Spokane7
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September 23, 2009 in City
Police reject allegations by federal prosecutors
Feds: Witnesses will describe needless force against Zehm
Attorneys representing Spokane police in the Otto Zehm lawsuit launched a counterattack Tuesday against suggestions by federal prosecutors that they withheld information about the fatal confrontation in 2006. Sworn statements from police officers filed in U.S. District Court also contend a federal prosecutor tried to intimidate them last fall into changing their testimony to the grand jury.
Federal prosecutors, meanwhile, fired their own salvos in what amounts to a war of printed words. They said they would call witnesses in an upcoming criminal trial to describe how Zehm, an unarmed janitor, was struck in the head with a police baton, an unwarranted use of force for the level of threat he posed and a stark contradiction to the Police Department’s official version of events.
Some of the documents were filed in a federal lawsuit Zehm’s family has brought against the city of Spokane for his death in March 2006. Others were filed in the criminal case that charges police Officer Karl Thompson, the first officer to confront Zehm, with using unreasonable force and lying to investigators.
A hearing on whether the civil case should be delayed while the criminal case is pending is scheduled for this morning in federal court.
The city filed sworn statements, known as declarations, from 15 people, including Assistant Chief Jim Nicks and other officers named in the lawsuit. Nicks and the other defendants said they object to federal prosecutors’ request to delay the civil lawsuit while the criminal case continues.
“This matter has dragged on much too long without providing me and other defendants to be able to present evidence to a court and clear our names,” Nicks said in his sworn statement.
Attorneys for Zehm also said they believe the lawsuit should continue, arguing Zehm’s mother, Anna Zehm, is in poor health and her case should not be “sidetracked” for months. Federal prosecutors’ contention that city attorneys are misusing the civil process to help Thompson with his criminal case could be handled with orders from the judge limiting the release of information, wrote Jeffry Finer, an attorney for the Center for Justice.
The sworn statements filed by local law enforcement officers countered allegations by federal prosecutors earlier this month that Assistant City Attorney Rocky Treppiedi was preparing and debriefing officers subpoenaed to testify before a federal grand jury, despite a gag order imposed by police Chief Anne Kirkpatrick.
Nicks said there was no gag order that would have prevented officers from conferring with Treppiedi.
Officers said they believed they were talking with Treppiedi as their lawyer for the pending civil suit. Detective Mark Burbridge, a lead investigator on the case, said he met with Treppiedi and other city attorneys after the Zehm claim was filed: “As I understood it, all meetings were within the attorney-client privilege.”
He said he also met with attorney Carl Oreskovich, who represents Thompson in both the civil and the criminal cases, but contended that meeting was only for “discussing civil issues surrounding the incident.”
Burbridge said in his statement that Oreskovich and another detective told him federal investigators thought he filed false reports in the Zehm case. When he arrived for an appearance before the federal grand jury in June, Assistant U.S. Attorney Tim Durkin took him into a conference room where federal prosecutors and investigators were waiting and said they had other witnesses who’d given different testimony. Burbridge said he was told that if he testified that his reports were accurate he could be indicted for perjury.
“I told everyone present to ‘pound sand’ and I would be testifying to the accuracy of my reports,” Burbridge said in his statement.
Durkin said he couldn’t comment on the grand jury investigation, but said law enforcement personnel should know that the goal of any investigation is to get the facts: “That’s all we’re looking for is the truth.”
Zehm, who had been mistakenly identified as a robbery suspect, died in March 2006 following a confrontation with more than half a dozen Spokane police officers in which he was beaten with a wooden baton, shocked with a Taser and hogtied on the floor of a convenience store.
Police initially claimed Zehm “lunged” at the first officer on the scene, Thompson, even though video showed no such movement.
Documents now indicate that police have had trouble determining who first claimed that Zehm “lunged” at Thompson, a contention police made in the days after the incident and maintained for months.Nicks said he was told Zehm lunged at Thompson, but he couldn’t recall by whom. Documents filed by federal prosecutors show that Nicks’ notes from that night describe Zehm as lunging at Thompson but don’t attribute the allegation; those notes also describe Thompson’s use of a baton as defensive, striking him on the legs.
But witnesses the federal government plans to call in the criminal trial are expected to say that Zehm was struck in the head as many as three times. Spokane County Medical Examiner Sally Aiken will testify to injuries she discovered on Zehm’s head during an autopsy, according to documents filed in federal court. Another medical expert will describe three injuries to Zehm’s skull that had to have come from a police baton and that would not be a result of him falling against a counter or hitting his head on the floor.
Experts on the use of batons by police will testify there was no need to strike Zehm in the head, based on his actions that are seen on the videotapes. Other doctors who worked on Zehm the night of the incident will also testify that they saw injuries that would have come from a baton strike.
Durkin also filed a series of exhibits, including a June 15 memo he sent to Treppiedi objecting to what federal prosecutors saw as a conflict of interest for the city attorney to handle both civil and criminal matters for all officers, administrators and the department in the Zehm matter. Such actions are not allowed under state and federal case law, it warns.
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Rifleman_Dodd on September 23 at 2:59 a.m.
Seems they cant take it, but they sure can dish it out.
Murder pure and simple.
garfnagn on September 23 at 4:21 a.m.
Legal gamesmanship. Their gooses are cooked and they know it. Rocky is doing his usual ethically questionable pushing back now he’s been caught playing dirty. Fact is, these WATBs in blue should be glad the feds didn’t get all “Karl Thompson” on them and beat them down with a team of federal agents. Oh yeah, bad comparison, Otto was innocent and hadn’t done a thing when the cops wasted him.
ChefGus/ John Olsen on September 23 at 5:31 a.m.
It is difficult to imagine that ANY of these officers are intimidated by being questioned in a Grand Jury room… they seem to have enough chutzpah to float the Queen Mary…. :)) j
spokanada on September 23 at 8:05 a.m.
RIP Otto. Hopefully this works its way out in the courts and you get the justice that you and this community deserve.
lewis8457 on September 23 at 8:49 a.m.
The SPD officers have had their jobs for these 3 years what are they so worried about clearing their names after all their actions were justified.
The lies will be found out, if the SPD thinks crying to their mommy is going to stop the feds onslaught think again, you guys will be lucky to not serve any jail time.
A detective telling the feds to pound sand just demonstrates how full of themselves they are; they don’t believe anyone can touch them. I don’t think your precious guild can help you now.
Boo hoo they can’t take interrogation how about half a dozen baton hits and a few taser hits for good measure. You killed the crow now you get to eat it feathers and all. I hope you choke on it.
It is about time! GO FEDS
lewis8457 on September 23 at 8:50 a.m.
hot dogs for dinner? i smell roasted pork
Ron_the_Cop on September 23 at 8:59 a.m.
Mr. Camden,
Folks reading here might be interested in my previous comments from my perspective as a thirty-five year law enforcement professional that I’ve posted in recent Otto threads. Here are the two main ones. Scroll between these posts for more.
http://www.spokesman.com/stories/2009/sep/17/zehm-inquiry-continuing/?comments#c69652
and
http://www.spokesman.com/stories/2009/sep/17/zehm-inquiry-continuing/?comments#c70073
Mr. Camden you have risen to the occasion and demonstrated your fine reporting skills. The docs you posted with your article provide very useful insight. The feds appear to be on their game however as I said from my professional experience with what I’ve read a jury may find difficulty in finding sufficient specific intent beyond the reasonable doubt standard to convict. The feds will probably get their lying to federal investigators though.
The people are very concerned about their police based on the responsible coverage by the S-R to inform them. The public’s sense of fairness has been invoked and is seeking social justice. There are many nuances to this story that lead in other directions where the potential solutions lie. Will the S-R also cover these aspects as well?
The question that remains in my mind if Ofc. Thompson’s actions were so egregious why didn’t County Prosecutor Steve Tucker file state criminal charges. State charges in police abuse cases are much easy to prove than the burden of proof in federal criminal civil rights prosecutions? Which begs the question in another less publicize murder case, why Mr. Tucker found insufficient evidence to file a criminal complaint?
http://friendsofmarkfuhrman.org/blog/?p=138
Here’s some documents that too I uncovered in a PDR I filed with the State AG’s Office that contradict Mr. Tucker’s findings:
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/09/savage-letters.pdf
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2009/09/sally-savage-letter.pdf
Further Mr. Tucker’s Office can’t seem to obtain convictions in police abuse cases even when the evidence is clear and convincing e.g., Ofc. Jay Olsen and to a lesser degree with Ofc. Rob Boothe even with two junior officers “breaking blue”?
Mr. Tucker is up for election next year. I will not be voting for him as I have absolutely no confidence in his ability to lead this important office that could reign in some of these police abuse cases if police management won’t, instead of relying on the feds to come in like raging bulls in a china closet. In fact I will be actively campaigning against him. I have an outstanding candidate in mind.
Will the S-R be covering these stories as well so that the people will be informed so that they can make a informed decision next year?
terrymr on September 23 at 9:41 a.m.
If the medical examiner identified blows with a baton to Otto’s head, then why didn’t tucker bring a murder charge against this officer ?
There is no doubt left in your mind during training on those batons that a blow to the head is a blow intended to kill somebody.
Ron_the_Cop on September 23 at 10:04 a.m.
Terry,
In fairness to Ofc. Thompson as I said in one of the other threads, “head strikes” are taboo as they aren’t very effective anyway. There are other strike zones that are more effective in achieving compliance. However in a physical altercation suspects move and there can be inadvertent heads strikes.
Read my other comments I’m not making excuses for Ofc. Thompson but on the other hand I don’t want to see Ofc. Thompson made the fall guy. My concerns are with senior police management re police policy, procedure, tactics, and training. This was a wrongful death case. The City should have acknowledged this a long time ago, paid up, and changed procedures and training to ensure cases like Otto don’t happen ago without waiting for the feds to come in. Do we know if such changes have taken place? These are the questions that demand answers from our leaders and policy makers that so far have been hiding in the shadows.
As I said above I have major concerns/issues with the ability of Steve Tucker to lead the County Prosecutor’s Office from this case and many others.
vikkiesawyer on September 23 at 1:14 p.m.
Of course they are going reject….Have the Police lost thier minds? I read today, about evertte police Taziering a man while in his car, the car jumped because of the taziering and then shot him seven times?????? WTF? I say get rid of them all and start over for the Spokane PD……The Sheriffs office do a great job, I have no complaints about Ozzy and his officers……Where did the Spokane PD get thier licenses? K MART?
PlanB on September 23 at 4:19 p.m.
Burbridge tells investigators to “pound sand.” What’s the maturity level of someone who says that? I’m embarrassed to live in this city when we have officers who can only respond to serious allegations by name calling and smear campaigns.
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ttiger on October 02 at 8:24 a.m.
“Clear their name!” You have got to be kidding me! The only reason they do not want the delay is all in a legal tactic!. Since they will be found guilty of the criminal charge I am betting then the evidence will increase for the civil trial so of course they do not want that! Where is the City Ombudsman they promised years ago to investigate complaints against the Police Department and its officers in a non-prejudicial manner? Gee did everyone forget? We as a community need to start standing against police abuse and now! It has gone on too many years! They think they are above the law because they are the law! DO SOMETHING SPOKANE!
Brenden on December 30 at 1:15 p.m.
Also what is alarming is the fact that most of those who recently ran for city council were behaving as corrupt, dishonest, and weasel like as those who are already there on this particular topic.