Opening Statements Begin in Kelly Thomas Wrongful Death Case

Attorneys were expected to make "mini-opening statements" Monday before a large pool of potential jurors for the trial of a wrongful death case filed against the city of Fullerton over a deadly police struggle that led to a transient's death four years ago.

Jurors were expected to fill out questionnaires and were expected to be asked about their availability to serve. Individual questioning of panelists is expected to begin Nov. 16. Ron Thomas filed the lawsuit on the one-year anniversary of his son's death, alleging assault and battery, negligence, wrongful death and civil rights violations.

Monday afternoon, Orange County Superior Court Judge Kirk Nakamura was expected to hold a hearing on a defense motion requesting sanctions against Thomas for comments he made during a radio interview about an expert report the city commissioned after his son's beating. The comments came after Nakamura ruled that the report by former federal prosecutor Michael Gennaco, which recommended firing some of the officers involved in the beating because they violated city policy, would not be evidence in the trial.

The defense attorneys argue that Thomas' comments violated a September gag order issued by the judge. They want punitive damages ruled out as a result. Attorney Garo Mardirossian, who represents Thomas, has argued in court filings that the Gennaco report was a public document available to anyone before the judge's ruling, so any prohibition from commenting on it would violate his client's First Amendment rights as an instance of prior restraint.

Last week, the judge granted a defense request to have Dr. Gary Michael Vilke, an emergency physician at UC San Diego, take the stand in the trial. Vilke testified in the December 2013 criminal trial in which ex-Officer Manuel Ramos and former Cpl. Jay Cicinelli were acquitted of charges stemming from the July 5, 2011, struggle with Kelly Thomas at the Fullerton Transportation Center.

The 37-year-old transient was taken off life support five days later. Mardirossian argued that Vilke should not be allowed to testify because his expertise on in-custody struggles comes from test subjects who did not experience what his client's son did in his battle with Fullerton officers.

Attorney David Lawrence countered that Mardirossian offered "an argument he can make to a jury ... (Vilke's) an expert and he has to rely on the science in his field."

Local

Get Los Angeles's latest local news on crime, entertainment, weather, schools, COVID, cost of living and more. Here's your go-to source for today's LA news.

Dodgers home opener overshadowed by Shohei Ohtani interpreter scandal

Convicted killer who left Santa Ana halfway house is in custody

Lawrence said Mardirossian cannot make a showing that Vilke's theories are "novel" or have been rejected by the scientific community. The judge agreed that Vilke is an "eminently qualified expert in his field," but said he would sustain any objections about details on Vilke's research.

Contact Us