http://www.latimes.com/local/lanow/la-me-ln-kelly-thomas-verdict-father-20140113,0,1631508.story?track=rss#axzz2qKs5jPHF
I followed this case with a great deal of concern. Normally, my tendency is to give the police the benefit of the doubt in cases like these. Having spent about 27 years in law enforcement (military police, US Customs, DEA), I am clearly pro-law enforcement. In spite of that, I disagree with this verdict strongly though I stress that I was not in the courtroom as were the jurors, a point that must always be made.
Let me elaborate. First of all, Customs agents and DEA agents make the great majority of their arrests at the point of a gun since such arrests normally are made as the drug traffickers are in the middle of a smuggling venture or drug transaction, which often involves undercover agents. Suspects tend not to initiate physical scuffles when you have guns pointed at them. It was a different story with the military police when you are typically breaking up a bar room brawl or dealing with a drunken or unruly individual. Indeed, the drawing of a weapon was governed very tightly by the Army-at least in those days. I have to say that I engaged in more physical scuffles in 3 years as an mp than I did in 25 years as a federal agent.
Having said that, I find no justification for officer Ramos putting on plastic gloves and telling Thomas just before the violence began , "You see these fists? They are getting ready to f--- you up". The event was caught on videotape. It is true that Thomas was not being cooperative. Yet, he was known to the officers from previous encounters, and they knew he had mental issues. The scuffle was caught on videotape, but when I viewed it, the bodies of Thomas, Ramos and Cicinelli were slightly off center of the camera. Thomas was on the ground with at least two officers on top of him. He was resisting, but not actually assaulting the officers, who were trying to handcuff him. Thomas was literally screaming for his life as his face was being pounded by Cicinelli's taser gun. Here is what Thomas looked like in the hospital.
The defense attorneys, John Barnett and Mark Schwartz, contended that Ramos and Cicinelli were following standard police procedure. They also tried to convince the jury that Thomas had a heart defect which led to his death during the struggle.
It gets worse. Tonight, I was listening on my car radio to an interview with Ron Thomas, Kelly's father and an ex-cop himself. He told the interviewer that during the trial, he was offended by the jocular nature of the two defense attorneys, who made jokes in court, some of which drew laughter from some of the jurors. In addition, according to Mr Thomas, the family members of Ramos were taunting members of Kelly's family outside the court.
Finally, I have to question the decision of the Orange County DA, Tony Rackauckas to personally try this case. When you have the DA of a large office personally trying a high-profile case in court, it makes me suspect that he or she is looking for personal glory. Again, I wasn't in court, and I don't know if Rackauckas did a good job or not. One commentator, LA attorney and civil rights activist, Leo Terrell, has been very vocal in his criticism of Rackauckas' handling of at least one prosecution forensic witness who fared badly on the stand. The point is this: As DA, you have enough on your hands. I don't know how many cases Rackauckas has tried or the last time he tried one, but I do know that he has a large staff of prosecutors who are battle-tested, have recent experience in the courtroom, and are at the top of their game. I anticipate Mr Rackauckas will receive some criticism here for losing this case.
As for the cops, fortunately, they are no longer on the department. Ramos was fired, and Cicinelli and Wolfe are both no longer working for Fullerton PD. ( I am not sure of the evidence against Wolfe.) As for the ones acquitted today, I can only hope they never work in law enforcement again. In my book, they are thugs.
5 comments:
I sent you an article where current Fullerton Police Chief Hughes and his copadre, Rusty Kennedy, the executive director of the Orange County Human Relations Commission held a conference with high profile OC lawyers and religious leaders on how to coerce persons into speaking "Civil" words at city council meetings. they then scapegoated one man whose comments were innocuous. Hughes and Kennedy both know Fullerton's community is morally outraged at the fact a member of their town was murdered by Fullerton PD, a police force with a nefarious reputation. In 2008 Rusty Kennedy awarded his colleague on his commission and then Fullerton Police Chief McKinley a thousand dollars for Fullerton's "exemplary" police-community relations. this was the same year Fullerton Police Officer Rincon was molesting female detainees in the back of his squad car. In the last ten years, Fullerton PD has been caught perjuring, breaking bones of detainees, suspicious jail suicide, and Fullerton PD's response is to ensure , with the help of rusty who receives funding for his commission from same police force, that the community not confront fullerton PD, Fullerton city council with the truth
Taxpayer,
I was at the conference. It was a joke.
Well written, Mr. Fouse.
It is of course possible that the officers concerned were sufficiently in violation of department policy and good police practices to be fired, but were not proven guilty of a crime beyond a reasonable doubt. Standards of proof and the elements of a violation are different.
Still, it seems something was not done well by the prosecution. Seeking glory and assuming its a slam dunk, rather than meticulously analyzing and parrying outrageous defense conduct doesn't really deliver the goods.
Leo Terrell, who I quoted before, and whom I don't often agree, was interviewed at length on the radio today. He attended the trial. he raved about the job the defense attorneys did and blasted Rackauckas in every respect. He said the prosecutor (who is the DA) looked like he hadn't tried a case in years (which he hasn't.) he basically relied on the video.
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