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Kelly Thomas case: Jurors may be told to disregard some testimony
Los Angeles Times ^ | January 3, 2014 | Adolpho Flores

Posted on 01/05/2014 11:50:49 AM PST by FBD

Jurors in the trial of two former Fullerton police officers accused of beating a mentally ill homeless man to death will probably be told to disregard the opinions of witnesses who said the two acted within department policy.The admonition is expected to be part of jury instructions that are still being negotiated by attorneys in the trial over the beating death of Kelly Thomas.“You are ordered to disregard those opinions,” a draft of the admonition says. “It is up to you to determine whether the defendants used excessive or unreasonable force based on all the evidence that has been presented in this trial but you may not consider evidence that has been stricken.”The probable instruction results from prosecutors' attempts to challenge the testimony of two witnesses who said defendants Manuel Ramos and Jay Cicinelli acted, for the most part, within Fullerton Police Department policy.

(Excerpt) Read more at latimes.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: donutwatch; fullerton; kellythomas
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To: driftdiver
I'd be a great jury foreman in this case. "All this creates a mindset where this becomes acceptable". Whatever... guilty as charged. We'll see you in about 40 years. Have a nice day.
21 posted on 01/05/2014 12:36:50 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: driftdiver

They (the Fullerton police dept.) definitely approved of this beating. The dept. sat on this case for months. They fought the release of the transit video, and now they’re fighting the release of records of these two officers. Their policies are wrapped in a culture of corruption.


22 posted on 01/05/2014 12:39:47 PM PST by FBD (My carbon footprint is bigger than yours)
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To: FBD

They need to die slowly, ignominiously and screaming in pain for the foul hos that begot them. That’s justice.


23 posted on 01/05/2014 12:45:49 PM PST by Anton.Rutter
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To: BenLurkin

Am i mistaken here? My read was that the prosecution wanted the personnel records of Ramos and Cicinelli, and the reason(s) they were fired. The defense and the city both fought that release, from my understanding.


24 posted on 01/05/2014 12:47:00 PM PST by FBD (My carbon footprint is bigger than yours)
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To: FBD

Imagine saying...”they broke into the home and killed the family during the robbery.... but they learned this from their family environment. It was a product of their raising. Their father had modeled it for them. The gang they were in taught them to rob and steal. They weren’t smart enough to overcome their bad raising. It was acceptable in the culture they were raised and taught in. It was definitely okay for the people that had influence on thier lives.”


25 posted on 01/05/2014 12:47:42 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: kjam22

It does matter, because even if these two are convicted the other cops and managers will only double down unless you change them.


26 posted on 01/05/2014 12:47:51 PM PST by driftdiver (I coso men havent could eat it raw, but why do that when I have a fire.)
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To: driftdiver

You just build bigger prisons for the rest of them. And after you throw these guys in prison you elect city officials who will fire the police chief etc.... or who will instruct the city attorney to press charges against the chief. That’s the way the system works.


27 posted on 01/05/2014 12:52:33 PM PST by kjam22 (my newest music video:http://www.youtube.com/watch?v=l7gNI9bWO3s)
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To: kjam22

Yeah, I don’t think that would fly. But it does in the LEO world, apparently.


28 posted on 01/05/2014 12:52:46 PM PST by FBD (My carbon footprint is bigger than yours)
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To: FBD

Ya, agreed, the testimony was whack. It always seems odd to hear a judge say ignore what you just heard. For me, it would’ve colored my judgment inasmuch as it seems to be blatant covering up by friends in what should be positions of respect.


29 posted on 01/05/2014 12:53:37 PM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Anton.Rutter

It will be interesting to see what kind of sentence will be meted out, if found guilty. Segregated prison housing?


30 posted on 01/05/2014 12:55:36 PM PST by FBD (My carbon footprint is bigger than yours)
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To: FBD

I could be the one mistaken.

Either way — it demonstrates how trials are a farce.


31 posted on 01/05/2014 12:55:46 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: andyk

What’s heard cannot be unheard. No matter what the judge’s instructions are. I don’t think it will play in the favor of the defense.


32 posted on 01/05/2014 1:01:36 PM PST by FBD (My carbon footprint is bigger than yours)
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To: BenLurkin

Agreed. Why are they allowing the personnel records to be hidden? Gotta be a liability issue for the city.


33 posted on 01/05/2014 1:07:21 PM PST by FBD (My carbon footprint is bigger than yours)
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To: FBD

“He said that even though Thomas could be heard saying he couldn’t breathe and was apologizing to officers, Craig didn’t believe the officers should have gotten off him because Thomas continued to fight them.”
Or of course he was thrashing about as someone being denied air will do.


34 posted on 01/05/2014 1:17:54 PM PST by wiggen (The teacher card. When the racism card just won't work.)
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To: lee martell; FBD
It must all come back to the way they are chosen and they way they are trained. The police either already fit a psychologic mold coming in or morph to fit this mindset during training.

Bad news if there's ever an outfit that selects for amoral officers with so little regard for human life.

Maybe you've seen this video and related story about deadly dogs chasing cats despite being asked to back off by dispatch, or this story about how after an hour-long chase and 38 cop cars, a nut in a Corvette was gunned down, presumably for reckless driving! Never occurred to the cops to wait until the guy ran out of gas. They had aerial recon. There's no way the guy was going to get away...

It's "police" boys such as these who make up Brownshirts. A man with a conscience would have walked away long before shots were fired or beatings were commenced.

35 posted on 01/05/2014 2:41:50 PM PST by Finny (Thy word is a lamp unto my feet, and a light unto my path. -- Psalm 119:105)
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To: BenLurkin

Our trial system is adversarial. I don’t know of any competent lawyer who would say otherwise.


36 posted on 01/05/2014 2:48:22 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Moonman62

Of course it is — but I have heard attorneys tell juries that they will be participating in a “search for the truth.”


37 posted on 01/05/2014 2:50:42 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Yaelle

I say by the time a beating becomes life threatening, you’ve long last the ability to resist. It just isn’t that easy to beat a person to death. It is a very willfull act.


38 posted on 01/06/2014 5:56:42 AM PST by LevinFan
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To: FBD

” What’s disturbing is, these officers and
the police chief really didn’t believe they
did anything wrong.”

I’ve seen a lot of cop comments much as you say. They just can’t, or won’t see actions as wrong. Look at how defensive LE was of the newspaper ladies shot in the Dorner hunt.


39 posted on 01/06/2014 6:01:55 AM PST by LevinFan
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To: wiggen

” Or of course he was thrashing about as
someone being denied air will do.”

Nor will cops recognize that if you send the message that you aren’t taking prisoners today, all reason to try to surrender becomes worthless.


40 posted on 01/06/2014 6:10:55 AM PST by LevinFan
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