Joe Wolfe’s Indictment

Here is the 400 page transcript that was released yesterday.

Read the transcript of the grand jury indictment of Joe Wolfe

I did notice in the testimony on page 103 that Captain Dan Hughes had received a copy of the Kelly Thomas killing video that very night…yet those police officers who are now being charged with murder and excessive force were not put on leave until nearly four weeks later, just a few days after Supervisor Shawn Nelson had asked the FBI to get involved.

An Ominous Cloud Forms Over The New Community Center

Oops! The new Fullerton Community Center opens up tomorrow, but this news alert might put a damper on the festivities. It turns out the state has rejected redevelopment funding for the project even though it’s already been completed, meaning the city’s troubled general fund may be on the hook for an extra $19 million that it does not have.

It looks like a generation of reckless redevelopment spending has led us to a very dark place.

RDA Woes Trigger Fullerton, Calif., Downgrade

Friday, October 5, 2012 | as of 12:53 PM ET

Standard & Poor’s downgraded Fullerton largely based on California’s rejection of its recognized obligation payment schedule for the city’s role as successor agency to its former redevelopment agency.

California cities could elect to become the successor agency to their RDAs after legislation dissolving the agencies went into effect early this year.

S&P lowered the city’s long-term rating to AA-minus from AA and assigned a negative outlook to lease revenue bonds issued by the Fullerton Public Financing Authority.

Standard & Poor’s also lowered its long-term and underlying ratings to AA-minus from AA on Fullerton Redevelopment Agency certificates of participation and the city’s previously issued revenue bonds.

“The negative outlook reflects what we view as the city’s exposure to previously state-rejected redevelopment projects which, if not approved, could affect Fullerton’s credit fundamentals in the future,” analysts said in the report. “In addition, city officials estimate some continued structural imbalance in the general fund, despite some previous budget reductions to offset historical revenue declines.”

A portion of the disputed bond proceeds has not been spent, but $22 million was used to build the city’s community center.

The state rejected that as a valid redevelopment project because the city, as opposed to its redevelopment agency, had signed the contracts with the developer as was the city’s practice pre-dissolution, according to the report.

The city has resubmitted its request to the state Department of Finance, but if it rejected again, the city could be on the hook for $19 million.

However, city officials told analysts that it would use reserve money from the city’s general fund to cover the bond payments.

Analysts credited Fullerton for continuing to budget appropriate amounts in the general fund to fund both its Series 2010A bonds, which were backed by federal subsidies that now may not be available, and on the COPs issued for the RDA.

The 2010A debt was issued as federally taxable recovery zone economic development bonds. The city has budgeted for the full cost of payments on the bonds regardless of whether it receives the federal subsidy.

Dead People For Flory

Invasion of the body snatchers?

It seems that Jan Flory is bringing a little bit of charming Chicago politics to Fullerton, i.e. raiding cemeteries for supporters. Now you know why we have a category called “Deadheads.”

Here is Flory’s 2012 voter guide:

Opps. Bob Root is dead. So is Gwen Ferguson; likewise Majorie Pogue!

Did you spot any others?

Also of high amusement value are the names of me and my ex-wife! How I got on the list is anybody’s guess since I have never given Flory authorization to use my name for anything.

I believe this is just a matter of utter incompetence, but it isn’t surprising. When Flory says she is ten years older and 10 years better she is half right.

 

Officer Joe Wolfe Indicted for Involuntary Manslaughter, Excessive Force

Well, that’s former officer Wolfe to you.  Here is the D.A.’s announcement:

THIRD FORMER FULLERTON POLICE OFFICER ARRAIGNED ON INDICTMENT FOR BEATING-DEATH OF 37-YEAR-OLD HOMELESS MAN

SANTA ANA – A third former Fullerton Police Department (FPD) officer was arraigned today after Orange County District Attorney (OCDA) Tony Rackauckas obtained an indictment from the Orange County Grand Jury against him for his criminal participation in the July 2011 beating-death of 37-year-old homeless man Kelly Thomas.

Former Officer Joseph Wolfe was indicted Sept. 24, 2012, on one felony count of involuntary manslaughter and one felony count of the use of excessive force. He faces a maximum sentence of four years in state prison if convicted. Per the statutory bail amount, Wolfe surrendered on $25,000 bail. The defendant is scheduled for a pre-trial hearing Nov. 2, 2012, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana.

The first two defendants in this case, then-Officer Manuel Ramos and then-Corporal Jay Cicinelli (see below), were charged Sept. 21, 2011, in Case #11CF2575. Since that time, the OCDA has actively continued its investigation and legal review and decided to seek an indictment against Wolfe following extensive legal and factual analysis and development of evidence.

The Orange County Grand Jury heard testimony from 10 witnesses and examined 113 exhibits of evidence over three days beginning Sept. 19, 2012, before returning an indictment on Sept. 24, 2012.

The law requires that grand jury transcripts, including any evidence or testimony, to be sealed until 10 calendar days have passed from the date of receipt of those transcripts by the defense. Due to this restriction, the OCDA is legally prohibited from discussing any information related to the grand jury proceedings at this time.

Fullerton Police Chief (Finally) Clears the Name of Kelly Thomas; Cicinelli’s Step-dad Not Happy About It.

This piece was sent in yesterday by an FFFF reader who calls himself Brandon. I’ve also included a video of the acting chief making the city’s announcement.

Well it took 14 months but the Fullerton Police Department finally admitted what many had suspected since the beginning- Kelly Thomas was not doing anything wrong the night he was harassed and eventually beat to death by 6 Fullerton Police Officers. According to a statement made by Fullerton acting chief Dan Hughes, “There is no evidence of which the Fullerton Police Department is now aware that Kelly Thomas actually tried to steal anything from any of the vehicles in the lot.”

While this information is not surprising to anyone who has been reading the Friends for Fullerton’s Future blog over the last year or so, it is a victory toward holding the officers involved in the beating death accountable. A large part of the defense of the two (and soon to be possibly three) officers currently facing charges in the case rests on Thomas’ “criminal” behavior on the night he bludgeoned, electrocuted, and suffocated to death by six of Fullerton’s finest. With this admission by Chief Hughes, the lawyers for Manuel Ramos and jay Cicinelli will likely have a difficult time trying to convince a jury that Thomas was asking for his deadly beating that night. Of course the attorneys representing the ex-officers will no doubt still try to paint Thomas as a dangerous criminal whom their clients were afraid of that night. But when you are defending one of the most heinous, callous murders ever caught on tape, you have to draw at straws in order to have a chance at getting your clients off.

While many are no doubt happy to see the FPD finally confirmed what they had been suspecting and postulating on for over a year, relatives of the accused are not among those rejoicing. John Huelsman, the stepfather of Cicinelli tried to blame the current Fullerton City Council for directing Hughes to make the statement. “This is a criminal matter,” Huelsman told reporters. “These guys can go to prison… and the City Council just said they’re guilty because Kelly Thomas was innocent.” Talk about overstating the obvious. Mr. Huelsman’s incredulity at the fact his step-son could possibly be complicit in the murder is rather amusing given all of the evidence supporting it. And I don’t think the Fullerton city council has to tell anyone that your step-son and his comrades are guilty. We’ll let the video evidence and eye witness reports do that.

 

FFFF Welcomes Cynthia Ward’s “THINK for Yourself” Blog To Our Blogroll

When I first met Cynthia Ward, we were engaged in a harsh disagreement over a particular county clerk who was posturing himself as a candidate for OC Supervisor. Things got ugly, as they do. But after the dust settled, both Cynthia and I realized that we actually had more in common than not.

So we quickly became friends and ever since then I have been enjoying Cynthia’s cutting honesty and fearless resolve. Today’s I’d like to introduce Cynthia’s new blog, “Think for Yourself, OC.” Please take a look.

I am a truth-teller. It gets me in trouble. But if you ask me if a dress makes you look fat, I will tell so, and help select another, before you go on television and realize it for yourself. My real friends are expected to be truthful with me as well. A secret shared will be taken to my grave, but lie to me, and it will end up here…on these pages… especially if you are tasked with the stewardship of public resources. I am a registered Republican who disdains the local GOP power structure, a born-again Christian who supports everyone’s right to spend their lives with the partner of their choosing. I am a wife, a mother, a daughter, a sister. I am a loyal friend to those who merit that friendship and when crossed I am a bitch with a capital C. I do not fit into a box, nor do I see others through the stereotypes that politics and public affairs so often tries to shoehorn us into. I think for myself, and so do you. Welcome to our shared space in this world.

-Cynthia Ward

The Cop Playbook. Public Safety Has Nothing To Do With It.

For paranoia, sheer cynicism and demonstration of unbridled self-interest there’s nothing that can beat this “playbook” created by the law firm of Lackie, Dammeier & McGill for use by their clients: cop unions.

See how many of these tactics strike you as familiar in Fullerton. Paranoia, cynicism and self-interest. Check, check, check.

 

Lackie, Dammeier & McGill
Former Cops Defending Current Ones

Negotiations After Impasse – Association Options
In gearing up for negotiations, hopefully your association has developed some political ties with members of your governing body. Now is the time those political endorsements, favors, and friendships come into play. When negotiations reach an impasse, the association will have options which may be utilized simultaneously, or one before the other.

Political Option
As most association leaders already know, associations should be selective in their battles. However, this does not mean that the association should roll over for everything either. Association respect (by the employer) is gained over years of actions or inactions. Associations who rarely, if ever, take things to the mat or challenge the employer gain little respect at the bargaining table or elsewhere. The flip side is also true. Those associations that battle over every minor issue may be seen as an association that simply cannot be pleased, so why bother. While it is a fine line, somewhere in the middle is where you want to be. The association should be like a quiet giant in the position of, “do as I ask and don’t piss me off.” Depending on the circumstances surrounding the negotiations impasse, there are various tools available to an association to put political pressure on the decision makers. A few things to keep in mind when utilizing these tools are the following:

Public Message
Always keep this in mind. The public could care less about your pay, medical coverage and pension plan. All they want to know is “what is in it for them.” Any public positions or statements by the association should always keep that focus. The message should always be public safety first. You do not want wage increases for yourselves, but simply to attract better qualified candidates and to keep more experienced officers from leaving.

The Future
Also keep in mind that once the fight is over, you and your members will still be working there. Avoid activities where one or just a few members are involved who can be singled out for retaliation. Always keep in mind your department policies and the law. You should be in very close contact with your association’s attorney during these times to ensure you are not going to get yourself or any of your members in trouble. For associations in the Legal Defense Fund, please keep in mind that concerted labor activity should always be discussed with the LDF Trustees prior to the activity to ensure coverage.

Let the Debate Begin
Again, the ideas listed below are not in any particular order. Just as in your use-of-force guidelines, you can start with simple verbal commands or jump to a higher level, based on the circumstances.
Keep in mind that most of these tools are not to deliver your message to the public but are designed to simply get the decision makers into giving in to your position.

  • Storm City Council – While an association is at impasse, no city council or governing board meeting should take place where members of your association and the public aren’t present publicly chastising them for their lack of concern for public safety.
  • Picketing – Plan a few well organized picketing events. Keep these events spread out to avoid burning out your membership.
  • Public Appearances – During impasse, the association should make known at every significant public event, such as parades, Christmas tree lightings, the Mayor’s Gala and any other event of interest to the decision makers, that the association is upset about the lack of concern for public safety.
  • Newspaper Ads – Again, keep the message focused on “public safety.”
  • Billboards – Nothing seems to get more attention than a billboard entering the city limits which reads that crime is up and the City could care less about your safety.
  • WebsitesGardenGroveSucks.com was a big hit.
  • Job Fair – Getting your members to apply at a large local agency, which causes an influx of personnel file checks by background investigators always sends a strong signal. Keep this for last, as some of your members may ultimately leave anyway.
  • Work Slowdown – This involves informing your members to comply closely with Department policy and obey all speed limits. It also involves having members do thorough investigations, such as canvassing the entire neighborhood when taking a 459 report and asking for a back-up unit on most calls. Of course, exercising officer discretion in not issuing citations and making arrests is also encouraged.
  • Blue Flu – This one is very rarely used and only in dire circumstances. As with all of these, please consult your association’s attorney before even discussing this issue with your members.
  • Public Ridicule – Blunders by the City Manager, Mayor, or City Council members or wasteful spending should be highlighted and pointed out to the public at every opportunity.
  • Referendum / Ballot Initiatives – Getting the public to vote for a wage increase is seldom going to fly, however, as a pressure tactic, seeking petition to file a referendum on eliminating the City Manager’s position for a full time elected mayor may cause the City Manager to rethink his or her position.
  • Mailers – Again, the message should be for “public safety” in getting the public to attend city council meetings and to call the City Council members (preferably at home) to chastize them for their inaction.
  • Campaigning – If any members of the governing body are up for election, the association should begin actively campaigning against them, again for their lack of concern over public safety. If you are in a non-election year, make political flyers which you can explain will be mailed out the following year during the election season.
  • Focus on an Individual – Avoid spreading your energy. Focus on a city manager, councilperson, mayor or police chief and keep the pressure up until that person assures you his loyalty and then move on to the next victim.
  • Press Conferences – Every high profile crime that takes place should result in the association’s uproar at the governing body for not having enough officers on the street, which could have avoided the incident.

Of course, other ideas that cops come up with are very imaginative. Just keep in mind, the idea is to show the decision makers that the public favors public safety and it will only harm their public support by not prioritizing you and almost equally as important, to let them know that next time they should agree with you much sooner.

Did David Tovar Get Messed Up By Fullerton Cops?

I don’t know. That’s his story, anyway, and because he has a lot of gang tats and an old affiliation with a Fullerton barrio gang, his story is sure to be challenged.

Here’s the synopsis.

On August 11th, Fullerton resident David Tovar  was riding his bike on Valencia Ave. when an unknown truck sped up behind him.  Fearing for his safety from the unknown persons in the vehicle, Tovar veered off. The truck chased him down an alley just east of Harbor Boulevard, and then across Harbor and rammed him from behind. He was knocked him off his bike, his head striking the concrete curb. He was unconscious. He later discovered that the driver and passengers were undercover Fullerton cops in an unmarked car who pursued him because he had no light on his bike!

Well, that’s his story.

Here’s an interview with Tovar.

Naturally, we here at the FFFF City Desk, are in hot pursuit of any witnesses, so stay tuned! If anybody in the vicinity of Harbor Blvd. and Ash Ave. on August 11th saw this incident, we would like to get your story.

We will also be inquiring about any such event logged in by the FPD and see if any of this story might be true.