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Preliminary Hearing for Kelly Thomas Case

Update on the proceedings in Kelly Thomas case for the week of May7th, 2012 

Orange County District Attorney's Office
Phone: (714)834-3600
District Attorney's site: http://orangecountyda.com/home/index.asp
DA Media Advisory

What is happening regarding the Kelly Thomas case this week?

Today, the Orange County Superior Court is holding a preliminary hearing regarding the death of Kelly Thomas. The preliminary hearing determines if the charges are appropriate and whether there is enough evidence to require a trial.
Monday, May 7, Preliminary Hearing
Time 9:00 a.m.
Orange County Superior Court Santa Ana

What are the potential outcomes of the preliminary hearing?

The judge will hear from both sides of the case, the prosecutors on behalf of the people of California, and the defense on behalf of police officers Ramos and Cicinelli. The judge will decide, based on the law, if there is enough evidence to hold the trial. Specifically, the judge could keep the charges as filed and set the trial date, or the judge could reduce or lower the charges according to the evidence presented, or the judge could determine that there is not enough evidence and dismiss the case.

Will any new evidence be available to the public?

The previously unreleased police surveillance video of the incident will be presented in court.  The Judge will determine if this video can be released to the public.  The City of Fullerton provided this and other evidence to the District Attorney early in the investigation. 

What is the employment status of accused Fullerton officers Ramos and Cicinelli?

As required by state law in the Police Officers Bill of Rights, the officers remain on unpaid administrative leave.

What is the City of Fullerton’s and the Police Department’s position on this incident?

The City of Fullerton is cooperating wholly with the district attorney by providing background information, witnesses, and any other information as requested by the prosecution. Because litigation is pending on this case, and state law pertaining to personnel issues prohibits it, the City, Council and Police Department cannot comment.

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