Archives for category: Dan Hughes

Kelly Thomas Tape

January 13 marks the first anniversary of two officers charged in the death of Kelly Thomas being found not guilty by a jury, and the announcement by the office of the District Attorney that charges against a third officer would be dropped. This anniversary will be observed at 6:30 tonight at Kelly’s Corner, 123 E. Santa Fe Avenue, near the spot where the schizophrenic homeless man was beaten so severely by Fullerton police officers that he never regained consciousness.

In the three and a half years since his death, Kelly’s final heartbreaking cries of “Dad! Help me. Help me. Help me, dad!” as officers pummeled him with blows have been echoed by gasps of “I can’t breathe” by a more recent victim of unjustified police violence. Others had no chance to speak before being gunned down. Although nationwide killings by police have been, with some justification, cited as acts of racism against people of color, the killing of Kelly Thomas, who was white, demonstrated that unprovoked and/or excessive acts of violence by police officers against civilians (and sometimes themselves) in the United States is an equal opportunity epidemic.

A year ago a police helicopter hovered overhead as an angry, but peaceful, crowd pondered the state of their society, where a man’s beating death could be captured on videotape, but the perpetrators could go completely unpunished by the law. On that night, it seemed that only those outraged by these circumstances would be subject to the force of the law.

Three and a half years after the killing of Mr. Thomas, the three officers originally charged in his death have been fired, but three more present at the scene are still on the force. There is still no public oversight of the Fullerton Police Department. Instead, the Office of Independent Review was contracted to periodically audit materials selected by the Chief of Police from it’s own internal affairs investigations. We await the public release of the first review…

Fullerton rings in the New Year

Fullerton rings in the New Year

As a rule, I dislike end of the year wrap-up stories, so let’s take a quick look at just a few things Fullerton has to look forward to, and to look out for, in 2015…

New Mayor

2014 ended with recently re-elected Fullerton Mayor Pro Tem Greg Sebourn being elected to serve as Mayor for 2015 by his colleagues on the Council.  Councilmember Jennifer Fitzgerald, who works for Orange County’s most prominent lobbying firm, takes over as Mayor Pro Tem.  Mayor Sebourn survived a particularly sleazy negative campaign organized and paid for by the Fullerton Police Officers Association during election season, so we shouldn’t expect to see particularly warm relations between the police and the Mayor’s office. The police needn’t worry much, however, because they still have a compliant Council majority in the form of Councilmembers Fitzgerald, Chaffee, and Flory, and most of the city’s power resides in the office of the City Manager anyway.

New Planning Director

Fullerton has a new Director of Community Development after an extraordinary two and a half year vacancy. Local resident Karen Haluza, who recently served as Interim Director of Santa Ana’s planning department began her new position this past month. On the positive side, Ms. Haluza vocally opposed the awful Amerige Court plan when it was first approved several years ago. On the negative side, she endorsed Measure W, which would have allowed Chevron’s Pacific Coast Homes plan for Coyote Hills to go forward in 2012. Three-fifths of Fullerton voters disagreed with her, soundly defeating that plan, but another is in the works.

New Way to Elect City Council Members?

Two-time City Council candidate Vivian “Kitty” Jaramillo has filed a lawsuit against the City of Fullerton, contending that Latino residents are disenfranchised by the city’s current practice of electing five at-large Councilmembers. Relief would presumably be found in an election-by-district system, where residents would vote for candidates to represent only their district among five (or more?) in the city. Arguments can be made over what system might best serve voters, or whether or not a problem even exists to correct.

New Police Officers and Promotions

The Fullerton Police Department has filled out its ranks by hiring ten new officers. Several others have been promoted to critical positions of leadership as veteran captains have retired.

Old Police Lawsuits

The Rag knows of two current lawsuits against the Fullerton Police Department. The first is the one filed by Ron Thomas over the beating death of his son Kelly at the hands of Fullerton police in 2011. A suit filed by Kelly Thomas’ mother was settled in 2012. Since no one was ever held legally responsible for killing Kelly Thomas (a jury found the officers charged in his death innocent), it may be harder for his father to collect any monetary settlement from the City of Fullerton.

The other lawsuit was filed in 2014, and alleges that a Fullerton police detective coerced sex from a woman during, and in the aftermath of, a child custody case. We’ll have to wait and see whether this lawsuit goes to trial, is dismissed, or is settled out of court. In any case, is that detective still working for the department?

New Body Cameras for Police Officers

All Fullerton police officers are expected to begin wearing body cameras this year, but it remains to be seen whether or not video recordings of contacts with the public will resolve conflicts any better than the already required audio recorders, which can mysteriously malfunction or be turned off. Officers should be seriously disciplined for deactivating cameras, and members of the public should not be prevented from making their own recordings of officer encounters.

New Drought Tolerant Landscaping for City Hall

The lawn in front of City Hall will come out sometime this year, and be replaced by some form of drought tolerant landscape. Let’s hope it becomes a showcase for California’s lush, leafy, green native plants, and not just a giant cactus garden. If Fullerton residents are going to remove their water hungry lawns in favor of drought tolerant landscaping, they need to see something more attractive than spiny succulents. And ditch the decomposed granite, there is nothing wrong with dirt.

(Even More) New High Density Housing

Everywhere, unless the people of Fullerton stand up to City Hall’s plans for more and more mixed-use retail/housing behemoths wherever they can be squeezed in. City Hall wants new tax revenues, but without additional public transportation options or long term local jobs, residents can expect to see more and more traffic on major streets and cut-through traffic in otherwise quiet neighborhoods. Watch out for what may be planned to cast a permanent shadow over your house.

New Assemblymember

Young Kim will take office as the new Assemblymember representing the 65th District, displacing Sharon Quirk-Silva, whose prospects for re-election were doomed by a dismal Democratic voter turnout last November. Ms. Kim’s campaign consisted largely of promising to protect Proposition 13 and something or other about being business-friendly. Not much to work with, really. And let’s not forget that she is a carpetbagger who moved into the district to run for office. Probably not much to look forward to from her, but we’ll see…

Bair-at-Mic

A lawsuit just filed in federal court alleges that a now ex-Detective Ronald Bair, of the Fullerton Police Department, demanded sexual favors from a woman in exchange for favorable testimony in a child custody case. The OC Weekly’s Gabriel San Roman summarizes the suit in a September 15 article.

The plaintiff is suing not only the Fullerton Police Department, but also the City of Fullerton and FPD officers who, she alleges, mishandled her complaint against Det. Bair, and “inappropriately, told police detective Ronald Bair about the anonymous complaint, by the plaintiff,” exposing the plaintiff to retaliatory actions against her. The text of the lawsuit is very disturbing, and paints a picture of a vulnerable woman in the midst of a painful custody process who is abused by an officer of the law.

The lawsuit details several alleged instances of sex between Det. Bair and the plaintiff, acts that she claims she felt forced to perform. According to the suit, she eventually told therapists about the alleged abuse, then attempted to make an anonymous complaint against Det. Bair to the FPD.

The lawsuit states:

“Shortly thereafter, detective RONALD BAIR called the plaintiff and threatened her and said that she was going to die.  It was obvious that he had been told, by the other defendants, about her ‘anonymous’ complaint about his conduct.  He told the plaintiff that he knew that she had a court hearing coming up and that the plaintiff would never see my daughter again.  He told the plaintiff that his police buddies would come after her.”

The Fullerton Police Department is not saying why Ronald Bair no longer works for them, but he did in 2013 when the alleged violations, including forced oral sex, are alleged to have occurred. Unlike the cases of the beating death of Kelly Thomas and the serial sexual assaults by former officer Rincon, the actions alleged in this lawsuit are said to have taken place during the tenure  of current Fullerton Police Chief Danny Hughes.

Mr. San Ramon’s OC Weekly story helpfully includes a link to an October 2012 story from the now defunct Friends for Fullerton’s Future blog, showing then-Detective Bair speaking during the public comments period of a Fullerton City Council meeting in October of 2012. He demands phone and text records from Council member Bruce Whitaker and then-Council member Travis Kiger, alleging that they had been texting during meetings in volition of the Brown Act—a charge vehemently denied by Mr. Whitaker at the time. Recall that these broadcast allegations took place just prior to the November 2012 City Council elections, when Fullerton’s police union was spending tens of thousands of dollars in a desperate attempt to defeat at least one of these council members and install more compliant candidates in their place. Who knows how much influence Det. Bair’s televised and evidently baseless accusations made in the 29 vote margin that elected Jan Flory, endorsed by the police union, over incumbent Travis Kiger, targeted for defeat by the union? The election of Ms. Flory put an end to any serious discussion of Civilian Police Oversight in Fullerton during the ensuring two years.

If Fullerton had a robust and adequately empowered Civilian Police Commission, would we be seeing this lawsuit now? Such an oversight board, as proposed by POPC, would have received the plaintiff’s disturbing complaints when filed, and might have even acted as a deterrent against officers who believe they might get away with the crimes alleged in the lawsuit because their buddies on the force can be counted on to tip them off if someone is complaining about them.