Fullerton Police Chief Accused of Whistleblower Retaliation

In a recently discovered set of claims [Link HERE] it is being alleged amongst other things that the Fullerton Police Department, up to and including Police Chief Dunn, retaliated against a former officer for exposing wrongdoing and corruption.

The Officer is claiming targeted harassment.

Hamel - Victim Card Female Whistleblower

Is Fullerton now in the business of retaliating against women to hide corruption? Has our city stooped so low as to attack whistleblowers?

There’s a lot to unpack here but first…

I should probably mention that the officer in question is former Lieutenant Kathryn Hamel and that she’s claiming that Chief Dunn gave us, the Friends for Fullerton’s Future, info about Hamel in violation of several laws.

Hamel Lawsuit - FFFF and Dunn

Let that sink in.

Sgt. Kathryn Hamel

Did Chief Dunn give us the very information that the city is suing us for having posted? Inquiring minds want to know.

If nothing else, seeing Hamel claiming damages for a million+ samoleans does seem to explain why the city is trying to shift the blame onto us for their gross negligence. Not that that plan is even going to work.

Her claim states that even IF Chief Dunn didn’t expressly retaliate against Hamel, the city is still screwed for being negligent (which by their own accounts in their lawsuit against us – they were).

Hamel Lawsuit - Negligence

Officer Christopher Wren, the dude who was seemingly banging his subordinate in a PD bathroom, is likewise claiming damages from the City of Fullerton over FFFF reporting because it’s his right to use his department issued phone to send nude photos while on the job without you knowing about it.

These claims for damages, usually the precursor to lawsuits, are just more examples of completely avoidable stupidity chalked up to the incompetency of Jones & Mayer and City Staff. Not to worry though, Jones & Mayer has likely investigated Jones & Mayer and found they did nothing wrong and will rectify these problems by billing the city countless hours (at $200/hr) to cover up for their own ridiculously negligent behavior.

Fullerton Lies to the ACLU, LA Times and Others

The City recently sent out a file from the City Attorney, via Assistant City Clerk Klein, that lists officers who’s records are disclosable under the Records Law known as SB1421. This was sent to those who had requested these files such as myself, the ACLU, LA Times and others. The following is my response;


Dear SB1421 Requesters and interested parties,

It has come to my attention that the City of Fullerton has broken California’s Public Record’s Law, specifically related to SB1421, by denying you records which are quite clearly publicly disclosable.

In the link sent to you by Mea Klein, Assistant City Clerk, as provided to her by the City Attorney, you were told that there are 27 Officers “REQUESTED BY NAME, BUT NO DISCLOSABLE FILE AVAILABLE (27)”. This is patently false.

The City of Fullerton is currently suing me, my compatriot David and the blog Friends for Fullerton’s Future directly related to the published findings on several of these officers.

City of Fullerton Is Suing Me And This Blog

In looking at this list I can quite easily name Officers on that list who have disclosable records under SB1421 including but not limited to Kathryn Hamel, Paul Irish, Miguel “Sonny” Siliceo, Christopher Wren & Nathan Roesler.

A sustained finding was found against Hamel and one cannot simply unring that bell as seen in the recent Contra Costa County tentative decision (CASE NAME: RICHMOND POLICE VS. CITY OF RICHMOND).

This FFFF article related to Hamel is specifically mentioned in the lawsuit against myself and FFFF:

Fullerton Police Cut a Deal to Bypass the Law

Christopher Wren had a sustained finding against for dishonesty related to a workplace affair with a subordinate. In IA Case #17-0038 one of the sustained findings against Officer Wren is as follows:

“6. On December 17, 2017, when Lieutenant Cleggett asked you about your whereabouts, you dishonestly stated to Lieutenant Cleggett that you had been on the phone with your wife the entire time and did not notice Lieutenant Cleggett’s text message.”

This statement of dishonesty was directly related to misconduct as outlined in the timeline of Wren’s activities and being in violation of policy.

Likewise with Christopher Wren, an article is specifically listed in the lawsuit being waged against myself and FFFF:

What Happened to Officer Christopher Wren

The idea that the city attorney is unaware of the sustained findings against their officers which are disclosable under SB1421 is laughable when those very stories are being used by the same attorneys as evidence in a lawsuit where the city seeks a prior restraint against myself and FFFF.

The blog has likewise published stories on how Paul Irish was terminated for dishonesty;

Fullerton’s Veritable Serpico Problem

Miguel “Sonny” Siliceo admitted in his plea deal that he both used excessive force and falsified a police report.

Sonny’s Admission of Guilt

Nathan Roesler filed a false report with the City of Placentia which resulted in an innocent man being arrested for a crime that wasn’t committed against Roesler. This was referred to the District Attorney for prosecution.

Another Possible Cover-up by FPD

These are the cases which are readily and easily pointed out which I believe to be disclosable under SB1421 which calls all of the other officers on the list into question. The City is blatantly lying to you, your organizations and agencies as well as the public and concerned entities about disclosable records despite being in a separate lawsuit over these very violations of SB1421.

If you are honestly seeking these records and others from the City of Fullerton you will likely have no recourse but to seek remedies in order to get to the truth. I have already been forced to take this route unfortunately.

They are likewise violating the law in regards to the officer whose records are “PENDING; NOT YET PRODUCED (3)”. The incident in Corbett’s case was from 2016 and Paez’s was in 2017. The timeline has long passed for required production in both of these cases.

Thank you for your time and I wish you all the best in your efforts to get to the truth.

Sincerely,

Joshua Ferguson
Host, The Hourly Struggle
Writer, Friends for Fullerton’s Future
Concerned Citizen


For the record, City Manager Ken Domer is fine with these lies as he could put an end to them but works with the City Attorneys to keep them going. The same for Police Chief Dunn. He has no desire for you to know which of his officers are corrupt or he’d demand the city follow the law.

The City Council? 4 of the 5 of them have repeatedly voted to sue us without so much as questioning the liability the City Attorney themselves caused. Remember, when the City Council wants YOU to follow the law – they have no problem shielding police from it.

Despite all of their bluster over Black Lives Matter, Jesus Silva & Ahmad Zahra don’t care about police misconduct or oversight. Jan Flory & Jennifer Fitzgerald don’t care about integrity or accountability either. Remember, they all voted to sue US to keep the records of corrupt police from YOU. Hell, Sharon Quirk-Silva, Jesus Silva’s wife, voted AGAINST the very law in question here (SB1421) if you want perspective of how little these people’s rhetoric matters.

Bob Dunn – Killing of Kelly Thomas a “deep wound” – to the Fullerton Police Department

You have got to be kidding me.

Friday’s edition of the Orange County Register has a puff piece on how much progress Fullerton’s Police Department made in dealing with the homeless population. I can’t comment on the quality of the article, however, because I was unable to make it past this quote from Bob Dunn in the very first paragraph:

“Eight years have passed since the fatal beating of a homeless, schizophrenic Kelly Thomas by Fullerton police, but the tragedy remains a “deep wound” in the department’s psyche, says the city’s new police chief.”

Since our Police Chief is apparently unfamiliar with the meaning of the word “perspective”, allow me to provide some.

Kelly Thomas was a troubled individual, but he was a human being, and on July 5, 2011 he was essentially tortured to death in full view of hundreds of witnesses, all while apologizing and begging for his father. THAT is tragedy of Kelly Thomas, not the psychic boo boos the Police Department may have suffered.

Some things never change.

OC District Attorney Spitzer Goes Limp for Perv Cop

In case you haven’t heard by now, the Orange County District Attorney’s Office which is led by Todd Spitzer, filed a peeping charge against Fullerton Police Officer Jose Paez for filming up the skirt of a 16 year old student.

Let that sink in for a moment. A 16 year old, who Paez was on campus to protect, was his victim under color of authority.

According to the case information the violation date was 11/03/2017 and according to the FPD press release it was found by accident while investigating something else.

Paez Case Detail

Based on the Body Worn Camera audit conducted by FPD we know that Paez also attempted to film up a teacher’s skirt on 08/29/2017 which shows a pattern of behavior.

He also had underage sex videos and photos on a phone in his possession. Apparently chain of custody at FPD, regarding Child Pornography, is so lax that they don’t know who has it on what devices or where it’s stored.

To further complicate the issue, Paez was allowed to schedule deletion of his own Body Worn Camera videos.

Taking into account the potential charges such as peeping on teachers and underage students and possession of child pornography on his phone it seems unprofessional that Fullerton PD wouldn’t contract this case out to another department or agency. This ins’t a case of policy violations to be investigated by Internal Affairs but rather it is one of potential criminal conduct against children under color of authority. The community and students at FJUHSD deserved an objective outside source to look into these issues.

This is something they did not get because Fullerton put their perv officer first and the wall of silence stood still. Not a single officer came forward about Paez. Not a single council member. Not a single school board member. An officer was allowed to prey on our children in his capacity of School Resource Officer and the protected status of the police was more important than public notification.

Thanks to the DA only levying a single charge dating to almost two years ago this smells more like another case of FPD being caught with their pants down than actual due diligence. The priority doesn’t seem to be in protecting our city and our city’s children despite all of the attaboys Chief Dunn gave himself in his Press Release on the issue.

What stopped Paez from sharing nude photos of your daughters with his friends and co-workers? What’s to stop his replacement from doing the same?

Nothing and that’s how FPD likes it so shut up and go back to sleep. They’ll make this go away like so many other cases of criminality by their own in blue and then have the audacity to ask for a raise which council will give them.

This is the upside-down world we live in where justice consists of a press release followed by a likely plea deal where a pervert with a pattern of behavior of preying on women and children while under the color of authority will be allowed to walk with barely a slap on the wrist.

Spitzer is continuing the efforts of his predecessor who refused to file charges against Fullerton Officer Rincon despite groping women in his patrol car during traffic stops. A pattern that consisted of letting off Fullerton Officer Christopher Chiu who forced a naked women to stand for him so he could shine his light up her crotch and then ask for her number.

Sexual predation seems to be A-OK behind the Blue Wall of Silence supported by the brass at FPD, City Hall and the DA’s Office.

We all knew, based on the Jailhouse Snitch program, that there was seemingly nothing the Orange County District Attorney’s Office wouldn’t do to protect bad cops but now that includes downplaying sexual crimes against a School Resource Officer. All to protect a pervert in blue.

When did FPD send the case to the DA? How long did they sit on the Paez problem? Was he fired or was he allowed to quit? Chief Dunn won’t tell you. Did FPD or the DA even ask for potential victims to come forward or were they too worried about the bad press they’d get by possibly uncovering a #PaezMeToo problem they ignored for at least a year?

Meet DA Todd Spitzer, same as DA Tony Rackauckas – a hero for self-proclaimed heroes and nobody else.

Fullerton Cops Label Camera Data Wrong 60% of the Time

It was bad enough when we learned that Fullerton Officers had (have?) no oversight in how they themselves are allowed to categorize videos and schedule them for deletion. Do something wrong like the litany of SB1421 criminal cops? Just change the category to delete the videos and nobody is the wiser.

It was worse that we learned that in the context of Fullerton Officer Jose Paez perving on High School kids and teachers while on the job, including for allegedly shooting video up a 16 year old’s skirt for which he’s being prosecuted.

But it turns out that Fullerton cops label their video files wrong 60% of the time according to Chief Dunn himself:

BWC 60 Percent

“We also learned the way we label data, officers tag the video via an app on their phones, is incorrect 60% of the time.  This contributes to the storage overages and can cause evidence to be missed.”

So when officers aren’t just deleting the videos of their criminal activity, such as Paez did, they’re potentially missing evidence for cases by simply not doing their jobs correctly.

The guys and gals in blue whom we pay the vast majority of our budget to can’t manage to tag a video properly for evidence – when evidence is quite literally one of the most important aspects of their job.

Guess they need more training and raises to justify that training. Bring on Fitzgerald’s taxes to solve this pernicious police problem. Just kidding. We’re paying for software (CAD integration) because a machine is the only thing that can save us from officer incompetence. But we’ll still get hosed with the taxes to pay for their ever growing pensions just you wait.

Fullerton School Board Ignored Issue of Campus Police Pervert

Paez Barista

For those of you paying attention to the story of Perv Cop Paez, I’ll direct your attention to some correspondence with the Fullerton Joint Union High School Board of Trustees from back in December 2018 when rumors of this story first came to light.

This is an email a friend of ours sent to each member of the school board:

FUHSD re Paez

Hi,

I just heard a rumor that a school officer working with Fullerton police, officer Paez, had naked photos of at least one student on his phone. If the student is underage I understand a name not being released but how many victims are there and do I need to be worried about my children?

Should parents be concerned about their child being victimized?

Is this true and if so is the school district covering this up?

I would hope that you learned something about honesty after Lindgren molested students at Nicholas. Please let me know if these allegations have merit and that Fullerton isn’t in the habit of covering up sexual predators.

Thanks.

Concerned Parent

Only one member even bothered to respond and that was the following paltry message:

Thank you for the information, I will bring this up with our Superintendent tonight. 

Thanks,

Andy Montoya

So there you have it folks. A Fullerton Police Officer, in his capacity of School Resource Officer, was allowed to roam campus unchecked, film up the skirts of teachers and students, delete his own Body Camera videos with no oversight and allegedly store child pornography on his (department issued?) phone and you the public get to know nothing.

The Fullerton High School Board of Trustees won’t even bother to respond to you if you’re concerned about such things as predatory officers abusing their power to peep on your daughters.

To this day the school board has remained mum, the police chief put out a press release extolling his own virtues and you can bet our useless council will pat the department on the back for the bare minimum that was accomplished here.

How many students were victims of Fullerton PD while on campus? How many have a #PaezMeToo story to tell? Are your kids safe from predators while on campus? You don’t have a right to know according to the Fullerton Joint Union High School Board and Fullerton Police Department.

FUHSD School Board

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.