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 Rudy on October 6, 2015 - 9:59 pm
Nice job tonight Joe and hats off to Barry. How is it than not one of the council members even addressed the issue? Something is really wrong with these people. I just don’t think Fullerton can be fixed unless we remove them from office and replace them with leaders instead of politicians.
#2 by meh-meh on October 6, 2015 - 11:39 pm
None of the council members addressed the issue because they wouldn’t even dignify such outlandish comments with a response.
Investigate Rubio and Craig for perjury? Really? It is so so obvious that Levinson is a cop hater. Go protest in front of the DA’s office, if you think perjury was committed.
#3 by Kang on October 7, 2015 - 12:17 pm
Nobody cares for us. They only care for getting elected. They no friends of the people only their own kind of connections. We need to have a district elections and this is good reason.
#4 by Barry Levinson on October 7, 2015 - 4:24 pm
meh-meh my two biggest heroes are my dad and his older brother, both career NYC police officers. They served and protected the public with honor, integrity and distinction.
My only problem is with bad police officers and those that protect them.
#5 by Fullerton Lover on October 7, 2015 - 7:34 am
The document that’s enclosed within this link should go a LONG way Rudy in helping you and other readers of this fine blog to understand the thought process of the police and fire department unions in Fullerton that decided to game the elections and start spending their union dues on buying Fullerton city council elections, and to also spend tens of thousands of dollars each election cycle to sully the residents who try to oppose the police and fire unions candidates that the police and fire union sponsor to do their bidding such as Jan Flory, Doug Chaffee, and Larry Bennett.
http://www.fullertonsfuture.org/2011/peer-into-the-thought-process-of-the-fpoa/
#6 by Barry Levinson on October 7, 2015 - 4:31 pm
Rudy, in two council meetings in a row, all 5 council members ignored the 800 pound gorilla in the room, the leaked Gennaco report. We paid $60,000 I believe for that report and its conclusions are very clear.
Did we the taxpayers, pay for something that might have been ignored by our Police Chief, Dan Hughes?
The public deserves answers.
After all it was the newly appointed Dan Hughes who stated that he would improve the communication between his department and the public. We are still waited Police Chief Hughes.
#7 by meh-meh on October 7, 2015 - 7:24 pm
study up on the law Barry. If you really believe that these officers committed perjury, why aren’t you knocking the DA’s door?
No 800 pound gorilla in the room.
Gennaco did his job quite well, as you pointed out.
And Hughes did his job too. Did he not fire three officers?
For the 10th time, Rubio and Craig gave their opinions. If, in their opinion, no policy violations occurred, then that is THEIR opinion. They don’t make policy, nor do they decide when policies were violated.
Again, for the 10th time, the jury saw the video. The jury saw the FPD policy manual as it pertains to excessive force. The DA absolutely had every bit of evidence that existed, including Gennaco’s IA report.
The jury made their decision. if you don’t agree with it … tough! Go bother the DA. Go bother the state attorney general.
#8 by P.C. Transparency on October 8, 2015 - 11:55 pm
Once again you refuse to respond to the facts meh-meh. YOU CLAIM THAT RUBIO (WHO WAS AND STILL TO THIS DAY IS THE FPD TRAINING OFFICER), WAS NOT AN EXPERT WITNESS. According to meh-meh, why should he know anything about the subject matter of his high paid full-time job?
According to meh-meh the fact that he trains all members of the FPD on all FPD policies and procedures does not mean that he should be knowledgable about such a topic.
I and any other objective person have a real problem with police testimony that contradicts the outside, independent expert, Gennaco that our Police Chief was supposed to rely on to “reform” his department. Let us hear from Police Chief Hughes as to who he believes is correct. After all communication and transparency were supposed to be the hallmark of his tenure as Fullerton Police Chief.
#9 by Concerned Fullerton resident on October 11, 2015 - 11:49 pm
I have been following the debate back and forth here. This is an extremely important set of questions being asked of our public officials. It all seems to be coming down to whether or not Dan Hughes and Tony Rackaukus made sure that everyone had a chance to read The Gennaco report. That would include the officers, the prosecution, the jury and the defense. That is the real question that needs to be answered. Dan Hughes should be the person who should answer Mr. Levinson. His questions are more than fair and Mr. Levinson is a resident.
#10 by Reality Is..... on October 15, 2015 - 10:34 pm
Gennaco report is a personnel document and therefore it’s not public. It wasn’t viewed by the jury for sure. It was only leaked by Ron Thomas which will probably cost him a few million by purposefully leaking it. OOPS.
#11 by The Twilight Zone on October 16, 2015 - 12:55 pm
Realty Is calls this report a “personal document”. He fails to state that it was bought and paid for by the Fullerton taxpayers. It was supposed to be used by the FPD Police Chief to reform and revamp the police department and not to be buried along with Kelly Thomas.
Another misstatement by Reality Is relates to the trial. All information pertaining to those officers was subpoenaed by the prosecution.
Just a few more examples proving without a doubt that; Honesty thy name is Not “Realty Is”.
Question: How many times does Realty Is misinform the readers of this site? Answer: How many times does Realty Is post something on this site.
The Power Structure of the City of Fullerton is very worried that the public is now learning the truth about their corrupt city government. The proof is people like Realty Is, nut job, meh-meh and others who troll this site.
Go get them Joe, Barry, Fullerton Lover and Fullerton’s Conscience. Please continue to wake up the sleeping Giant; the good people of Fullerton.
#12 by Reality Is..... on October 19, 2015 - 10:59 am
Go read POBAR twilight zone. It will enlighten you a little bit on why it’s confidential. It’s not that hard to understand for a someone lacking brain cells like you.
Everything I say is fact. You and others just hate facts because it ruins your arguments and your cases. It’s why city council and city leaders ignore your ramblings.
No one is worried in Fullerton. If they were worried they wouldn’t have hired Danny Hughes as Chief. He was the supervisor at the time of the Kelly incident. You think they are scared?
Fullerton went through the phase of people like you trying to buy your own city council. Travis was run out as fast as he opened his mouth. That’s your type of leader.
Kelly was a tragic incident that no one wanted to happen. Kelly made a choice and the jury said it was his fault. Support the system in place. The cops were found guilty and most are back at work patrolling your neighborhoods.
All cops that lie and commit crimes should be held accountable. I feel that they are.
No you covered it all twilight zone. That’s for clarifying everything that I was saying.
🙂
#13 by Danny boy? on October 19, 2015 - 12:18 pm
You are so very defensive of ‘Danny Hughes’. You got a thing for Danny boy?
#14 by Reality Is on October 19, 2015 - 8:49 pm
Maybe im Danny Boy?
#15 by To: Reality Is . . . on October 16, 2015 - 7:20 pm
We get it already. You love corruption, lies, murdering homeless men, corrupt cops, dan hughes, . . .
Did I leave anything out????
#16 by Anonymous on October 17, 2015 - 11:38 am
You did leave a few things out such as police who break the law rather than protect and defend it and power hungry, money grubbing city managers and those council members who are in bed with him.
#17 by whiskey tango foxtrot on October 20, 2015 - 10:12 am
Given the Gennaco report, it looks like The District Attorney had to work overtime to get them off. Look at how the the jury foreman just so happened to be a former assistant DA who had worked for him. Rackaukus made sure he prosecuted the case so he was in total control of every detail down to the last jot and tittle. This was the crime of the century in The OC.
#18 by Anonymous on October 20, 2015 - 11:31 am
Not to mention that I personally know of several witnesses who were contacted by the DA’s Chief Investigator, Stan Berry, only to never be called on or contacted by the DA’s office again?
#19 by Reality Is..... on October 20, 2015 - 3:56 pm
Yep. Just like in any crime, witnesses change their stories or are proven to have not even seen the actual event. Happens all the time. When those witnesses were proven, after the video was seen, that their stories weren’t anywhere close to the video, why would they use them? No point. They are proven liars. That’s why they don’t release video right away. They have to get the statements from everyone numerous times, get it all documented, then view the video. Most street witnesses especially just make it all up. Like Michael Brown’s case. Hands up Don’t shoot sound familiar? Yep all proven false just like most of the other witness statements. Yep.