OC Judge – Stop Being Mean to Disgraced Officer Jay Cicinelli
Remember Jay Cicinelli? The one-eyed officer who was so disabled from LAPD that he took a disability pension but was so-not-disabled that he was able to be a working Fullerton Corporal? Ring any bells?
He’s the guy who in July 2011 used his taser on Kelly Thomas to “beat him probably twenty times in the face” because Thomas had the audacity to not just sit still while former officer Manual Ramos played games and threatened him. Don’t remember that part?
Cicinelli was fired from the Fullerton Police Department in July 2012 (and the decision was later upheld by the Council). As we told you a while back, Cicinelli is trying to get his job back and in a “we told you so” moment it looks like he may get his wish.
How? Well, a Judge here in OC thinks the Council was mean to poor old Jay when they fired him and upheld his firing because something something bias.
HERE is the report.
On 14 September 2018, Judge David Chaffee (no relation to Council member and Supervisor Candidate Doug) made a Judgement that Bruce Whitaker and Greg Sebourn should recuse themselves from Cicinelli’s due process violation hearing. His reasoning? Whitaker and Sebourn had the audacity to think we rabble had a right to know what had happened to Kelly Thomas and a right to the evidence.
Judge Chaffee seems to think that because POBAR (the Police Officer’s Bill of Rights) and other as-terrible laws preclude the public from getting basic information about officer actions and alleged crimes that our elected officials shouldn’t be allowed to talk about the things our officers do on duty and under the color of authority.
Judge Chaffee made the point, several times, that Bruce Whitaker spoke out as a council member on items that had not been agendized. Because apparently Judge Chaffee doesn’t understand the Brown Act and that it would have been illegal for Whitaker to speak on those items in the public square had they been agendized.
What all of this leads up to is that this judge wants our current council to re-hear Cicinelli’s bias complaint and he goes so far as to say that not only should Whitaker and Sebourn recuse themselves, he actually recommends that the council wait until AFTER the next council is seated after the November election. He wants a 2019 Council to hear a case from 2011, because of alleged bias.
This is utter nonsense. The council now is Whitaker, Sebourn, Chaffee, Fitzgerald and Silva. Silva, mind you, who is the husband of Sharon Quick-Silva who was on council during the Kelly Thomas incident.
In November Silva is competing with Sebourn for District 3’s seat and Chaffee is running for Supervisor and will be off of council. Chaffee’s wife is the most well financed candidate in District 5. Thus the “very likely probability” is that Sebourn will beat Silva and Silva will stay on council until 2020 when his term expires. So one seat will change which could just end up swapping one Chaffee for another. This is hardly a reason to delay an action in front of our council – especially regarding something so important.
Here is the general premise of Cinicelli’s complaint and Judge Chaffee’s beef with the council and how it handled the case:
The argument against Sebourn and his alleged bias is just laughable. From the judgement:
Golly gee. Sebourn wanted a jury trial and for people to be able to know what happens and for people to not be forced to make decisions in a vacuum. The horrors. If this was the sole thing I knew about Greg Sebourn he’d get my vote every election. That the court thinks this is a problem would be hilarious if it wasn’t so tragic.
The worst thing you can impugn Whitaker for after reading this judgement is his being too willing to talk to the public and help us know what was happening, which is something to be celebrated. He worried about a cover-up and the argument against that is that it’s legal for officers to cover-up things per POBAR. Don’t believe me? Then why are officers allowed to view evidence up to and including videos of their own actions before writing their statements? You, as a citizen, are not allowed such a privilege as that would taint your memory and allow you to change your story to coincide with the evidence. The officers who beat Thomas did in fact write their reports while watching the video and all subsequent testimony is tainted by that fact despite complaints to the contrary.
I submit as evidence a quote from the Gennaco special investigation report regarding this fact:
So Whitaker asked questions the people of Fullerton, arguably the world, wanted answered and he’s being painted as a biased figure against this poor officer who wasn’t physically qualified for the job he had, while double dipping a pension, and who showed no remorse for his actions.
I guess Judge Chaffee missed the video evidence from that night. So HERE IT IS.
If that’s too much maybe this will suffice:
Is that inhumane and brutal?
What about in the context of having done nothing wrong beyond being an annoyance to a Slidebar Rock ‘N Roll Cafe employee (with a direct line to Police Dispatch)?
How about Judge Chaffee walk a mile in Kelly Thomas’ shoes instead of demanding that our City Council walks a mile in Cicinelli’s? After all, asking our council to walk a mile in Cicinelli’s shoes is asking them to walk a mile in the shoes of a sociopath (also from the Gennaco report):
This is why we need police reform. This is why we need oversight. If you didn’t think the deck was stacked against you just keep in mind that a judge just ruled that Jay “Savage Person” Cicinelli was unfairly fired because a councilperson dared to ask questions and demand answers of our corrupt police force.
Unfair? Don’t forget that one of our officers WAS JUST INDICTED for a cover-up with the Joe Felz incident. This is the legacy of former Untouchable Police Chief Danny Hughes.
My hope is that the council tells Judge Chaffee to kick rocks. They should address this bias nonsense straight out and immediately, list all of the policy violations and problems with Cicnelli’s conduct on the fateful night Kelly Thomas was killed and then vote to uphold Cicinelli’s firing.
Judge David Chaffee was appointed by Governor Pete Wilson in January of 1997.
Too long in the bench.
Obtained law degree in 1973.
https://www.occourts.org/media/pdf/profiles/chaffee.pdf
Judges are government employees just like the rest of them. They’ll cover up for their own, even when they beat and kill.
Sorry donut or is it numnut. There’s two rule books that come into play here numnuts. The us constitution and California constitution. You might also reference POBAR. That’s it numnuts , study up
Eat a dick, anon
Anything, and I do mean anything, involving POBAR should be put to rest with a simple easy to use rope and a short drop. These Pigs are murderers, and every single one of them deserves to this day to live in agony and constant fear for their lives. Here’s to hoping they have to watch all of their loved ones die of Leukemia.
Jesus, Chaffee and Fitzgerald are going to put Cicinelli back on the payroll with full back pay. I’m calling it now.
Think Bruce & Greg will recuse themselves?
Not sure if it matters.
Nah I Think Bruce is entirely stupid enough not to then get slap with punitive. Let’s face it , back in the day he was stupid to make the request for things he was told under the law he couldn’t have just so he could play big shot on tv Now the winds have turned and thus the storm is now coming for you Bruce. Pleasant dreams ass hole
WOW, throwing stones at someone who is trying to save our city when everyone else has let us down, you might want to thank him, you apparently don’t have anything better to do but judge, wait for your judgment day let’s c how that works out for you.
Saving the city by ruthlessly killing homeless people? You have a twisted view on morality but still seem to eagerly wait for judgement. Good luck.
Yeah right! You dumb ass The man will never be a cop again anywhere But that’s where the fun begins because city counsel is gonna make him a millionaire. Do some background before you open you pie hole next time dumb ass
Cicinelli won’t get shut. The new council is gonna sent him just like the old council. Who needs Whitaker and Sebourn?
There’s one sure way to get rid of Cicinelli: shut down the entire Police Department. All of it.
Well mr laughable or is it laughing boy. That ass wagon Whitaker just fucked the city out of another several million. And you say brown acts violation. What the hell is that but I seem to remember ass wagon being accused of this before When are you gonna realize that this enter counsel is part of the problem. Stupid people!
The ousted council members were criticized and later recalled for not sharing their opinions knowing that they would setting the table for future lawsuits.
Whittaker and Sebourn stupidly couldn’t shut up. The city of Fullerton will pay big $’s for this.
Wow somebody got it right , someone give the man a cigar. Your right they knew then the rule of law and of the possible outcomes but the fine citizenry of this city threw them out. Mean while you had ass wagons like Debora, Whitaker and, oh yeah SHARON QUIRK SILVA who all asked publicly to review evidence that knew they were not legally entitled to see. And now you want to send her back to Sacramento. She needs to be sent home where she can do no more harm. But. Ok don’t listen to me but check the record for yourself
Actually, no. That’s just not true.
Pat McKinley went on national television and defended the department and officers involved. It’s not that they kept their mouth shut, it’s that they did everything wrong.
Let’s not rewrite history. Leadership called, they failed to answer, and ran the other way.
Pat McKinley: “Failure to lead? The City Manager is the leader.”
Nice one but ask yourself that if that was McKinley’s reasons then why did a jury of your peers aquit them. Stupid liberal asshole!
I don’t know why a jury of my peers didn’t convict.
That’s a great question. They voted, then vanished into obscurity.
Something tells me that the DA not calling a single witness from the public had something to do with it.
But more appropriately, your comment is completely out of place. The issue is the impartiality of the Council. You claim that McKinley’s blatant lack of impartiality is excused because he’s right.
That’s really fucking stupid.
Why you bad mouthin Quirky? She a cop ho.
Sorry your wrong again. Do your research on the truly stupid things Sharon has done. She blows in any direction the wind blows. And now she wants us to send her back to Sacramento. Send her home instead
I dare anyone posting here to publicly ask Sharon and Bruce why they demanded the firings and viewing of evidence even after being told it was unlawful.
The only job that one eyed Jack should be given is cleaning toilets in a state prison.
He won’t be back working in Fullerton. But he will get several million dollars from Fullerton and be able to work somewhere else if he desires. Probably Idaho.
Do you think a new (unbiased) council will rule differently on his termination?
If a judge orders him back they will have to pay him off to leave forever. A couple million. Fullerton doesn’t want him working again. Money talks. It happens often in policing. POBAR.
Get your mind around it It’s just a matter of when and how much. Anyone with a brain saw this coming over five years ago. Everyone except your current city council
And who else besides Patdown Pat McPension would hire a killer cop with one eyeball?
Maybe Karakhastan si hiring, lol.
Yup absolutely right and in that order and all because your city council (Bruce and Sharon) thought they were above the law. I only hope Bruce and Sharon get hit with punitive as they should due to their outrageous behavior. And you want to send Sharon back to Sacramento. I say no fucking way
Anonymous: Everyone knows you’re a piece of shit P.O. How do you sleep at night?
The lack of leadership(Sellers, Hughes and Hamilton) is what’s going to cause these ex officers to get a pay out. Fumbled from the start; all officers should have been placed on admin leave the night of the beating, all officers involved should have been drug tested, none of them should of been allowed to review the surveillance video.. You may not like POBR(which I don’t) but you still need to follow it. You can’t change policy specifically to fire the 3 officers, and promote the others involved. This policy change was reversed btw…you can’t order the officers to talk during an internal affairs investigation when another agency is conducting a criminal investigation….When this is all said and done (wolf and Cicinelli) will get paid to leave and you’ll see PORAC issue an article which will outline the new case law… They should call it “The Dan Hughes law.”
HOW THE FUCK does a half blind cop who could not qualify under the Medical standards manage to even GET a job as a cop? It requires being able to see out of BOTH eyes!!!
Imagine Cyclops driving code 3 with only half of his peripheral vision wiping out children as they stand on the corner waiting to cross.
Jay Cicinelli works for USPS labor relations now, Talk about B/S he tried to just sweep my case under the rug. Not on my watch
They walked. Disgusting. No justice for Kelly thomas
Why couldn’t the gang bangers who shot out Cissy’s eye just finish the job?