Kelly Thomas' Mother Wins Court Order Forcing the District Attorney to Explain Secrecy

BrianGurwitz.jpg
Deputy DA turned defense lawyer Gurwitz
An Orange County Superior Court judge has ordered prosecutors to explain a decision to block Kelly Thomas' mother from her right to inspect law enforcement files about the gruesome Fullerton police killing of her son in July.

Court records obtained by the Weekly show that Judge Linda S. Marks told District Attorney Tony Rackauckas that he has until January 12 to file a written explanation for thwarting Cathy Thomas' statutory, special access to the records because she is a crime victim.

The DA and Brian N. Gurwitz, Thomas' private lawyer and a former high-ranking Rackauckas adviser, will argue their cases at a scheduled Feb. 17 court hearing in Santa Ana.

Gurwitz says Rackauckas, the man who is prosecuting two Fullerton cops--Jay Cicinelli and Manuel Ramos--for unnecessarily killing the 36-year-old homeless man, doesn't understand his legal duty to the victim's family.

(The two accused cops, who've pleaded not guilty, face a March 28 preliminary hearing.)

Rackauckas claims that he is sensitive to the Thomas family but says that if he releases the files to anyone under the public records act, then he must release them to anyone to asks for them.

Dirty, morally-corrupt cops in Republican-dominated Orange County have long believed they are immune from public accountability for the crimes they commit.

--R. Scott Moxley / OC Weekly


Advertisement

My Voice Nation Help
23 comments
Freetibetbooks
Freetibetbooks

Why doesn't anyone ask questions about their relationships to each other, for example the murderers knew the victims for years, that changes everything under the law. There is something fishy about a Civil Rights writer and a Legal Column writer who censor blogs: Censored On Friends of Fullerton: To find out why look but don't touch freetibetbooks.wordpress.com.  #988 ... Ron Thomas' organizer Curt, sucker punched me…insisting that I participate at the ‘Kelly Thomas Memorial’ events; he gave me pics of Kelly to put in a book…I did put a pic from the papers in ‘The Jabberwocky’ blurb.com book. Ron… tried to sue me for unauthorized use of photos; the photo of Kelly is public domain. They Saw Me Coming: previously I had tried… to help Curtis…Curt insisted that I wanted to steal his ideas, a book about the transit system…my books are art books, not bus books…Curt was awe struck by my work…(but) no matter what I showed him or gave to him, he criminalized me. When I found out that he isn’t even homeless, but eats at Mary’s kitchen where he offers free bus passes (for a lewd fee) to homeless women, I felt hoodwinked. …They tried to play me like a slot machine. Ron posted to the ‘Friends of Fullerton’ blog: “This woman is out of her mind. ‘Kelly is dead so that Ralph’s can stay in business.’ Carolyn Phillips needs to leave me and Kelly alone. She has sent many E-Mails to me and some others with the same kind of BS. If anyone knows who she is, please get her some help.” –Ron (re: 2 emails offering the book as a gift, he never previewed it. He was mad that he didn’t get anything off of me, he sent his attack trained army of couch potatoes after me with internet libel.)

mpschwartz
mpschwartz

Interesting story.  Icame across this story doing a search on a related topic. Nice blog! Iappreciate the information you have here and will be checking back with yousoon. Thank you so much!

 

Webmaster of Canon 3ti

Ron Moore
Ron Moore

Just so you know 'heart break', this Tommy a-hole is probably one of those rogue, two-digit IQ'd cops as well.  They can't admit guilt against their own, so they blame the victim; in this case, the victims family.

Ron Moore
Ron Moore

There's something fishy about this whole prosecution.  First of all, why just the two, Ramos and Cicinelli?  Why not the other four cowards who had front row for at least 10 minutes while this death beating occured?  Is the FBI or any other agency going to file any indictments against the cops for confiscating cameras and phones from witnesses doing the right thing, as well as 'cooking' their reports after reviewing the cam-pole tape over and over again?  How could Jay Cicinelli have a charge of Involuntary Manslaughter and get a measly$25k bail?  A violation of a restraining order for any Joe Citizen would get a bail of $50k for first offense, then $100k for second and  so on.  Dammit!

Risinwind70
Risinwind70

They became dirty and morally-corrupt cops thanks to the 'blue wall of silence' and the dirty brass, the dirty DA and some dirty judges who have allowed them to brutalize innocent citizens.

TaylorHamby
TaylorHamby

Tommy: Uh huh. Because you knew all the circumstances between their relationship and know for a fact she didn't try to reach out to help her son when he was on the streets, right?

Jailoutbailbonds
Jailoutbailbonds

With a defense team like Gurwitz, it's no wonder, great work...

Tommy
Tommy

This lady is really something... She pushes for this but failed to push for her sons safety to get him off the street. Too little too late.

Denise
Denise

when law enforcement tries to keep info secret, you know their is info in ther report that shows that they are guilty as sin

20ftJesus
20ftJesus

There must be something juicy in there if T-rack wants it secret. 

Duncan H.
Duncan H.

Tony R purposely filed a weak case full of holes. Make no mistake these officers will walk.

Jean
Jean

Get real Tommy.....he's on the streets, so that justifies him being murdered!!!  I DON'T THINK SO!! I have to agree with some of the others, you must be a dirty and morally corrupt cop or at least a wanna be criminal wearing a badge and under the color of the law thinks it's okay to take the law into your own hands and be judge, juror and executioner....which is what that gang of so called 'protectors of the people' did!!

Boboorozco
Boboorozco

TommyJust because your mother has been able to keep you off the streets doesn't mean all mothers are able to help their mentally ill children.

heart break
heart break

you’re killing me with your comments. What does the behavior of the deceased man’s mother or father have to do with him being murdered? Not just murdered but beaten to death by people sworn to uphold the law.

Which is not meant to limit their effectiveness but to protect all of us as citizens of this great experiment called the United States of America.

I hope that if you ever have to experience anything similar that you receive more empathy than you are willing to give.

Risinwind70
Risinwind70

Spoken like a true 'Dirty' and 'Morally-Corrupt' cop!

Dave Lieberman
Dave Lieberman

You're right. She absolutely should've foreseen that her son was going to be murdered by a couple of police officers. That's totally something you can plan for.

(The preceding, for those who are sharpening their claws right now, was sarcasm.)

Elaine P.
Elaine P.

Tommy -- Have YOU ever attempted to get off of the streets a severely mentally ill relative who sleeps on the ground by choice?!  I doubt it.  If you had then you would know how incredibly difficult it is and you would never write an entry like this.  

These cops must pay
These cops must pay

Tomy you are a disgrace. Shame on you. I feel sorry for your mother.

pepper
pepper

Never blame the victim.

949girl
949girl

Yeah, this lady is something....she's standing up against the people who murdered her son and those trying to cover it up! Good for her! 

Pig
Pig

...walk they will but they better watch their back ;)

Now Trending

Anaheim Concert Tickets

From the Vault

 

Fashion

General

Loading...