to any inquiry.

 

What’s the problem, you ask?

Your right to know how the most senior members of Fullerton’s government behave is being voted away, again, by our City Council on Tuesday. Watch it pass 5-0. Bureaucracy Commandment #3: Protect thyself and thy brethren. I’m actually a little surprised this contract wasn’t buried in the Consent Calendar in the hopes nobody would even notice.

Take a look at Fullerton’s track record. Our previous city manager and 2 of our last 3 Police Chiefs resigned in disgrace — City Manager Felz hit a tree allegedly driving drunk, Chief Sellers went on medical leave in the midst of the Kelly Thomas scandal and most recently Chief Hendricks left after allegedly battering an EMT.

With contracts like this one, you have no right to know about any of it.  That of course means you have no right to pressure City Council to do anything about it, either.

See the sickness?

When Hendricks resigned the city lied by omission and gave you nothing but a puff piece about how awesome he was for Fullerton. When I called the City’s Public Information Officer I was told, laughably, that Hendrick’s alleged battery for which he went on admin leave was unrelated to his resignation.

This contract is written so poorly that Dunn could shoot somebody in the face and BY CONTRACT nobody from the council or city could tell the public, media or other city employees why he was fired.

More to come on this outstanding contract at a later date.  In the mean time, remember, your right to know stops where an employee’s paycheck begins.

Doug, Dunn & Domer: Protecting Pilfering Paulette?

Paulette Stolen Sign
Caught Red Handed

Fullerton can be a funny town with funny stories.

Consider if you will a version of Fullerton where Doug (Chaffee), (Acting Chief) Dunn & (City Manager) Domer have come to an agreement.

In exchange for not referring the Mayor’s wife to the District Attorney’s Office and not investigating the true extent of just how many signs Paulette stole, the Chaffees agreed to suspend Paulette’s campaign. They’ve agreed that she’ll stay out of the public eye through the election.

Doug will also skip the next Council meeting and the city will make no public statement on the matter until December. All parties agreed this was the best way to minimize impacting Doug’s campaign for Supervisor.

That wouldn’t be so hard to believe.  That level of corruption feels about right for these idiots in the town we call home.

Even we have a hard time with the next part.

Apparently, Doug, Dunn, and Domer agreed to send a city vehicle to collect Paulette’s various sign caches. The collection is substantial and the triple alliance can’t decide if they’ll move the signs to the city yard to be reclaimed by their owners or to destroy them.

Keeping a crime quiet is one thing. Using city resources to cover it up? Well. That’s quite another.

How does your version of Fullerton align with this potential reality?

In any case, this clearly needs to be taken up by someone well outside Doug’s reach. It’s clear that Doug has influence over Fullerton’s management, but he may also control the purse strings of county officials soon. That means we can’t trust that favors haven’t already been exchanged with the District Attorney and Sheriff offices.

Stealing signs may be Petty Theft, but using government resources to cover up a crime is not. We hate to make a federal case over something so insane, but if Doug, Dunn & Domer really are colluding to cover up Paulette’s crime to benefit Doug’s campaign, that’s serious business.

In any case, this much is clear: we’re owed an explanation. Has Paulette and Doug’s property been searched? What about their cars where videos show her putting the stolen property? Did Doug, Dunn & Domer meet? If so, when and where? How long did the meeting last?

So far, the city has said nothing. Not one word. Not one iota of acknowledgement. Nothing from PD. Nor the Mayor. Nor the Council. Not even the City Manager. Not a word has been uttered publicly from anybody.

Even for Fullerton, that’s odd.

The County has been equally as silent. Our DA is too busy campaigning to make sure this is handled in an expeditious and honest fashion.

We think that all this silence means that at least part of this leak. . . hypothetical . . . might be true. Here’s why:

In Fullerton we’re accustomed to our city hiding behind disclosure laws to “protect the city from liability” while managing to only protect bad apples from being thrown in the waste bin. We watched it after the Kelly Thomas murder and we watched it again with the Felz Sappy McTree coverup. We’ve seen it countless times before and since.

Our rotating crop of City Council members, City Managers and staff just default to incompetency, lies and dubious readings of the law out of habit. It’s the natural state at City Hall.

Keystone Cops

Usually POBAR (the Police Officer’s Bill of Rights) can be blamed for a lot of this when a cop is involved.

Sometimes we’re told nothing for no reason whatsoever (How did that Parks & Rec vehicle end up on it’s roof and who was to blame?).

But this time is different.

Just yesterday a City Council candidate, Paulette Marshall Chaffee, dropped out of the race for the District 5 seat on council because she got caught red handed being a thief.

Paulette Sign Thief
Oops, She Did it Again

Her pity-me-party dropout letter is nonsense and we all know she’d be at the candidate forum tonight were it not for the videos we posted here to FFFF.

This time, there’s no scapegoat. There’s no underling for the Chief of Police to blame, there’s no entry level parks employee to take the heat, and there’s no crazy homeless person to label as the problem.

This time, it’s the very rich Mayor’s wife. The Mayor who’s about to become a County Supervisor and control the very large budgets for some very powerful people.

Maybe we’ll get lucky and somebody at City Hall will do the right and honest thing and tell us what’s happened so far and what’s happening.

We’ll have our eyes on the city yard otherwise.

OC Judge – Stop Being Mean to Disgraced Officer Jay Cicinelli

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.