Barry Levinson on the confidential Gennaco report on the Kelly Thomas murder


It has been said that integrity can be defined by how one behaves when no one is looking. images

WE ARE ALL LOOKING NOW

Former members of the FPD were responsible for the brutal death of Kelly Thomas

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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.

Michael-Gennaco1

READ IT HERE

Kelly-Thomas-Gennaco-report

Last night, a brave member of our community, Mr. Barry Levinson

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.”

Jan-M.-Flory

 

Lets see if the residents get some answers.  We will keep you posted.

 

  1. #1 by Barry Levinson on October 28, 2015 - 1:15 pm

    A big thank you to all of you for keeping this very important issue front and center.

    We are all still waiting for Fullerton Police Chief Dan Hughes to respond to the Gennaco investigative report. The taxpayers paid tens of thousands of dollars for that report and Dan Hughes owes the public an explanation.

    • #2 by Reality Is on October 28, 2015 - 7:30 pm

      Do you really think he will ever address your request? Honestly? Maybe after the city wins the civil suit?

    • #3 by Realty Check on October 29, 2015 - 11:49 am

      Reality Is certainly makes statements inferring he is a FPD officer. He believes that our Chief of Police will continue to ignore the people of Fullerton and not answer any questions about the huge disparities between the testimony of two of his officers, one his training officer and the other the 2013 FPD Supervisor of the Year and the very stark and different conclusions of the Gennaco report. The same report we the people paid for and which the city and the FPD itself stated would be the basis for FPD reform. He may be right but it is nothing to brag about. In fact, Realty Is proves that the FPD is corrupt. You can’t reform the FPD when it ignores the serious conclusions about wrong dong by its officers including the Supervisor of the Year 2013, Kevin (I see nothing, nothing, nothing wrong) Craig.

      Folks when you give civil servants, guns and the power to arrest you and then allow them to be unaccountable you should not be surprised when it leads to tragic outcomes for some members of the public.

      It is people like Realty Is that help make our point about our deficient city government.

      Our system of government was designed with checks and balances to ensure accountability by our elected and appointed leaders. We do not have these safety measures in place in the City of Fullerton. As a result every person living or working in Fullerton should be very, very concerned. Joe Felz and Dan Hughes along with a majority of our city council are to blame for this very sorry and sad state of affairs. Please attend a Fullerton Council meeting and look into the eyes and at the souls of our leadership. It is a chilling experience.

    • #4 by Reality Is.... on October 30, 2015 - 1:26 am

      Close but not exactly. Hughes is done with the Kelly incident. It’s in the books. He did his investigation and it had nothing to do with the Gennaco report. Separate investigations done by separate people. Hughes did his and he disciplined the parties he felt needed to be disciplined. POBAR protects those officers from the public knowing the discipline but as you know Cissy and Ramos were fired. I know Cissy wants his job back, and the city will probably just pay him off in the end since he was found not guilty. Not sure the current status of Ramos. I think he just gave up.

      So yes, Hughes punished the people he felt needed to be punished. Once that happened, it’s over. They can’t be double punished. Gennaco report was for the city to know what he thought went wrong or didn’t go wrong, and change things if need be for the future. Hughes did some of that. Nothing in the report had to be done. He’s the Chief. He runs the show. The City Manager I’m sure had a say in what he does. City Manager is the big boss. But the City Manager held his job through all the turmoil and Hughes was made permanent Chief, even though he was the actual boss during the Kelly incident, and I think he’s done a pretty damn good job.

      So yes, like I said, they laugh at you when you bring up that old stuff. It’s all history. It’s all in the books. A jury found them not guilty criminally and they were fired anyways. The rest of the cops there that night are right in front of you working for the City today.

    • #5 by Reality Is on October 28, 2015 - 7:31 pm

      And wasn’t it commissioned by the city manager outside and independent of the PD and Hughes?

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