Spokane police Officer Tim Moses may contradict testimony he gave to a grand jury in 2009 if he testifies as a prosecution witness in the federal trial of Officer Karl Thompson, according to court documents filed this week.
U.S. District Judge Fred Van Sickle issued an order today that requires Moses to testify. His lawyer, Chris Bugbee, has said he expects Moses to be offered immunity.
Bugbee told prosecutors that Moses' testimony "may be inconsistent with sworn testimony that he previously provided in front of the Grand Jury, in and for the Eastern District of Washington on June 16, 2009."
Prosecutors say Moses changed his statement about Thompson hitting Zehm in the head with a baton after talking to Thompson "and having later met with Defendant's counsel while then unrepresented by Mr. Bugbee."
Moses is one of 22 witnesses prosecutors sought to declare as hostile, which allows them more freedom in questioning. Hostile witnesses can be asked leading questions.
In a document explaining the need for the designation, prosecutors described the deep support Thompson has in the Spokane Police Department.
"Many local law enforcement officers and others have come to the defense of Defendant Thompson as they see this prosecution as an unwarranted attack on one of their own and on the Spokane Police Department that employs Defendant," according to a document filed Tuesday.
Moses is expected to testify today. Check here for minute-by-minute updates from the courtroom.