It has been said that integrity can be defined by how one behaves when no one is looking. 
WE ARE ALL LOOKING NOW
Former members of the FPD were responsible for the brutal death of Kelly Thomas
The City of Fullerton hired Michael Gennaco and his office of “independent review” to investigate the incident. Michael Gennaco’s findings are posted here in this previously sealed confidential report.
READ IT HERE
Last night, a brave member of our community, Mr. Barry Levinson
asked the hundred million dollar questions.
MY PUBLIC COMMENTS CONCERNING THE PREVIOUS LEAKED CONFIDENTIAL REPORT (ENTITLED THE “INTERNAL AFFAIRS INVESTIGATIVE REPORT INTO THE IN-CUSTODY DEATH OF KELLY THOMAS by the OIR GROUP HEADED BY MICHAEL GENNACO) BEFORE THE CITY OF FULLERTON CITY COUNCIL ON SEPTEMBER 15, 2015 WITH SOME ADDITIONAL THOUGHTS by Barry Levinson
“The previously sealed Fullerton Police Department Internal Investigation concerning the brutal beating death of Kelly Thomas reportedly stated the following:
“Three of the four Fullerton police officers primarily involved in the beating death of mentally ill transient Kelly Thomas violated a series of department policies, including use of force, according to an internal affairs investigation report obtained by Voice of OC.”
The conclusions of this report issued in April 2012 well over a year before the start of the criminal trial of Ramos and Cincinelli, seems to contradict the sworn testimony of both Fullerton Police Department Training Officer, Corporal Rubio and Fullerton Police Department Sergeant Kevin Craig. They both testified that they saw no major violations of the Fullerton Police Department Policy Manual during the brutal beating death of Kelly Thomas and the subsequent police response to his injuries.
Question: Did FPD Police Chief Dan Hughes provide this crucial piece of evidence to the OC DA?
Question: Didn’t the failure to admit this crucial piece of evidence at the trial refuting the testimony of both Craig and Rubio help to achieve not guilty verdicts?
Question: Why hasn’t Dan Hughes suspended or taken other disciplinary action against both Craig and Rubio for allegedly committing perjury in a criminal trial?
Question: Why didn’t Police Chief Dan Hughes take action to open up a police investigation concerning the alleged perjury by two of his officers? Why did he not follow the same course of action for this alleged felony perjury case as his department did with regard to my baseless misdemeanor case that was later dropped by the OC DA for lack of evidence? Is it asking too much of our Police Chief to treat with the same seriousness an alleged felony perjury in a murder trial by two of his officers as he did with my bogus misdemeanor case?
To all of you on the dais, I ask for an independent investigation on the felony perjury allegedly committed by Sergeant Kevin Craig and Training Officer Corporal Stephen Rubio?
I sincerely hope that this council does not ignore what I have presented to you tonight.
We keep hearing in this chamber that the new Fullerton Police Department is doing everything possible to regain the trust of Fullerton residents. Clearly this confidential report shows us that a lot more needs to be done to regain that trust.
That concluded the statement I made during public comments at the September 15, 2015 Fullerton Council meeting.
PS: It is extremely informative to note that it was Council member Jan Flory who while I was in mid- sentence interrupted my 3-minute presentation. She attempted in vain to get our City Attorney to rule that this information that has been out in the public purview for several months could be blocked from being disseminated by a private citizen, yours truly. She also strongly inferred that I was doing something wrong by revealing the conclusions reached by this report penned by expert Michael Gennaco hired by our city to both make recommendations to fix our police department and report on the actions of those 6 officers the night of the Kelly Thomas beating death. Ms. Flory valiantly tried to keep the truth from the public last night. In my opinion this showed where Ms. Flory’s true allegiance lies and it was not with the public.”
Lets see if the residents get some answers. We will keep you posted.
#1 by lawyer on September 16, 2015 - 6:43 pm
Not sure where you got your law degree Mr. Levinson but let me try to help you out here.
Rubio and Craig were called by the defense. They don’t make FPD policy nor are they experts on what constitutes a policy violation, nor do they implement discipline based on policy violations. If, in their opinion, there were no policy violations on the parts of the officers involved with Kelly, then that is their opinion. That is NOT perjury in any U.S. courtroom I’ve been in and I’ve been in many. They are allowed to give their opinion.
Now, the DA could have impeached them with about three questions, which he did not do. DA could have also called a rebuttal witness who IS an expert on FPD policy but chose not to.
Maybe you should go to the next Board of Supervisors meeting and state your grievances about the DA there.
Did you attend the Ramos/Cicinelli trial? For that matter, have you attended ANY criminal or civil trial?
Prosecutors and defense council use so called experts all the time. It is up to the attorney who crosses the the other side’s “expert” to impeach their testimony.
And consider this. Rubio and Craig never saw Gennaco’s IA report before they testified and could not have possibly know what what it said. And if they HAD seen it, they certainly have the right to disagree with it.
Until Ron Thomas chose to leak that report to the media (a move which damn near backfired on him), the only people who saw it would have been Gennaco and Hughes and maybe some attorneys.
Finally – and this is where you are so far out in left field, you should probably just talk on matters you know about because it is definitely not law – The Fullerton police chief would NOT be the one to launch a perjury investigation. It would have been up to the DA to convince a the judge to do that. It does not fall back on Hughes, who had absolutely nothing to do with the trial.
Just trying to help you out here.
Peace!
#2 by Anonymous on September 17, 2015 - 6:23 pm
agreed. Saying Craig and Rubio committed perjury when they were called to the stand to give their opinion is more than a stretch. But it’s fun to think about I guess