Death Visits White Plains New York In The Guise Of At Least Three White Plains, NY Cops

A couple of months ago a man, 68 years old with a bad heart was murdered by a cop who answered a medical alert call by LifeAid Alert to simply go by and check on him after his device had allegedly gone off as he slept and being asleep apparently didn't hear them trying to contact him through the base unit in his apartment. THIS HAD NOTHING TO DO WITH A CRIME, they were there for no other reason that to verify he was ok. For this reason only, White Plains cops showed up apparently by the dozens, in full body armor, prepared and eager to blow the door off it's hinges, then assault the subject of the medical alert with a tazer, a bean bag shot from a shotgun and finally killing him, not a criminal or possible criminal, a medical alert, another innocent victim of rampant murder by cop.
This is an evil that's existed as long as there's been police in one form or another, but it seems to have become more and more common in this day and age. It seems that police brutality and murder of innocent victims was more commonly directed at blacks and Hispanics in the past, but it's now something that can and does happen to anyone, no matter race, sex, whatever.
The murderer who fired the shots, has been identified by the White Plains pd, after months of outright refusal to release the name of their murderous cop who brutally shot Kenneth Chamberlain.  Surprise! It turns out he's the same officer involved in another police brutality case that a local Eyewitness News has been looking into where he brutally beat a man who was  restrained in handcuffs. White Plains Police finally admit that the murderer is Officer Anthony Carelli, a cop and bully, for 8-years, who shot and killed Kenneth Chamberlain. Who knows just how many cases of murder and torture, how many beatings and instances of brutality there really are? Is this cop on the take? Is he a wife beater? Who knows? Anything is possible, apparently he's capable of any crime.
Mr. Chamberlain was a former Marine, and a retired corrections officer, so this murderer, this murderous cop, did what calls for the Death Sentence in NY, he killed a cop, a co-worker, at least that's how I see it, probably he doesn't.  When this happened the pd called it a "good shoot" which isn't really surprising. Every pd calls every shooting no matter how egregious or obvious it's bad good, they're all good shootings. Even in the Kelly Thomas murder the Fullerton pd called it good, within guidelines.

Of course the murderous cop wasn't alone, there were other uniformed criminals, at least two. One who tazed Mr. Chamberlain, who they knew suffered from a bad heart, and another who shot him with a beanbag. These cops were also there allegedly because they wanted to find out if Mr. Chamberlain was ok. He had committed NO crime, he was in his own apartment, unarmed and just aroused out of sleep in the middle of the night by someone, he didn't know who was pounding, and pounding and pounding on his door. They claimed to be police, even assuming he believed that, they demanded that he open the door and let them in. He said no, that he was alright and he didn't want them to come in. Chamberlain told them through the door that he was alright, one of the cops was recorded responding, “I don’t give a f**k, n****r, open the door."  So they "took" the door off it's hinges, probably blowing the hinges with a shotgun or something similar. Mr. Chamberlain's son says audio and video which the District Attorney gave him access to, shows his father was in undershorts with his arms hanging at his sides hands empty, he had no weapon, when police broke into his apartment, brutalizing him with tazer and beanbag shot from a shotgun and murdering him.
Mr. Chamberlain somehow knew, how we don't know that he was going to die at Carelli's hands. He was recorded saying as these White Plains, NY "police officers" were breaking into his home, "My name is Kenneth Chamberlain.This is my sworn testimony. White Plains police are going to come in here and kill me." Somehow he knew, and he was right. 
Interestingly, I was watching an episode of Twilight Zone today about a kid with a radio on board an airliner, who finds he can hear what others think through the headphones connected to his radio. He discovers a man on board who has a bomb, planning to blow up the plane, because he lost his young daughter in a plane crash, and believes the only way to force safer planes is to blow up this one. The kid manages to put his headphones on the bomber and he hears what the others are thinking, the fears and regrets of the other passengers. Suddenly he realizes that he's destroying people not just an airliner. That his act goes beyond just him and his loss, it impacts other people and they're innumerable, not just the other passengers but their families, friends, and others unknown to them. 
The point being, that while you wouldn't necessarily expect a criminal about to kill to realize the concept that his act of murder or violence impacts many people beyond his victim. But you would expect a police officer to realize it and therefore to act in such a manner that he tries to never put himself or anyone else in that position. While it's true that a police officer may have to kill someone in the performance of his job, there are many, very many, who've never drawn their gun. This is true today as it was in the past. But it seems that recently there are more and more, every day that use any excuse to murder, then use the flimsy excuse of being in fear of their lives. In my opinion, if they're that afraid they shouldn't be cops. The truth is that they're looking for an excuse, any excuse, to shoot something or someone. They murder fearlessly not facing any consequence of their crime, for the simple reason that all cops, their departments, their unions, their cities, and even the district attorneys that should be punishing them become accomplices after the fact, finding any reason to call the crime as no crime at all. Which means that there are no good cops, police depts, court officers, etc., none at all. Either they're criminals, or accomplices to the crimes.
Finally, as a veteran of the Marine Corps, Mr. Chamberlain's murder should be noticed by the Corps. As a friend who brought this to my attention pointed out you'd think the Marines would object to one of their own being murdered, especially by a cop, who shot him unarmed and helpless in his own home. Then adding insult to injury by lying about it and trying to cover it up. I agree they should but won't, simply because the saying "once a Marine, always a Marine," is a saying from times far past. It may even be true that some of those White Plains cops, possibly even the two that assaulted him and the murderer, were Marines. If so, they made fun of another Marine, yelling insults through the door. Marines or not, all of these cops should be ashamed, and they should all be dismissed never to be police again. As to the three who assaulted and murdered Mr. Chamberlain, they should be sent to prison, if there were any justice in this world. But there is no justice where criminal cops are concerned, there is a double standard instead.   
 
Link to Video and Transcript of the Video
 
White Plains Cop Identified
 
DA Said To Be Weak On Charging Police With Criminal Actions
 
Still Another Article About The Murder

ABOLISH THE POLICE - An Article by Anthony Gregory about Police Abuse Around The USA

I was at the Friends of Fullerton website and found the follwing article in the comments section, I found it so informative and interesting that I'm passing it along to you.   Friends For Fullertons Future

11/16/11 I'm doing something I've never done since starting this blog, I'm adding to it after publishing a post. I just want to add that this is something  you should read. It's scary to see how rampant, how widespread police abuse, police criminality is. Beatings, murder, rape, and other criminal activity is becoming the norm, commonplace, all over this country, it's not just here, or there, or over there, it's everywhere. This is something you should read and remember. Next time it could be any one of us.


Abolish the Police



by Anthony Gregory

Recently by Anthony Gregory: Springtime for the Regime       Link to the Article

On May 13, 1985, in the twilight of the Cold War, residents of Philadelphia were ruthlessly bombed from the sky. The enemy government was conducting a political mission, but innocent inhabitants of that distinctly American city were caught up in the attack. After ten thousand rounds were fired at civilians over a period of two hours, a helicopter swooped in and dropped C-4 and Tovex explosives, destroying 65 houses. Five children were slaughtered in the strike.

The perpetrator was not the Soviet Union, or else the attack might have escalated into international conflict. It certainly would have made it into textbook timelines and become part of the nation’s consciousness. No, those responsible for this atrocity were members of the Philadelphia police department. The local cops sought to finish off their political enemies after years of animosity and tension. The proximate legal excuse for bombing their own city? The cops had gotten complaints about noise and the stench of compost.

Twenty-six years have passed since the bombing of the MOVE house and if there was any doubt before, it is now beyond question that the local police have become the occupying troops that Malcolm X described. They are the standing army the Founding Fathers warned against. In the United States, they are the most dangerous gang operating and they do so under the color of law.

Anyone who reads Will Grigg should be familiar with this reality. The man who once edited the magazine for the John Birch Society, an organization whose 60’s mantra was "support your local police," has since then focused largely on documenting the daily outrages conducted by these tax parasites. Reading his specific accounts of misconduct and brutality, one comes to the inescapable conclusion that police abuse is not a bug in the system; it is an intrinsic feature.

We can cite some of the most gruesome and high-profile outrages of recent years, such as the murder of Oscar Grant on New Years Day, 2009, a young man shot by a Bay Area cop in the back while lying face-down on the ground; or the brutal beating of Alexander Landau, a college student who dared to ask Denver cops for a warrant before they searched his trunk; or the plight of seven-year-old Aiyana Stanley Jones, who was murdered last May in Detroit as she lay on her family’s couch while the cops raided the home, tossed in a flash-grenade that set her on fire and then shot her in the head.

Any one of these incidents should set off as much anti-government anger as the Boston Massacre, but some will object that I am cherry picking. So let us limit ourselves to just the last couple months to illustrate the depth of the problem. Last month, police in Trenton shot and killed an unarmed man, saying he was reaching for his waistband. In Orlando, police tased a man to death for being disorderly in a movie theater. In Derby, Kansas, a police officer broke a teenager’s arm because he dared to talk back after getting in trouble for wearing sagging pants.

On May 5, police in Tuscon stormed into Jose Guerena’s home around 9 AM, and shot him 71 times. Yes, fearful for his family’s safety, he was holding an AR-15 in self-defense, but didn’t get a shot in, despite lies to the contrary – yet there was no evidence found of any wrongdoing or illegality on his part. In Alabama, a police officer beat an 84-year-old man for reporting a car accident and daring to put the offender under "citizens arrest" – a more civilized version of what police do routinely – and then the officer turned an ambulance away, insisting the elderly victim didn’t need medical help. Louisiana cops tased Kirkin Woolridge at a traffic stop on May 18, and he soon died of complications in jail.

Just in the last week, we have the DC cops who brutally beat up a defenseless man in a wheelchair. In Moore, Oklahoma, innocent residents are upset that police shot at their homes indiscriminately in attempting to chase down an "armed suicidal subject." In Fort Collins, Colorado, a police patrol car seriously injured a bicyclist, but unlike nearly any other collision between a bike and car, it is being blamed on the bicyclist.

These are just very recent examples that can be found from a minute of Googling. They are no doubt the tip of the iceberg. They do not begin to represent the millions of smaller injustices conducted by police daily, both under the cover of law and in naked violation of statutes and court decisions, or the thousands of daily injustices and acts of torture and sexual abuse in America’s prisons and jails, for which law enforcers are at least indirectly and very often directly responsible.

The chaotic violence of the modern police state is ubiquitous. Every day there are 100 SWAT raids in America. Remember in the old days when SWAT raids were reserved for stopping some terrorist intent on destroying half the city? Maybe that was just in the movies. There were 3,000 SWAT raids in 1981, the year I was born, which was bad enough. There will be 40,000 this year.

In modern America, even small towns have their own air forces. The TV news frets about al-Qaeda, but rarely exposes the threat of the thin blue line. About as many Americans have been killed by police since 9/11/01 as died on that day. Between 1980 and 2005, police killed 9,500 people in the U.S., approximately one per day and almost three-fourths as many people as have been sentenced and executed in the United States since colonial times. A study in Harris County, Texas, found that between 1999 and mid 2005, officers in the county shot 65 unarmed people, killing 17.

But don’t police put their lives on the line for us? Only 117 police were killed in the line of duty in 2009, which might seem like a lot, but being a police officer is not even one of the top ten dangerous jobs in America.

Surely, the people who are killed by the cops had it coming. Well, consider how many are killed when the police presumably do not intend to kill at all and so reach for their taser. Amnesty International found that "the number of people who died after being struck by Tasers in the USA reached 334 between 2001 and August 2008."

This all puts aside the unspeakable corruption that plagues virtually every police station in America. From an Orlando officer covering up evidence of vicious brutality against a 100-pound woman to the systematic corruption of a small-town department in Kansas to San Francisco undercover cops stealing drugs for themselves, even the reported cases of police misconduct – there were 2,500 such reports last year – are enough to show the whole system is rotten. A cursory look at the admitted child rapists and other such lowlifes who often "serve" as officers for years before being caught also puts the lie to the very idea that police are on average any more noble than the general population.

Limited-government libertarians often reserve at least three functions to the state – military, courts and police. But why police? We never tire of talking about America as it was before the government swallowed society whole. In particular, we reminisce about the principles of 1776. Yet, although there was plenty to object to in colonial law and law in the early republic, police as we now know them didn’t exist back then.

Philadelphia adopted a police force in 1845. New Orleans, Cincinnati, Chicago and Baltimore followed suit in the next decade. From the beginning these were politicized bodies, involved in corrupt local politics and enforcing questionable laws. They were not immaculately conceived any more than the state itself. But it was not until the Progressive Era that the modern police force was truly born. At the turn of the century, cities adopted fingerprinting and forensics labs. Soon came radios and patrol cars. Berkeley, California, home to many great strides in progressive social engineering, was also a pioneer in creating modern police. August Vollmer, Berkeley’s chief of police, trained a new generation of cops through the University of California. His protégé O M. Wilson went on to revolutionize the forces of Wichita and Chicago.

By the 1960s, police were more often in cars than walking the streets. This made a big difference. Lawrence M. Freedman writes in Crime and Punishment in American History:

A cop on foot was a familiar cop, a neighborhood cop; he knew his beat, and the beat knew him. He was also pretty much on his own. Headquarters was far away; he was beyond its beck and call. But now a ton of steel separated the motorized officer from the community; police cruising in patrol cars were strangers to the dark, dangerous streets; these police tended to feel alien, beleaguered; the locals, for their part, thought of them as an outside, occupying force.

This alienation from the community tends to galvanize the police into a tight-knit gang complete with its own identity: "The police are a tight, beleaguered group. They develop their own subculture, and it is a subculture of tough, macho conservatism. . . . They see human beings at their worst, and that certainly colors their philosophy of life."

Furthermore, cops have come to "believe in fighting fire with fire. Police brutality was part of a more general system of police power. It rested on a simple credo: the battalions of law and order had the right, if not the duty, to be tough as nails with criminals. Force was the only language the criminal understood."

Force might be necessary to deal with violent thugs, but allowing the greatest predator of all – the state – to monopolize the sector of the economy concerned with using force against criminals is a recipe for oppression and injustice. The entire history of government police demonstrates they cannot be trusted. They are the henchmen of all the totalitarian regimes we see on the History Channel. In the United States, they were always a menace, at least to some. They tended early on to focus their brutality against the other – immigrants, gangsters, ethnic minorities, transients and the counterculture. Today they still bias their violence against the fringes of society, the young and the powerless, but they are now so vast a presence that no one is safe, no matter how respectable, no matter his demographic.

The 20th century brought us all the horrors of progressivism, and one conspicuous example has been the militarized city police force, which has become an organization hostile to all manner of civilized decency. The last century, particularly since the 1960s, also meant an increasing nationalization of police, arming them with military weapons, plugging them into national databases, harmonizing oppression throughout the country so there is no escape, charging cops with new national crusades against drugs and other non-crimes. Then there is the revolving door between the military and police precincts, with veterans, often traumatized from battle, increasingly enlisting back home as cops. The institutional and cultural nationalization has made matters worse, although local police, as agents of the state, have been very eager partners in the federalization of law enforcement. They have never been the great defenders against national usurpation conservatives long hoped for; but today they are all-out quislings.

Needless to say, all anarchists should support outright and immediate abolition of the police. We’re talking about the enforcement arm of the state, after all. If you oppose the state monopoly, you must favor eliminating the state’s method of maintaining its monopoly – through the police. And indeed, if you distrust socialism, you should distrust law-enforcement socialism as much as anything, for this is the original sin that allows all other state depredations to follow. Also, when the state misallocates resources, it is not nearly so evil in itself as when it inevitably misallocates violence on a massive scale.

For much of U.S. history, Americans had less government and fewer police. Government will necessarily be weaker, all else being equal, the fewer enforcement agents it boasts. Without any armed enforcers, the state withers away. The fewer armed state agents the better. The growth of modern leviathan in the 20th century accompanied the rise of the city police force. Big government and cops go hand in hand.

If your goal is to end the welfare state, the regulatory state, the wars, or anything else seriously bad about government, abolishing the police would seem to be a major priority. Do you oppose taxation? Abolish the police, as well as all other agencies of government law enforcement, and see how threatening those 1040s and state tax forms seem then.

Some will argue that the police protect our rights. But if the market is really better than socialism, abolishing the police outright shouldn’t be a problem. Why trust the state to continue cornering the market on rights protection? If protecting life, liberty and property is important – and it most certainly is – we cannot to let the central planners and their armed enforcers run the show. Fire them immediately. The market will find a better way to protect us within 24 hours, if it takes nearly that long. If we all take up the abolitionist cause, certainly by the time police are abolished, civil society will find a way to fill the void.

And of course, the very premise that we must maintain state police for the sake of our rights assumes that they protect our rights more than they infringe them. This is completely dubious. Surely we have no "constitutional right" to police protection, as the Seventh Circuit Court determined in Bowers v. Devito (1982). When there’s a riot or huge unleashing of social unrest, police often bail out, leaving shop owners and other people to fend for themselves, who do a better job anyway, as during the 1992 LA riots. What’s more, the police often exacerbate the catastrophe by disarming homeowners and shooting at people committing petty offenses, like they did after Katrina. Furthermore, studies seem to indicate that police strikes don’t lead to any demonstrated rise in crime.

We can probably assume that abolishing the police would not lead to the apocalypse people fear, not even in the short run as the market sorts things out. Why?

First of all actual crimes are almost never prevented by the police. The vast majority go unsolved. At best, the police investigate them after they occur, and then usually do nothing. Sometimes they make an arrest, which might, at a huge expense to taxpayers, result in someone in jail – and maybe even the right person. Even in this minority of cases, the idea that jail is a remedy to the rights violation, or prevents more rights violations from occurring, is an unchecked premise. Even putting violent predators in prison where they can brutalize less violent people may not actually reduce the amount of aggression, if we count the victims in the cages, as we should. Meanwhile, even the government’s pursuit of actual criminals entails numerous rights violations in itself – investigations of the innocent, enslaving jurors and witnesses, turning lives upside down. Victims are never made whole. And for this we have to run the risk of being shot or wrongly arrested by the state.

Second of all, the police actively encourage violent crime in myriad ways. They enforce the drug war, which probably doubles the number of homicides and vastly increases street crime, along with some help from gun control, which they also enforce. Gun control, by the way, demonstrates that people do fear the police more than criminals – otherwise no one would follow these gun laws. Instead, law-abiding folks know the risk of being caged for this non-crime is more significant than the risk of being caught unarmed by a private thug. So does gun control operate in preserving the advantage for private criminals. Abolishing the police outright, even if it put upward pressure on crime rates, would probably overall lead to fewer crimes because of the elimination of the criminality incited and encouraged by state activity.

Third and most important, the police themselves routinely violate the rights of innocent people as a major component of their job description. The greater their numbers, financing and power, the worse it gets. It is the job of police to harass the innocent, to jail people for victimless crimes, to stop people for minor traffic violations, to trick people into admitting law breaking, to fulfill quotas for arrests, and to generally instill in the community a fear and awe of the state. It is almost impossible to be a police officer on the beat and not violate the non-aggression principle on a regular basis. As a material fact, most police conducting arrests on the street are committing acts of kidnapping, theft, trespass, and invasion. Those who arrest people who end up in prison are effectively accessories to rape and assault.

Even if having police is a desirable thing, we cannot do so safely until the bad laws are off the books, and then it would be best to fire all police and start over. If having had a severe criminal record tends to disqualify people from the job, so too must having been a reputable police officer. If I am too harsh in this regard, it is just one more reason to abolish the government’s police and allow for the market to take over. Allow entrepreneurs to decide which former government police are redeemable and employable as private security and which are not.

What to do about violent thugs? The market, social norms, private security, the wonders and corollary institutions of private property, gated communities, private gun ownership, religious values – all the blessings of civil society are on our side. But the police rarely are. When a violent criminal kills or assaults or rapes or steals, we all condemn it, and we can find a way to deal with it when the criminals are not protected by the system. But what about when the criminals are the system?

Private security is already a greater bulwark against violent and property crime than many people realize. As of 1997, according to the Economist (as cited by Robert Higgs):

There are three times as many private policemen as public ones.... Americans also spend a lot more on private security (about $90 billion a year) than they do, through tax dollars, on the public police ($40 billion). Even the government itself spends more hiring private guards than it does paying for police forces.

For a decade and a half, we have had three times as many private guards as public ones, yet it is an oddity indeed to hear about their abuses, unlike those of the police that make the papers every day – and that’s just counting reported offenses. It should be no wonder. As market actors, private security guards are generally heroic defenders of property, commerce and life, and are liable for the wrong they do, unlike the state’s armed agents, who work for an institution of monopoly, theft, kidnapping, rape rooms and murder.

Can we really survive without government police? When we consider how much they do to disrupt civil society, it would seem obvious that we can. The police, on balance, are a force for decivilization and disorder. They commit massive violations of person and property. They enforce gun and drug laws that basically create organized crime and breed gang activity. Most of what they do encourages, rather than diminishes, violence. Despite all this, America remains a fairly civilized place. If we survived this long with the police, just imagine how much better off we’d be without them.

May 26, 2011
Anthony Gregory [send him mail] is a research analyst at the Independent Institute. He lives in Oakland, California. See his webpage for more articles and personal information.
Copyright © 2011 by LewRockwell.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given

Death Continues Its Visit To Fullerton: Things Just Happen and The Bill Of Indictment

I found the following posts on the Friends For Fullerton's Future Blog which I highly recommend.  
 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:

Mr. Cicincelli

Things Just Happen, A Window Into The Cicinelli Defense Strategy
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.

Sincerely,

John
Jay’s Brother




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.

THE MURDER

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.

TIME LINE

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.

THE CHARGES

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

http://juvienation.wordpress.com/2008/01/30/charges-dismissed-in-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

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.

Death Visits Fullerton California In The Guise Of Six Fullerton Police Officers Continued

Today there was the start of a new stage in the story. The District Attorney Tony Rackaucaus, who many accused of dragging his feet, and trying to whitewash this murder of a homeless person held a press conference. He talked about the investigation, the crime and criminals, and the charges. He described what the evidence shows, and what the still unreleased video from the bus depot showed. It per his description, is if anything worse than anybody imagined, frankly I'm not really sure I want to see it, and watch a man be murdered by police officers who knew him, and didn't even consider him a threat, to the point that apparently they didn't even pat him down for possible weapons.
The DA announced that only two of the cops are being charged. One with felony second degree murder and felony involuntary manslaughter. This is officer Manuel Ramos, who is facing 15 yrs to life. The other is being charged with felony involuntary manslaughter and felony use of excess force. His name is corporal Jay Cincinelli who's facing 4 yrs. 

Cincinelli and Ramos booking photos

Allegedly, due to a lack of evidence, criminal charges weren't filed against the remaining four officers who were at the murder site, these include Officer Joseph Wolfe, Officer Kenton Hampton, Sergeant Kevin Craig, and Corporal James Blatney. A lot of people are asking why. The reason given, is that while they were there, and apparently did participate, they were not aware of the illegal basis. Frankly I call that bullshit. If a gang without badges had committed this crime, and crime it is, it wouldn't matter if they were aware or not.
This is another instance of the double standard between regular people and cops. The truth is without the video or with it, if left to their own devices none of these 6 cops would be arrested and prosecuted, it would be as it was before all the uproar, Kelly Thomas would be dead, and all 6 cops would still be working every day, just as they were for what, 4 weeks after the murder.  If they were just regular people, they'd all have been arrested and tried. For felony murder, under the California Felony Murder Rule, if you commit certain felonies and someone dies even accedentally murder attaches, for instance if the felony were mayhem or torture, which

Let's look it up,
California's felony-murder rule creates murder liability for individuals who kill another human being during the commission of a dangerous felony. California courts have long relied on this rule, holding that someone who engages in reckless behavior shouldn't be excused from killing someone just because it wasn't part of their original plan.

The rule has two stated purposes. First is to deter people from killing others during the commission of another felony. Second is to deter the commission of the underlying felony itself.4 It doesn't matter whether the killings were intentional, accidental, or negligent…if someone was killed during the commission of a felony, the felony-murder rule attaches

would certainly be apt, intent and/or awareness, is not required to make a case for felony murder, either murder 1 or 2.
How many times have people who've been say sitting in a car, when a crime went down and they were prosecuted as accomplices or accessories? In the opinions of most, these other 4 were at least accomplices, or possibly accessories before and after the fact, and should be prosecuted as such, at the very least.  The same thing applies to the dispatchers on duty, the superior officers such as the watch commander, and those that kept having the 6 re-write their reports, while watching the bus depot video, until they were just right. They are accessories after the fact at least. In the case of the dispatchers and watch commander, they're also accomplices before the fact, as they watched the video, one dispatcher actually zoomed in on the murder, and did nothing to stop it or save Mr. Thomas' life. Not to mention every other cop, keeping their mouthes shut behind the blue wall of silence, and protecting their "brothers."  What is an accomplice/accessory anyway? The definition of accessory and accomplice is:

Accessory: In most U.S. jurisdictions today, however, an accessory can be convicted even if the principal actor is not arrested or is acquitted. The prosecution must establish that the accessory in some way instigated, furthered, or concealed the crime. Typically, punishment for a convicted accessory is not as severe as that for the perpetrator.

An accessory must knowingly promote or contribute to the crime. In other words, she or he must aid or encourage the offense deliberately, not accidentally. The accessory may withdraw from the crime by denouncing the plans, refusing to assist with the crime, contacting the police, or trying to stop the crime from occurring.
An accessory before the fact is someone behind the scenes who orders a crime or helps another person commit it. Many jurisdictions now refer to accessories before the fact as parties to the crime or even accomplices. This substitution of terms can be confusing because accessories are fundamentally different from accomplices. Strictly speaking, whereas an Accomplice may be present at the crime scene, an accessory may not. Also, an accomplice generally is considered to be as guilty of the crime as the perpetrator, whereas an accessory has traditionally received a lighter punishment.
An accessory after the fact is someone who knows that a crime has occurred but nonetheless helps to conceal it. Today, this action is often termed obstructing justice or harboring a fugitive.

Accomplice: One who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime. One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an Accessory. One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, Acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he or she gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.

An accomplice may assist or encourage the principal offender with the intent to have the crime committed, the same as the chief actor. An accomplice may or may not be present when the crime is actually committed. However, without sharing the criminal intent, one who is merely present when a crime occurs and stands by silently is not an accomplice, no matter how reprehensible his or her inaction.
Some crimes are so defined that certain persons cannot be charged as accomplices even when their conduct significantly aids the chief offender. For example, a businessperson who yields to the Extortion demands of a racketeer or a parent who pays ransom to a kidnapper may be unwise, but neither is a principal in the commission of the crimes. Even a victim may unwittingly create a perfect opportunity for the commission of a crime but cannot be considered an accomplice because he or she lacks a criminal intent.
An accomplice may supply money, guns, or supplies. In one case, an accomplice provided his own blood to be poured on selective service files. The driver of the getaway car, a lookout, or a person who entices the victim or distracts possible witnesses is an accomplice.
An accomplice can be convicted even if the person that he or she aids or encourages is not. He or she is usually subject to the same degree of punishment as the principal offender.

As you can see many of the persons discussed above were accessories and/or accomplices. The most reasonable thought for why they're not being charged is that the DA doesn't think he can get convictions, thereby messing up his conviction rate. It's also been said all along that he's never prosecuted any cop for murder, that he protects the police. In my opinion, while I don't completely agree, he's taken a step in the right direction. He's going against the police and police unions, at least three of the city council members ogf Fullerton, and who knows who else, and is trying to do the right thing. He's gambling his political future, yes surprise, he is a politician, to try and do the right thing.  I listened to his press conference, and from what I heard, not only what he said, but how he said it, his voice almost breaking, quivering in some places, I honestly think he is as disturbed, perhaps horrified, by what was done to Mr. Thomas, as all of us who became aware of and followed or participated in the protests, the city council meetings, the recall, and everything else. I'm starting to hope and believe that he is less interested in the whitewash and more interested in prosecuting the offenders, even though they happen to be cops, than thinking he's prosecuting for the least crime posible with the easiest sentence to please his political backers, inother words throwing as few as possible and the least important under the bus. No matter how you look at it, it's not going to be easy getting a conviction in Orange County, CA, where many people probably think Kelly Thomas got what he deserved, irrational as that may be.
Here's a post by Attorney Mark Cabaniss written before the charges being filed today. He's provided us with more expert analysis on the potential prosecution of the Fullerton police officers responsible for Kelly Thomas’ death:

It is getting close to decision time for the DA in the Kelly Thomas case. While the investigation is still not completed and must be before any charges are brought, if any are brought, some of us are nervous, and increasingly disturbed at the way things are going, or not going, and at the unseemly deference given to the six police.
Unfortunately, in public pronouncements about the case, the Orange County DA’s office has sometimes given the impression that they are on the side of the police, even though the police are the criminal suspects. This is unusual. Usually the DA is on the side of the people, and against the alleged criminals. Usual prosecutorial practice is to charge as many people as possible, with the most serious charges possible, in order to create the most leverage for the DA to get people to plead guilty and settle the case without a trial. For example, in a case with multiple defendants, the DA might make a deal for one or more defendants to agree to testify against the other defendant(s) in exchange for reduced charges, or even outright immunity. And in every case the DA charges the most serious charges warranted by the facts, so that he can get the defendant to plead guilty to a less serious charge, in exchange for getting rid of the more serious charge. But in this case, the Kelly Thomas case, the DA has set a pattern of preemptive surrender, conceding points to the (possible) criminal defense even before any charges are filed, indeed, even before the investigation is complete.
For example, the Orange County DA said, HERE, that he had seen the unreleased surveillance tape, and had seen no evidence of intent to kill. Legally speaking, this is an inane non sequitur, equivalent to saying that he had seen the tape, and seen no evidence that anyone was left-handed, or 5 foot six—it simply has no legal significance to the case whatsoever. If the police are charged–and we have to wait to see what the investigation reveals about any criminal culpability–they might be charged with felony murder, under which a death is murder, even if unintentional, if it somehow is caused by the commission of any of several dangerous felonies. For example, kidnappers might accidentally leave their hostage locked up too long in an airtight room, where he suffocates. That would be felony murder, even if the kidnappers were racing home out of concern for their hostage’s air supply, and were delayed too long by a flat tire. The bottom line is simple, and for the defendant, brutal: In felony murder, intent is irrelevant. So why is the DA talking about some legally meaningless point? A cynic might say that it looks like an attempt to mislead the public, telling them that there is no evidence of intent to kill, so that the public won’t question a decision not to prosecute the police for murder. But the police can absolutely be prosecuted for murder even if Kelly Thomas’ death was unintentional, as long as they can be prosecuted for an underlying dangerous felony, such as mayhem or torture. I for one am betting that the DA knows this, since his office prosecutes felony murder cases all the time. In fact, there is a case of the Orange County DA’s office prosecuting an unintentional felony murder in this past Friday’s Los Angeles Times.
If the DA were to decide on torture felony murder as the appropriate charge, he has at least one capable prosecutor to handle the case, the one that got a torture conviction for the Orange County DA’s office against an Austin Powers bit player (LA Times).
Certainly the conduct in the above torture case was horrific, but not, I think, more horrific than tasing a man over and over while he cried out for his Dad to save him.
Another non sequitur or red herring found in the story above is the phrase “excessive force,” as in “We will prosecute if the police used excessive force.” But the phrase “excessive force” is not found in the California Penal Code. It is a phrase used in civil lawsuits, civil rights lawsuits alleging police brutality, to get money out of the taxpayers to compensate the victims and survivors of police brutality for their suffering. In a criminal context, the only way that I can think of to use the phrase would be in an attempt to talk a murder charge down to an involuntary manslaughter charge. To illustrate: one definition of involuntary manslaughter is when a death unintentionally results from doing a lawful act in an unlawful manner. In this case, the defense lawyers could attempt to beat a murder charge by arguing that the defendants were, at most, guilty of involuntary manslaughter. The argument would go like this: The police were doing a lawful act, making a lawful arrest, but may have done so in an unlawful manner, by using excessive force, unintentionally killing the defendant. If the jury goes for it, the defense would have reduced a murder charge down to a much less serious involuntary manslaughter charge. But that is an argument for the defense to make, not the DA. Simply put, the use of the phrase “excessive force” might be seen as an attempt to hide the truth rather than illuminate it, in that it is a subtle way to introduce the idea that an involuntary manslaughter charge is somehow appropriate to a case that is still under investigation, and which looks, at least at this juncture, to possibly warrant a charge of felony murder. Presumably the DA knows that the phrase “excessive force” isn’t in the Penal Code. So why is he using it?
Moreover, an involuntary manslaughter charge in this case would rest on what may turn out to be a very flimsy premise, namely, that the police were doing something lawful (“making an arrest”) in the first place. Normally, the prosecutor would scoff at such a self-serving statement as a misstatement of the facts, and say that beating an unconscious man to death is not “making a lawful arrest.” Normally the argument that a murder was actually only an involuntary manslaughter would be the defense lawyer’s argument to make, since it is customary practice in criminal trials for the defense lawyer to defend the accused, not the prosecutor.
Second: the DA’s office put out a statement, found HERE, saying that if the police are prosecuted, they will be prosecuted for second degree murder. What happened to the idea that we had to wait until the investigation was complete before jumping to conclusions regarding the culpability of the cops? Why second degree murder? Shouldn’t the DA prosecute a first-degree murder case, if that is where the investigation leads? There are felony murder cases that can be brought for both first degree murder and second degree murder. There is even at least one first degree felony murder charge, which might be applicable to this case, with mayhem as the predicate felony, under which the DA can seek the death penalty, and probably already has, in cases in which the suspects were ordinary criminals, instead of alleged police criminals. The DA’s office, in this statement, for some reason, indicated a desire to give the six suspects a huge break, possibly even sparing them from the death penalty, before the case is even investigated, even charged, or even plea bargained. That is not how things normally work.
To be fair, the DA himself also said, HERE, that everything was on the table, including, presumably, first degree murder prosecution. Still, it does make one wonder what kind of internal discussions they are having in the DA’s office.
The third concerning statement, to come out of the DA’s office regarding the Kelly Thomas case is found HERE, and was in reference to the various threats that have been made against the police, which threats were used as justification for not releasing the names of the six police officers to the public. One of the “threats” enumerated by the DA’s office was the following statement: “Kelly Thomas was murdered by numerous officers and they should get the death penalty.” Strange, isn’t it, that the DA walks into court every single day and says “This murderer should get the death penalty,” and yet, for some reason sees that exact same statement as a “threat” in this case. It might be a threat if the statement had been “the police are murderers and WILL get the death penalty;” but the use of the conditional words “they should” by whoever made the statement indicates a belief in a qualifying condition precedent to the imposition of the death penalty, i.e., that the murdering police should get the death penalty IF they are found guilty of capital murder. If I say “State law provides that those who are found guilty of capital murder can get the death penalty,” while that certainly sounds threatening to those who have reason to fear state law, it is, nonetheless, a statement of fact. If a criminal defendant were to say to the judge, in court “Your Honor, the DA is threatening me. He is calling me a murderer and he is trying to get me the death penalty,” the judge would nod and explain that yes, the DA is doing his job. In sum, the law is a “threat” only to criminals.
The police department spokesman complained that the “threats” were anonymous, and thus difficult to track. But I am not anonymous, and I believe that the witness accounts of the beating death of Kelly Thomas that have appeared in the media, i.e., that six police beat a man into unconsciousness and continued beating him even after he stopped moving and lost consciousness, are, if found credible after the current investigation, strong evidence to support a charge of felony murder against all six officers involved. I also believe that if the investigation reveals that Kelly Thomas would have needed plastic surgery to repair his face had he lived, or that he had broken bones, or permanently and severely damaged organs, such as his eyes or ears, that a charge of felony murder with the crime of mayhem as the predicate felony would be legally warranted. I further believe that if the police were subject to a felony murder prosecution with mayhem as the predicate felony, then the prosecutor should seek the death penalty. Finally, I also believe that if the police were to receive death sentences after trial, then they ought to be executed, just like other killers.
In sum, the DA must soon decide whether to charge the Fullerton six, and if so, with what. I for one wish him well. In the first story linked above, the DA called the killing of Kelly Thomas “a tragedy.” It wasn’t. A fatal accident is a tragedy. A young man dying of cancer is a tragedy. A young man getting shot or stabbed or beaten to death is a crime.

                                                              The DA's Press Release



Now while it's not perfect, not all of the 6 are being prosecuted it's better than it was, 2 are, and the DA says they are the two most culpable. Most don't agree that the others did nothing wrong. They should have had a moral obligation to stop the murder. True as the DA said later there was a lot going on there, but any idiot could see there was something wrong when Cincinelli was beating Mr. Thomas eight times with the tazer, drop kneeing him in the face, tazing him up to six times, and Mr. Thomas was laying there unmoving. Most don't agree that the others did nothing wrong piling their weight, estimated to be 1200-1500 pounds fully armed, on top of Mr Thomas, creating his inability to breathe, ultimately causing his death. I'm hoping they all remember for the rest of their lives that they helped murder an innocent man, but have a horrible feeling that they don't think they did anything wrong. 

Death Visits Not Only Fullerton, Calif. - But The USA, And THe World, In The Guise OF Police Officers

On August 13, I talked about the beatindown murder of Kelly Thomas by 6 cops in Fullerton, Calif. It was a horrible example of the excess and abusive violence that resulted in the gang bang beatdown of an unarmed, undernourished, 135 lb homeless man by 6 overfed, overarmed, Fullerton cops.
Since, I've spent hours watching Youtube    Link to youtube    and unfortunately what happened in Fullerton isn't unusual at all.  Clink on the link and search police brutality to see for yourself.  I'll add some videos at the end if I can.
Watching all these videos has led me to believe that the biggest problems are that the cops take themselves too seriously, they have extreme impulse control and anger issues, no sense of respect for ordinary people, and no sense of humor. One of the videos I watched shows a mother being tazed with her kids in the car, because she got out of her van. Another because the man wouldn't sign the ticket for speeding because he didn't believe he was speeding and it gets worse from there. In one a cop pepper sprays himself and then punches a girl several times in revenge.
In my opinion police need to be disarmed, I know that's never going to happen, but pepper spray, tazers, batons of all kinds, mace, even guns need to be eliminated or at least restricted. If that's not going to be done then instead every officer from the chief or sheriff on down, nationwide, including all State and Federal agencies, needs to be completely retrained. There needs to be serious psych evaluations before and during the hiring process. Every cop needs to be required to see a psychiatrist for counseling at least once a week, and undergo anger therapy once a week. The should be drug tested for everything including steroids.
This problem extends from the most ignorant deputy or cop in the smallest village all the way to those in the FBI, Secret Service, or CIA/NSA, etc. every cop in every form. In all these and other organizations, and others, are cops that abuse and brutalize suspects and people in general. They beat people with fists, feet, batons, in Kelly Thomas' case the butt of a tazer, before one cop drop kneed him in the face or throat like a deranged wrestler. They taze and pepper spray anyone, many times for punishment. They shoot people innocent and guilty alike, they even kill dogs for no other reason than they can.
As if all of that isn't bad enough, they, not all cops, but a lot, enough, commit crimes against people and lie about it. They commit false arrest, they commit perjury, they've I'm sure sent thousands of people to prison unjustly. They commit the same crimes themselves that they arrest others for.
But, when caught, even with proof, many if not most times they go free. Other cops, ignore, or make excuses, or pretend it never happened, or say whatever it was was justified, or that the victim is really the guilty one, or a million other excuses. Bad enough they go free, many times they keep their jobs and go right on as the criminals they are. 
There are few ways to fix this problem, the police don't want it fixed. When one of them screws up and gets caught red handed, so to speak, they form the thin blue line, the blue wall of silence, call it justified and wait it out. If worse comes to worse, the DA and the cops superiors slap the wrist maybe and whitewash. Generally the cop never even stops work, even for a murder. If it's really bad, the cop may go to trial and a jury of idiots who really may believe every cop is a hero who's truely out to save humanity, lets the criminal cop off. Worse than that at worst ends up with the cop in protected custody in a minimum security prison. Instead of general population in a high security prison where they belong. While they're in prison the guards I'm sure treat them like visiting princes, instead of the embarrasement to law enforsement that they really are. The DA's are afraid to prosecute because they know that other cops, even the good ones, will stop helping them make their cases. What I think would go a long way to getting this under control, is a citizens review board with real teeth, the power to supoena, the power to suspend with out pay, the power to arrest, the power to investgate, the power to send the cop to analysis, etc. but even then it'll be hard to rid ourselves of dirty cops, there's another every day.

                                  The Kelly Thomas murder as taken by a bystander on his cellphone

Death Visits Fullerton California In The Guise Of Six Fullerton Police Officers

Kelly Thompson after the Fullerton Police were finished

Death came on July 5th to Fullerton Calif., to a 135 lb. schizophrenic homeless man. A man named Kenny Thomas. A homeless resident of Fullerton, off and on, for years. Death came embodied in the form of six murderous police officers, of course perhaps only 2 or 3 committed the actual murder, but six were there, and none prevented it,  all covered it up, participating in the cover up and white wash. Those who conducted the white wash are believed to be the 6 cops, of course, their superiors including the watch commander, the dispatchers, who viewed, or could have viewed, the video of the murder in real time, as it happened, every police officer who failed to break the thin blue line and come forward, all those in the locker room and heard one of the 6 murderers allegedly bragging and crowing about the severity of his beating to the homeless man, and let's not forget the Chief, when he got back from his two week vacation.  We can't forget the Mayor and city council, two of whom acted with some concern, two of whom, a former cop, and the former police chief, and of course the mayor who all acted with no concern, doing their best to join the white wash with the Orange County District Attorney, and make the whole thing disappear.
Unfortunately, unknown to the 6, or perhaps known, there was a video camera on a pole in the bus yard taking pictures of the whole beating. Nobody of importance has seen it yet. So far,the dispatcher, who zoomed in on the beating, the watch commander whose office had a monitor too, they both saw it as it happened, then of course the 6 murderers who watched it as they did their reports to make sure their lies were consistent and redid them then redid them and redid them again until their superiors were satisfied that their lies were perfect, I guess. I'm not sure who beyond that has seen the video, perhaps the chief, though he denied it, perhaps the city council, surely the DA's staff as they're investigating. Nobody important, not the family, not the people who pay the salaries and benefits of the people who did.
The story by an unnamed anonymous  witness inside the FPD, who appeared on a local radio show, the John and Ken show, confirmed that death embodied in the six cops returned to the station house and watched the video as the reports were written, over and over until their superiors were satisfied. He also confirmed that at least one of the 6 bragged loudly about the punishment he'd rained down on the victim.
Kelly's picture, showing a man beaten to a pulp, started a public outrage that has grown exponentially as time has gone on. Every weekend there's more and more people peacefully demonstrating in Fullerton, in front of the Police station and city hall. They're calling for the jailing and trial of the 6 murderers, the firing of the Chief, and the recall of the Mayor and two of the city council.
Well this so far is as far as the tale of Death's visit to Fullerton has gone. The six cops are waiting on paid vacation, of course if the public outrage that developed had never happened they'd still be out there looking for another victim, as it was it took something like 5 weeks for their superiors to take them off the streets.  I recently looked at http://www.youtube.com/ and searched police brutality, finding that it's a disease run rampant throughout this country and the world.  Death has taken over the bodies of police everywhere and is running amok killing uncontrolled.
Here are links....

Friends for Fullerton's Future Blog

Justice for Kelly Thomas

Pictures before and after of Kelly Thomas

A Recap in an article from the Orange County Register

Lee Murray