12-29-2013, 10:58 AM
UPDATE
Defense Case in a Nutshell - Self Defense
Before the trial broke for the holidays, attorneys for Ramos and Cicinelli argued 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.
Neither of the former officers took the stand.
Prosecution Motion for Introduction of New Evidence
A motion was filed by the prosecution on December 18th; they want access to the Fullerton PD's Internal Affairs personnel files for former officers Ramos and Cicinelli, particularly those related to the Kelly Thomas beating investigation.
Prosecutors contend that the contents therein may contradict the defense's "use of force" expert's testimony that neither officer violated policy during the beating of Kelly Thomas.
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.
The judge 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.
Trial Schedule
The trial will resume next week, following a 2 week holiday break.
Ref: http://www.latimes.com/la-me-ln-kelly-th...nnel-files 20131227,0,1587881.story#ixzz2osI6Cfpo
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You just know that the defense REALLY does not want those personnel files introduced to a jury if they contain any indications that IA investigators believed the officers had acted against policy (which I suspect they do).
Defense Case in a Nutshell - Self Defense
Before the trial broke for the holidays, attorneys for Ramos and Cicinelli argued 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.
Neither of the former officers took the stand.
Prosecution Motion for Introduction of New Evidence
A motion was filed by the prosecution on December 18th; they want access to the Fullerton PD's Internal Affairs personnel files for former officers Ramos and Cicinelli, particularly those related to the Kelly Thomas beating investigation.
Prosecutors contend that the contents therein may contradict the defense's "use of force" expert's testimony that neither officer violated policy during the beating of Kelly Thomas.
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.
The judge 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.
Trial Schedule
The trial will resume next week, following a 2 week holiday break.
Ref: http://www.latimes.com/la-me-ln-kelly-th...nnel-files 20131227,0,1587881.story#ixzz2osI6Cfpo
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You just know that the defense REALLY does not want those personnel files introduced to a jury if they contain any indications that IA investigators believed the officers had acted against policy (which I suspect they do).