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April 20, 2010 in City
Judge refuses to dismiss lying charge against Thompson
Spokane Police Officer Karl F. Thompson Jr., accused of lying to investigators over the fatal confrontation with Otto Zehm, unsuccessfully sought Tuesday to get the charge dismissed, arguing that he never “swore to tell the truth” during his interview with detectives.
Although his defense lawyer, Carl Oreskovich, later insisted that Thompson told truth during the interview, the distinction was drawn during a hearing in U.S. District Court as part of an effort to get the lying charge thrown out on a legal technicality.
Oreskovich said the charge should be dismissed because Thompson wasn’t sworn to tell the truth in the interview, and that it was someone else who physically prepared a transcript of the taped conversation with detectives.
U.S. District Court Judge Fred Van Sickle, however, didn’t buy it.
“This is part of an investigation that was conducted. It was recorded clearly at the consent of Officer Thompson,” Van Sickle said. “To state this is somehow created by a third party strikes me as putting form over substance.”
The swift rejection Tuesday means Thompson will stand trial June 2 on charges of lying to investigators and using excessive force during the March 18, 2006 encounter with Zehm, a mentally ill janitor beaten and hogtied by police after being mistakenly accused of stealing money.
The argument drew spirited debate.
Thompson “doesn’t say ‘I certify the accuracy of the document,’ ” Oreskovich said in court. “There is no affirmation … that suggests the transcript was in any way affirmed or adopted by him.”
However, Oreskovich acknowledged that Thompson consented to allow Spokane Police Detective Terry Ferguson to record the interview on March 22, 2006, following an off-the-record interview that was not recorded. Five days later, Thompson signed a copy of the transcript of that taped interview under the heading “reviewed by.”
Federal prosecutors contend that Thompson’s statement embellished the threat posed by Zehm and contradicted the statements of eye witnesses and video from surveillance cameras that captured the confrontation with Zehm. Thompson beat Zehm with a baton and jolted him with a Taser after two young women erroneously reported that Zehm stole their money out of an ATM.
Oreskovich asked for the dismissal under the premise that Thompson did not create a false record or alter an existing record.
“Our position is he did not create a record. It was created by a third party,” Oreskovich said. “He consented to the interview. But when we get to the … transcription, there is no evidence that he did anything other than review it.”
But Victor Boutros, a U.S. Department of Justice trial attorney who flew in for the hearing from Washington, D.C., said Oreskovich can’t avoid the law by arguing that Thompson didn’t actively record or transcribe his interview.
“Who made the false statement?” Boutros asked. “Because it was a taped interview does not mean it doesn’t fall under the law.”
Boutros said under Oreskovich’s argument any officer “who made a false statement can avoid it by simply dictating their false statements and have them transcribed … by someone else.”
Van Sickle said it is not disputed that Thompson signed a transcript of his statement.
Asked by a reporter after the court hearing whether his client told the truth during the interview with Ferguson, Oreskovich replied: “Absolutely. It just wasn’t a sworn statement.”
During the hearing, Oreskovich made mention of the ongoing grand jury investigation seeking to determine whether other Spokane police officers obstructed the Zehm investigation.
Last week, Assistant U.S. Attorney Tim Durkin filed court documents indicating that Ferguson and Detective Mark Burbridge either omitted statements or used only those statements that appeared more favorable to Thompson. Ferguson also acknowleged that her report was “inaccurate” when she wrote Spokane County prosecutors that she didn’t find any evidence of excessive force by Thompson.
Assistant Chief Jim Nicks, who for months claimed Zehm provoked the confrontation when he lunged or attacked Thompson, is now prepared to testify that Thompson’s statement to Ferguson was “materially inaccurate” when compared to the surveillance tape.
Mayor Mary Verner said last Friday that she has not been contacted by federal authorities and has no reason to question the actions of Nicks or city attorneys handling the case.
“All I know is what I read in the newspaper,” she said. “In this instance, I am pretty much a citizen and it’s inappropriate for a citizen to try to insert oneself into a federal determination or an indictment or a grand jury proceeding.”
“I think that when all of that is done and there are rulings that come out of the courts, that would be a basis for me to make decisions,” she said.
Reporter Jonathan Brunt contributed to this report.
Doney’s sentence upheld 
liarsinnews on April 20 at 8:42 p.m.
He wasn`t sworn to tell the truth? That`s taken from a page out of Al Capone`s book.
PlanB on April 20 at 8:44 p.m.
I’m speechless… Almost.
Let me get this straight - you can tell the truth, but then some parts aren’t the truth because you didn’t say you were being truthful, and not telling the truth is truthful so the other alleged truthful parts are truthful unless they don’t support your version of the truth.
Thompson committed a murder. He deserves legal representation but Oreskovich has violated all standards of morality and integrity.
PlanB on April 20 at 8:51 p.m.
It’s also great how our weak-mayor seemingly has no opinion on this. Sure, she’s “just a citizen”. One that supports police brutality and lying, apparently.
misjustice on April 20 at 9:12 p.m.
There’s the truth, and then there is “truthiness,” and then there is out right lying! I’m glad that the judge is letting the charge stand…
Ron_the_Cop on April 20 at 9:39 p.m.
Fascinating! Just fascinating! OK my opinion is changing on the tragic Zehm death. Before based on the media accounts I didn’t have issues with what Ofc. Thompson did or didn’t do until Zehm was under control, was hogtied face down and a mask was placed over his mouth. At that point this case became a wrongful death. The City should have settled immediately, apologized to the Zehm family, change police policy, procedure and tactics, disciplined where necessary and moved on. By digging their heels in the City eventually caught the attention of the feds. Now the inconsistent statements are coming to light from the then Acting Chief Nicks on down under the devining rod of a grand jury.
Nicks introduced the public narrative that this was an attempted robbery that Ofc. Thompson was responding to. In my mind this may have justified Ofc. Thompson’s initial actions. Now however we learned from the federal investigation that the dispatch records reveal this call was dispatch as a suspicious circumstance/subject call. This changes my opinion in how Ofc. Thompson should have approached Zehm.
The feds are doing their job in this case. My only question is why didn’t they do their job in the RPS bond frauds and the death of Jo Savage in the parking garage? Why no grand jury in these cases?
Det. Ron Wright (Retired)
Another_Perspective on April 20 at 10:28 p.m.
So anytime a cop doesnt “swear to tell the truth” he is lying.
I dont know why Kirkpatrick doesnt can him now for lying.
As far as soon to be former Mayor Verner stands, I guess as the elected leader of Spokane she is a bit oblivious to the legal situation of the city she is supposed to represent.
“All I know is what I read in the newspaper,”..pretty much tells us everything on our unenlightened leader. I suppose the City legal department is also as clueless and cant brief her.
When this goes to civil trial its US whom will have to pony up them money for these corrupt leaders.
Did Oreskovich study up on Bill Clintion’s definition of what “is” is? I gotta give it to Oreskovich, he;s trying every slimy trick in the book to get his GUILTY as hell client off the hook, but like quicksand, the more he wriggles the deeper he gets.
SugarShane on April 20 at 11:36 p.m.
Why do I have a hard time seeing this guy ever doing any time at all?
Dazzeetrader11 on April 21 at 12:12 a.m.
Nicks is a weasel and so is the officer. The police are bound to tell the truth and avoid lying. In this case, the lawyer is simply doing his job which is to get the officer off. Now, these words are being manipulated.
Nicks also told the Council that there was enough money to move to another building. He just didn’t tell them that he didn’t have enough money to completely move. He didn’t exactly lie but he didn’t tell the truth either..even though he knew the facts of the situation. He sort of witholds the whole truth even though he knows it. But he didn’t lie either. He should retire….or lose a component of his pension on this new charge.
Mayor Verner’s doing the same thing. She says that she’s just a citizen in all this. She didn’t exactly say she knows or doesn’t know….then she says she should refrain from commenting.
Facts are: Verner meets with City attorney Howard Delany and Kirkpatrick frequently and whenever she wants….and certainly she has.
From long distance, I’d have to say the City is in deep trouble. Officer doesn’t telll the truth, the Asst Chief Nicks doesn’t either…and now the “dance” from the Mayor. From the top down, doesn’t anyone know the truth?? Of course they do…each of them. It’s impossible for them NOT to know what happened.
All of them should be shown the door. They cannot be trusted to be competent or tell the truth. Ron’s right…the City Attorney should have bailed on this one immediately, offered an apology and wrote the check. Each in his/her own way has betrayed trust and now manipulate to save their skins. If Spokane re-elects this Mayor, they can only expect this brand of honesty…in other things as well. At least the City should show them the door…unless the Union Guild has too much say in the “truth” too.
patron19vet on April 21 at 12:56 a.m.
Most people don’t know, but under the federal system your civil rights are good as gone because it’s run by prosecutors and polititions. Federal conviction rates are what ? 93 to 97 %…. He’s not in copland…. If I were him I would begin transitioning to a new career. If your on the Feds s_ _ _ list it sucks.
Ron_the_Cop on April 21 at 1:46 a.m.
Daisy,
The term you’re looking for is lying by omission. That’s why in court you’re sworn to, “Tell the truth, the whole truth, and nothing but the truth.”
oneanddone on April 21 at 4:23 a.m.
You can’t be charged with perjury if you lie to the coppers, but you can be charged with making a false statement to the police. The cops on the other hand can say or imply anything when talking to you without penalty - so says the Supreme Court. Somehow it seems that lying in an official investigation, on either side, deserves penalty. Lying is wrong anytime, just ask your mama.
ChefGus/ John Olsen on April 21 at 5:11 a.m.
How can Mayor, who is at the helm of the ship be “just a citizen” in an incident that has such impact on our local society…?? seems she has morphed to this, because i believe I remember she “chimed in” on the instance not too long ago that pointed at Mr Zehm having been responsible for his own demise along with the departing Police Chief. That defense is classical behaviour of the perpetrator in most domestic violence and spousal abuse cases……….
“Alice has been fournd”……. she lives in City Hall…. what little respect was remaining for our city government is slip slidin away… I pray the conviction rate is as stated above… wonder where the budget funds will come from to pay the piper on this one?? john
Ron_the_Cop on April 21 at 9:00 a.m.
Ok folks there is a newer article thread with many more posts:-)
http://www.spokesman.com/stories/2010/apr/21/charge-stands-in-zehm-case/
Beebeph on November 03 at 3:01 p.m.
“Thompson beat Zehm with a baton and jolted him with a Taser after two young women erroneously reported that Zehm stole their money out of an ATM.”
What if anything will happen to these two girls WHO LIED ABOUT OTTO ZEHM and started this whole fiasco- a Man lost his life at the hands of a rogue cop and these two seem to have walked away scot-free.