Posts Tagged Joe Felz

Fullerton Police Officers receiving Grand Jury Subpoenas for the alleged Joe Felz Dui coverup

IS IT ABOUT TIME OR IS IT JUST A GRAND CHARADE ORCHESTRATED BY THE GRAND WIZARD OF THE DA’S OFFICE TO GET THE GRAND JURY TO WHITEWASH THE MOST CLEARCUT CASE IT HAS HAD ITS HANDS ON IN YEARS?

Is Tony Rackaukus yanking everyone’s chain again? I have done all I can on this one. The chips will now fall where they may and the charges will be felonies if they are actually brought. The one year clock has run on misdemeanor obstruction of justice charges, and because the power structure all doubled down and tried to bury this, the only thing left on the table if they find reasonable evidence which I believe exists will be to charge the officers and command staff with FELONY OBSTRUCTION OF JUSTICE IF THE GRAND JURY decides TO BRING THEM UP ON CHARGES.

 

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Fullerton city officials are working behind the scenes to develop the 65 acre Kimberly Clark site into a massive metropolis of high density housing.

Kimberly Clark’s Fullerton complex

While the State legislature continues to push for the strip mining of local control over massive development, developers have had their sights on the last frontier for Fullerton. This is THE LAST PARCEL OF ITS SIZE left in the community. Developers have been in secret talks with City officials for some time while Kimberly Clark kept a tight lid on their plans to sell off the parcel to developers.

rail lines connect the facility

 

While a zone change is required to convert this property into residential property right now, State law may change all that and very soon. The State is currently deep in the throws of Agenda 21 and with it, a push for transit oriented development. As long as a property is adjacent to rail, SB 827 will allow for massive high density development on the site which overrides any local opposition to the project.

The “KC Spur” off of Kimberly.

The Kimberly Clark Fullerton mill has daily rail service. This rail line serves the facility and will serve the coming metropolis.

Former city manager Joe Felz

A source to the Fullerton Informer indicated that our former City Manager, Joe Felz was reported to have been in negotiations with a group of investors to build approximately 5,000 units on the property, up to 20 stories in height.  This will be the largest development in Fullerton history and could add 40,000 or more people to the city. This is what the project could look like. Pan Pacific investors are actively working to make the nightmare a reality.

Fullerton is an Agenda 21 city and there are plans to double or triple our population within the next 20 years. The project now is simply in the planning stages and in discussions off the record as usual. This deal had been planned years ago, but only now do the hundreds of workers that make good money at the mill finally realize the day is coming where it is all coming to an end.

We are getting very close to losing all local control over development as SCAG, CARB, and the legistalture all usurp their authority as local officials look the other way waiting for the payday. The fact is that there is no stemming the tide of wealth that is literally breaking down the doors to flow into Southern California and turn this place into a high rise metropolis hell hole like in Korea or other parts of Asia that will leave this community unrecognizable in a very short period of time. Our leaders have sold us out time after time. I suspect, in this instance they would sell their sister off to get this deal through. There will be massive bribes involved in this one believe me. This community needs jobs, and a return to its bedroom community way of life not a metamorphasis into downtown Los Angeles which the streets seem to look like more and more.

I am optimistic that we can remain vigilant and vehemently oppose any rezoning of these 65 acres into residential use. Fullerton needs to actively seek and recruit businesses here like there is no tomorrow. When the mill closes late next year, let’s hope, barring the passage of SB 827 or other similar bills, a new generation of residents will be driving to the old KC site to work and be home in time for dinner with their families like they have for decades. A bygone era doesn’t have to be a bygone era, as what once was can be again as long as we stop giving up and fighting for our families, our rights and our quality of life. We must expose and throw out the corrupt officials that are destroying Fullerton.

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Orange County Deputy District Attorney EBRAHIM BAYTIEH was apparently hand picked by TONY RACKAUCKAS to lead an investigation into whether laws were broken by the the Fullerton Police CHIEF DANNY HUGHES with regards to the handling of the then City Manager Joe Felz DUI accident with damages in the wee hours of November 9. 2016. by Barry Levinson

Deputy DA Ebrahim Baytieh

Well there are three points that jump out at me concerning the above.

First point is that over 13 months have passed since this incident occurred.   It is important to note that Joe Felz was charged over9 months ago by the same DA’s Office with two misdemeanor counts.

Orange County District Attorney Tony Rackauckas

Second and even more important point is that based on what we know for a fact, it is inconceivable to me or to any citizen with common sense to not come to the conclusion that Danny Hughes should be charged with obstruction of justice.   Danny Hughes took over the investigation right after Joe Felz was allowed to speak with Danny Hughes at home at approximately 1:30 – 1:45 AM on November 9, 2016.   Hughes asked that the officers on scene wait until his field sergeant gets to the scene for him to do a field sobriety test.   We know this because we have it from none other than Danny Hughes himself. (See below the November 9, 2016 Memo from Fullerton Police Chief Dan Hughes to Fullerton City Council members.)  An anonymous source to the Fullerton Informer stated that the officers on the scene were asked to shut down their cameras once Danny Hughes was contacted and the field sergeant he personally selected got involved in the case.   Since that was from an anonymous source, I am hoping that this can be confirmed later, for I will be doing a FOIA or California Records request for a copy of all the camera footage taken during the entire time each officer was on the scene of the DUI accident.

But Fullertonians here is the key point.   Danny Hughes’ field sergeant per the Dan Hughes memo was directed by Dan Hughes to perform a Field Sobriety Test instead of the very conclusive Breathalyzer Test (that should have been done right after Joe Felz was pulled over by FPD officers while attempting to leave the scene of this accident).   Dan Hughes in the memo verified that the 1st sergeant originally at the scene smelled alcohol on Joe Felz.   A police chief following proper police procedure should have ordered that one of the officers already on the scene perform a Breathalyzer Test, which would have conclusively told police whether Joe Felz was legally DUI.

 A police chief following proper police procedures would have questioned why the officers had not already performed the Breathalyzer Test since it was verified alcohol was present on Joe Felz.  No in fact Hughes made matters worse by ordering that any field sobriety tests be postponed wasting precious time until his field sergeant arrived and could perform a Field Sobriety Test not the specific and conclusive Breathalyzer Test.  It is clear to me in my opinion that Dan Hughes did not have justice on his mind when he veered from any standard procedure with dealing with a possible drunk driving accident.  Instead we know that after Dan Hughes personally selected field sergeant finally showed up at the scene that Joe Felz was driven home rather than arrested.  (Please note that regardless of whether Joe Felz was legally drunk or not, his being caught red handed leaving the scene of the accident with damages was enough reason to arrest him on the spot.)

Now we know that there was probable cause here since the DA decided to charge Felz with two charges, DUI and leaving the scene of an accident with damages.   Therefore, the DA in filing these charges believed that Danny Hughes and his hand selected field sergeant did not do there jobs properly concerning Joe Felz.  If he felt Danny Hughes followed proper police procedure the proper course would have been the arrest of Joe Felz by the FPD in the early morning hours of November 9, 2016. 

So my question is since Joe Felz was charged by the OCDA about nine months ago, what is taking so darn long for the DA to charge Danny Hughes and maybe include his field sergeant as well with obstruction of justice charges.    By definition of the actions taken by the DA against Joe Felz, the DA must believe that Danny Hughes and his field sergeant did not do their jobs properly.   Also by definition, please tell me in what police department or sheriff’s department is it proper police procedure to allow the suspect to call the Chief of Police at home in the wee hours of the morning.   Please remember that Danny Hughes has only one direct boss at the City of Fullerton and that was none other than City Manager Joe Felz.  Please tell me also in what police department or sheriff’s department is it proper procedure for a police chief to stop the critical, very time sensitive part of the investigation until his hand picked officer (field sergeant) can arrive at the scene.

The way this investigation was handled by the FPD lead by none other than Danny Hughes breaks every police procedure with regards to the proper handling of a DUI case.

There is one more point that supports the position of filing obstruction of justice charges against Danny Hughes.   The OC DA’s own investigator of the accident Abraham Santos recommended that obstruction of justice charges be filed against former Police Chief Danny Hughes.  He was subsequently removed from the case and his recommendation to this point has been obviously ignored.


Here is the complaint form from Investigator Santos : GovernmentClaimFormSantos

There you have it Fullertonians and Deputy District Attorney Ebrahim Baytieh.  I believe based on the facts there is more than enough evidence or probable cause to charge Danny Hughes with obstruction of justice.  The fact that it has been alleged that Deputy District Attorney Bayieh is friends with Danny Hughes should not have any bearing in an honest District Attorney’s Office on whether Danny Hughes is charged or not.

Really the only question remaining is whether or not the Orange County District Attorney Office will in fact do the right thing, the ethical thing and as we have shown here the proper legal thing by following the evidence regardless of the close connection that every DA’s Office has with the police chiefs throughout the county.

P.S.  There is one more matter that I believe must be addressed by our OCDA.   I ask simply why hasn’t the OCDA Tony Rackauckas charged Westminster as well as Fullerton City Attorney Dick Jones with falsifying City of Westminster time cards in an attempt to collect a PERS pension from the City of Westminster in the future.   It is my layman’s belief that falsifying times cards is a felony and Dick Jones committed that act over and over and over again for a sustained period of time.  A very seasoned attorney such as Dick Jones should obviously know the difference between being a city employee vs. an independent contractor.  Any first year law student at any second rate law school would have learned the obvious distinctions.

Memo

To:     City Council Members

From:            Chief Dan Hughes

Date: November 9, 2016

Re:     Incident involving City Manager

On November 9, 2016 at approximately 0130 hours FPD officers were dispatched to 255 W. Glenwood regarding a possible collision where the vehicle had struck a curb and was stuck on the sidewalk.  The driver was later determined to be city manager Joe Felz.

I received a telephone call at my residence from the Watch Commander who informed me that the city manager was involved in a minor single vehicle collision and that the sergeant believed the city manager was emitting an odor of alcohol. I informed the Watch Commander that I would call the sergeant to obtain additional information and that I would have the field sergeant conduct a preliminary assessment by performing Field Sobriety Tests and if the sergeant believed there was a level of intoxication that met the criteria to be a violation of the law, we would contact the CHP to investigate.

I provided the above directions to the field sergeant and also briefly spoke to the city manager on the phone to explain what protocol would be followed.  The sergeant conducted the assessment and made the determination that the city manager had consumed alcohol, but did not meet the criteria of 23152(a) CVC.  The city manager was driven home and his vehicle was towed.

During this time period, I also contacted Mayor Fitzgerald and informed her I was following the protocol of notifying the mayor about the contact with the city manager. I informed the mayor of the directions I had provided to the field sergeant and that I would re-contact her when the investigation was complete.  Her only instructions were to follow normal procedures.

A collision report was documented under case 2016-74804 and a supplemental report will be completed by the sergeant documenting the assessment of the city manager.

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THE CHARADE OF FULLERTON POLICE DEPARTMENT REFORM UNDER FORMER POLICE CHIEF DAN HUGHES AND THE SILENCE OF OUR FULLERTON CITY COUNCIL MEMBERS…MAYOR BRUCE WHITAKER, MAYOR PRO-TEM DOUG CHAFFEE AND COUNCIL MEMBERS JENNIFER FITZGERALD, GREG SEBOURN AND JESUS SILVA. BY BARRY LEVINSON

THE CHARADE OF FULLERTON POLICE DEPARTMENT REFORM UNDER FORMER POLICE CHIEF DAN HUGHES AND THE SILENCE OF OUR FULLERTON CITY COUNCIL MEMBERS…MAYOR BRUCE WHITAKER, MAYOR PRO-TEM DOUG CHAFFEE AND COUNCIL MEMBERS JENNIFER FITZGERALD, GREG SEBOURN AND JESUS SILVA.  BY BARRY LEVINSON

Barry Levinson

Our streets are the joke of Southern California, we are drowning in millions of dollars in red ink caused by overly generous salary and pension increases, our traffic congestion is quickly reaching big city proportions and our elected representatives are the poster children for corruption and crony capitalism, yet the biggest problem still remains the corruption throughout the ranks of our Fullerton Police Department.  They have the power to use lethal force against the public and the ability to put innocent people in jail.  I have first hand experience with the latter statement. This can definitely impact adversely every citizen in Fullerton.  It does not matter if you are an activist or you are someone who does not know the names of any of our elected officials.   We are all at risk and will continue to be at risk until we clean house at the FPD!

So with this as the backdrop, I spoke at the Fullerton City Council during Public Comments on April 18, 2017.  They give you a “generous” 3 whole minutes to speak.  In reality, with the current group of council members, it would not matter if they gave you three hours or even three days to speak because they ignore everything out of the public’s mouths unless you choose to kiss their you now what!

 

I spoke about two very important subjects.  The first subject was the failure of our “reformed” Fullerton Police Department to take the statements from Joe Imbriano and myself to report the crime of obstruction of justice by recently retired Police Chief, Dan Hughes in regard to his failure to allow his officers to follow normal police procedure to arrest Joe Felz for DUI and for leaving the scene of an accident with damages.  Joe Felz was eventually charged with those two counts, months after the incident by the OCDA Office.   I admonished the entire council for its continued failure to discuss this very important issue.

With my remaining 30 seconds I dropped a bombshell in the laps of our distinguished dais.  I told them that I was informed by Banc of California employees at the Euclid and Rosecrans Avenue branch that it is closing because a developer bought the property to be part of the development of the entire Sunrise Village Shopping Center to become mixed-use high-density high-rise residential units.  The city desperately needs the short-term infusion of money that would be generated by the Park and Recreation Department Park Dwelling fees of $11,700 per residential unit.  If they build 500 units for example that would generate an additional $5,850,000 in revenue.  This would help to cover the extremely generous salary and benefit employee raises approved by the council last year.  More development approvals would be needed to continue paying for these salary and benefit increases approved under Mayor Jennifer Fitzgerald in 2016 for subsequent years.   I put the council on notice that I smelled a rat.  Namely that the city in my opinion has been dealing with developers to make this mixed use project a reality in the near future.  Why else would these landlords create vacant properties with the absence of valuable rents if they only had a hope that they could convert the shopping center to a concrete jungle of mixed use high-density housing units.  I told them it was not zoned for that use and that the people of that neighborhood would fight to make sure it never ever came to fruition.  You should have seen the faces of Bruce Whitaker and Jennifer Fitzgerald after I finished with my comments.  They did not look pleased at all.

Of course, there was no response by any council members to these comments and the Interim Police Chief also was silent after he learned that his department would not take a simple police report by two members of the community. Gee silly me, I thought it was their job to take the statement and then go and investigate; not determine that no crime was committed so therefore no police report was necessary to be taken by them in the first place.

The first order of business has to be from the OCDA Office by filing obstruction of justice charges against Dan Hughes.

Like I said at the beginning of this post, the City of Fullerton and the Fullerton Police Department are corrupt and the Fullerton Police Department needs to clean house

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GOLFER TIGER WOODS VS. FULLERTON CITY MANAGER JOE FELZ. IF ONLY TIGER WOODS HAD FULLERTON’S FORMER POLICE CHIEF DANNY HUGHES LOOKING AFTER HIM DURING HIS DUI PROBLEM. BY BARRY LEVINSON

I recently was thinking about the similarities and differences comparing the Tiger Wood’s DUI arrest a few days ago and the free cab service home provided thanks to the FPD and Danny Hughes for Fullerton City Manager Joe Felz back in the wee morning hours of November 9, 2016.

Former City Manager Joe Felz

Fullerton Police Chief Dan Hughes. Don’t let the cross fool you. 

If only the same never seen DUI arrest protocol referred to by Danny Hughes was in place for the police department handling the Tiger Woods DUI arrest and booking, there could have been a different result for Mr. Woods.

Obviously, the police department dealing with Tiger Woods had not yet gone through a similar extensive and complete reformation as had already been accomplished by Danny Hughes in Fullerton.  For Danny Hughes thank goodness had already completely reformed the FPD.

 

For if that reformed minded DUI arrest protocol was in place for Tiger Woods, he too could have gotten to speak to the police chief and that chief of police could have explained the protocol to Tiger, thereby negating any reason to arrest Mr. Woods.  Yes if only Danny Hughes was in charge, Mr. Woods would not have had to be subjected to a very, very bad mug shot at police headquarters.  Yes, if only Danny Hughes was in charge of the Tiger Woods case, Mr. Woods would have found himself taken directly from the DUI scene to his sprawling mansion to be tucked into bed like the proverbial bug in a rug!

Tiger Woods is known for starting and supporting various charities by giving millions of his own dollars, while Joe Felz as City Manager gave away millions of our tax dollars not his money for bigger and bigger safety raises and benefits. Yet with all his celebrity and his 100’s of million dollars of net worth, Tiger Woods had to face the laws just like any other citizen but FOD (Friend of Dan) Joe Felz is not held to account by the FPD.

We the entire Fullerton public were so darn fortunate that Dan Hughes ran the FPD ship (kind of like Jack Sparrow in the most recent Pirates of the Caribbean film) for so many years.  In fact we were so darn fortunate that it is still paying the good people of Fullerton dividends.

Yes and if Tiger Woods had his little car problem in Fullerton, he too would have been assured that everything should be done following normal procedures, which was the alleged comment by Mayor Jennifer Fitzgerald to Danny Hughes in their phone conversation shortly after the early morning accident.  I guess the Mayor also was a big fan of strictly following the FPD DUI arrest protocol.  Thank God that our former Police Chief and our former Mayor were seeing eye to eye on this case.  For I am absolutely sure that under the exact same set of events that Joe Imbriano or Barry Levinson would have received the exact same treatment as did Joe Felz.  Does the good news relating to our Fullerton City Government ever end Fullertonians? I guess the answer to that is no unless we the people stop similar charades and/or farces like the one that took place concerning Joe Felz on the morning of November 9, 2016 going forward.

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Watch Joe Imbriano and Barry Levinson at FPD headquarters as they attempt for a second time to get the FPD’s own men in black to take a report on Chief Dan Hughes’ obstruction of justice

Section 148(a)(1) of the California Penal Code makes it a crime to willfully “resist, delay or obstruct” a police officer or emergency medical technician in the performance of on-the-job duties. Ironically, this section of the penal code aka as “the boot of the police state” is the section that is almost exclusively and illegitimately used AGAINST US. This time, I believe that it directly applies to Dan Hughes and possibly even Andrew Goodrich who was the watch commander. Here is the claim for damages filed by the DA investigator who was abrubtly taken off of the case

felz

In the wee hours of the morning following election night, Dan Hughes directly interfered with an arrest, and willfully delayed and obstructed his four officers in the performance of their on the job duties. He called off the arrest of and breathalyzer administration to a suspect caught in the act of fleeing the scene of an accident as he reeked of alcohol.  The suspect was none other than our esteemed City Manager-Joe Felz.

The state legal system is set up to give police officers the ability to carry out their functions with minimal interference, including command staff, and anyone who interferes should face arrest and prosecution if they are perceived to be interfering with the operation of law. In fact, anyone could be charged with the crime of obstructing justice for doing virtually anything that constitutes an attempt to prevent a police officer from performing their duties. I believe Dan Hughes signed his own guilty plea when he put out that memo to the council regarding the election night incident involving our city manager.

A petrified Fullerton homeowner had called in a car crash in front of their home at 1:30 in the morning where a van ran over a tree and got itself stuck. The driver of the van  was attempting to free the vehicle by continually reving up its engine, putting it in gear and reverse over and over trying to get away. What kind of police officers does Fullerton have who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, and they fail to arrest and administer a breathalyzer? Whats worse is they let the alleged drunk driver who happens to be our City Manager Joe Felz call and ask for the police chief at 130 in the morning?

What kind of police chief instructs his four police officers who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, to NOT to arrest him, not to administer a breathalyzer but rather wait until the police chief sends HIS special guy out possibly hours later to do a PRIVATE field sobriety test with NO BREATHALYZER, AND without the presence of another officer without and then drive him home instead of arresting him and taking him to jail? Hiding or destroying evidence or material that would be useful in proving a crime, or attempting to prevent another individual from providing information regarding a crime would have you or I facing charges of obstruction of justice. Watch Joe Imbriano and Barry Levinson at FPD headquarters as they attempt for a second time to get the FPD’s own men in black to take a report on Chief Dan Hughes’ obstruction of justice and they REFUSE.- part 1 and 2. The criminal justice system is broken folks and until law enforcement agents are held criminally liable for their actions, nothing is going to change, We need to send a strong message to all law enforcement that no one is above the law, especially those who are bestowed with arrest powers who are so handsomely paid to and entrusted with the duties to uphold and enforce it.

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Joe Imbriano interviews Barry Levinson-corruption at the Fullerton Police Department. We discuss the special treatment Joe Felz was given by Fullerton Police officers and the pending obstruction of justice charges being filed against Dan Hughes.

This 30 plus minute interview is a must see if anyone still believes The FPD has been reformed.

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BELOW IS THE MAIN PART OF A LETTER I EMAILED TO SUSAN KANG SCHROEDER IN THE ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE DATED MARCH 14, 2017. BY BARRY LEVINSON

Barry Levinson

Susan Kang Schroeder
Chief of Staff
Orange County District Attorney

Hello Ms. Schroeder:

It has been a while since we last talked.  I hope you are doing well.
I have blogged that your office did the right thing by recently bringing charges against former City Manager Joe Felz and I commended your office for it.  No one should be above the law.
Implicit in your decision is the fact that our former Police Chief Danny Hughes (hours before he was retiring from his position), made not only a poor decision but a criminal decision in not directing his officers to arrest Joe Felz in the wee hours of November 9, 2016.  The facts are clear that Danny Hughes overruled normal Fullerton police procedure and the law, sending another officer of his own choosing to go to the scene after the fact to conduct a so-called sobriety test away from all the other officers on the scene.
Are you going to charge Danny Hughes with obstruction of justice and any other statute that he may have violated on November 9th?
That Joe Felz used his position of power in the city to escape arrest is one thing but the head of our law enforcement department to make it happen is actually worse in my opinion.  Our whole society is greatly damaged when the citizens loose confidence in the equal application of our laws.
Please let me know what your office plans will be on this matter.

Respectfully,

Barry Levinson
Fullerton Resident
In my humble opinion not to take action against Danny Hughes would be a stain against the citizenry and against the tenets of justice.
I did get a response from Ms. Schroeder stating she could not talk about an ongoing investigation.  Well now that Joe Felz has been arraigned in a North Orange County Courthouse on April, 3 2017, it is time for our OCDA to take formal action against Danny Hughes.  We as a democratic people can not have confidence in our law enforcement and our justice system if those charged to enforce our laws and administer justice are not held to the same standards as everyday people.

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The Church in bed with the State crossing the line: The Hunt Library and Grace Ministries

Well tonight the Library Board  voted to set the stage to begin the end of the blessing of the 1962 endowment that Norton Simon and the Hunt Food & Industries Foundation donated to Fullerton. It was to be a building and park located in Southwest Fullerton, to the City on the condition that it is “used solely for a public library and public library park.” The donation became known as the Hunt Branch and is located at 201 S. Basque Avenue. Of course it has been City property since then and that means it is public property-our property. Looks like it is church property now,

dsc00162-300x225-1

Fullerton’s for sale ladies and gentlemen and it looks like Joe Felz, with our own property, is trying to buy off one of the political powerhouses in town with a sweetheart real estate deal right after Valentines day with Grace Ministries. An ambiguously worded agenda item, little to no details, a possible sole source bid down the line if coucil approves to not fund it and to sell it off, no appraisal-Has a backdoor deal already been penned waiting to go down?

Read the rest of this entry »

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