Friends For Fullerton's Future Blog
They are about the Kelly Thomas Murder. The first purports to be a letter to the acting Chief Hamilton from Mr. Cicinelli's brother. Whether or not it really is I don't know and make no representations one way or the other. It does however allude to having seen the mysterious video that remains unreleased to the public. Did Cincinelli and the others make copies to amuse their friends and family? Again, who knows. Basically "the brother" is saying that the whole murder wasn't murder or criminal at all, just an unfortunate accident that can happen to any cop, anywhere anytime. This in itself is possibly the scariest part. It possibly comes from the killers own family that there's nothing out of the ordinary in a cop killing a civilian. It may be a beating, a tazering, or a shooting, but it's not unusual, and this from the killers own brother, so he says. He also finds Mr. Ramos, the one indicted for 2nd degree murder, innocent of any wrongdoing. He implies that he's an attorney of some kind. I'd quote the asinine statements in the letter, but I'll let you read for yourself. Here it is:
Posted By The Fullerton Shadow
An “aggressive pedestrian?” What?!
Helpfully provided by some locker room lawyer calling himself “John, Jay’s Brother.”
Acting Chief Hamilton:
I am writing you today regarding the unfortunate but real-life issue, the Kelly Thomas incident, a regrettable part of police work as you well know. In most cases these things happen with no intent on the parts of the officers to cause any level of harm, let alone have a person die in their hands; things just happen. We’re not talking a Rodney King incident, or the shooting of an unarmed transient as in the Charles Hill case in San Francisco, but a wrestling match with a few blows thrown to subdue an aggressive pedestrian who was stopped for lawful reasons. In this case, it wasn’t the fighting that created the fatality, but positional asphyxia, something common to arrest incidents across the nation. You’ve seen the video, as have many leaders in your department, and you cannot argue that these officers went in and beat Thomas to death; your fellow leaders in the department have made their observations and opinions clear. The facts support all but the first two officers, with the only portion unknown and least defendable found within the first few minutes where they are behind the tree and invisible to the camera. From the point when Corporal Jay Cicinelli enters the scene, Thomas is pulled into full view of the camera and all are in view the remainder of the incident.
While the death of Thomas is regrettable, the actions of the police department and the city are much more reprehensible, starting with the inadequate chief who said nothing but drifted off into his protected stress leave, and a new city manager who sorely lacked the experience to capture and control this from the onset. Now, to have it left in the hands of the “unbiased” outside investigator has only exacerbated the problem as he bends to the political pressure brought on by the media and the accusing brothers whom themselves have suspect motives. You know well what I am talking about.
I am writing on behalf of Jay, though I’ve looked at Manual Ramos as well and find little fault in him concerning this death. Two officers do a pedestrian stop based on a call from a local pub. The stop is legal, as well as their motive to detain and arrest Thomas as a possible suspect for 459 PC, burglary. Thomas fails to comply, and the fight is on, with no less than two broadcasts placed for officers to respond code-3. With one officer out of shape, the fight is limited before Ramos spent his energy, and the second who remains on top of the subject is hurt. The third officer on scene knows nothing but that his partners are in a fight, need help, and experiences them exhausted, hot, sweaty, and breathless, in a struggle with a bare-chested suspect. He deploys the stun gun, dry first, and with the barbs second, but each having no effect. In-fact, the only result seems to come with an officer receiving the shocking transfer of the jolt through Thomas’ body, into that of Officer Hampton. What comes next is basic police work: A few knees by Officer Joseph Wolfe, as well as some punching to the face area. Jay struggles to maintain his stun gun as Kelly attempts to disarm him twice, followed by Jay swinging it around a few times, then a few (between 3 and 5) ineffective swings with the stun gun to hit Thomas and stop his actions. As you know, Jay and Manual are at the lower portion of Thomas’ body, not the chest area where the medical problem arose. After this, there is little that happens until they finally handcuff Thomas, and those who do, not Jay or Manual, leave him handcuffed and hogtied on his chest for several minutes. Do I have to point out to professionals that people die from this alone every year in the hands of police officers? So how then, do they so adamantly point the finger at Jay and Manual? I know why: political pressure.
I find it hard to believe that people, from “Chief” Sellers, to the city manager, to the politicians sitting on the city council, don’t have the wherewithal to stand up for the truth, and defend your officers who have sworn to keep and oath that threatens their lives every day. What I see is a series of cowardly decisions, made by people who are unwilling to do what is right, and defend these officers who were involved in a very unfortunate incident, and have been given up at Ron Thomas’ request, as “sacrificial lambs” if I remember the quote correctly. I believe strongly that everyone from the OC District Attorney to the politicians and their appointed investigator are getting this off their Teflon desks as fast as they can conceivably do, disregarding the low lying fruit within your department, because to them, this is a trivial matter and not worth the time to do the right thing. I believe that they are responding to the media when they assert that Jay has “mental issues” resulting from his LAPD shooting that caused the loss of his left eye. I understand that former Chief McKinley has already stated that in the media, that he wasn’t sure why Jay did these things, and that he was given the psychological evaluation before being hired, indicating that he buys into the mental status. From my records, my arbitral experience, and my legal experience with the EEOC, this would be called discrimination based on disabilities under ADA. Furthermore, the manner by which the city is treating these two officers is significantly different than their fellow officers who faced and currently face criminal charges, some of which are strong felonies, not wobblers. This is accurately described as disparate treatment, another cause of action that I strongly suggest be brought forward by these employees against not only the city, but those who are making the decision to suspend them without pay, thereby adversely impacting the lives of both officers and their families. And though they may deny these assertions, claiming some sort of sovereign immunity based upon their government status, the city, your agency and each person making such decisions are not immune from suits filed under the ADA, and are therefore subject to compensatory, special, future, and punitive damages. Finally, as it comes to the seven tests of just cause, the action taken to suspend these officers comes unfounded based on the lack of a full and complete, unbiased investigation, and the assertion of “rule violations” is most apparently contrived for the purposes of eliminating a political animal that rests heavily on the backs of every person listed above.
I pray that you will step in the gap for these officers, to make decisions that are not based on politics or public opinion, but on facts. And, if the facts are not there to support such negative actions, I strongly urge you to state this to those who are pushing you to make adverse decisions regarding these men and their families. There have been many men throughout history who have changed their course of direction for the right reasons, and have faced scrutiny for doing so. To change course in this case is the right decision, as you know deep down in your heart, and one that will come at a price. Is your future career at a heavily scrutinized department worth the futures of these officers and their families? Please understand that if the leaders above you, who push to get rid of these officers without proof, but based on the ugly pressures of public opinion, do not change their course of action against these officers, each action and decision will not go unanswered, and the legal and political issues they face now will only be exacerbated when these officers are cleared of their charges in court when their day comes.
The second, is a well written and thought out answer to the above letter also posted on Friends For Fullerton. The writer says it better that I ever could. So read it for yourself:
The Bill Of Indictment
Posted by The Fullerton Shadow in Behind Closed Doors, Dead heads, Dick Jones, Don Bankhead, Law 'N Disorder, Pat McPension, Repuglicanism, Setting The Bar Low, The Crime Beat, Union Goons, Watch Your Wallet on October 8th, 2011
This outstanding comment was posted by “Simmons” yesterday in response to the bizarre letter to the acting police chief from somebody purporting to be the brother of Jay Cicinelli.
I strongly recommend that somebody simply copy this comment and read it at the next City Council. All of it, but especially 11A-o. Watch the resistance wilt. Oh, yeah: quit screaming and hit them with the truth.
#11 by Simmons on October 8, 2011
Well, I hate to be the bearer of bad news, but these FPD officers will never be punished by the justice system.
The fix is in regarding the upcoming Fullerton Police murder trials for killing Kelly Thomas.
Unfortunately, the powers that be appear to have conspired with the POLICE UNION to protect these police officers and the police union.
Let us review the facts and I believe that you will tend to agree with me.
1. It appears the call from a local BAR owner was faked to give the FPD a reason to arrest Kelly. Thus, even the initial stated reason for approaching this “aggressive pedestrian”” is suspect. Side note: If so, the citizens of Fullerton should see to it that this BAR is closed – one way or another.
2. Six FPD officers took part in the murder; apparently two took a bigger part than the other four.
3. Ramos punched Kelly several times in the ribs, tackled Kelly and used his hands to hold Kelly’s NECK and used his body weight to hold Kelly down.
4. Wolfe, who was not charged, also punched Kelly 3 or 4 times, kneed him in the head, and used his body weight to hold Kelly down.
5. Cincinelli arrived and kneed Kelly twice in the head, used his Taser 4 times to shock Kelly, and used the front of the Taser like a club to hit Kelly in the FACE 8 times while Kelly was pinned to the ground and could not move or protect himself; Notably, Kelly did not respond to the clubbing by Cincinelli but that did not stop these animals.
6. A growing pool of blood did not stop the beating.
CAUSE OF DEATH
7. Yet, the official cause of death, according to the corner, is “mechanical compression of the thorax making it impossible to breath normally”; Really !!!! Interesting as will be discussed below.
8. In contrast, the UIC Documents stated that Kelly Thomas died of Blunt Force Trauma to the head (“brain death” due to “head trauma” due to “Assault”). MRI demonstrated diffused supratentorial gray matter infarction consistent with diffused anoxic brain injury.
9. Notably, diffused anoxic injury can be caused by either breathing problems (corner’s selection) or brain acceleration (UIC Documents – from Dr. who treated Kelly). (Note: diffused anoxic brain injury is usually by vehicular accident but can also be caused by head trauma from a beating). This is important as I believe the powers that been in this case have manipulated the selection of the “cause of death” for reasons described below.
THE POLICE REPORTS – Culture of Corruption
10. The Police were allowed watched a video of the incident to craft their reports; reports that had to be rewritten several times even after the video was used. This made sure the reports were consistent with each other.
11. There is apparently a culture of corruption at the FPD including police officers that have been described/be charged as pickpockets, thieves, sexual predators, kidnappers, thugs, and murderers . . . all hired by former Fullerton Police Chief and now city council member Pat McKinley.
A: Albert Rincon – allowed to serially sexually assault women in the back of his patrol car. Actions known to FPD management but nothing was done.
B: FPD police officer — sentenced to jail for fraud to support his pill habit.
C: FPD police officer — arrested in Miami airport for iPad theft.
D: FPD police officer — who smashed recording device on jail wall to avoid complicity in jail suicide.
E: FPD police officers — beating up and falsely arresting Veth Mam.
F: FPD police officers — lying on the witness stand about Veth Mam.
G: FPD police officer — beating up and falsely arresting Edward Quinonez.
H: FPD police officer — sexually assaulting a dozen women in the backseat of his patrol car, with recording device turned off.
I: FPD police officers — issuing traffic citations to harass protesters.
J: FPD police officers — ambushing and murdering a helpless homeless man.
K: FPD police officers — turning off recording devices during murder.
L: FPD police officers — colluding to falsify reports about said murder.
M: FPD superior officers — coaching said falsification and returning to street of said miscreants.
N: FPD police officer — spokeshole deliberately issuing lies to the media to misdirect, temporize, stall and otherwise obscure said murder and cover up.
O) FPD police officer — arrests Emmanuel Martinez by mistake (or on purpose) and he spends 5 months in jail. (why did the FPD and union thugs not help his aggressive pedestrian make bail?)
As for City Leaders – councilmembers insulting protesters as “lynch-type mob”; councilmembers discounting injuries of murder victim.
12. The FPD appears to be run by UNION THUGS, as seems apparent when several Kelly Thomas protestors (aggressive driver) were ticked (by a head union thug) for blowing their car horn in support of Kelly Thomas.
13. While the DA’s job is to protect the people (aka aggressive pedestrians when walking) by prosecuting criminals, in the Kelly Thomas case, the DA has been described as being on the side of the police, who are the criminals in this case, not the people. The DA has even been described as engaging in preemptive surrender before the investigation is complete.
14. Even with help from the video tape to “get their story straight”, the FPD story is a shifting story that appears to be morph as needed to fit the facts of the moment.
15. Kelly Thomas, an unarmed 150 lb aggressive pedestrian sitting on a bench, was beat to death by 6 FPD police officers on July 5, 2011; apparently with all their combined bulk, mussels and weapons, they just could not seem to get Kelly under control without beating him to death.
16. While the Orange Count DA started his investigation on July 7, 2011, no serious actions were noted until after a large protest outside the FPD on July 18, 2011 and after July 30, 2011 when the FBI started its investigation.
17. At some point between July 10, 2011 and July 30, 2011, Fullerton City tried to settle the case for $900,000, most likely financed by the UNIONS, to keep this incident under the rug, so to speak and probably to keep the FBI out of their files.
18. On August 2, 2011 the Fullerton City Council meeting was held that discussed the Kelly Thomas case. Just hours before this meeting, Five (5) of the six officers were FINALLY placed on paid leave (one officer was already on leave for a different reason) but only after the FPD and City Council realized that this case was not going away, Kelley’s father could not be bought off, and the FBI were going to investigate.
19. This timeline, coupled with the shifting story of the FPD, coupled with the documented culture of corruption of the FPD and the Fullerton City Council, the demonstrated policy of fraudulently creating police reports using videotape and rewriting to make such reports consistent, coupled with the attempt to bribe Kelly Thomas’s father to hide the Kelly Thomas case, I have little trouble concluding that the FPD, some Fullerton City Council members and the Police Union (aka “union thugs”) have NO HONOR and will do whatever it takes to see that these police officers are found innocent.
20. Ramos has been charged with one felony count of second degree murder, one felony count of involuntary manslaughter;
21. Jay Cicinelli one felony count of involuntary manslaughter and one felony count of the use of excessive force;
PARRALLELS to ISAIAH SIMMONS CASE
22. Isaiah Simmons, a 17-year-old convicted of armed robbery, died at the Baltimore-area Bowling Brook Preparatory School, a privately run residential program for juvenile offenders. Following an outburst that day, Simmons was set upon by a group of counselors, who, according to the Baltimore Sun, “pinned him face down to the ground, restraining him for about three hours.” After Simmons lost consciousness, the guards waited forty-one minutes before calling 911;
23. The school was shut down in March, the death was ruled a homicide; On January 29, 2008, Carroll Court Circuit Judge Michael Galloway dismissed the last of the charges of reckless endangerment that had been filed against the counselors in the Simmons case.
24. Bowling Brook administrator Brian Hayden said in a prepared statement, “With this dismissal, Judge Galloway affirms that these gentlemen had nothing but the utmost concern for the safety and welfare of Isaiah, and they reacted as quickly and effectively as possible in an effort to avoid this tragedy.”
24b. Simmons’s mother, Felicia Wilson, said she was “devastated and outraged” that charges against the counselors were dismissed. “I have no faith in the Carroll County justice system,” she said. “I’m not going to stop fighting for justice for my son.” Wilson has called for federal charges, and prosecutors plan to file an appeal.
25. Kelly Thomas supports and the citizens of Fullerton should get ready for their “outrage” when these cops are set free.
26. Side note: Don’t think that police officers are not aware of this phenomenon where suspects die when the suspect’s chests are compressed for long periods of time. Thus, if you want to kill a suspect in an apparently nonviolent way, a way that is difficult to prove was murder, simply apply sufficient pressure to the suspect’s back until he becomes comatose (as was done in the Kelley Thomas case if one believes the corner’s reported cause of death). When you hear the suspect cry out that he can breathe, you know you’re getting the pressure right, and simply hold it for sufficient amount time.
The trial will likely be a choreographed scam. I would not even be surprised if the DA and the defense team for the police officers (financed by the union thugs) get together and meticulously choreograph what case law will be presented, the best rebuttals to the case law, and the theatrics that will be used during the trial.
As I see it now, the State’s case depends on whether or not the DA can convince a jury that Ramos was committing a crime during the arrest. If so, the murder charge should stick as it does not matter if the death was an accident or completely the fault of Ramos as a death results from a criminal act committed by Ramos.
In contrast, if the jury does not believe that Ramos was committing a crime during the arrest, then the cause of death becomes critical.
This is where the coroner’s report becomes important as it differs in a material way from the UIC Documents. The coroner’s report puts the cause of death as: “mechanical compression of the thorax making it impossible to breathe normally”. The UIC Documents stated that Kelly Thomas died of Blunt Force Trauma to the head (“brain death” due to “head trauma” due to “Assault”). MRI demonstrated diffused supratentorial gray matter infarction consistent with diffused anoxic brain injury.
Diffused anoxic brain injury is consistent with the conclusions of both the coroner and the UIC documents. The difference: if the UIC documents are correct, then Ramos and Cicinelli are guilty of murder as they clearly caused all the head trauma (although Wolfe did to one knee to the head). If the corner is correct, pressure on Kelly’s back cause the death; a cause that cannot be attributed to Ramos alone beyond a reasonable doubt. The corner, DA, union thugs, Fullerton City Council and FPD really had to get together to figure this path out which is why it took so long for the coroner’s report to be made public.
In the end, the trial will be a choreographed circus and the cops will go free because the selected cause of death could not be attributed to Ramos and Cicinelli, there will be outrage among Kelly Thomas supporters, and the Union thugs will get richer off the tax pay money.
If there is to be justice in in Fullerton, it is going to have to come from the people.