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. 


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…


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.


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.

What About Those Other Four Cops, Their Bosses, and the FPD Code of Silence?

Posted at Friends for Fullerton’s Future Blog by Grover Cleveland in Law ‘N Disorder, Setting The Bar Low, The Crime Beat on September 22nd, 2011:

Watch as the DA explains how the other four officers involved in the Kelly Thomas murder did not mention excessive force when they wrote their reports of the incident.

There is a video posted of DA Raukakus speaking about the other four police officers involved in the fatal beating of Kelly Thomas

Watch as the DA explains how the other four officers involved in the Kelly Thomas murder did not mention excessive force when they wrote their reports of the incident.

Also recall that those reports were supposedly written (and even more importantly, rewritten) to the satisfaction of “The Management” who watched the tape.

Put it all together and you’ve got the makings of a full-fledged cover up. 

Click to read the post and see the short 30 second video.

YouTube video of DA Press Conference Fullerton Police:

YouTube video of DA Press Conference Fullerton Police: Murder. Manslaughter. Excessive Force. Officer Manuel Ramos will be charged with second-degree murder and involuntary manslaughter. Cpl. Jay Cicinelli will be charged with involuntary manslaughter and use of excessive force.

OC DA Prosecutes Fullerton’s Killer Cops | CalWatchDog


SEPT. 21, 2011


The tide is definitely turning in the way the public, and perhaps even district attorneys, view police officers who kill and abuse civilians and abuse their power. Orange County District Attorney Tony Rackauckas has filed serious charges against two Fullerton police officers who were part of a gang of six officers who beat to death a harmless homeless man named Kelly Thomas.

According to the Orange County Register, “Fullerton police officer Manuel Ramos will be charged with second-degree murder and involuntary manslaughter, Rackauckas said during a packed news conference. If convicted on both charges, Ramos faces up to 15 years to life in prison. Cpl. Jay Cicinelli will be charged with involuntary manslaughter and use of excessive force. Those charges carry a maximum sentence of four years in prison.” Click to read the post.

Tomorrow is a big day for the City of Fullerton–DA Raukakas holds a press conference at 11 AM to announce charges on the Fullerton Six

Tomorrow is a big day for Fullerton. I take a deep breath and then release when I think about it. People engaged in this issue are being a powerful stand for integrity of public service and safety. I saw Dick Ackerman and his wife a few times at the CA GOP Convention. I ran into them when I was looking for Ben Boychuk, Bill Evers and Ben Chavis’s workshop on Education. They were conferencing with two others… I can’t remember who it was. They don’t understand the issue of integrity in this matter. Don Bank Head: Champion of ethics and civil rights!

The Fullerton 6: A Death Penalty Case–Published at Fullerton’

September 8, 2011
By Mark Cabaniss, an attorney who has worked as both a prosecutor and as a public defender.

Mark has written several interesting pieces on the Kelly Thomas case over at and

Reportedly, the Orange County DA is waiting for the coroner’s report before deciding whether to file charges against the six Fullerton police in the beating death of Kelly Thomas. As the medical evidence comes in, it looks increasingly likely that charges will be filed. But will the charges, if they are brought, be minimal, or will they be serious? Will they be the most serious charges warranted by the evidence? We don’t know. What we do know is that Kelly Thomas died after six Fullerton police severely beat him. The DA is still waiting for the official cause of death to be determined, but for the sake of this article, I am going to assume that the death came about as a result of the beating. Now let us make two further assumptions:

Click here to read more.

Tonight on Gadfly Radio w/ Martha Montelongo and CalWatchDog’s John Hrabe, CA City Journal’s Ben Boychuk, with special guest Mark Cabaniss

Gadfly Radio Tonight, at 8 PM PT

Live Call in number: 1-818-602-4929 
August 16, 2011 Tonight live at 8PM PT:  Tonight on Gadfly Radio, Ben Boychuk of CA City Journal joins me as we talk with John Hrabe of CalWatchDog on the CA Redistricting, and Mark Cabaniss on his take on the Fullerton Police Department gang of 6 who should be prosecuted for murder and what the public needs to watch for and resist from the O.C. District Attorney.  We’ll discuss Ben’s on-line debate on the Parent Trigger for Education reform,  Los Angeles Mayor Antonio Villareigosa’s pronouncement today at a press club event calling for “reform” of Prop 13, and why is Ron Paul ignored as a top tier candidate? 

Related links:

To end police abuse, punish abusers By Mark Cabaniss, an attorney from Kelseyville, California, who has worked as a prosecutor and public defender in his former state of residency.

The Parent Trigger: A Positive Step or a Distraction for Improving Our Public Schools? an online debate featuring Ben Boychuk and Julie Cavanagh.

Mike Ward: Redistricting Panel Broke Law by John Hrabe of

Carla Marinucci blogged today following LA Mayor Antonio Villaraigosa calls for overhaul of “corporate giveaway” in Prop. 13 “in a much-anticipated speech to the Sacramento Press Club today, urged progressives to “stand up to the idealogues” of the Tea Party and called for massive overhaul of state tax system — including Prop. 13 — to protect California’s future and resources, including education.”

I want to ask our panel, Why the media black out of Ron Paul’s 2nd place victory at the Iowa Ames Straw Poll on Saturday?

We’ll take your calls, questions and comments on the air at 1-818-602-4929.

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