Posts Tagged obstruction of justice

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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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.

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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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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