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 21, 2015 - 10:36 am
Mr. Levinson, does this mean that those who choose not to attend don’t care about Fullerton, are not decent, have no integrity or no courage?
Never cared for the strategy of trying to shame people into doing something.
By the way, you should read comment No.1 listed after this blog post. Sums the facts up rather succinctly.
#2 by Joe Imbriano on September 21, 2015 - 12:22 pm
I would say that your statement directly applies to those phonies in office and running for office that remain silent on the issues albeit it never stopped any of you from framing or marginalizing the messengers.
Lawyer, they lied, a man was murdered and the killers are on the loose. Dan Hughes needs to investigate these officers. If they have a different understanding of procedures that a standardization unit entity such as Gennaco does, then it needs to be critically analyzed by Hughes because there are still killers on the force and they will kill again.
#3 by lawyer on September 21, 2015 - 1:26 pm
Since you seem to have such a solid understanding of the law, perhaps you can tell your readers where you attended law school?
I will say it again, statements made by those two officers on the stand were their opinions. If they lied, it would be up to the D.A. to expose. He could have asked 2-3 simple questions on cross examination to reveal that. You should be taking your fight to the Orange County Board of Supervisors, or better yet, to the D.A. himself. Why don’t you demand that the D.A. seek perjury charges against the two officers. Has nothing to do with Hughes …. nothing, zilch, zero.
And while we’re on the topic, you keep alleging that Mr. Levinson was the target of some sort of frame up by the police. If you or he are so certain of this, file a lawsuit for malicious prosecution. As you are well aware, plaintiffs sue the police all the time. You can hire Ron Thomas’ attorney Garo Mardirossian, who has sued FPD five times.
People like you and Mr. Levinson crack me up. You both stand at the podium in council chambers with cameras rolling and accuse public officials of crimes and malfeasance. Ok smart guy do something about it! Put your money where you mouth is! Get a lawyer and file a lawsuit! Contact the DA! Contact the State Attorney General! There are attorneys out there who live for these kinds of cases.
#4 by Mark Powell on October 6, 2015 - 10:28 pm
A Hindu, a Jew and a lawyer were taking a road trip through the backwoods of Tennessee.
They had been driving all day and were tired, but there was no hotel to be found. They came across a farmhouse and decided to ask the owner if they could stay with him for the night.
“Sure, y’all can stay here,” the farmer said. “But the bed in the guestroom only sleeps two people, so one of you will have to sleep out in the barn. Don’t worry – it’s nice out there. I sleep there myself when the wife is mad at me.”
The barn sounded fine to the Hindu.
“You two fellows take the bed and I’ll sleep out in the barn,” the Hindu said.
The lawyer and the Jew were getting settled down in the bed when they heard a knock on the guestroom door. It was the Hindu.
“There’s a cow at there,” he said. “I’m not sleeping under the same roof as a cow.”
“That’s fine,” the Jew said. “You two take the bed and I’ll sleep out in the barn.”
The lawyer and the Hindu were getting settled down in the bed when they heard a knock at the door. It was the Jew.
“There’s a pig out there,” he said. “There’s no way I’m sleeping with a pig!”
“That’s fine,” the lawyer said. “Y’all take the bed and I’ll sleep in the barn.”
The Jew and the Hindu were getting settled down in the bed when they heard a knock at the door. It was the cow and the pig.