So Who (Besides Bruce Whitaker) Hasn’t Seen The Video?

Here’s an article by the pathetic Lou Ponsi in the OC Register about a guy named John Huelsman,  an ex-cop, who unluckily happens to be the step-father of Jay Cicinelli, the Fullerton policeman charged with the beating death of schizophrenic homeless man Kelly Thomas, last July.

This man popped up at the last council meeting nattering the same nonsense about what an angel his step-boy is, so this isn’t really news. What is news is this guy’s claim that he has been able to review the City-owned video that captured the Thomas killing.

Let’s assume for the sake of argument that Huelsman is actually telling the truth. This begs the question – who hasn’t seen the video? We know that our elected representative, Bruce Whitaker is being illegally denied the opportunity to see it. But, really: the freakin’ step-father of the accused gets to watch it? Really? And a Fullerton council member may not?

So who let this guy watch the video? Was it the FPD? Was it the District Attorney? Such questions seem not to have occurred to the incurious idiot Lou Ponsi whom we can all count upon to miss the real story while peddling pro-cop bullshit.

Somebody better explain soon why some clown from who knows where can watch the video, when the people’s elected representative can’t.

 

The Insidious Theft of Our Sovereignty

UPDATE: As noted in the comment from Chris Thompson below, he did not learn about the Beechwood situation (whatever it is) from FFFF. This was my error. I misread the following comment made by Thompson in yesterday’s post: 

For clarity’s sake, I have NOT been briefed on any aspect of this story beyond the information which has been made publicly available in the meeting posted here.

I read this to mean that he had not been briefed at all. I do not know if he had an independent briefing from Hovey, but he was actually at the meeting in question. My mistake. I have edited the text below. 

In the past few days in Fullerton we have witnessed the usurpation of public sovereignty by government employees and contractors who seem to believe it is their right, not our representative’s, to determine what sorts of information the duly elected representatives are, or are not permitted to see.

First, was the protracted saga of Fullerton City councilman Bruce Whitaker, who for seven moths has been trying to get access to the video of  FPD cops beating Kelly Thomas to death. This is a pretty reasonable request, you would think, given the fact that the cops have watched and re-watched the video (Acting Chief Dan Hughes says he’s seen it 400 times); it’s been viewed by the DA; it’s been  watched by Cicinelli and Ramos’s lawyers; apparently it’s even been watched by Ron Thomas, father of the dead man. But for some reason the City Manager and City Attorney believe they have the authority to deny access of this public document to Bruce Whitaker, and have used the majority vote of the Three Dim Bulbs to continue to deny Whitaker access.

This is just an outrageous usurpation of the authority that accrues to elected officials by virtue of their popular election. Despite what the bureaucrats and their die-hard elected supporters believe, the sovereignty invested in the elected is indivisible and should never be confused with the practical exigency of majority rule that determines policy and decides the quotidian issues of managing a city.

And then, we have the very recent sad spectacle of a Fullerton School District trustee, Chris Thompson, not being adequately briefed on a matter involving a teacher at Beechwood Elementary School – a matter so serious that the Fullerton police were called in to investigate it, and an emergency parent meeting held. Whatever is going on, the Superintendant, Mitch Hovey decided that the trustees didn’t need to know about it.

The question of whether other trustees besides Thompson were briefed remains to be ascertained, and if so that would make matters even worse.

But here’s the really bad part. According to Thompson: Dr. Hovey informed me that he had been advised by the district’s law firm as to what information he could and could not give to the board members. He did confirm that he knows more than we do. 

Say what? That law firm doesn’t work for Hovey; it works for the Board of Trustees who hired them. It has no business collaborating with the Superintendent to decide what information can and can’t be parceled out to the Board. And anybody who doesn’t grasp this basic tenet shouldn’t be on the Board or work for it, either.

As Assemblyman Norby pointed out in his newsletter, it is both the right and the responsibility of elected officials to have reasonable access to public property and documents in order to do their jobs. The Legislative Counsel for the State of California said so. This precept is all about accountability and responsibility in our representative democracy.

So why is this basic concept being flagrantly flouted by Fullerton’s bureaucrats? Who is in charge here, indeed?

 

Bruce’s Law

Here is an interesting bit from Assemblyman Chris Norby’s latest newsletter documenting his effort to promote legislation to guarantee elected officials – like Fullerton’s Bruce Whitaker – access to public documents and records.

Well, Lo and Behold: it’s not necessary according to Legislative Counsel who determined that such a right already exists. Looks like somebody forgot to tell our esteemed City Attorney Dick Jones, who has publicly defended denying Whitaker access to city-owned records.

And it looks like we have another Recall issue.

So who the Hell is really in charge in Fullerton? The cops? The bureaucrats? The unelected City Attorney? The Three Triassic Fossils who have no authority to deny a duly elected official access to official records? Who?

In the words of the Bard, Bob Dylan in “Oxford Town”: somebody better investigate soon.

“Bruce’s Law” Restates Obvious

Can elected officials be denied information obtained at public expense on public property? Can unelected attorneys and administrators keep such information hidden from those who appointed them?

That’s what’s happening to Fullerton City Councilman Bruce Whitaker. His request to view the city’s video of the fatal beating of Kelly Thomas has been denied by the City Manager and City Attorney. That video was made by a city-owned camera at the city-owned Fullerton Transportation Center. Three of Bruce’s colleagues have chosen not to watch the tape, but have never voted to deny it to him.

Bruce doesn’t seek to release the tape to the public, or even have his own copy. He just wants to see it, to be in better position to understand what happened on that fateful July night. So I drafted a bill clarifying an elected official’s right to the same information as those they hire. “Bruce’s Law” would assure those we elect have access to information they need.

My bill was rejected by Legislative Counsel, however, as unnecessary.  I was told that elected officials already have this right. I was told that unelected government employees cannot deny public officials information they need to represent their constituents. I was told that video camera footage taken by a public agency can be viewed by an official elected to govern that agency.

A new bill cannot be introduced which simply duplicates existing laws. But Bruce is still being denied the tape.

Travis Kiger Gets Key Endorsements

Travis and family

Just days after pulling papers to run in the Recall replacement election, Travis Kiger has received the full support of our County Supervisor Shawn Nelson, our State Assemblyman Chris Norby and Fullerton City Councilman Bruce Whitaker.

Said Chris Norby “Fullerton is very fortunate to have Travis as a candidate. As a resident and taxpayer in Fullerton I know we will be in good hands when Kiger is elected.”

Shawn Nelson echoed Norby’s comments. “Fullerton is in need of strong, conservative leadership. I live in Fullerton and I trust Travis to deliver on the promises of transparency and accountability.”

Travis Kiger represents the new type of Republican for Fullerton: one who believes in civil liberties, freedom, limited government, pension reform, a balanced budget, reasonable taxes and fees; one who opposes the sort of crony capitalism and corporate welfare that has been the hallmark of Fullerton “conservatives” for decades.

Most importantly, Travis stands for accountability to the citizens of Fullerton, without cover-up, condescension, excuses, or incomprehensible double-talk.

 

Real Leaders Lead

Enjoy the rare sight and sound of an elected Fullerton leader actually leading.

Please note the not so subtle threat: the tyranny of the Three Dead Batteries, Bankhead, Jones, and McKinley is exercised to deny an elected official – Whitaker – access to public records and public property; and their own stupid intransigence is forcing their dereliction directly into the political arena.

Not surprisingly, the Three Stagnant Ponds are backed up by Attorney Richard Jones who, incredibly, wants the people of Fullerton to believe the authority of the Council derives from – the Council itself!!

That’s the kind of Divine Right bullshit that inspired the American Revolution. The Three Hollow Logs no doubt find comfort in that sort of tyranny. And that’s exactly why we are having a recall.

Nine Months Later And You’re Still Paying the Illegal Water Tax

It has been said that the only two certainties are death and taxes.

That sure seems to be the case when you consider Fullerton’s illegal 10% tax on water that you are forced to pay with each bill. The cowards haven’t even got the guts to add it as a line item on the bill. Wouldn’t want nosy citizens asking embarrassing questions, now would we?

Nine months ago the City was challenged on the legality of the notorious “in-lieu fee” that adds over $2,500,000 to the City General Fund coffers every year. What did they do? They decided to study. And study. And study some more.

The Three Dead Batteries.

Well, the study isn’t done yet. But guess what? You still pay that tax. An honest government would have gotten a definitive legal opinion from a competent attorney (ahem) and immediately reported to the public. Not in Fullerton, where the idea seems to be to keep soaking the public until some judge, or a recall election makes them fix the problem. In the meantime they’ve collected two million bucks to pay for things like councilmen Don Bankhead and Pat McKinley’s six-figure pensions.

But everything’s just fine. Go back to sleep again.

Amerige Court—How to Give Away Public Land for $500

Mid-Evil Circus Revival revival

Last December The Fullerton Redevelopment Agency approved yet another extension to Pelican, the hapless developer of the gigantic Amerige Court project downtown. Readers will recall that this project was approved in 2008 over the objections of hundreds of people who saw it for what it was, yet another cheap looking, insipid  copy of the retail/loft model that is supposed to revive downtowns.

This time the now unemployed redevelopment staff allowed the developer to plan to rent the housing units at first, even though when it was first approved years ago it was supposed to be all about classing up the area by inviting the landowning gentry to move in and stare down the lawless drunks of Fullerton’s bar culture.

So two months ago, despite several people speaking out against the fourth (!) amendment to the original agreement, and no one speaking in favor of it, the extension was granted. Bruce Whitaker and Sharon Quirk-Silva dissented, having had enough of developer excuses for why they haven’t been able to build anything, but Bankhead, McKinley, and Jones predictably went along with this giveaway of taxpayer owned land in the heart of the city.

Well, that was back before Redevelopment disappeared last week, so now they have to do it all over as the City Council tonight.

Show up to watch developer owned politicians try to give away your land once again, if you let them.

Last week we showed you why the Three Dinosaurs were so willing to perpetuate this disaster of a project.

When you take their money, you have to do their bidding. Besides, if you can give away public land to build a monstrous and unneeded architecturally appalling project that will add more traffic to the area and tear down some really old buildings to do it, why wouldn’t you? Especially when the half of the development partnership that’s still in business gives you $500 to keep you from being recalled?

She Bear About to Turn Violent?

Frustrated that the slow working of his mind could not process the new data, McKinley was about to flail about violently.

Here‘s an article in the Register about Fullerton Councilman Bruce Whitaker asking his fellow councilmembers to vote on whether to see the video of the Kelly Thomas killing at the hands of the FPD. He seems to be suffering from the delusion that Fullerton elected leaders should be intelligently informed.

It’s an interesting article for two reasons. First is the reaction of councilman Pat McKinley, former FPD Chief, and architect of the Culture of Corruption in the force. You would expect him to be opposed to letting anybody see the actions of goons he hired personally and let loose on the streets of Fullerton. But what’s that you say, Pat?:

Councilman Pat McKinley, Fullerton’s former police chief, said he is “violently opposed” to the release of the video.

“I think it’s completely off-base,” McKinley said. “It’s absolutely unprecedented, and it would be wrong to view that before the trial.”

Violently opposed? Now that doesn’t sound like a balanced man, does it? His reaction to a perfectly reasonable request says much about McPension the man. Is he about to go off the deep end?

Mcpension may not want the video released, but I assure you it has nothing to do with any trial, and everything to do with a recall election.

The other thing that struck me as odd is the City Attorney’s alleged request to the DA for permission to view the video and the imbecilic comments ascribed to DA spokesholetress Susan Kang Schroeder, who seems to be just making shit up. The council could watch this video as a closed session personnel issue and nobody else would have to see it. Also, the FPD is bound to have made copies so why ask the DA for permission at all – except to get that “no” answer you want? Acting Chief Hughes, who is neither investigating nor trying anybody, claims to have viewed the video 400 times! I’m starting to suspect everybody  has seen this video – except some of the council and of course, the public.

And as a final thought, is there anybody in Fullerton who believed the serial prevaricator Pat McKinley when, after an awkward pause on CNN, he denied seeing the video himself?

Denying the Culture of Corruption: The New Acting Chief Speaks!

He speaks to a website called FullertonStories. And what he says is disturbing, to say the least. In a story that quickly dissolves into the typical mushy fell-good bio, newly minted Acting Chief Dan Hughes does drop a few nuggets that are worth considering. Such as a blanket denial that a culture of corruption even exists in the FPD.

“If somebody says there is a culture of corruption, they’re either lying, they have other motives or they are grossly misinformed.” Those are the words of acting Police Chief Dan Hughes while defending the Fullerton police department after it has faced six months of attacks from protesters and bloggers.”

Uh, oh. So we critics of the serial malfeasance in the FDPD are liars; or have other motives; or are “grossly” ignorant. Hmm. Tellingly, there are no embarrassing questions about, and consequently no awkward answers about Rincon, Mater, Mejia, Power, Hampton, Nguyen, Tong, et al. Gee, that was convenient.

In what he hopes will mark a new era of transparency and openness within the Fullerton police department, Hughes recently sat down with reporters from FullertonStories to discuss his plans for the department and his actions on July 5, 2011, the night of the violent altercation at the Fullerton bus depot that resulted in the death of Kelly Thomas.

Well, gee, Danny Boy is willing to sit down with some compliant “reporters” in the service of “transparency,” yet doesn’t address the issue of why transparency is needed in the first place, or why his spokesman, Andrew Goodrich was permitted (or instructed) to lie to the public about the facts in the Kelly Thomas murder.

Hughes describes what happened that night – up to a point. And that point is right before he (or someone working for him) permitted the cops involved in the killing to view the video and then re-write their reports. Neither does he address the sticky issue of his force not treating the site as a possible crime scene, or the alleged confiscation of witnesses’ cell phones and camera film by his cops. He also conveniently omits to explain why the DA was not called in for two days, and then only after being prompted to do so by a call from the DA’s office itself.

Come to think about it, he also never bothers to inform the incurious “reporters” from FullertonStories about how come no internal investigation was done until Michael Gennaco was hired two months after the crime. Details, details.

Hughes paused. “When you look at those steps that were taken in a period of 15 minutes, I ask what of any of that would indicate that we were trying to conceal any information?”

That’s just disingenuous garbage, there. Within that first 15 minutes he had no idea of what really happened. And the fact is that within a short time of the bludgeoning, Andrew Goodrich was already in the process of peddling the bogus story of a violent struggle in which the superman Kelly Thomas, in possession of stolen property, was responsible for breaking the bones of the poor undermanned cops.

What wasn’t done correctly, he said, was that the department didn’t come out and say, “this is what occurred, this is what we did, and this is what we’re going to be doing.

Wrong, again, Dan. What wasn’t done correctly was to put the cops on leave immediately and do a real investigation instead of lying to the public about Thomas.

“And because of that silence, it created a tremendous amount of problems for the police department and the city,” Hughes said.

Incorrect. What caused a tremendous amount of problems for the police department and the city was hiring, deploying, and tolerating drug addicts, con men, pickpockets, thugs, perjurers, Brady cops, sex perverts and sadistic killers on the streets of Fullerton, and in its jail.

We are supposed to be relieved and grateful that Dan is working hard to mollify protesters:

“This is a prime example of how we can respect each others opinions,” Hughes explained. “It’s something that’s been very beneficial, to sit down with the protestors and have a dialogue and admit to them when we have blown it.”

Except that the issues surrounding the crime wave perpetrated by Hughes’ colleagues over the past few years is not a matter of opinion, it is a matter of fact. Sorry, Dan, unless you’re going to admit the problem I have no interest in your “opinion.”

But Hughes admitted there is still “lots of work to be done” in the area of restoring public confidence in the department. “We’ve done a very poor job in my opinion on being able to communicate to our community why we do what we do.  We have to build that trust and relationship again,” Hughes said.

Uh, huh. More denial. The problem is not lack of communication. The problem is a police force chock-full of miscreants who have obviously taken advantage of a department with little or no moral or ethical leadership, a department that has clearly been tacitly instructed to resort to physical abuse to fix the mess made by the politicians in downtown Fullerton.

P.S. Dan, tearing up bogus tickets your cops just handed out for “excessive horning” doesn’t equate to building trust.

Some of the ways he plans to accomplish that include giving tours of the department, holding community meetings and stepping up the citizens’ academy and ride-along programs.

Tours? Ride alongs? Oh, Brother! How about firing dirty, abusive cops, and not hiring any more, if it’s not too much trouble?

Hughes is also looking at ways the department can build an ethical consequence component to its current training programs to further restore public trust.

Keep looking, Chief. And while you’re at it, how about a genuine punishment component for cops when they violate the very laws they have sworn to uphold?

But rebuilding trust won’t happen overnight, according to Samuel Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha, and a nationally recognized expert in police accountability. He said the timetable depends on how credible the response to the crisis is. “One incident like this destroys years and years of building trust within the community,” he explained.

Here’s the obligatory academic on hand to ladle out the cliche soup. The only problem is nobody bothered to tell Professor Walker about the conga line of ethical issues and outright lawbreaking perpetrated by Fullerton cops, and presumably condoned by the department (for the perfect case study consult our posts on Albert Rincon).

Many questions remain about the death of Kelly Thomas and Hughes is looking forward to additional information coming out at the March preliminary trial of officers Manuel Ramos and Jay Cicinelli. He also eagerly awaits Gennaco’s report about the night of July 5.

Yeah, sure. Whatever you say. Sounds like Dan’s been reading Doc HeeHaw’s memoirs!

Hughes said he has seen the controversial videotape of the Kelly Thomas beating probably 400 times and he calls it “horrific.” Although he would not discuss the details of the video, he said it “clearly depicts the majority of what took place that evening,” and it will clarify a lot of misinformation that has been reported.

Misinformation reported? Come on Dan, you’ve got to be kidding. Most of the misinformation was peddled by your own PIO, Andrew Goodrich.

As for accusations by local bloggers that a “culture of corruption” exists at the Fullerton police department, Hughes calls them completely false.

“From being 18 and fresh out of high school to now holding the highest position in the police department, I can tell you there is no corruption,” Hughes said. “Certainly there have been officers that have made poor ethical decisions. We’ve dealt with those officers, and we will continue to do so.”

This is just pure, unadulterated bullshit. Poor “ethical” decisions? No more comment necessary.

I have to give credit to FullertonStories by surprisingly permitting councilman Bruce Whitaker to spray some much needed cold water on the love fest:

But City Councilman Bruce Whitaker said he is reserving judgment until he gets all the information. “On every other level I like what I see (about Hughes), but we’re going to have a whole lot of information at our disposal when the Gennaco report comes our way in about three weeks.”

Whitaker said it’s not just the Kelly Thomas incident that concerns him, but a number of police-related problems that have occurred within a short window, including the death-in-custody case last April that triggered his skepticism as to what is going on in the department.

He noted that Hughes and Capt. Kevin Hamilton are both part of the leadership culture that includes Police Chief Michael Sellers (now on medical leave) and former Police Chief Pat McKinley. “I need to sort out and determine who may have contributed to the current culture,” Whitaker said.

Thanks for that, Bruce. But no, you don’t get the last word on FullertonStories, no siree!

But Hughes stands by his officers. “They are absolutely dedicated to serving this community in an ethical manner, and that’s what I’m committed to ensuring they’re doing,” he said. “We have a lot of leaders in our police department, and we’re excited about the opportunities and challenges we have before us. We’re going to come out a better police department.”

Oh, really? The only reason the community should have one iota of confidence in that statement is because all the FPD bad guys are finally on the right side of the jail bars.

They aren’t. Not yet.

Joe, Lou, and Mike; Does Anybody Know What’s Going On?

Here’s a couple of interesting e-mails from the final day of July, 2011, between Acting City Manager Joe Felz and soon to be MIA Police Chief Sellers.

The options were running out...

On the surface it seems that Acting City Manager Joe Felz is unhappy with Lou Ponsi for writing “Very Old” news. But maybe he is really upset that the public gets to hear (again) that the cops who killed Kelly Thomas had been out on the streets for over three weeks like nothing had happened; or that maybe Sharon Quirk looks like she is actually in charge. Sellers seems to be concerned with the latter, and he can already see the writing on the wall.

“Hopefully the remaining three council members don’t feel left out” is code for: “Make sure the Three Dead Tree Sumps get lined up, fast!”

“Lou is Not a bad guy from what I understand,” means that Sylvia Palmer and Andrew Goodrich have previously informed Felz that Ponsi is a reliable regurgitator of their crap.

By the way, is anybody else appalled by the weird punctuation and capitalization deployed by these $200,000+ per year bureaucrats?