Personnel files of officers in Kelly Thomas case must be turned over
The judge in the Kelly Thomas trial ruled Friday that portions of the personnel records of the two former Fullerton officers charged in the death of the homeless man be turned over to prosecutors and defense lawyers.
However, the judge gave Fullerton’s city attorney a week to challenge the decision before the Fourth District Court of Appeals, said Susan Schroeder, the Orange County district attorney’s office chief of staff.
If O.C. Superior Court Judge William Froeberg’s ruling stands, prosecutors will have to determine what evidence they’ll seek to introduce in court, Schroeder said.
The ruling came after prosecutors filed a motion Dec. 18 to get the personnel records for Manual Ramos and Jay Cicinelli to rebut a Fullerton police officer’s testimony that he saw no department violations in the video of the officer’s clash with Thomas.
Ramos is charged with second-degree murder and involuntary manslaughter; Cicinelli is charged with involuntary manslaughter and excessive use of force. Neither took the witness stand during the trial, which won’t go before a jury until next year.
They are no longer employed by the Fullerton Police Department for reasons that have not been made public. Their records are protected under California’s Police Officers Bill of Rights, Schroeder said.
The motion sought the results of any Fullerton Police Department internal affairs investigations related to the July 5, 2011, incident.
In particular, they requested any reports and records that found Ramos and Cicinelli violated department policy and any disciplinary actions.
Fullerton police Cpl. Stephen Rubio, who was formerly a use-of-force trainer with the department, testified that the actions of the two officers were within the department’s policies.
Defense attorneys also asked Rubio about a part in the video in which Ramos put on white latex gloves and tells Thomas, “See these fists? ... They’re getting ready to [f---] you up.”
He said Ramos’ profanity appeared to be only a “slight policy violation.”
The 33-minute video has been the centerpiece of the prosecution’s case. The black-and-white video, syncronized with audio from the officers’ recorders, captures the officers striking Thomas with a baton and the butt of a stun gun.
Attorneys for Ramos and Cicinelli argue they acted in self-defense when they dealt with a violent and out-of-control Thomas. Ramos and Cicinelli said in police reports that they were surprised by Thomas’ strength and feared he would get the upper hand in the fight.
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