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Friday, October 14, 2011

Mark Cabaniss, attorney who has been both a former prosecutor and public defender, joins Gadfly Radio with Martha and CalWatchDog next Tuesday night to discuss OC DA Raukaukas's Charges of only 2 of the Fullerton Six Police Officers invoved in the Fatal beating of Kelly Thomas

 Has OC DA Raukaukas handed down charges that make it very possible for both men to get off with little if any time behind bars?  Are the charges lenient?   Did he set up the charges with an easy escape hatch for the officers?  What are very possible and probable outcomes given these charges?

Below are essays Mark Cabaniss was inspired to write, given the grotesqueness of this case of Police criminal abuse of power.    They were published at CalWatchDog, and picked up by the Friends for Fullerton's Future Blog and the Greater Long Beach Newspaper Publication. 


OC DA’s POLICY OF PRE-EMPTIVE SURRENDER  

Monday, September 12th, 2011 By MARK CABANISS

It is getting close to decision time for Orange County District Attorney Tony Rackauckas in the Kelly Thomas case, in which six Fullerton police officers are accused of beating Thomas to death. While the investigation is still not completed and must be b...


THE KELLY THOMAS CASE: INVOLUNTARY MANSLAUGHTER OR FELONY MURDER?

By Mark Cabaniss | August 31, 2011, 5:34 pm

An involuntary manslaughter charge depends on the assertion that the police were lawfully arresting someone. But if they beat Thomas after he lost consciousness, it was no longer a lawful arrest. Felony murder---death arising from a felony---could be based on Thomas' death arising from battery with serious bodily injury, mayhem or torture, as examples.There does not have to be any intent to kill.


TO END POLICE ABUSE, PUNISH ABUSERS 

Tuesday, AUGUST 16, 2011 By MARK CABANISS

Let us be clear: Kelly Thomas’ death was not a “tragedy’ during a “confrontation,” or an “altercation"; it was a gang killing in which six men beat to death a small, mentally ill man who was completely unconscious as the final death blows fell.
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Botched Paramilitary Police Raids: An Epidemic of "Isolated Incidents"

"If a widespread pattern of [knock-and-announce] violations were shown . . . there would be reason for grave concern." —Supreme Court Justice Anthony Kennedy, in Hudson v. Michigan, June 15, 2006. An interactive map of botched SWAT and paramilitary police raids, released in conjunction with the Cato policy paper "Overkill: The Rise of Paramilitary Police Raids," by Radley Balko. What does this map mean? How to use this map View Original Map and Database

Key

Death of an innocent. Death or injury of a police officer. Death of a nonviolent offender.
Raid on an innocent suspect. Other examples of paramilitary police excess. Unnecessary raids on doctors and sick people.
The proliferation of SWAT teams, police militarization, and the Drug War have given rise to a dramatic increase in the number of "no-knock" or "quick-knock" raids on suspected drug offenders. Because these raids are often conducted based on tips from notoriously unreliable confidential informants, police sometimes conduct SWAT-style raids on the wrong home, or on the homes of nonviolent, misdemeanor drug users. Such highly-volatile, overly confrontational tactics are bad enough when no one is hurt -- it's difficult to imagine the terror an innocent suspect or family faces when a SWAT team mistakenly breaks down their door in the middle of the night. But even more disturbing are the number of times such "wrong door" raids unnecessarily lead to the injury or death of suspects, bystanders, and police officers. Defenders of SWAT teams and paramilitary tactics say such incidents are isolated and rare. The map above aims to refute that notion.

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