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 Fullerton Resident on October 30, 2015 - 2:29 pm
In the above post, which was read during public comments at the September 15, 2015 Fullerton City Council meeting, Mr. Levinson made this plea to the council as follows:
“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.”
Disgracefully, our city council has totally ignored what Mr. Levinson said that evening. Not one council member to date has demonstrated either the integrity and/or the bravery to speak out on this very important report.
Council members should not be given the privilege to continue representing us if they ignore the findings and conclusions in that report.
There will be three council members up for reelection in 2016. I in good conscience could not vote for any current council member who continues to ignore the leaked Michael Gennaco investigative report. Therefore, time is running out to do the right thing.
#2 by Reality Is..... on October 30, 2015 - 5:40 pm
and the fact is it wasn’t perjury if he would do some research and understand the process in place. Testifying on their opinion of a case versus policy is their opinion. It’s not fact. He wasn’t there. He didn’t see it. He reviewed the video and gave his professional opinion. Understand? If they investigate he would say the same opinion at that time as well. See? If you asked him again today, they would say the same thing. It’s their opinion. Gennaco has his opinion. Clearly they will never match up exactly. Never will. Neither one is confirmed gospel. If a cop and a bad guy engage in a conversation and force is used, many different people would have many different opinions as to how policy was adhered too or not. There are many different ways to do control holds, and takedown techniques, and cuffing techniques. So yes, keep yelling about that. You will get the same answer you have got thus far. It’s not perjury. It won’t be even if you yell more.