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 Anon2 on September 16, 2015 - 9:00 pm
Lawyer, dont try to help Barry. He’s not going to listen. And it’s amusing watching him make a jackass out of himself every first and third Tuesday!
#2 by just an observer on September 18, 2015 - 5:36 am
Let me preface by saying that in the past, I have strongly supported our Police Department and have always been against outsourcing our police and fire services. I do however, have some dire concerns over the apparent strange dichotomy Mr. Levinson so articulately pointed out.
It has been alleged here and on other sites critical of the FPD that Dan Hughes has been part of the culture of corruption for decades. He has been alleged to have lived deep in it. The real question at hand is how much of it has he had control over since he became chief. I have read the complaint that Dan Hughes penned and filed against Mr. Levinson and Mr Gutierrez. I find it deeply concerning that when compared against the city’s video provided on this site, there is no connection established between the alleged facts of the report and the footage.
Mr. Levinson’s points were well spoken and his points well taken. To me the gist of his points were very simple. If potentially baseless allegations were made into a criminal complaint with the video evidence of a non event involving Mr. Levinson and Mr. Gutierrez failing to remotely resemble what was alleged, then why would Dan Hughes press the issue with the fullest vigor and legality? Why would Dan Hughes ignore what Mr. Gennaco’s findings were as they related to FPD officers Craig and Rubio. After all it was a murder trial and a man was killed. What allegedly occurred with Mr. Levinson and Mr. Gutierrez appeared to involved no physical contact whatsoever from what I could discern from the footage.
It certainly could be reasonably argued that Dan Hughes “picks and chooses” his battles from a POLITICAL perspective and this could be a case and point example of just that.
Oddly enought, the council had absolutley no response to Mr. Levinson’s concerns that were presented and I sat through the entire meeting. By the end of the evening, I was in utter disbelief while of all people, Bruce Whitaker, appeared to completely ignore everything he said.
There certainly seems to be large rifts forming in all segments of the political landscape in large part due to the polarizing effect of Mr. Imbriano and this website. The borders and parameters surrounding what is debatable have certainly broadened since the Informer entered the scene.
What I really fear is that without unity among the conservative factions, there will remain little hope for any much needed meaningful change that Fullerton so desperately needs. Drastic changes may never be possible due to the cognitive dissonance shared by the entire strata of the community.
Real leaders lead and I firmly believe those that can’t won’t survive and those that can will eventually emerge. It will be an interesting election cycle in 2016 for sure. I think just about anything is possible now with all of this splintering of what once seemed solid.