City to Settle in Police Misconduct Lawsuit
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Courtesy of the Local History Room, Fullerton Public Library ullerton Observer F u lle r to n ’s O n ly In depen den t News •est.1978 (printed on 20% recycled paper) Volume 33 #17 • Mid October 2011 Save Coyote Hills More Revelations Petition Comes Expected in Before the Council Inquiry o f The O C Registrar o f Voters has veri fied the signatures on both Save Coyote Fullerton Police Hills petitions 3 (Zone Change) & 4 (Development Agreement) with signa by Tracy Wood voiceofoc.org tures to spare. The two measures are an effort by the public, led by the non Fullerton can expect more bad news profit Friends of Coyote Hills, to over about its police department by the time turn approval o f the Chevron/PCH an independent investigation is finished, 760-home development approved by said Mike Gennaco, the man tasked with the City Council majority in July. conducting an examination of the depart The Council will decide whether to ment's policies and procedures. call an election or to rescind the July Without going into details, Gennaco approval of the proposal at the 6:30pm, said in a telephone interview Monday that Tues., Oct. 18th council meeting at whenever investigators look deeply at City Hall on Commonwealth & troubled sections o f a police department Highland. If the council decides to put they include other issues to see how they the measures on the ballot they can were handled. Continued page 11 choose to consolidate with the County of Orange (thereby saving the city great expense) or call a special election. City to Settle Another option exists in Councilmember Sharon Quirk-Silva’s in Police suggestion, at a prior meeting, that would transfer property rights from the open space West Coyote Hills to Misconduct parts o f town where building is desired. Chevron/PCH representative Jim Lawsuit Pugliese indicated the corporation The City of Fullerton and attorneys for would be willing to consider such a two Buena Park women have come to an transfer. Updates: www.coyotehills.org agreement to settle a police misconduct lawsuit filed against the city in 2009. The agreement will be brought to Council for final approval on Tues., Oct. 18. The lawsuit, heard in federal court involved alleged sexual misconduct by S ~ z rt03 S2 go Fullerton Officer Albert Rincon during O ^ Fl the 2008 arrests o f the two women! During the investigation o f the issue, ci 5 QC-i ^LlJ ”^ five other women arrested by Rincon in <*3 SICh Uh separate cases told similar stories. The presiding Judge Andrew J. Guilford wrote in his opinion, dated Sept. 26, 2011: “Most shocking is the City’s weak repri mand o f Rincon. If one woman had brought an allegation o f sexual assault, Mdngione at the drums - she and her band plays at the downtown Market Oct 20. Photo C atherine Rtist then the Court could understand how the City might have concluded that the alle Complaint Filed Against Recall Committee? gations were not believable, and find no Although Protect Fullerton Recall No! After that date you can find who is back misconduct on Rincon’s part. But to dis announced that it had filed a 25-page com ing each o f the movements by going to miss the accounts o f seven women cer plaint with the Fair Political Practices www.cal-access.ss.ca.gov and plugging in tainly raises questions about the City’s Commission, no complaint had been each committees ID number. custom and practice around sexual received by the FPPC as o f Friday, Oct. 15. The movement to recall the three coun assault....At the end o f the day, the City According to the committee set up to cilmembers must gather 10,500 signatures put Rincon back onto the streets to con S2 £ oppose the recall o f Councilmembers by Feb. 16, 2012. The O C Registrar of tinue arresting women despite a pattern of Jones, Bankhead, and McKinley, the com Voters then has up to 30 days to verify the sexual harassment allegations. A reason plaint stated that the “Fullerton Recall signatures as those o f registered Fullerton able juror could conclude, based on these Committee” had failed to register with the voters. After verification, an election date facts, that the City simply did not care state and had not disclosed contributions or must be set no sooner than 88 days and not about what its officers did to women dur expenditures over $i,000 as is required. later than 180 days. On the same ballot ing arrest.” The committee set up to recall the coun voters will be asked to choose new coun Investigator Curtis McLean interviewed cilmembers is registered with the California cilmembers from those candidates throw women who had previously been arrested Secretary o f State, but, under the name ing their hats in the ring. by Rincon. In each case, McLean found “Committee Supporting the Recall o f Pat For updates on the recall movement go to that Rincon would switch off his DAR at McKinley, Don Bankhead, and F. Richard www. fullertonrecall. com . a certain point during the arrest. The “Dick” Jones,” with a filing number o f For updates on the counter movement go DAR (Digital Audio Record) is required 1340640. Protect Fullerton Recall No is to www.protectfullertonrecallno.com to be on during any interaction with the registered with filing number 1340873. Find the filing dates for 2012 and more public. The device records the audio por The first financial disclosures (Form 460) on the Fair Political Practices Commission tion o f confrontations and officers must for both committees are due October 31. website at www.fppc.ca.gov. download the files to the city computers at the end of their shifts. McLean sent the news. The Fullerton Observer is a 34-year- Attention Subscribers results o f the investigation to the O CD A old all community-written not-for-profit H Now is the last chance for subscribers to which failed to seek criminal charges on X K X z newspaper produced by a crew of local vol o o send in checks if they would like to contin the original meth possession arrest of -1 co unteers. We hope you enjoy it and thank C/3 H ue having the Fullerton Observer home Nastasi or the DUI against Bode or the nJ aaO cs you for your support! Thanks to all who s~ delivered by mail. Please send in $25/in- allegations o f sexual misconduct against ? . o have already responded! town (or $35/out-of-town) and we will Rincon. send you another year o f local hometown The Observer Crew Continued page 11 Courtesy of the Local History Room, Fullerton Public Library Page 2 Fullerton O bserver COMMUNITY OPINIONS MID OCTOBER 2011 D o n ’t Forget the Good Officers Owner of Stolen Jewelry Found! ullerton Tonight. 10/13/11, I returned found jewelry over to them for a I was in disbelief when I staffed I assisted them. the call o f a woman in La Habra final disposition. saw the condition o f Kelly Those calls for assistance bserver who said, "That is my jewelry." This would have never hap Thomas’s face and the fact would easily number into She proceeded to identify the pened and never been possible if that he died after being the hundreds and, in all main pieces shown in the photo the Observer had not been will arrested. I keep asking those years, I never once saw The Fullerton Observer Community Newspaper, founded by Ralph and Natalie Kennedy and a graph you ran, (Early Oct. page ing to run the photograph. myself, what were those a Fullerton Police Officer officers thinking and what mistreat or use excessive group of friends in 1978, is staffed by local 3) as well as some o f the other Thank you very much, you have citizen volunteers who create, publish, and lesser pieces. She said the faux made someone very happy. caused them to lose control force towards any citizen. distribute the paper throughout our community. pearl necklace had belonged to o f the situation? Let’s not forget all the This venture is a not-for-profit one with all her mother. According to the John T. Schaefer For 30 years as Sergeant good police officers that risk ad and subscription revenues plowed back woman, her La Habra home Fullerton for State University Police, their lives and patrol our into maintaining and improving our CSUF, I patrolled the city streets to allow us to sleep independent, non-partisan, non-sectarian had been burglarized in April. community newspaper. She provided us with the case ED: John, you are the kind of streets in and around peacefully in our beds at Our purpose is to inform Fullerton residents number for her La Habra burgla neighbor everyone wishes they California State University night. The Fullerton Police about the institutions and other societal ry and we told her we would take had. Thank you for going the Fullerton. Many times I Department still has lots of forces which most impact their lives, so that they may be empowered to participate the property to the La Habra extra mile and contacting the called on the Fullerton them. paper so the Observer could play Police for assistance and in constructive ways to keep and make these Police Department and turn it Sgt. T. A. Jones (retired) private and public entities serve all residents its part in such a happy outcome! when they were short in.