Case details
Decedent’s mother: Wrongful denial of public records
SUMMARY
$0
Amount
Decision-Defendant
Result type
Not present
Ruling
KEYWORDS
died
FACTS
On July 5, 2011, petitioner’s decedent and son, Kelly Thomas, 37, a schizophrenic homeless man who lived on the streets of Fullerton, was severely beaten by members of the Fullerton Police Department. The decedent subsequently died five days later from his . After an investigation, District Attorney Tony Rackauckas charged Officer Manuel Ramos with one count of second-degree murder and one count of involuntary manslaughter, and charged Corporal Jay Cicinelli with one count of involuntary manslaughter and one count of excessive force. Both cops claimed they are innocent and await a future trial. Petitioner Cathy Thomas originally made a Public Records Act request to the Orange County District Attorney’s Office for certain records. The DA denied the request for records and provided legal reasons as the basis for the denial. Thomas subsequently filed a writ of mandate, challenging the denial. Thomas claimed that Rackauckas’ decision that blocked her access to records in the case violated California’s Public Records Act and her rights as a crime victim. The respondent contended that the release of the records to Thomas would interfere with the investigation and completion of the pending case against the officers. The respondent also claimed that allowing the review could lead to witness intimidation and interference. In addition, the respondent rejected the plaintiff’s contention that a court protective order preventing public dissemination of the records would maintain the integrity of the prosecution’s case. The petitioner responded that the DA’s contentions could not apply to all of the records and that the DA had already released the records to the officers’ counsel., The petitioner sought recovery in the form of a protective order allowing the records to be released to her.
COURT
Superior Court of Orange County, Orange, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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