SANTA ANA (CNS) - An appeals court panel today denied an appeal by a  former Fullerton police officer challenging a lower court judge's refusal to  dismiss the criminal case against him stemming from the in-custody beating  death of schizophrenic transient Kelly Thomas.

In January, Orange County Superior Court Judge William Froeberg declined  to dismiss charges against former Officer Manuel Anthony Ramos, who is  charged with second-degree murder and involuntary manslaughter in the July 5,  2011, beating, and co-defendant former Fullerton police Cpl. Jay Cicinelli, who  is charged with involuntary manslaughter and excessive force.

Attorney John Barnett, who represents Ramos, filed the appeal with the  Fourth District Court of Appeal in Santa Ana. He said today he had not been  notified about the decision by justices William Rylaarsdam, William Bedsworth  and David Thompson.

The dismissal motion revolved around an allegation that Ramos held up  his fists to Thomas, threatening to ``(expletive) him up,'' which Orange County  District Attorney Tony Rackauckas said frightened Thomas, prompting him to run  away from the officers and triggering the deadly conflict.

Rackauckas said Thomas had a right to defend himself, and that he  appeared confused and flustered by Ramos' commands.

Barnett, however, argued that Ramos told Thomas he would only carry out  his threat if Thomas failed to obey his instructions. Barnett argued it was  akin to a police officer saying, ``Stop, or I'll shoot,'' to a suspect.

Under the prosecution's legal theory, if an officer shouted a similar  order at a car thief and the suspect turned and ran, causing a school bus full  of 30 children to roll over, killing all of the passengers, the officer would  be held liable for their deaths, Barnett said after Froeberg's ruling.

Froeberg, however, ruled the videotape of Thomas' beating was sufficient  evidence to go forward with a trial. The judge has set a June 28 trial date  for Ramos and Cicinelli.

Former Officer Joe Wolfe, 37, who was indicted in September on felony  counts of manslaughter and excessive force, will return to court March 29 for a  hearing on his attorney's motion to dismiss charges and to set a trial date.

It's likely Wolfe will be tried separately since his indictment came a  year after charges were filed against the other co-defendants.

Police went to the Fullerton Transportation Center in response to a 911  call from the nearby Slidebar nightclub that someone was trying to break into  cars outside the club. Investigators have determined Thomas was not trying to  break into cars.

Wolfe and Ramos confronted Thomas at the transportation center. While  Wolfe went through a backpack Thomas had with him, Ramos and Thomas engaged in  a lengthy, often sarcastic and prickly, exchange.

Wolfe found letters in the backpack addressed to an attorney, prompting  him and Ramos to discuss arresting Thomas for possession of stolen property.  Investigators later determined the letters were not stolen.

Thomas ran from the officers after Ramos held his fists up to him and  ordered him to follow his instructions, officials said. That touched off the  skirmish that ultimately included six officers as they worked to restrain  Thomas.

Ramos faces a potential sentence of 15 years to life if convicted of  second-degree murder but only four years if convicted of involuntary  manslaughter. Cicinelli and Wolfe face a maximum sentence of four years in  prison if found guilty.

Posted by David Perez 

SANTA ANA (CNS) - An Orange County Superior Court judge today dismissed  a motion by two former Fullerton police officers to throw out charges against  them in the in-custody beating death of transient schizophrenic Kelly Thomas.

Orange County Superior Court Judge William Froeberg earlier this month  had tentatively ruled against the motion to dismiss charges against former  Fullerton police Cpl. Jay Cicinelli, who is charged with involuntary  manslaughter and excessive force, and former Fullerton Officer Manuel Anthony  Ramos, who is charged with second-degree murder and involuntary manslaughter in  the July 5, 2011, beating.

Froeberg upheld that ruling today.

Attorney John Barnett, who represents Ramos, said he would appeal to the  Fourth District Court of Appeal in Santa Ana.

The argument over whether to dismiss charges principally revolves around  Ramos allegedly holding up his fists to Thomas, threatening to ``(Expletive)  him up,'' which Orange County District Attorney Tony Rackauckas has claimed  frightened Thomas, leading him to run away from the officers and trigger the  deadly conflict.

Rackauckas argues Thomas had a right to defend himself, and that he  appeared confused and flustered by Ramos' commands.

Barnett, however, argued that prosecutors conveniently ignore that Ramos  also added he would only carry out his threat if Thomas failed to obey his  instructions. Barnett argued that it was akin to a police officer saying, ``Stop, or I'll shoot,'' to a suspect.

Under the prosecution's legal theory, if an officer shouted that order  at a car thief, for example, and the suspect turn and ran, causing a school bus  full of 30 children to roll over, killing all of the passengers, then the  officer would be held liable for their deaths, Barnett said after today's  hearing.

Froeberg, however, ruled the videotape of Thomas' beating was sufficient  evidence to go forward with a trial.

Froeberg set a June 28 trial date for Ramos and Cicinelli after much  discussion that appeared to indicate the actual trial will happen later in the  year.

Former Officer Joe Wolfe, 37, who was indicted in September on felony  counts of manslaughter and excessive force, will return to court March 29 for a  hearing on his attorney's motion to dismiss charges and to set a trial date.

Rackauckas pushed for a trial in May for Ramos and Cicinelli, but  Barnett and Cicinelli's attorney, Michael Schwartz, said they had other cases  set to go to trial then. Barnett suggested an October trial.

Rackauckas said he thought the trial would last three or four weeks.  Barnett and Schwartz said it would take about five weeks.

It's likely Wolfe will be tried separately since his indictment came a  year after charges were filed against the other co-defendants.

Thomas' father, Ron Thomas, urged Froeberg to set a trial date as soon  as possible.

``In July it will be two years'' since his son's death, Thomas said.

The attorneys on the case in that time ``could write whole novels on  what happened to Kelly,'' Thomas said. ``It's just a matter of stalling and I  would like to proceed for justice for my son.''

Police went to the Fullerton Transportation Center in response to a 911  call from the nearby Slidebar nightclub that someone was trying to break into  cars outside the club. Investigators have determined Thomas was not trying to  break into cars.

Wolfe and Ramos confronted Thomas at the transportation center. While  Wolfe went through a backpack Thomas had with him, Ramos and Thomas engaged in  a lengthy, often sarcastic and prickly, exchange.

Wolfe found letters in the backpack addressed to an attorney, prompting  him and Ramos to discuss arresting Thomas for possession of stolen property.  Investigators later determined the letters were not stolen.

Thomas ran from the officers after Ramos held his fists up to him and  ordered him to follow his instructions. That touched off the skirmish that  ultimately included six officers as they worked to restrain Thomas.

Ramos faces a potential sentence of 15 years to life if convicted of  second-degree murder but only four years if convicted of involuntary  manslaughter. Cicinelli and Wolfe face a maximum sentence of four years in  prison if found guilty.

SANTA ANA, Calif. (AP) _ A third California officer has been charged in the beating death of a mentally ill homeless man after a violent confrontation with Fullerton police.

Orange County prosecutors say former officer Joseph Wolfe was arraigned Thursday on one felony count of involuntary manslaughter and one felony count of the use of excessive force.

A district attorney spokeswoman says Wolfe pleaded not guilty and surrendered on $25,000 bail.

Prosecutors say Wolfe was indicted by a grand jury on Monday.

Wolfe is one of six officers involved in a violent clash between police and 37-year-old Kelly Thomas in July 2011 during an investigation into a report that he was trying car doors at a Fullerton transit hub.

Thomas died five days later.

Read more here. 

Fullerton (CNS) - Fullerton Police Department acting Chief Dan Hughes told the City Council tonight that schizophrenic transient Kelly Thomas was not  doing anything wrong before getting into a violent struggle with police that  led to his death.

``There is no evidence of which the Fullerton Police Department is now  aware that Kelly Thomas actually tried to steal anything from any of the  vehicles in the lot,'' Hughes said in a statement made at the direction of the  City Council.

The stepfather of former Cpl. Jay Cicinelli, who is charged with involuntary manslaughter and excessive force in connection with Thomas' death, was critical of council members for directing Hughes to make the statement.

``This is a criminal matter,'' John Huelsman told reporters. ``These guys can go to prison... and the City Council just said they're guilty because Kelly Thomas was innocent.''

Hughes' statement was a milestone for Thomas' father, who is working to clear his son's name.

``It's incredible,'' Ron Thomas said.

In related news, it appears one of the two officers who encountered Thomas before the violent struggle with police on July 5, 2011, may face criminal charges.

Former Officer Joe Wolfe's attorney, Vicki Ileen Podberesky, told The Orange County Register that prosecutors intend to go before an Orange County grand jury on Wednesday, seeking an indictment of her client.

Messages left for Podberesky today were not immediately returned.

Farrah Emami of The Orange County District Attorney's Office, declined comment, saying, ``We have no information to report.''

Ron Thomas has pushed for criminal charges against Wolfe.

``A lot is going to happen this week to clear Kelly's name,'' he said.  ``I've been expecting it for a long time -- Joe Wolfe getting charged would be absolutely phenomenal.

``Now, anything can happen down the line. There's no guarantees. It's  going to go to trial one day and anything can happen, but right now we're  moving forward in a positive direction.''

Hughes' statement largely echoed the report from Michael Gennaco, head of the Office of Independent Review in Los Angeles, who was hired by the city to make a report about Kelly Thomas' death.

Police responded to the Fullerton Transportation Center when a 911 call came in from the Slidebar nightclub that someone was trying to break into cars  outside the club.

Wolfe and former Officer Manuel Ramos confronted Kelly Thomas at the transportation center. While Wolfe went through a backpack Kelly Thomas had with him, Ramos and Thomas engaged in a lengthy, often sarcastic and prickly, exchange.

Wolfe found letters in the backpack addressed to an attorney, prompting him and Ramos to discuss arresting Kelly Thomas for possession of stolen property.

Posted by David Perez
KFI News 

**BREAKING NEWS -- Third arrest 'imminent' in Kelly Thomas case.  Read more!

Fullerton city officials are expected on Tuesday to clear Kelly Thomas of wrongdoing, his father said.

Thomas is the homeless man who died after being beaten by police on July 5, 2011.

Kelly Thomas’ father, Ron, said he has been trying to clear his son’s name for 14 months. He said police wrongfully accused his son of committing crimes and suggested he was resisting arrest during the videotaped beating at a Fullerton bus station.

Ron Thomas called the clearing of his son’s name “another victory in the pursuit of justice for my son Kelly Thomas."

Ron Thomas said he has been working over the last three weeks with acting Fullerton Police Chief Dan Hughes on wording that clears his son’s name. Fullerton officials are expected to announce the news at a Fullerton City Council meeting on Tuesday.

Kelly Thomas died five days after the beating.

Ron Thomas, who is also suing the city over the death, said police initially said his son stole a backpack and that someone fitting his description was breaking into cars.

Two of the six officers involved in the beating are being tried in court. The case prompted a recall of three Fullerton City Councilmen in June, and the retirement of the former police chief.

An independent review of the case determined that the Fullerton Police Department "suffered from a culture of complacency."

Read more here. 

A third person will be charged in the death of homeless man, Kelly Thomas. Sources close to the case tell KFI News that the Orange County District Attorney's Office has notified attornies that charges are imminent against former Fullerton police officer, Joe Wolfe. 

It's not clear what charges will be filed and when. 

In surveillance video, Wolfe is seen hitting Thomas with a police baton. He was the second cop to show up at a bus station near the Slide Bar on July 5th, 2011. 

The District Attorney's office says it has no information to share on the story. 

Former officer Manny Ramos has been charged with second degree murder, and former officer Jay Cicinelli with involuntary manslaughter.

Read more here.

VIEW FULL REPORT

Fullerton, Calif (CNS) - An independent investigator hired by Fullerton to analyze the city's police department following the in-custody death of a schizophrenic transient made 59 recommendations in his final report which was submitted to the City Council.

The 53-page ``Systemic Review of the Fullerton Police Department'' from  Michael Gennaco, head of the Office of Independent Review in Los Angeles  County, dealt with such topics as leadership issues, hiring practices, use of  force and investigation of use of force.

It praised the Fullerton Police Department from implementing ``important reforms to address issues emanating from the Kelly Thomas incident and other matters brought to the department's attention.''

Gennaco told the council that he found no ``culture of corruption'' in the department, but saw a ``culture of complacency'' in previous leaders.

The department is on an ``upward trajectory'' and the department of July 5, 2011, the date of the fatal beating of the 37-year-old Thomas, is not the department of today, Gennaco said.

Gennaco said training lapses led to the Thomas beating. Force may have been necessary, but not deadly force, Gennaco said.

Gennaco criticized the department for not offering condolences following Thomas’ death and for waiting two days to notify the District Attorney’s Office about the beating.

In February, Gennaco made an initial report to the council, and in May, he made recommendations to acting Chief Dan Hughes on discipline regarding the six officers involved in the deadly struggle with Thomas.

Three of the officers -- including Manuel Ramos and Cpl. Jay Cicinelli, who are facing criminal charges -- no longer work for the department. The other officer no longer working for the department is Joe Wolfe.No decision has been made on Officers Kenton Hampton and James Blatney and Sgt. Kevin Craig.

Thomas' father, Ron, who has filed a wrongful death lawsuit against the city, hopes the three other officers will be fired, but he doubts that will happen.

``I'm very sure they're going to be returned back to duty, not necessarily to patrol,'' Ron Thomas said.  ``It's not going to make me happy because I want them fired.''

All of the officers involved in the struggle with Kelly Thomas are named in Ron Thomas' lawsuit.

Ron Thomas said changes in the department have primarily come about ``because of me and forming Kelly's Army and putting pressure on everybody.''

``Gennaco agreed with me,'' Thomas said. ``Nothing would have happened if it hadn't been for what I did. They've made strides because of my actions.''

Rusty Kennedy, executive director of the OC Human Relations Commission, praised city officials for the additional training police have received for handling mentally ill people.

``You can't underscore enough the importance of this kind of training to avoid the kind of confrontation we saw with Kelly Thomas,'' Kennedy said. ``I thought that was a monumental step forward.''

Kennedy said Hughes has also helped Fullerton's police repair some of the public relations damage.

``Acting Chief Dan Hughes is a very good and competent and open leader.  He has demonstrated sincere and engaged transparency,'' Kennedy said. ``He’s much more engaged and open, and that was a real sea change for the department.''

FULLERTON (CNS) - On the one-year anniversary of transient Kelly Thomas' deadly struggle with Fullerton police, his father has filed a lawsuit against the city in Orange County Superior Court.

Ron Thomas' lawsuit, filed this morning, does not yet request specific damages, Thomas' attorney Garo Mardirossian said.

Ron Thomas has been reflective about his son's beating death by police, saying he still struggles with the incident.

``Time heals all wounds -- that's the saying. But right now it hasn't healed a thing for me,'' he said. ``It's like it just happened for me.''

Thomas said he recently was at the bus stop where his son became involved in a struggle with police at the Fullerton Transportation Center on July 5, 2011. He was doing a news interview, and the video of Kelly Thomas being struck by police was playing in the news van, he said.

``I was 250 feet away from where it all happened. They start playing that, `Dad, dad, they're killing me,' and I'm right there where he was screaming and crying, and I just broke apart,'' Thomas said.

Still, he said he will not shy away from painful memories as he plans several events this week -- including concerts and an art gallery exhibition -- to honor his son.

A more solemn event will be held at 8 p.m. today at the Fullerton Transportation Center.

On Friday, about 80 paintings done by 30 artists inspired by Kelly Thomas will be displayed at the PAS Gallery.

Cherie Currie of the Runaways and Susan Olsen of ``The Brady Bunch'' have contributed work. Currie and Olsen were expected to be there, Thomas said.

``I've been through the art gallery three times and there's some stuff in there that tears me up,'' Ron Thomas said.

Thomas founded the Kelly Thomas Memorial Foundation in 2011. A benefit concert was held last year, and this year's show, headlined by the Adolescents, will be held Saturday.

``They were glad to play and they're doing it for free,'' Ron Thomas said of the Fullerton punk band.

The foundation primarily raises money to buy food and clothing, which is handed out to the area's homeless through local churches and food banks, Ron Thomas said.

``Rain gear is a huge one,'' Ron Thomas said of the needs of the area's homeless. The foundation also hands out bus passes and toilet kits to the homeless, he said.

The past year has seen two of the police officers involved in the struggle ordered to stand trial and three city councilmen recalled as a result of Kelly Thomas' death.

``It's taken a heavy toll on me,'' Ron Thomas said.

Posted by:

Editor NC

SANTA ANA (CNS) - A judge agreed today to put off until July 13 the arraignment of two Fullerton police officers facing trial in the death of schizophrenic transient Kelly Thomas when a defense attorney asked for more time to analyze an audio recording that he said puts the conflict ``in an entirely different light.''

Orange County Superior Court Judge Craig Robison agreed to reschedule arraignment for Officer Manuel Anthony Ramos, 38, and Cpl. Jay Cicinelli, 40.

Ramos faces second-degree murder and involuntary manslaughter counts, while Cicinelli is charged with involuntary manslaughter and using excessive force in the violent, July 5 arrest of Thomas July at the Fullerton Transportation Center. The 37-year-old homeless was taken off life-support machines and allowed to die five days later.

Deputy District Attorney Jim Tanizaki objected to today's delay, saying ``we don't believe it has any impact on the case.''

At issue is a recording of Ramos talking to Thomas before his arrest. Much of the encounter included in audio synchronized with video that was played at the officers' preliminary hearing in May.

A couple of weeks ago, Fullerton polices said they had overlooked several more minutes of audio of Ramos and Thomas. That was later shared with the defense.

Ramos' attorney, John Barnett, said he believed the recording would help his client's case. He asked for time to incorporate the evidence in a motion to ask for the charges to be dismissed. That motion would be filed after the arraignment.

The recording in question was among about 6,000 police recordings dating back to 2008-09, Tanizaki said.

Barnett said he did not believe the recording was overlooked on purpose.

``I'm not saying the prosecution intentionally did anything,'' Barnett said.

He the first 13 minutes of Ramos' recording includes and encounter with another homeless man and that should show Ramos in a different light.

``It shows (Ramos) has a good relationship with (the homeless). He knows them and they know him. He's on a first-name basis and he's very kind (to the other transient).''

Thomas was rude and disobedient, he said.

``Kelly Thomas was using the F word all over that audio and this is a prelude to'' the arrest, Barnett said. ``We're going to evaluate that tape and include that evidence into our analysis into a motion to dismiss charges .... This certainly helps the defense.''

Tanizaki doubted that.

``We don't believe this is a game changer at all,'' he said.

Ramos' friendly contact with another homeless man ``won't change anyone's opinion'' about the arrest of Thomas, Tanizaki said.

Thomas' father, Ron Thomas, said he was not fazed.

``I've heard it. There's nothing there,'' he said outside court.

Ron Thomas said the delay did not bother him.

``I've always said I want the truth. I want the facts, however long it takes,'' he said.

Fullerton police Capt. Dan Hughes, the acting chief, called Ron Thomas to tell him about the recording.

``I'm glad Capt. Dan Hughes found it. He was doing his job,'' Ron Thomas said.

Ramos, a 10-year Fullerton police veteran, is free on $1 million bail, and Cicinelli is free on $25,000 bail. They are both on unpaid administrative leave.

Ramos faces a sentence of 15 years to life if convicted of second-degree murder and four years if convicted of involuntary manslaughter. Cicinelli faces up to four years if found guilty.