OC District Attorney Spitzer Goes Limp for Perv Cop

In case you haven’t heard by now, the Orange County District Attorney’s Office which is led by Todd Spitzer, filed a peeping charge against Fullerton Police Officer Jose Paez for filming up the skirt of a 16 year old student.

Let that sink in for a moment. A 16 year old, who Paez was on campus to protect, was his victim under color of authority.

According to the case information the violation date was 11/03/2017 and according to the FPD press release it was found by accident while investigating something else.

Paez Case Detail

Based on the Body Worn Camera audit conducted by FPD we know that Paez also attempted to film up a teacher’s skirt on 08/29/2017 which shows a pattern of behavior.

He also had underage sex videos and photos on a phone in his possession. Apparently chain of custody at FPD, regarding Child Pornography, is so lax that they don’t know who has it on what devices or where it’s stored.

To further complicate the issue, Paez was allowed to schedule deletion of his own Body Worn Camera videos.

Taking into account the potential charges such as peeping on teachers and underage students and possession of child pornography on his phone it seems unprofessional that Fullerton PD wouldn’t contract this case out to another department or agency. This ins’t a case of policy violations to be investigated by Internal Affairs but rather it is one of potential criminal conduct against children under color of authority. The community and students at FJUHSD deserved an objective outside source to look into these issues.

This is something they did not get because Fullerton put their perv officer first and the wall of silence stood still. Not a single officer came forward about Paez. Not a single council member. Not a single school board member. An officer was allowed to prey on our children in his capacity of School Resource Officer and the protected status of the police was more important than public notification.

Thanks to the DA only levying a single charge dating to almost two years ago this smells more like another case of FPD being caught with their pants down than actual due diligence. The priority doesn’t seem to be in protecting our city and our city’s children despite all of the attaboys Chief Dunn gave himself in his Press Release on the issue.

What stopped Paez from sharing nude photos of your daughters with his friends and co-workers? What’s to stop his replacement from doing the same?

Nothing and that’s how FPD likes it so shut up and go back to sleep. They’ll make this go away like so many other cases of criminality by their own in blue and then have the audacity to ask for a raise which council will give them.

This is the upside-down world we live in where justice consists of a press release followed by a likely plea deal where a pervert with a pattern of behavior of preying on women and children while under the color of authority will be allowed to walk with barely a slap on the wrist.

Spitzer is continuing the efforts of his predecessor who refused to file charges against Fullerton Officer Rincon despite groping women in his patrol car during traffic stops. A pattern that consisted of letting off Fullerton Officer Christopher Chiu who forced a naked women to stand for him so he could shine his light up her crotch and then ask for her number.

Sexual predation seems to be A-OK behind the Blue Wall of Silence supported by the brass at FPD, City Hall and the DA’s Office.

We all knew, based on the Jailhouse Snitch program, that there was seemingly nothing the Orange County District Attorney’s Office wouldn’t do to protect bad cops but now that includes downplaying sexual crimes against a School Resource Officer. All to protect a pervert in blue.

When did FPD send the case to the DA? How long did they sit on the Paez problem? Was he fired or was he allowed to quit? Chief Dunn won’t tell you. Did FPD or the DA even ask for potential victims to come forward or were they too worried about the bad press they’d get by possibly uncovering a #PaezMeToo problem they ignored for at least a year?

Meet DA Todd Spitzer, same as DA Tony Rackauckas – a hero for self-proclaimed heroes and nobody else.

Fullerton Cops Label Camera Data Wrong 60% of the Time

It was bad enough when we learned that Fullerton Officers had (have?) no oversight in how they themselves are allowed to categorize videos and schedule them for deletion. Do something wrong like the litany of SB1421 criminal cops? Just change the category to delete the videos and nobody is the wiser.

It was worse that we learned that in the context of Fullerton Officer Jose Paez perving on High School kids and teachers while on the job, including for allegedly shooting video up a 16 year old’s skirt for which he’s being prosecuted.

But it turns out that Fullerton cops label their video files wrong 60% of the time according to Chief Dunn himself:

BWC 60 Percent

“We also learned the way we label data, officers tag the video via an app on their phones, is incorrect 60% of the time.  This contributes to the storage overages and can cause evidence to be missed.”

So when officers aren’t just deleting the videos of their criminal activity, such as Paez did, they’re potentially missing evidence for cases by simply not doing their jobs correctly.

The guys and gals in blue whom we pay the vast majority of our budget to can’t manage to tag a video properly for evidence – when evidence is quite literally one of the most important aspects of their job.

Guess they need more training and raises to justify that training. Bring on Fitzgerald’s taxes to solve this pernicious police problem. Just kidding. We’re paying for software (CAD integration) because a machine is the only thing that can save us from officer incompetence. But we’ll still get hosed with the taxes to pay for their ever growing pensions just you wait.

Fullerton School Board Ignored Issue of Campus Police Pervert

Paez Barista

For those of you paying attention to the story of Perv Cop Paez, I’ll direct your attention to some correspondence with the Fullerton Joint Union High School Board of Trustees from back in December 2018 when rumors of this story first came to light.

This is an email a friend of ours sent to each member of the school board:

FUHSD re Paez

Hi,

I just heard a rumor that a school officer working with Fullerton police, officer Paez, had naked photos of at least one student on his phone. If the student is underage I understand a name not being released but how many victims are there and do I need to be worried about my children?

Should parents be concerned about their child being victimized?

Is this true and if so is the school district covering this up?

I would hope that you learned something about honesty after Lindgren molested students at Nicholas. Please let me know if these allegations have merit and that Fullerton isn’t in the habit of covering up sexual predators.

Thanks.

Concerned Parent

Only one member even bothered to respond and that was the following paltry message:

Thank you for the information, I will bring this up with our Superintendent tonight. 

Thanks,

Andy Montoya

So there you have it folks. A Fullerton Police Officer, in his capacity of School Resource Officer, was allowed to roam campus unchecked, film up the skirts of teachers and students, delete his own Body Camera videos with no oversight and allegedly store child pornography on his (department issued?) phone and you the public get to know nothing.

The Fullerton High School Board of Trustees won’t even bother to respond to you if you’re concerned about such things as predatory officers abusing their power to peep on your daughters.

To this day the school board has remained mum, the police chief put out a press release extolling his own virtues and you can bet our useless council will pat the department on the back for the bare minimum that was accomplished here.

How many students were victims of Fullerton PD while on campus? How many have a #PaezMeToo story to tell? Are your kids safe from predators while on campus? You don’t have a right to know according to the Fullerton Joint Union High School Board and Fullerton Police Department.

FUHSD School Board

The Dysfunction of Downtown Fullerton

Friends for Fullerton’s Future just received a disturbing story accompanied by a photograph that seems to encapsulate the Downtown Fullerton experience:

Hey, FFFF, I wanted to send along a story about what happened to me a few weeks ago. About 2 am a friend and I were walking along the north side of Commonwealth. Across the street we could see some kind of free-for-all going on. Then the crowd ran off leaving two people lying on the ground. By the time we crossed over to see what the damage was, the Fullerton police had arrived. The two people, a guy and a woman, were bloodied and obviously beaten. One of the cops saw me observing the scene and asked if I wanted to be arrested.

Rather than provide information about what we had seen, we decided to move on. But before we left I turned around and took this picture showing the woman pleading with four cops who appeared indifferent to whatever physical abuse she had suffered.

Sad. 

Yes, Friend, it is sad. Our “leaders” have created, nurtured, and encouraged a culture of mayhem where sometimes it’s hard to tell the victim from the perpetrator and where the cops are seemingly anesthetized to the weekly blood bath.

More Good Times; Stompin’ at the Slidebar

Who’s on first?

A couple of weeks ago Jeremy Popoff’s Slidebar employees and clientele provided more examples of the sort of high class behavior favored by our city council and particularly our lobbyist/councilcreature Jennifer Fitzgerald who has been running cover for Popoff for years and years. You may recall that Slidebar has never gotten the required CUP even as city officials like Fitzgerald, Bruce Whitaker and Party Planner Ted White have schmoozed and petted its miscreant owner.

Hiding the tats won’t help…

Everybody seems to be ignoring Slidebar’s violation of planning and nuisance laws until the laws can be watered down so much even a professional douchebag can slime by without comment.

Here’s the video

At the outset you can see a bouncer on theft serially pound some hapless dude already on the ground and then go for a head stomp for good measure.

In the open-air saloon known as Downtown Fullerton it’s often virtually impossible to distinguish between the bad behavior of the bar-hopping patrons and the low-lifes hired to control them.

 

Suicide by Cop vs. Murder by Cop

17yo Shot on Freeway

For some people the release of video showing  the “justified” July 5th shooting of a female teenager by a Fullerton policeman is cause for celebration. Well, we can store that information in the Sad Troll folder and move on. Really, though, one must linger over the sad state of affairs when the FPD has to broadly publicize the fact that their man didn’t kill anybody illegally, with malice or by incompetence.

What a difference eight years make, right? For on July 5th, 2011, and in the months following, the FPD made every effort to hide, lie about, obfuscate, deflect, and misdirect information in the wake of their illegitimate killing of the homeless man, Kelly Thomas.

Has the FPD opened a new chapter in its relationship with the public that supports it?

Maybe. I don’t know, but I doubt it.

When there is exculpatory evidence, it seems, the police are only too happy to release information; thus, within one week of the recent event, the dead teenage girl’s demise was the subject of an FPD press video, complete with  slow motion footage showing what happened. And yet when police actions are reckless, incompetent, or even criminal, the PR apparatus retreats into the bunker and cannot say a word.

We’re gonna kick your ass…

This is the twisted legacy of former Chief Pat “I Hired Them All” McKinley and the goon squad he imported from the LAPD.

What we have here is failure to communicate…

As we saw with McKinley’s second successor, Chief Danny “Galahad” Hughes, when something bad goes down the department has taken the position that the best medicine is not overdue reform, clean-up and real accountability, but a stiff dose of community relations and departmental tours. This, even as Hughes himself participated in the most dubious undertakings.

We aren’t very nice, but we sure are expensive…

Maybe someday police departments like FPD will come to realize that covering up for bad police work is itself bad police work; that the public that pays for their salaries, benefits and early “retirement” ought to be served instead of abused; and maybe, just maybe, people in California will start getting honest answers and timely, truthful information instead of phony or non-existent “internal” investigations, shifting stories, and outright deception from the police.

 

Did Danny Hughes Order the Joe Felz Cover-up?

Dearly Departed Sappy McTree

This blog has written countless stories about the sordid tale of former Fullerton City Manager Joe Felz’s Wild Ride back on Election Night 2016 when he hit a tree and allegedly attempted to flee the scene of the crime.

This blog actually filed a complaint with the city which led to the firing of Sergeant Jefferey Corbett who is now facing a felony rap over this incident.

For context we also wrote about when former Chief Danny Hughes said the following at a nuisance hearing back in 2017 (emphasis added):

“When there is a, especially in the city of Fullerton, where there is somebody, whether it be a City Council Member or in this particular case the City Manager, those types of incidents are gonna, what I would describe, blow up. No matter what that decision is made regarding the outcome of that case there there will be allegations and conspiracy theories and all sorts of information that comes from that.”

Really we’ve been watching this story since it started and now we have some salient details to share with you good citizens. So let us put Hughes’ conspiracy take to the test.

Here is FPD’s version of the actual events that happened on election night 2016 starting with what Officer Gibert told the investigators tasked with looking into the complaint against the FPD handling of the Joe Felz DUI incident (emphasis added):

“Gibert said he had six and a half years of experience as a police officer. Gibert said he had conducted approximately 700 D.U.I. investigations and assisted in an additional 150 to 200 D.U.I. investigations. Gibert acknowledged that he was taught to enforce the law without any favor.”

I asked Gibert to tell me what he recalled regarding his involvement from the collision investigation involving former City Manager, Joe Felz. Gibert told me the following:”

The radio call was of a vehicle collision. While Gibert was on his way to the location, dispatch advised the vehicle was trying to leave the scene. Gibert was the first officer on-scene and as he arrived, he saw the vehicle travelling west bound. The vehicle appeared to be disabled, but was still partially moving. Gibert then initiated a vehicle stop and as a result, the vehicle came to a halt. As he was exiting his unit, the vehicle began to move again. Gibert put his unit back into drive not knowing if the vehicle was going to try to leave. They moved a very short distance and came to a complete stop. Gibert then placed the front of his police unit bumper up against the vehicle’s rear bumper in case he tried to flee again. Gibert explained that he tried to pin his unit up against the vehicle so the suspect would not endanger any civilians; this also positioned Gibert to possibly conduct a P.I.T. maneuver if it were necessary.”

At that point in time, the vehicle stopped. Gibert believed Corporal Jim Boline was next onscene and walked up on his passenger side. They ordered the driver (Joe Felz) out of the vehicle. Gibert had the Felz facing away from him. As Gibert placed Felz’s hands behind his back, he identified himself as Fullerton City Manager, Joe Felz. Gibert stopped his investigation or any questioning at that time and had Felz sit on the front bumper of his police unit. Gibert then requested for a Sergeant to respond to the location.

But then, oddly these bits come out:

“As he was handling the traffic collision, he chose to not mark “hit and run” on the form because of the distance from Felz’s vehicle to where the initial collision occurred.”

He had to do force the vehicle to stop and prepare for a P.I.T. maneuver but didn’t consider it a hit and run? That makes little to no sense.

That then compounds another problem:

“I asked Gibert if he was aware of the email sent by C.S.I. Technician Victoria Mayhew to Lieutenant Mike Chocek. Gibert said he was not familiar with the email. As a result, I read him the content of the email. Gibert commented by stating the portion of the email involving him was accurate. Once Mayhew arrived on scene, Gibert told her to just photograph the damaged tree. Gibert said he was trying to limit the exposure of how many people were involved with this case. Gibert stated that C.S.I. would not normally photograph the vehicle since this was not a hit and run investigation.”

Gibert, with 700 DUI investigations under his belt, saw Felz try to flee a scene and smelled alcohol on the suspect. Owing to Felz’s position of authority a Sergeant was called. That Sergeant was Jeffery Corbett.

On September 7, 2017, FPD Records personnel performed a CAD search to reveal how many DUI investigations Sergeant Jeff Corbett conducted within the last 5 years. Zero investigations were located.

For a DUI investigation an Officer with 700 DUI investigations was replaced by one with 0 in five years. In fact, Corbett wasn’t even certified as a Drug Recognition Expert according to Officer Franke:

“Corbett was decertified as a D.R.E. because he did not submit the required recertification paperwork to Sacramento. To Franke’s knowledge, Corbett has not attempted to get recertified as a D.R.E. since then.”

Everything Corbett did looks to have been wrong and done simply to not collect evidence.

“In regards to the Walk & Turn test, Franke’s overall feeling was as if Corbett was conducting a cursory, “Lets hurry up and get this done; I want to see what you’re able to do and not do” type of investigation.”

“According to Franke, it would have been fair for the people of California to see if Felz was or was not intoxicated. It would have also offered the opportunity to offer exculpatory evidence that would have been fair to Felz. What Corbett did on scene, was a “Gross deviation” of the training he received in the past from Franke and the D.R.E. Program. Franke stated that it seemed as though the test was stopped to prevent any more incriminating evidence to be revealed.”

It goes on to explain what Corbett did and why he claims to have done it and here are the big takeaways (emphasis added):

“I then asked what Corbett meant when he told Officer Haid, “Nobody has done any FSTs, nobody’s done a breathalyzer, so technically we don’t have to go deuce, we can just a do a TC and drive him back. Corbett said he had already spoken to the Watch Commander (Lieutenant Goodrich) and Chief Hughes at that point and he was explaining to Haid that he was not aware what part of the incident was to be handled by Fullerton PD. Corbett added that he did in fact know that Fullerton PD was at least going to handle the traffic collision report portion of the incident. I asked Corbett to elaborate on what he meant because his answer was not directly answering my question, nor was it making sense. Corbett then added that he was trying not to reveal too much too Haid of what he and Chief Hughes spoke about via telephone. At that point in the interview, I told Corbett that phone records indicated his conversation with Haid was in fact after his first call to Goodrich, but before his calls to Chief Hughes. Corbett then said that did not change anything because he was still waiting on a call back to see what direction the Chief wanted the investigation to take.

I asked why it took approximately 1-hour to start the FSTs. Corbett replied stating that the back and forth phone calls caused the delay in having Felz start the tests. I asked Corbett when he last conducted a DUI investigation on his own. Corbett said about 1-year prior to the incident.”

“Sergeant Corbett said no he was not trained that way, but was only asked by Chief Hughes to obtain a preliminary assessment and that’s why he only had Joe Felz do those two tests.

Sergeant Corbett stated that he specifically remembered Chief Hughes requesting either a “couple” or a “few” tests for the “assessment. I asked Sergeant Corbett if he interpreted that as two tests and he said yes.”

“I asked Corbett if he had knowledge of the on-scene officers’ expertise as it relates to D.U.I. investigations. Corbett stated yes, but Chief Hughes instructed him to be the lead.

“I asked Corbett if he remembered asking Joe Felz if he had recently been drinking alcohol that morning and he said yes. I asked Corbett if he could remember Joe Felz’s response and it was, “Yes.” Corbett said he asked this question because he could actually smell alcohol on Felz’s breath. I then asked why Corbett did not have any follow-up questions after Joe Felz admitted to have consumed alcohol. Corbett again stressed that he was not conducting a full D.U.I. investigation and only wanted to obtain basic information to report back the Chief Hughes. I then asked Corbett why he didn’t ask Joe Felz if he had been drinking prior to the two tests he had him perform. Corbett again said he did not ask Joe Felz prior to the FSTs because he was only asked to do a preliminary assessment.”

“I then asked if Corbett has ever terminated his questioning after asking the subject if they had been drinking like he did with Felz in the past. Corbett did not directly answer my question and again said he was only asked by Chief Hughes to get a physical assessment.

“I asked Corbett if he remembered turning the 502 form in with the police report and he responded by saying that there was “no need to.” I asked Corbett to explain why he thought it was not necessary to turn in the form. Corbett said it was irrelevant because there was no arrest.  I asked if Corbett still had the 502 form or if he discarded it. Corbett said it was discarded.”

I asked why there was a delay in Corbett downloading his body-worn-camera and he did not recall or explain why that occurred.”

I asked Corbett if he remembered showing Chief Hughes a printed copy of his police report draft. I asked why he showed the report to Hughes prior to it being sent through the normal Versadex chain. Corbett said Chief Hughes requested it.  I asked if it was normal operating procedure for him to show a draft of the police report on a Word document as opposed to submitting it via the internal report database (Versadex). Corbett said it was normal because that is how it was requested by Chief Hughes.”

Corbett wanted to make it clear that his actions were just a “preliminary assessment” of Joe Felz’s intoxication level. Corbett said that if he was conducting a full D.U.I. investigation, he would have had Felz perform more tests and the 502 form would have been completed which included all associated questions found on the form. Corbett did not go that route because he was directed by Chief Hughes who only wanted a simple “assessment of Felz’ intoxication level”. Corbett was asked by Chief Hughes to perform a couple tests and that’s what he did. Once Corbett obtained the assessment, he called Chief Hughes to relay the information. Corbett then was waiting to see if he was going to handle the rest of the investigation or relinquish the incident to another agency. Corbett again said that he would have done more if he was told to investigate further.

Read the whole report HERE.

It certainly reads like Danny Hughes misled the city council at the very least and orchestrated the Felz cover-up from the start.

Hughes claimed in his letter to council the following:

“I informed the Watch Commander that I would call the sergeant to obtain additional information and that I would have the field sergeant conduct a preliminary assessment by performing Field Sobriety Tests and if the sergeant believed there was a level of intoxication that met the criteria to be a violation of the law, we would contact the CHP to investigate.”

The CHP were not contacted and Sergeant Corbett did not conduct a full investigation.

What Happened to School Resource Officer Jose Paez

Paez

Something untoward may have been happening at Fullerton High School and the entire community appears to have been once again kept in the dark.  Your children may have had their privacy invaded & may be the victims of somebody they were told to trust.

We’ve received what looks like part of a Body Worn Camera audit and it shows some very questionable information.

Paez BWC Audit

Highlights are as follows (emphasis added):

  • Father reporting his 13 year old daughter having inappropriate relationship with 16 yr old boy. Paez takes photos of text messages from father’s phone with an iPhone.

  • Returned to a home, asked teenage boy and girl if he could get their mother’s phone number. He wrote it on an envelope he was holding with name “***”.

  • Texting on freeway while driving to CHOC with a suicidal teenage girl in backseat.

  • With an iPhone he takes 13 photographs of text messages between 422 victim and suspect from victim’s phone using an iPhone. Unsure if his own or PDs.

  • While investigating Snapchat Hacking report, he takes picture with iPhone of victim girl’s phone screen that has text messages and what appears to the girl in the shower. Girl is 17 years old. At 8m 30s he asks the girl to take screenshots of the conversation (presumably the one he had just photographed) and send it to his work email so he can add it to the case. Why did he take photos with phone?

  • Talking with an 18 year old woman – about some sort of sex crime involving her ex-boyfriend . He tells her there was mention of a sex video. She said it was deleted. He asked to see her phone to confirm the video was not there. She tells him she has “inappropriate” pictures of herself on her camera roll. He takes her phone and scrolls through the pictures. He spends 4 minutes 20 seconds scrolling through her phone.

  • Talking to teenage boy about oral sex video on his phone. Stops recording before interview is over. Next video is 2 hours later with boy’s mother in the room.

  • Talking to girl who took videos and pictures of herself and her boyfriend having sex. Paez pulled the video from his own iPhone to show her. (Not sure if work phone)

  • Takes picture of a teenage boy he is interviewing at a school. Appears Paez adds a caption to the image and sends it to multiple recipients.

  • Takes photos of juveniles phone text messages. Unk if work phone or personal.

  • (17-68541) Paez investigating one juvi with another juvi’s nude pictures on phone. On this case he called CSI to take photos of the images he discovered on the phone.

  • Interviewed a female teacher wearing a skirt. Had his BWC on his belt. Of the 200+ videos I watched of his, this was the only time I’ve seen footage with BWC on belt. Had pretty clear view, under the table they were sitting at, of her knees to hips. Fortunately, nothing “candid” was captured on his BWC. I checked audit trail and discovered he watched the video only once about a month later. Interestingly, the video that preceeded this one was deleted. The deletion occurred because the category was changed, by Paez, from “Arrest” to “Radio Calls”, which changed the deletion schedule from August 29, 2019 to March 04, 2018. Attached is the audit trail for the deleted video.

Make of all of that what you will but quite a bit of it seems like questionable behavior at best.

It is interesting that Officer Paez was able to delete files from the system by changing categories. It would be enlightening to know how often this happens at FPD. That there seems to have been no oversight on this process up this point is problematic to say the least.

Fullerton Officer Jose Paez may or may not be with the Fullerton Police Department anymore, we’ve seen no confirmation either way, but we do know that he was a School Resource Officer (SRO) at Fullerton High School.

This is confirmed though an March 2, 2017 article in the Fullerton Union High School Tribe Tribune.

Paez Tribe Article

We also know that this status as an SRO is no longer current based on FPD’s website about the School Resource Officer program.

FPD SROs 2019

I understand the premise of innocent until proven guilty, but unfortunately, Fullerton PD does not — as they parade names and faces on social media to brag about their arrests while they themselves hide behind the Police Officers Bill of Rights and other such laws. I’d love to give officers the benefit of the doubt but they, through their unions, fight tooth and nail to stop disclosure of criminal acts amongst their brothers and sisters in blue, and enough is enough.

It’s possible that Officer Paez did nothing wrong and I’ll leave that up to the readers to demand answers from City Hall, Fullerton High School and FPD. It seems inappropriate at best to be using a Body Worn Camera to potentially video record under a teacher’s skirt, under a table, or taking screenshots and photos of underage nudity on a phone that might not even be department-issued.

It should be remembered that just a few days ago I showed Christopher Wren was terminated, partially, for having a nude photo of himself on a department-issued phone. Now square that with the above. I’ll share more as I know it and hopefully somebody can demand and get answers as to what is going on over at FPD and City Hall.

Fullerton’s City Prosecutor Threatened Me

Idiot Palmer is on the right

Thanks to our friend and contributor Lonnie Machin’s recent posts on this blog, the City of Fullerton has decided to send a Cease and Desist letter threatening me and “Friends for Fullerton [sic]” with legal action.

Cease and Desist - June 2019

The letter in it’s entirety is as follows:

Joshua Ferguson
Friends for Fullerton
Re: Cease and Desist – City of Fullerton Police Department

Dear Mr. Ferguson,

It has come to the attention of the City of Fullerton that you have recently published on your website documents which have clearly and undoubtedly been sourced from the confidential personnel files of several current and/or former Fullerton Police Officers. The State of California has statutorily recognized this right of confidentiality. (See Penal Code §§ 832.5, 832.7 and 832.8.) Any disclosure of such confidential records is strictly limited and must be authorized by a court order from a Superior Court judge. (See Evidence Code §§ 1043-1047; Pitchess v. Superior Court(1974) 11 Cal.3d 531 and its progeny.) Indeed, the Fullerton Police Department has an affirmative duty to resist attempts at unauthorized disclosure and the officers who are the subject of such records expect their right of privacy will be respected. (See Craig v. Municipal Court for the Inglewood Judicial District et al. (1979) 100 Cal.App.3d 69.) Finally, the improper disclosure of such records is prosecutable as a misdemeanor violation of law under Government Code section 1222 (See Attorney General Opinion, 82 Op. Att’y Gen. 246 (1999).) Any person facilitating the illegal disclosure of such documents in violation of the law may be prosecuted as either a principal in that crime or as an aider and abettor.

For all these reasons the City of Fullerton demands you immediately:

1. Remove these Confidential Documents from Your Blog within one hour of your receipt of this e-mailed cease and desist letter;

2. Refrain from posting any other Confidential Documents illegally obtained to Your Blog in the future:

3. That you immediately send to our office within 24 hours all Confidential Documents you and your employees have in your possession. You are also instructed not to make any copies of the Confidential Documents in any form (including but not limited to electronic, imaged, hard copies, etc.)

3. That you immediately delete all electronic copies of the Confidential Documents in your and your employees’ possession.

Your failure to follow these instructions can result in legal action being taken against Friends for Fullerton’s Future wherein the City will seek all necessary legal remedies.

We require your immediate compliance with this cease and desist letter. Notify the undersigned of your compliance with the above within 24 hours of your receipt of this correspondence.

Thank you for your prompt attention to this matter.

Gregory P. Palmer
City Prosecutor
City of Fullerton

(more…)

Fullerton Police Cut a Deal to Bypass the Law

As hinted yesterday, we received an anonymous piece of correspondence with a copy of the separation agreement between “Lieutenant” Kathryn Hamel and the City of Fullerton.

It is quite an interesting read. We aren’t the only outlet to receive this so we’re curious to see what coverage, if any, this receives in the press.

From what we have gathered Officer Hamel had at least two internal affairs investigations into her actions. It is alleged that one of them was for giving false statements.

These internal investigations were dropped as a condition of this settlement specifically to avoid disclosure under the law known as SB1421.

To quote the agreement (bold emphasis added, caps lock in original):

“The City will revise its Notice of Intent to Discipline Hamel to remove allegations relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness.  The Interim Police Chief will place a notice in the file indicating that, pursuant to settlement, all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained.   The IA investigation, and related materials including the revised Notice of Intent to Discipline,  will be sealed and maintained in the Human Resources Department, and only in the Human Resources Department, with a notice reading:  “THIS IS A SEALED FILE AND SHOULD NOT BE DISCLOSED OR OTHERWISE PRODUCED WITHOUT WRITTEN PERMISSION FROM THE CITY MANAGER, AND ONLY AFTER RECEIVING A WRITTEN OPINION FROM THE CITY ATTORNEY THAT SAID RELEASE OF INFORMATION IS REQUIRED UNDER APPLICABLE LAW.”

“The City asserts, based on a “not sustained” finding of all charges, that any and all records relating to this investigation are not subject to release under Senate Bill 1421.  The City further asserts that any challenge to this legal opinion by any entity will be defended by the City – in court if necessary – to the fullest extent.”

Since Jerry Brown made it possible to find out when police lie, sexually assault people and cause great bodily harm through SB1421 the police and local governments in CA have been scrambling to find ways to block it’s implementation or ways to work around it and here we see one of those ways.

We citizens should fully expect that this is going to be the new normal.

Lacking consequences the police will continue closing cases and ending investigations to protect their own. Watch as the councils and mayors of our city and state do nothing for fear of union funded reprisals at the ballot box.

This is what happens when there is no objective civilian oversight and departments are allowed to handle their own investigations into the wrongdoing of their friends, family and co-workers. (more…)