Deputy DA turned defense lawyer Gurwitz
Deputy DA turned defense lawyer Gurwitz

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

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


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