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This archival content was originally written for and published on KPCC.org. Keep in mind that links and images may no longer work — and references may be outdated.

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Kelly Thomas Trial: Prosecutors rest case against former officers charged in beating death

Orange County District Attorney Tony Rackauckas shows the jury an image of Fullerton police trying to subdue Kelly Thomas at the Fullerton Transportation Center on July 5, 2011 during the trial of former Fullerton officers Manuel Ramos and Jay Cicinelli on Monday, Dec. 2, 2013 in Santa Ana, Calif.  Rackauckas told jurors that Ramos and Cicinelli were responsible for the death of 37-year-old Kelly Thomas in July 2011. Thomas, whose family says was schizophrenic, died five days after the violent confrontation with six officers who responded to a call about a man jiggling car door handles in a transit center parking lot. Ramos is charged with second-degree murder and involuntary manslaughter. Cicinelli is charged with to involuntary manslaughter and use of excessive force. Defense attorneys are seeking to introduce evidence that Thomas had a history of violence and suffered from psychotic episodes due to prolonged methamphetamine abuse.
Orange County District Atty. Tony Rackauckas shows the jury an image of Fullerton police trying to subdue Kelly Thomas at the Fullerton Transportation Center on July 5, 201, during the trial of former Fullerton officers Manuel Ramos and Jay Cicinelli.
(
Bruce Chambers/AP
)

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After just more than five days of testimony, prosecutors have rested their case in the trial of two former Fullerton police officers charged in the 2011 death of a mentally ill, homeless man.

The Orange County District Attorney's Office called 11 witnesses to stand in its case against Manuel Ramos and Jay Cicinelli, each charged with involuntary manslaughter in the death of Kelly Thomas. Ramos faces an additional count of second-degree murder. Cicinelli was also charged with use of excessive force.

On July 5, 2011, Thomas was involved in a violent struggle with six police officers, including the defendants, outside the Fullerton Transportation Center. He died five days later.

Many expected the prosecution's case to take longer, but Loyola Law School professor Laurie Levenson said a short case may have been part of the strategy devised by the Orange County District Attorney's Office.

""Seems like it has gone pretty quickly, " Levenson said. "If you look at high-profile cases, prosecutors have done best when they have been able to focus their case and get the most important evidence before the jury. If they spend too long presenting the case, jurors begin to wonder why, and the defense is better able to pick it apart."

The prosecution's case focused largely on a surveillance video of the struggle synced with audio from officers' voice recorders. At one point, Thomas is heard saying he can't breathe and calling for his father for help.

At one point in the video a man is heard saying, "I smashed his face to hell." Prosecutors say the voice belongs to Cicinelli. 

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Kelly Thomas Beating Video

Key testimony came from a pathologist contracted by the Orange County Coroner's Office to conduct the autopsy on Thomas. 

Dr. Aruna Singhania testified Thomas died from a lack of oxygen to the brain brought on by blunt force trauma to face and head and compression to the chest.

Prosecutors also questioned Dr. Michael Lekawa, a trauma specialist at UC Irvine Medical Center who treated Thomas the night of the incident. He testified Thomas remained "comatose" from the moment he first saw Thomas until he died on July 10, 2011.

Lekawa also testified that he agreed with Singhania that the cause of Thomas' death was a lack of oxygen to his brain, due to chest compression and head and facial fractures that Thomas suffered during the altercation with officers. 

Defense attorneys allege Thomas was the aggressor in the struggle and died from heart complications brought on by years of drug abuse. 

During cross-examination questioning from Ramos' defense attorney John Barnett, Lekawa testified the injuries Thomas suffered don't normally cause death. 

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Barnett also asked Lekawa if Thomas was able to speak during the struggle, didn't that mean he could also breathe? 

Lekawa answered "yes," and added, "But his voice gets slower. He is breathing some, but it's still inadequate."

Also testifying was Fullerton paramedic Ron Stancyk who said Thomas had been breathing on his own after the altercation but at a "slow rate."

Stancyk also said Thomas went into a cardiac arrest on the way to the hospital and needed CPR.

The defense will begin its case Thursday morning. During the trial last week, Cicinelli defense attorney Michael Schwartz indicated he would call expert medical witnesses to refute Singhania's cause of death determination.

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