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September 17, 2009 in City
Zehm inquiry continuing
Attorney alleges police withheld details about fatal confrontation
More Spokane police officers could face criminal charges over the city’s handling of the fatal confrontation with unarmed janitor Otto Zehm, with newly filed court documents indicating a federal probe is continuing into potential obstructions of justice.
The new documents filed by Assistant U.S. Attorney Tim Durkin contain new details about the confrontation that suggest police and city officials have misled the public and others about what happened the night of March 18, 2006, when Zehm was beaten with a police baton, shocked with a Taser, and hogtied by a half-dozen officers before lapsing into a coma and dying two days later.
Among other things, federal prosecutors say Officer Karl F. Thompson Jr.’s attack on Zehm included baton strikes to the head, which contradicts the official police version of the struggle and could signal new problems in the city’s insistence that officers reacted appropriately.
City officials contend they’ve never interfered with the federal investigation and will soon offer their rebuttal to the court.
Head strikes are universally considered lethal force, a response considered acceptable only when officers fear serious injury or the loss of life, according to a use-of-force expert Roy Bedard, who was contacted by The Spokesman-Review.
“So, the question really is: Was the officer allowed to use deadly force at the time he was striking the subject?” said Bedard, who helps write the curriculum that officers use as part of Florida’s police academy.
Spokane police claimed for four months that Zehm first “lunged” at Thompson, even though video of the encounter showed no such action. Police also argued that Zehm refused to drop a plastic soda bottle that Thompson feared could have been used as a “significant” weapon.
“I don’t mean to make light of it, but if an officer can’t recognize a plastic 2-liter bottle as a nondangerous item … then we have a training problem,” Bedard said. “Unless there is no counterevidence to suggest otherwise, I would say this is not looking good for the officer. But, that’s what we have juries for.”
The court documents were filed late Tuesday by Durkin as part of a request to shut down the civil case until Thompson’s criminal trial can be held on Feb. 8.
A grand jury indicted Thompson in June, charging him with using unreasonable force when he attempted to detain Zehm and for lying to a detective investigating the fatal encounter.
Thompson was the first police officer to arrive on March 18, 2006, at a local convenience store after two young women erroneously reported that Zehm attempted to rob them at a nearby ATM machine.
As part of his motion, Durkin included a 28-page brief documenting a series of what he asserts are missteps by the Spokane Police Department, and for the first time acknowledged a federal probe of “one or more” officers listed in the civil case for “possible federal obstruction offenses.”
“In light of compelling government and public interests, and the preference of the speedy resolution to the criminal case trial, as well as the conclusion of the ongoing and continuing obstruction investigation, the United States respectfully submits that a global stay of the civil action and discovery process is warranted,” Durkin wrote.
Assistant City Attorney Rocky Treppiedi returned a call seeking comment and left a recorded message where he said the city will be responding with a motion of its own.
“You need to know there is absolutely no hindrance of the federal investigation in any way, and we’ll be establishing that with the documents we will be filing in court, and there is no further comment beyond that,” said Treppiedi, who is also the chairman of the board of Spokane Public Schools and is seeking re-election.
Jeffry Finer of the public interest law firm Center for Justice, which is representing Zehm’s mother in the civil case, called Durkin’s motion a “significant turn in the case.”
“The allegations in the government’s motion … raise new problems that we were unaware of,” Finer said.
As he had in past motions, Durkin again called into question the actions of Treppiedi, who apparently gleaned information from police and civilian witnesses called to testify before the federal grand jury and then fed that information to Thompson even after Chief Anne Kirkpatrick told federal officials that she imposed a department-wide gag order to help preserve the integrity of the government’s investigation.
“Mr. Treppiedi acknowledged being aware of his client’s gag order, but explained that since he was not an SPD employee that he was not bound by his client’s gag order nor by Chief Kirkpatrick’s expressed intention to help maintain the confidentiality of the (Department of Justice’s) investigation,” Durkin wrote.
Durkin said he spoke with several other federal prosecutors who have served the past 25 years for the Eastern District of Washington, and this case was the first time he could find that a fellow law enforcement agency’s civil legal counsel has funneled “normally confidential” investigation activities to the target of a federal probe.
Aside from conflict-of-interest issues, the case will be won or lost based on the government’s new assertions, said Richard Rosenstock, a longtime civil rights attorney from Santa Fe, N. M., who has written extensively about police misconduct.
“Deadly force changed the calculation. (Thompson) has to show that his or someone else’s life was in danger or the danger of serious bodily harm. That’s a big difference than having to show that you acted reasonably and used the amount of force needed for this guy,” Rosenstock said.
Rosenstock, who was retained as an expert by the Center for Justice to analyze the case but is no longer involved in the litigation, said city officials have also created a credibility issue because they have maintained for so long that Thompson didn’t hit Zehm in the head with a baton.
“If they win at trial, they can say that they saved money. But because of the way (city officials) are handling it, if they lose, the taxpayers are going to pay more,” he said. “It’s incredible that the city has not recognized what is going on and not tried to put it behind them.”
Bedard, the expert from Florida, said the public understands that officers put their lives on the line every day.
“They support the use of deadly force … when it’s reasonable and necessary,” Bedard said. “Absent that, the public is very, very hard on officers who are less certain about what level of threat they are facing and then respond with that level of force.”
Killing suspect remains at large 
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Rifleman_Dodd on September 17 at 12:39 a.m.
Each time there is another revelation of how they murdered Otto, the lies, the coverups, the criminal activity after the fact and the down right failure of the City of Spokane to admit they killed Otto Zehm makes me want to go back and UNVOTE for Verner.
We elected her to represent the small people, the disadvantaged and those whom are abused by the system and she sits on her a** doing nothing.
Is there anyone we can elect, hire, promote or draft to unscrew this god forsaken City thats run by the corrupt police department?
Pat O'Leary on September 17 at 6:14 a.m.
I think it is time to show Rocky Treppiedi the door. It seems that he can’t decide if he is defending the city or the cop. Now the revelations that he appears to be attempting to impede the federal investigation show he should be fired before he can do anymore damage. This case is just one more nail in the coffin of the Spokane PD’s credibility and I’m afraid, the city’s too. What a litany of failed oversight by the mayor and all the other elected officials. One case after another show a disregard for the safety of the people and concern only for the members of the P.D. What will this cop get away with and how much will this outrageous fiasco cost? God only knows.Justice for Otto? No way, that’ll never happen.
Ninch on September 17 at 7:34 a.m.
Verner? What is the relevance of bringing her up? She can do NOTHING during this federal investigation or she will herself be charged with obstruction.
Yes… Rocky should have been fired years ago. In almost every case he complicity fights to the end despite the evidence or law (aka constitutionality… e.g. Gypsy warrantless search) which costs Spokane taxpayers millions of dollars. Ironically, in years past the head city attorney was let go (fired) because the city council was determined to go ahead and ignore the law by revoking a permit… this also went to court and cost the city (taxpayers) millions. Another case involved a former unethical building official denying a legitimate permit after equally dishonest planners illegally redrew the shoreline boundary… another lost court case costing the city (taxpayers) millions. The list goes on and on. Smart attorneys are let go and the “win-at-all-cost attorneys (e.g. Rocky) are kept on board to keep wasting taxpayer money. No wonder the city has budget problems, even when the economy is good.
riverrat49 on September 17 at 8:48 a.m.
The Women Should Have Been Charged with False Reporting, The Officer(s) Need to Stand Trial and the City Needs to Get a Clue…The Officer(s) Made a very poor decision that night and before you start bashing this post in their defense I attended a Law Enforcement Academy been There Done That Yes They Don’t Have it Easy but “Minimum Force” Applies first,Last and Always…No Exceptions…I Would Never Have Felt Threatened by a PLASTIC BOTTLE even a Full One, An Officer Applying Proper Approach Techniques Would Never Have allowed themselves to get within striking range and would have tried talk-down techniques in order to diffuse/assess the situation. it’s Obvious given the time frame SPD was rushing things and thats when bad things happen. Give SPD their day in FEDERAL COURT and Hopefully justice for Otto will Prevail… If You Have a DD Child/Adult Please Brief them on how to react when approached by Police, I now we shouldn’t have too but maybe it will help.
To Chief Kirkpatrick Make your officers Visit Community Images get to know the Young People so Officers can Readily Identify these Situations First Hand not From Some Book or Manual…
a Former Policeman/Game Warden/Corrections Officer and Father of a DD Adult…
lewis8457 on September 17 at 9:00 a.m.
Mayor Verner has sided with the SPD through this whole thing and has stated more then once the police were justified for killing Otto. Rocky said the city will be bring its own motion in this case, showing he no longer has the brains god gave him. Even in the face of the tiger he will still spit in the tiger face.
It is time to weed out the bad cops and get some young blood in there that understands the words serve and protect. Time to put verner, rocky, and Kirkpatrick on the next train out of town.
We live in a city whose officials do not care about our safety in fact each one of us in their eyes is expendable. A pawn to be used and abused and then they cry when we vote no on something they want.
I applaud the federal government for stepping in other wise the city would have just swept this under the rug like everything else.
lewis8457 on September 17 at 9:01 a.m.
hopefully the feds will arrest Rocky for obstruction of justice.
Ron_the_Cop on September 17 at 10:51 a.m.
Lewis,
I too have concerns with the death of Otto Zehm. Of course I’m not privy to all what the feds have obtained in their investigation. I’ve watched several of the news videos but haven’t seen the enhanced video. With these caveats as a thirty-five year law enforcement professional and as two-term president of a large police officers’ association in So Cal, the issue at hand is the state of mind of Ofc. Thompson whether a federal criminal civil rights charge will be sustained by a jury. Police work is not pristine. It at sometimes can be downright ugly. There is a wide gap in public perception between reality and media fiction. Unfortunately the public’s expectations are based largely on the fictional representations we all see in the media. See my vitae:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/01/resume-2.pdf
In my view, yes there are some issues leading up to Ofc. Thompson’s first contact with Otto. Since I haven’t heard any audio of the incident, it’s unclear whether Ofc. Thompson gave any verbal commands to Otto to which Otto failed to comply. The plastic bottle weapon if as reported is true this, is lame. Had Ofc. Thompson known Otto from previous encounters I believe this incident would have been handed in a totally different manner. This is a problem for all law enforcement when dealing with mentally ill and or challenged individuals. Bare in mind Otto was a large framed individual and Ofc. Thompson was alone. In hindsight Ofc. Thompson perhaps should have waited for other officers before engaging Otto.
In any event if Otto was not responding to verbal commands of Ofc. Thompson, then escalating force such as baton strikes are warranted to gain compliance. Yes, baton head strikes are verboten but in the heat of a struggle the reality is that suspects move and there can be unintentional strikes. Bare in mind Ofc. Thompson didn’t have the benefit of hindsight that no crime had occurred. Ofc. Thompson responded to a call of an attempted robbery. He had no way of knowing what the girls were reporting to SPD dispatch was something less than a robbery.
Continued . . .
Ron_the_Cop on September 17 at 10:59 a.m.
At the point that Otto was subdued, I have major concerns with what happened afterward. Otto from what I’ve read was placed in a “hogtied position” in a prone position. At some point a “face mask” was applied by someone supposedly to keep him from spitting. In my mind it was these two factors that caused or in addition to other medical conditions attributed to Otto death. My first concern is that Otto was not placed on his side. There is conflicting statements from SPD on whether Otto was placed on his side and how long was he left in this position. There is considerable debate that placing a person in a prone position after a violent struggle my lead to cardiac arrest from what is termed positional asphyxia. Secondly the application of the face mask only would further restrict Otto’s breathing. And thirdly it was sometime before any of the many officers present realized that Otto had become unresponsive. When a subject is tasered there is some controversy within the LE that this can lead to cardiac arhythmia. All of these factors should have warranted the close monitoring of Otto’s responsiveness.
In short I don’t find sufficient specific intent the part of Ofc. Thompson to warrant a federal civil rights conviction. I do have some experience in this area as during my term as president of our association we had a very controversial shooting that become a national news story and the subject of a federal criminal civil rights investigation by the US Attorney’s Office in LA. The officers involved while fired for other reasons but after a very long investigation the US Attorney with grand jury testimony did not find sufficient intent to charge the officers:
“To prove a federal criminal civil rights violation of the applicable statute, Title 18, United States Code, Section 242, the government must establish beyond a reasonable doubt that the officers used more force than was reasonable under the circumstances, and that they acted “willfully,” that is, with the specific bad purpose of depriving Ms. Miller of her constitutional right to be free from unreasonable force. Mistake, misperception, or even negligence or poor judgment by a police officer is not enough to establish a violation of this statute.”
You can read their full findings here:
http://friendsofmarkfuhrman.org/blog/wp-admin/upload.php?style=&tab=browse-all&post_id=0
The feds my be successful in sustaining a conviction for lying to investigators e.g., Scooter Libby and Martha Stewart. In my book this is a “mulligan” if you can’t make your principal charge. I wish I had this tool to use against all the suspects that lied to me during the course of an investigation. This is the name of the game. On the other hand intentional lying for the purpose of obstructing justice is another matter. In my mind the civil civil rights case initiated by the Center for Justice my have more merit as the burden of proof standard is by preponderance and not beyond a reasonable doubt.
With that said I have major issues with police management with regard to policy, procedures, tactics, and training. First if I would have fired Acting Chief Nicks for his stunt with suppressing the video. This is exactly what causes the lack of public trust in SPD. And I would have fired or given substantial time off for those involved in destroying of the digital image evidence in the Northside firehouse rape case. Whether consensual or not the photos were illegal and chargeable as child pornography whether Co Prosecutor Steve Tucker believes otherwise.
Continued . . .
Ron_the_Cop on September 17 at 11:07 a.m.
And finally sorry for the length of this post but since I do not work for any of the agencies involved, I’m not constrained from expressing my professional opinion that may help the readers understand the dynamics of what occurred in the Otto case and others.
I have issues with making Ofc. Thompson the fall guy for the sins of the police administration and the City Attorney’s Office. Ofc. Thompson can only be held accountable for acting outside of the scope of his training and experience. My questions for police management. Have issues of positional asphyxia been discussed, polices and procedures developed and training given? Who or what approved and or condoned the application of face masks to control spitting of suspects? Was this an isolated incident and a spur of the moment application or was this an ongoing practice that was condoned by police management?
In short there were many mistakes made by police that may have caused or attributed to Otto’s death. This case was indeed a wrongful death. For whatever reasons the City should have apologized to the family of Otto and paid up. Police policy, procedure and training should have been immediately changed to prevent future occurrences. Do we know this has taken place? Why the City has dug in its heels and hasn’t settled this claim is another matter. My sources have given conflicting information which I’m not privy to disclose. These topics are all worthy of further investigation by the S-R to inform the public so that they may hold their elected officials accountable.
And lastly from a related discussion thread over at “Community Comment”, with my discussion with Lewis who is also outraged by the death of Otto, I have larger concerns re coverage of these high profile deaths in Spokane and the level of coverage given them by the S-R:
“Lewis,
Still water runs deep. The solution runs much deeper than the visible symptoms of the disease. . .
Lewis,
I shouldn’t be so cryptic. While I do have issues re police tactics and procedure re the death of Otto Zehm, I have more concerns with the Olsen/Pete shooting though of how or why a person with this poor level of judgment was ever retained for so many years by SPD. However I have the greatest concern with the death of Jo Savage in the RPS parking garage that may continue to be a death trap 24/7 but are [sic - our] elected officials are turning a blind eye and won’t check to ensure it is safe for public occupancy. I will not park there and neither will my wife . . .
Where is the public outrage here? Perhaps the public has not been informed [sic - as ] it should be by our paper of record?”
http://www.spokesman.com/blogs/commcomm/2009/sep/14/return-wild-card/#c69400
Ron_the_Cop on September 17 at 11:31 a.m.
Sorry I just realized I edited my own quote :-( The following wording was added to my quote to Lewis:
I have more concerns with the Olsen/Pete shooting though … “of how or why a person with this poor level of judgment was ever retained for so many years by SPD. ”
lewis8457 on September 17 at 11:33 a.m.
Ron 7 officers arrived at the mini mart that night to beat on poor Otto and not one of them stopped to ask why. Otto was never put on his side in the hogtied position and with the addition of the mask was sentenced to death right there on the floor of the mini mart. I hope we see Officer Thompson and the other 7 at least loose their jobs, as Spokane’s finest. And get to clean toilets for living.
Read the document center for justice handed the court when they filed the suit. It is a real eye opener. I understand the job of a cop is a dangerous one at times but they supposed to diminish riots not start them. Check out what happened at a peaceful demonstration in the summer of 2007. Witnesses said it was a near police riot. Sadly the cops across American are becoming more and more vicious, making them not the holders of law but the breakers of law. God help us all
Otto was an ex employee and friend of mine and getting justice for him is a personal matter.
Ron_the_Cop on September 17 at 11:56 a.m.
Lewis,
Thanks for your comments. As I said in the other thread, “still waters run deep.” I was just giving some background from my law enforcement experience from another area of the Country. I would be careful not to generalize and extrapolate from what might have occurred here in Spokane to other parts of the Country. Some of my colleagues who have also moved here have expressed to me what they have seen of the LE community in the Spokane Region is that it’s twenty years behind what were standards/practices were in So Cal. Sorry to be provencial. I know I’m an outsider. I have a strong bias in that I have great empathy for working police officers working the street. While on the other hard I do have issue with senior police management that fail to do their job.
The issues you wished changed must be addressed by senior police management/city staff and our elected officials. I have real concerns about making Ofc. Thompson the fall guy for the lapses of responsibility of senior police management/city staff. Changes in the actions/behaviors of Ofc. Thompson or other officers in the future will not occur unless change is initiated from above.
Spokane has improved in many ways since the 1930’s but some things still remain the same as I expressed re my comment about “breaking blue”:
“You really should read this link to the book Breaking Blue re what former Sheriff Bamonte did. This is what I’m referring to when I say that Bamonte and I our [sic are] breaking blue:
http://www.spokesmanreview.com/interactive/bookclub/reviews/staff_review.asp?RevID=24
Pat O'Leary on September 17 at 1:05 p.m.
Well, well, Ron the Cop. Apparently it is a lack of training and supervision from the top that caused Otto’s death. I disagree strongly. This cop is a veteran of many years and several jurisdictions and certainly he is individually responsible for this homicide. Most of the problems with the administration involved attempts to cover up the crime after the fact. This post of yours is like one giant apology and lame excuse for the failure of this individual to follow procedure and treat a human being with fairness and justice. Don’t try to shuffle the blame to others. There is no legitimate excuse for Otto’s beating and death. THE COP WAS DEAD WRONG! PERIOD! He, and those involved in the cover-up, should all be fired or indicted and tried for obstruction of justice….along with man-slaughter.
riverrat49 on September 17 at 5:59 p.m.
Ron-
Unfortunately there is a culture that exists within this department that needs to be laid to rest once and for all. You have mention more than a few examples but don’t forget the caught on tape audio clip from the SPD Surveillance Team in Which one insinuates the old days and removing his badge which left everyone to wonder what he planned on doing, then there is the illustrious Police guild which battled to return a Deputy to Duty After He Exposed himself to a Barista a Crime a Civilian would have Paid a Heavy Penalty for. But Mostly it is SPD that Seems to Shine from Shonto Pete to Otto Zehm to Crashing Police Cars While Playing Games, The Sad Thing Is there are a lot of Level Headed Good Officers, it’s time they Police themselves which is what 2 Brave Officers did When They Came forward during the assault of a Handcuffed Suspect..
and this Reminds me it was reported of a heavy presence of officers if they were in uniform and/or on duty what bizz did they have there, doesn’t the city have enough crime with out these yahoos ditching duties to support there own after all they could have signed a petition, what a waste of city funds…
brianrbreen on September 17 at 7:27 p.m.
Interesting vitae Mr. Wright. Although I tend to agree with some of the conclusions you have made from the various press accounts, those of us with considerably more investigative experience are going to wait until such time as all of the facts come out. As all good investigators know, until all of the facts are discovered through the investigative process one can’t make legitimate conclusions as to the circumstances surrounding the offense.
Interestingly, Officer Thompson, like you, is an ex-California Officer.
Though I’m not necessarily in disagreement with your assessment that local law enforcement is a bit behind the times, in my judgement several California juristictions are in the same boat, as are many agencies throughout the US.
Quite frankly, I think it is odd, at best, that someone would go into this long dissertation concerning the Zehm case and post their “vitae” in an effort to add credibility to their comments.
Ron_the_Cop on September 17 at 10:00 p.m.
Just Me,
Thanks for your comments. Yes we should wait to form conclusions when all of the facts are laid out in court. I just wanted to provide some context for the readers to aid in their understanding and where they should ask questions of their elected officials to ensure that this doesn’t happen again. Unless change occurs in police management we are destined to have more Otto Zehm cases. My intent was not to make excuses for Ofc. Thompson but to shed light on police management that so far have dodge the bullet re their responsibility in the death.
Further yes we as citizens should all be concerned about Otto Zehm’s death. My point was the Olsen/Pete case was more egregious in terms of how Ofc. Olsen was not weeded out sooner. And finally where is the public outrage re the death of Jo Savage? Perhaps the public has not been informed as it should have been by our paper of record so they would be outraged too?
lewis8457 on September 17 at 11:00 p.m.
I talk regularly to a friend in Wichita Kansas and she tells me the police there are just plain violent. If they pick up a drunk more then twice for disorderly conduct they break his ankles.
It is everywhere the police are out of control. And boo hoo their jobs are hard if they don’t like it no one made them be cops. In Spokane they get paid damn good for the little chance they may have of actually being hurt or killed. Of course LA is a different matter but this is Spokane.
Officer Thompson made no effort to communicate with Otto; he could have simply had Otto sit down while the others arrived. But with in 72 SECONDS he had Otto on the ground from beating him with his night stick 72 SECONDS!
Sorry I have no sympathy. They all deserve jail time as far as I am concerned.
lewis8457 on September 17 at 11:10 p.m.
Ron you are right in your statement the powers that be need to be held accountable. I think that is what ticks me off the worst the mayor I voted for that was supposed to be for the little people has stated more then once Otto’s death was justified.
I wonder if she would feel that way if he were her son?
The people in charge of our city just don’t care. And since our voting system is based on voting for the guy with the most money for his campaign we are all screwed blued and tattooed. Jim West was the last good mayor we have had and since we now know if the Cowles don’t like you they will take you out of office, even in a box if they have to. No one with a brain would run for mayor in this town.
Ron_the_Cop on September 18 at 2:43 a.m.
Lewis,
Now you’re getting the big picture and have hit of the core issue in this town. The police abuses you’re concerned about are only symptomatic of a much larger dysfunctional political/governmental environment that is thoroughly corrupt and/or co-opted. This is what I meant by still waters run deep.
BTW during my career at Riverside PD we had six officers murdered and several others who died in the line of duty from other causes.
Rifleman_Dodd on September 18 at 3:48 a.m.
There are two phases of issue here.
The beating/death of Otto and what happened AFTERWARDs.
The AFTERWARD has been as criminal as the beating/death with the lies, coverups, misinformations. etc.
Our highly trained Officers are at fault for the death, the Department is responsible for what happened AFTER the fact.
Lets hold each responsible for their actions or lack there of.
This should have been investigated, and adjudicated long long ago, however our Mayor just doesnt care and has publicly spoken out in support of Karl Thompson the murdered.
Its time both go away. I am ashamed I voted for her. Jim West (RIP) would not have put up with the last 3 1/2 years of this crap.
The Cities worried about the budget. Wait till they get the bill for this failure to provide justice. The City should have tossed a couple Million towards the decedants and settled the Civil Law suit years ago, but instead they let it fester.
Ron_the_Cop on September 18 at 11:20 a.m.
NOTE: Please bare with me in this long post but this is the story that should have been written by the S-R a long time ago. This is about as concise as I can be but still tell this story. Instead the S-R has actively shielded its readers from this information and will stoop to scrubbing comments in these blogs that would link to this information.
White collar crime and public corruption/conflict of interest cases are very complex and very difficult to prove. It is very difficult for any person much less have the time in their busy lives to assimulate all of the facts, connect the very divergent facts, and come to a logical conclusion. Murders investigation are far less complex. As a seasoned criminal investigator I have formed a professional opinion based largely on the collective investigative reporting of Tim Connor and Larry Shook. Let me tell you the story that the S-R has so far effectively concealed from its readers to conceal the criminal acts of its owners.
From that epic Western High Noon that has many similarities with Spokane. As the justice of the peace is fleeing town says:
“Why must you be so stupid? Have you forgotten what he is? Have you forgotten what he’s done to people? Have your forgotten that he’s crazy? Don’t you remember when he sat in that chair and said, ‘You’ll never hang me. I’ll come back. I’ll kill you, Will Kane. I swear it, I’ll kill you.’ . . .
As the Judge flees on horseback, he castigates the town: “This is just a dirty little village in the middle of nowhere. Nothing that happens here is really important. Now get out.” But Kane is steadfast: “There isn’t time.”“
http://www.filmsite.org/high.html
Rifleman Dodd,
These were the points I was driving at. In my opinion with what I know it will be difficult for the feds to prove the fed criminal rights violation beyond a reasonable doubt. They’ll probably get their lying to investigators sustained.
Yes there were major problems with police administration and the City Attorney’s Office all along in the Otto Zehm Case. I have major concerns with the advice given by the City Attorney’s Office in other issues. Bottom line the is the City, once the internal investigation was completed (assuming a complete, competent, and thorough one), the City should have apologized, settled with the heirs of Otto, and police administrators should have reviewed policy, procedures, practice and training and changed them accordingly to prevent future occurrences. Further administrative discipline should have been meted out. I would have fired Acting Chief Nicks for his stunt with the store video and anyone who assisted in covering this up. This is where the real fault lies.
The tragic case of Otto Zehm is only symptomatic of much deeper issues as I alluded to in my above response to Lewis:
“The police abuses you’re concerned about are only symptomatic of a much larger dysfunctional political/governmental environment that is thoroughly corrupt and/or co-opted. This is what I meant by still waters run deep.”
Which gets back to my point re “breaking blue”. Everyone should read this review by the S-R of this book about Sheriff Bamonte:
http://www.spokesmanreview.com/interactive/bookclub/reviews/staff_review.asp?RevID=24
With that said I will go out on the limb here as my comments on the “taboo subjects” are oftentimes “scrubbed” by senior management of the S-R with no explanation. I’ll leave it to the readers to figure out why. You can read more here where my comments can’t be scrubbed without explanation.
http://noisyroom.net/blog/2009/09/14/the-msm-doesnt-get-it/
“I suspect this has something to do with the link to the Girl from Hot Springs. I have cognitive dissonance with this disdain for the collective works of Larry Shook and Tim Connor by the owners of the S-R. As you know they are prestigious award winning investigative reporters of your profession. They are not hacks.
Continued . . .
Ron_the_Cop on September 18 at 11:20 a.m.
[Continued]
If your owners [Cowles Co] have issues with their reporting re their business dealings than they should challenge them where their reporting is not factual or in error. So far they have not chosen to do so. Instead those who would openly criticise [sic] the S-R for its apparent under reporting on certain lapses in S-R reporting re the interests of it owners, are marginalized and castigated for their views and opinions. This is counter to your new code of ethics re involvement of the owners in the editorial decisions of the paper re independence. I can’t help but think S-R OP-ED Editor and co-host of “A Matter of Opinion,” Doug Floyd, “shills” for the interests of the S-R owners. Mr. Camden walks a fine line too but at least acknowledges when he pulls something from his S-R Blog, “Spin Control,” for which I give him credit.”
If you’ve read my comments that remain in the S-R Blog threads re the RPS Bond Fraud and the manslaughter death of the Jo Savage in the RPS Parking Garage and related issues, I have major issues with the City Attorney’s Office. Their legal advice in these maters were not in the best interests of the citizens of Spokane. I instead of acting in the best interests of the citizens of Spokane their actions have cost the taxpayers perhaps as much as $100M if the second RPS bonds go to maturity. The debt service is costing $2M per year in general fund revenue. Actions of members of the City Attorney’s Office and other special counsel perhaps shielded appointed and elected City officials from criminal prosecution. The media should ask why Mayor Verner won’t waive the atty/client privilege of former City special bond counsel O. Yale Lewis.
http://friendsofmarkfuhrman.org/blog/?p=90
To his credit US Attorney Jim McDevitt filed this case against Ofc. Thompson. I don’t think they will able to prove their case in chief but it will go a long way to expose the level corruption in Spokane. This is a double-edge sword as it may expose McDevitt’s own complicity in the RPS Bond Fraud and subsequent cover-up:
http://www.camasmagazine.com/articles/viewArticle.asp?aid=203
Yes I know McDevitt was eventually “cleared” in a review by the US Attorney’s Office in Seattle. As Tim Connor is on the record as saying in his mind this was a “white wash”:
http://www.girlfromhotsprings.com/
The feds in their review to their credit did find cause based on the evidence they uncovered in their investigation to refer the Savage manslaughter death back to County Prosecutor Steve Tucker for consideration under existing WA state law as they said they have no jurisdiction in manslaughter. I attended Ast. US Attorney Westinghouse’s press conference and confronted him with the advisability in referring the Savage case to Tucker and not the State Attorney General’s Office. Mr. Westinghouse replied that their office had no evidence that Mr. Tucker’s Office wasn’t capable of handling such a review.
Well Sheriff Bamonte and I are calling FOUL and are breaking blue. In our opinion Tucker’s lack of conducting a complete, competent, thorough criminal investigation and following the evidence the feds obtains to its logical conclusion was criminal e.g., rendering criminal assistance (RCW 9A.76.070):
http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.76.070
This was a extremely strong case that should have criminally filed, tried and let a jury decide the guilt or innocence of the owners of the garage. The owners for some fifteen years ignored that these barriers were failing on average two to three times a year and yet took no action. Why? They had fully depreciated the parking garage in anticipation of transferring this accumulating liability onto the City with the RPS Bond Fraud. This was a cover up.
Continued . . .
Ron_the_Cop on September 18 at 11:20 a.m.
[Continued]
I filed a formal criminal complaint against Tucker with Governor Gregoire. You can find the link to my letter in this post:
http://friendsofmarkfuhrman.org/blog/?p=138
To this date the Governor Gregoire has not even acknowledge the receipt of my letter nor was my complaint ever covered by the S-R. A credible source has told me that Mr. Tucker can usually be found at the Globe Bar and or at the Downriver Golf Course. Others have added euphemistically added at the “19th Hole.”
And yes, Just Me, and others this is why I posted my professional vitae above for the readers here to determine if I have any basis for the opinions I have expressed. I am using the power of the new social media to expose the corruption in this City which has been aided by the S-R in it’s filtering, under reporting, self-censoring stories on the business dealings of its owners.
The S-R is willing to continue fanning the flames of the Otto death, righteously so, to inform its readers who then can hold those involved accountable for their actions. Similarly why hasn’t the S-R asked the same probative questions into the death of Jo Savage? By the S-R’s not doing so the S-R has shielded its readers from damning information that would have enraged the public to seek social justice against its owners.
County Prosecutor Steve Tucker must stand for election next year. I will not be voting for him. His office can’t win cases against police officers e.g., Jay Olsen and Rob Boothe with two officers breaking ranks to testify. Why? I have a very credible candidate in mind that I’m encouraging to run against Tucker. It’s obvious that the feds have no stomach to root out this corruption nor do those in Olympia. It’s up to the citizens of Spokane to choose to drain this swamp. An aggressive young prosecutor not afraid to go to court or to impanel grand juries to root out this corruption is what is needed to prevent future tragic deaths of likes Otto Zehm and Jo Savage.
Please read these letters and emails from the family of Jo Savage that I received from a public document request I filed with the State Attorney General’s Office. They in as much concur with Sheriff Bamonte and I that they death of Jo Savage was criminal.
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/09/sally-savage-letter.pdf
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/09/savage-letters.pdf
David Savage is a prominent personal injury attorney and former president of the WA State Bar. Savage’s new wife, Sally Savage, also emailed her former colleagues at the WA State AG’s Office. Sally Savage is a former WA senior assistant attorney general. Robert Rembert is the attorney of Savage’s law firm that initiated the civil suit on behalf of the family of Jo Savage. Rembert wrote Tucker and offered to share their entire civil case file to him. Mind you the insurance carrier settled this case very quickly. Why is this important? Because the evidence is so damning the principals did not want this information disclosed in public. The S-R has had these letters for many months but has chosen not to share them with its readers. Why?
Continued . . .
Ron_the_Cop on September 18 at 11:20 a.m.
[Continued]
Sometimes Sheriff Bamonte and I feel like Marshal Will Kane in the epic Western movie “High Noon.” Others say we should move on. Why continue? Things will not change in Spokane.
http://www.filmsite.org/high.html
Bottom line is we still don’t know if the RPS parking garage is safe for continued public occupancy. Neither the Mayor or the City Council have replied to my demand for an immediate inspection of the RPS parking garage:
http://friendsofmarkfuhrman.org/blog/?p=116
It could have been anyone of us or our loved ones that fell to their death instead of Jo Savage. With the apparent level of corruption in this City, can we, as citizens trust that the garage was fixed after her death? I will for one nor will my wife will park in this garage.
Sheriff Bamonte and I are seeking justice on behalf of the citizens of Spokane and have been thwarted at every turn by our colleagues in the law enforcement community, elected and appointed officials at the local, state and federal level who have turned a blind eye to this cesspool in Spokane. Neither Sheriff Bamonte nor I will be cowered by the Cowles Co and will pursue this case until justice is served.
Will the citizens of Spokane join with Sheriff Bamonte, Tim Connor, Larry Shook, Tom Grant, Mark Fuhrman, Randy Shaw, Steve Rudd, Dennis Beringer, Rex Franklin, John Talbott, Cherie Rodgers, Gary Ceriani, O. Yale Lewis, David and Sally Savage, others and I to rid this town of this evil or will they hide in the shadows like the town folk of Hadleyville did in the face of evil in High Noon?
THE END
Ron_the_Cop on September 18 at 11:23 a.m.
I was remiss I should have included Dick Adams too:-)
siouxmoody on September 18 at 12:33 p.m.
As someone who knew Otto from school, and respected his calm and quiet demeanor, I want to personally thank every single person who has fought to bring light to this sad sad event. Hopefully there will one day be justice for the unnecessary loss of a good mans life.
Otto would never believe there could be this many people defending him. He was humble, he was kind, and sadly those that knew him knew he was easily confused. The women who reported he attempted to rob them actually ONLY reported that a man mumbling to himself walked too near to them as they pulled money from an ATM. It was the police who assumed he must have tried to rob them. The rest, as they say, is a sad sad part of Spokane history. I am amazed though, that no one has given up this fight. He didn’t deserve to die- let alone by the hands of those who are supposed to protect.