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April 21, 2010 in City
Charge stands in Zehm case
Officer says he didn’t promise truth; judge unswayed
Spokane police Officer Karl F. Thompson Jr., accused of lying to investigators over the fatal confrontation with Otto Zehm, unsuccessfully sought to get the charge dismissed Tuesday, 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 the 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 didn’t swear to tell the truth in the recorded interview, and that it was someone else who prepared a transcript of the 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 an 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 eyewitnesses 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 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 that 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 after the 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 acknowledged 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 with the surveillance tape.
Mayor Mary Verner said 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.
Staff writer Jonathan Brunt contributed to this report.
Doney’s sentence upheld 
Ron_the_Cop on April 21 at 1:47 a.m.
FYI - there’s another thread for this article with ten comments so far:
http://www.spokesman.com/stories/2010/apr/20/judge-refuses-dismiss-lying-charge-against-thompso/
Another_Perspective on April 21 at 4:43 a.m.
Ron I dont know why they dont migrate the comments with the articles.
ChefGus/ John Olsen on April 21 at 5:15 a.m.
dick adams 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.
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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.
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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.
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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…
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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?
ChefGus/ John Olsen on April 21 at 5:18 a.m.
Det. Ron Wright (Retired)
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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.
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Sugar Shane on April 20 at 11:36 p.m.
Why do I have a hard time seeing this guy ever doing any time at all?
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Daisy Minken 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.
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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.
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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.”
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ChefGus/ John Olsen on April 21 at 5:19 a.m.
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.
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ChefGus 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
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ChefGus/ John Olsen on April 21 at 5:20 a.m.
I took the time to cut and paste all of the comments on the original string… I agree the stings should follow the stories.. it is a form of subtle editorial…?? j
Truthbtold on April 21 at 5:50 a.m.
This is an absolute mockery of the law. It saddens me that it takes the Federal Grand Jury to follow through with charges; it is just another example of the poor leadership in the County Prosecutors office. It also makes me angry that we are paying for Carl Oreskovich. Chief Nicks and the other officers’ have absolutely no Integrity! Being a police officer is not an easy job, I am sure it can be stressful, but why lie?? I realize they are covering their butts, but I am SURE that they never intended to kill Otto. Why is it that Spokane is riddled with poor choices on the part of our Police Department?
We the People have GOT to demand accountability in our community. The police are sworn to protect and serve, just as the elected officials’!!!
Rest in Peace Otto; the Feds will make sure your death did not go unpunished even if Steve Tucker tried to.
liarsinnews on April 21 at 6:48 a.m.
Ms. Sullivan, if Tucker is not doing his job the Mayor and her Chief of Police can charge Thompson. You don`t protect Thompson who repeatedly beat poor OTTO. My gosh, you say your sure they didn`t mean to kill. How in the world can you keep hitting someone with a night stick and not know you may be killing the person? Ass`t Chief Nicks statements at the outset, in opinion, warrants disciplinary action, If the chief doesn`t do something, her boss Mayor Verner should have. Something as serious as killing poor Otto tells me both the Chief and Mayor are over their head in their capacity, do not have the leadership necessary for the job, and should be removed from office.
Another_Perspective on April 21 at 8:09 a.m.
No more lying
No more Tricks
Time to Fire
Asst Chief Nicks.
So whose going to stand up and run against “all I know is what I read in the paper” Verner?
lewis8457 on April 21 at 8:37 a.m.
Ron I know you are new in town but several years ago the transcript of the video was explained in the SR and in that we all knew he was suspected of stealing money and we all read the step by step moments of the homicide.
In that transcript it was described all that Otto went through. He was not only beaten with a nightstick and tasered 5 times but he was hog tied and laid on his belly where an officer sat on his legs.
The idea that an officer can lie anytime he wants unless he first agrees to tell the truth and nothing but the truth, is insane. We pay them 100 grand a year so they can lie to us. Liars are worth nothing in the police ranks. What are police now days. Gangsters?
They can do anything they want and then lie to investigators who don’t make them swear on a bible. Disgusting.
So does that mean we can lie to the cops any time we are not sworn to tell the truth, the door swings both ways.
Mayor verner came on the news a few years back and said Ottos death was justified; now she says she has no say in the matter. Mary can you say one term?
My respect for law enforcement is being lifted with the Federal investigation. The Feds are going to find out all kinds of morbid details and I hope we will see the other 7 officers unemployed at some point soon.
SpokaneIsFun on April 21 at 9:04 a.m.
Horrible. Everyone involved should never make comments to the press. After the death, the City Attorney should have resolved this with the family. Then, the police practices could have been examined and changed if necessary. Now, it is time for a good house cleaning.
horse_feathers on April 21 at 9:21 a.m.
Someone turned on the lights and the cock roaches are scampering for the shadows. After Otto’s death the cover-up is the most dispicable part of this whole story.
The roaches are Nicks, Vernor, Tucker, Treppiedi, Ferguson,
Burbridge, Wuthrich, Harvey, Thompson and all the officers that were with him and helped beat Otto to death.
edspo on April 21 at 9:21 a.m.
Mayor Verner may be “pretty much a citizen”. But she is also an attorney and the mayor of the city - hardly just “a citizen” in this matter.
Further, from the above we have learned that police officers are apparently permitted to lie, while we the people are not. As some one who normally deferred to what I presumed was professional police officers, I now have doubts and would not willingly talk to any police officer without an attorney to represent me, even to provide information as a witness.
The force also apparently circled their wagons to protect themselves rather than seek justice. We do not hear other officers speaking out against this behavior. Consequently, we no longer can trust police officers in Spokane.
What a tragedy.
MrNatural on April 21 at 9:30 a.m.
Wow!…seems like I’m not alone in being somewhat speechless by the cops statement and the lawyers tactics…ok I’m not that surprised by Oreskovich; he’s a good study on what is bad with the legal system. Pretty soon he will be a liability to any client who hires him given his record of defending slimeballs…but then again someone has to.
I usually have a tendency to defend the Choir Boys in blue but after this mealy mouthed and convoluted excuse…or lie…I’ve lost quite a bit of respect…when the public loses respect for those who uphold law and order it’s bad for all of us.
I will be also somewhat appalled if the Chief and Mayor don’t take some form of disciplinary action now.
empyrius on April 21 at 9:37 a.m.
It has been a well-known fact for many, many years, that LEOs lie to suspected wrong-doers to get them to rat themselves, and/or others, out. Now if you can rationalize lying with a “serves a greater good” type of reasoning, then most certainly one can rationalize lying to get out of a murder charge!
When pride, honor, & more money are the ideals, truth, justice, & equality are the sacrifices.
Ron_the_Cop on April 21 at 10:11 a.m.
To All:
As I said up thread my opinion re Zehm et al is changing re the changing police statements now coming to light in the Zehm case since the feds are now doing their job and used a grand jury to compel testimony under oath.
If folks are concerned about the “cover up” of Zehm’s death, they should be much more concerned about the death of Jo Savage that was also “covered up” by law enforcement all the way to the WA AG’s Office. The Savage death cover up is much more troubling as there is a ticking time bomb/deathtrap that City Elected/Administration are refusing to deal with. They are burying their heads in the sand.
Why didn’t the feds do their job in these other cases? The S-R has failed and actually mislead the readers on these other important issues. Why?
As I mentioned in an answer to another commenter in another thread:
http://www.spokesman.com/stories/2010/apr/14/police-union-has-no-confidence-kirkpatrick/?comments#c141541
“With regard to your other question you might want to read the comment I just posted in the other thread. It may give you some of my insight as to where the solutions lie. Sorry but I don’t have more time to answer more specifically as I have to teach tonight in my college class, “Community Oriented Policing”:-)
http://www.spokesman.com/stories/2010/apr/15/union-says-members-lack-faith-in-police-chief/?comments#c141505
This is a very difficult walk to walk to restore the trust in the police department. I do sympathize with the rank and file of the PD but there are significant issues with City management that must be first addressed/fixed before meaningful change can occur with police management/leadership.
Also I wouldn’t be too hard on Tim Burns, the new police ombudsman, yet. I met with him several times and find him to be very sincere and willing to heal the division between the police/community. The question is whether the “powers that be” will allow him to be that broker of meaningful change/transparency?”
The issues with the police department are only symptomatic of the deeply rooted corruption of Spokane City Government. Until this corruption is excised, issues with the police department will only continue.
As for Chief Kirkpatrick she can no longer be an effective leader as long as she’s actively in the running for other positions. She’s beginning to remind me of “ticket punchers” in Vietnam. She may be well intentioned but lacks substance in critical areas of police management. There are similarities with how Obama perhaps rose too a quickly to a position of great responsibility without gaining sufficient administrative experience first.
As an Letter to the Editor suggested today she should be given several months to find another job, if she’s using Spokane as a stepping stone for another position. This is not fair to the men and women of Spokane PD nor its citizens/taxpayers.
As I concluded in my recently completed RICO case:
“This is the very corrosive impact organized crime has on government. In my 35-year career as a criminal investigator, this is certainly one of the most blatantly criminal enterprises I have ever encountered. It’s hard to find words to adequately describe it. This is no appeasing of organized crime. It must be thoroughly destroyed.”
Read more here:
RPS Bond Frauds and Jo Savage Manslaughter RICO Case
http://tinyurl.com/26mjhvv
Table of Evidence
http://tinyurl.com/ybgkjqe
Of course do read the latest pieces by award winning investigation reporter Larry Shook at:
www.larryshook.com
American Serbia
Fire and Fraud in Spokane
Det. Ron Wright (Retired)
Past two-term President Riverside Police Officers’ Assn.
Riverside PD, CA
Now retired in Spokane by choice for all it’s fine attributes except for its government.
empyrius on April 21 at 11:06 a.m.
“There are similarities with how Obama perhaps rose too a [sic] quickly to a position of great responsibility without gaining sufficient administrative experience first”.
We get an Obama dig on the murder of Otto Zehm thread?!? By way of an incompetent, and ambitious, Irishwoman police chief of course: har har har har!
And “administrative experience”, being a secretary and/or bureaucratic paper-pusher, is necesaary for being a capable leader?!?
All Commisioned Officers immediately report to the liquidation chambers please …: har har har har.
thelung on April 21 at 11:29 a.m.
Karl Thompson Jr. is an evil, evil man.
Another_Perspective on April 21 at 11:56 a.m.
All I know is what I read in the newspaper,” she said.
Dayum, that sure is a double edged sword if I ever saw one.
Either makes her a genius or an idiot depending upon if she reads Doug Clark or the Spokesman’s Editorials.
Ron_the_Cop on April 21 at 12:28 p.m.
Empyrius,
LOL thanks for finding my typo. My point re Chief Kirkpatrick is that the Guild in my opinion does have some valid concerns re here competence in police discipline issues re following the rules. This should be a Chief’s bread and butter. The nuances here are too complex to fully discuss here. I did mention this has to do with representational issues/statements of suspected officers in another comment thread.
This is the representational issue that the feds are finding fault with in their latest filing in court re the complicity and meddling of the Spokane City Attorney’s Office. I have really no issue with the discipline rendered by Chief Kirkpatrick as for the most part with the Guild the Guild doesn’t either. It’s her lack of understanding and following the well known rules in this regard that is surprising to me. If you’re going to fire someone for cause do it right so it doesn’t come back to haunt you for example Sgt. Thoma. Thoma should have been fired for the DUI/hit and run and not for he couldn’t operate a police vehicle with an interlock device. Attorney Dunn is now exploiting this lapse. Dunn doesn’t take a case that he can’t win so there goes another couple of million of dollars of taxpayer money.
horse_feathers on April 21 at 2:02 p.m.
The Police Guild is way too powerful here and is very involved in the cover-ups when it come to police misconduct. Private citizens wouldn’t get away with most of the crap that our corrupt police officers do. Ron the cop will always support the Guild, it’s in his cop DNA.
chelsita on April 21 at 2:38 p.m.
Does anyone know who/what happened to the two girls that accused Otto of stealing? It would be horrible if they got out of this whole thing without some sort of reprimand.
Also, the uber-long posts are really obnoxious. I wish the Spokesman would limit post sizes to something more reaonable. If you have that much to say, please blog it out and provide a link for those that are interested. Thanks.
Ron_the_Cop on April 21 at 3:13 p.m.
Celsita and Horse Feathers,
Yes I do blog elsewhere too and link to longer pieces. My post above is relatively short for me. These are important issues that the citizens of Spokane and taxpayers need to know in order to hold their elected/appointed officials accountable for their actions. So far the S-R has misled its readers on stories that involve the business interests of its owners. Your City officials flushed $87.5 million dollars of your money and covered up another murder in the process in support of the Cowles Co. If I bore you just click through my posts and go on your merry way:-)
BTW I don’t think anything happened to the girls nor should anything happen to them. They were concerned and reported something they thought suspicious to the police which was the right thing to do. Unfortunately Spokane PD did not handle the response very well. Further Acting Chief Nicks introduced the narrative of an attempt armed robbery as justification for Ofc. Thompson’s actions. I have since changed my opinion re Ofc. Thompson’s actions in his initial contact with Zehm. It wasn’t until the feds began to summond witnesses under oath in front of a grand jury, did the false/inconsistent statements become apparent. In essence Chief Nicks appears to have lied to the media and now has had to change his story after appearing before a grand jury. There are other PD command staff that have similar issues. Why is Chief Kirkpatrick unequivocally supporting him as her successor if she gets the Seattle gig? These is the follow-up that the S-R should be doing.
Yes the Guild has shot itself in the foot many times and its members appear at times to be whiners and snivelers. Their valid issue this time is being lost in the noise by the S-R’s attempt and others to marginalize them to distract the readers from the real issues. Spokane PD has major image issues. Duking this out in public is not good.
My assessment re the real problem with Spokane PD has more to do with the corruption of City Leadership/government than with the many good men and women of the rank and file of the Guild. This must be fixed first before there can be meaningful change of Spokane PD. The Police Guild and the citizens of Spokane deserve better.
I only seek the truth.
Another_Perspective on April 21 at 4:43 p.m.
“You cant handle the truth” Jack Nicholson.. and neither can Mary Verner….
eagleproducer on April 21 at 5:47 p.m.
Ron: The girls fabricated a story from which everything afterwards followed. You can’t correctly claim that someone tried to rob you simply because they are standing behind your car waiting to use an ATM. With your reasoning, I am authorized to use deadly force against someone behind me at am ATM, right? The video from the ATM clearly shows Otto NEVER made a threatening gesture towards the girls and they admit to the dispatcher that they got their ATM card back before departing the scene. They are certainly culpable and it sickens me that after repeated requests I have made under the Public Records Act their identities remain unrevealed. I don’t agree with the rationalization that they would be placed in danger should their identities become known. Those who would be in danger are ones seeking to hold the officers accountable or bring the story of Otto Zehm to a wider, national audience.
Did the leadership of Spokane come into a Zip Trip with baton swinging? Has the leadership of Spokane been involved in more than a dozen deaths of citizens who were in the care or custody of the SPD over the last several years? I’ve worked for the Spokane Police Guild in the past coordinating fund raising efforts and I used to agree with your assessment. I don’t any longer.
Albert on April 21 at 6:26 p.m.
Ron = a legend in his own mind.
Ron_the_Cop on April 21 at 6:33 p.m.
Spoketucky,
I have to respectfully disagree re the two girls. It would be one thing if they intentionally lied when making the 911 call. I don’t think that was the case. They were reporting something they believed to be suspicious.
Police radio dispatched this a suspicious subject/circumstance call. Dispatch has the responsibility of getting the facts straight and relaying this to the officers. From the federal investigation it would appear that dispatch did that. The fault lies in how Spokane Officers responded. At first when I learned from the media accounts that this was an attempted robbery call, I was willing to give Ofc. Thompson some slack re his initial contact with Zehm. Asst. Chief Nicks apparently misled the public/media by introduction this narrative that it was an attempted robbery call. Further it would appear he mislead the public/media that Zehm lunged and was swinging the plastic bottle at Ofc. Thompson.
Had Ofc. Thompson been familiar with Zehm from working in the area, I think the outcome would have been totally different. I don’t think Ofc. Thompson set out to intentionally kill Zehm. When contacting a suspect for an attempted robbery, you’re going to want immediate compliance with your verbal orders. How or what Ofc. Thompson verbalized is a matter now being investigated by the feds. It would appear that Ofc. Thompson struck Zehm almost immediately which is counter to the his and Nicks’ initial statements. Having to testify in front of a grand jury does have the effect of bringing out the truth.
Contacting a subject in a suspicious subject call would be much less confrontational unless the subject did something that caused the officer to be suspicious. Like taking his hands out of his pockets and keeping them in plain sight.
In my mind it became a wrongful death once they gained control of Zehm. They hogtied Zehm and left him on his stomach and further put the mask over his face. In my experience this probably was the proximate cause of his death. All of the officers present were not monitoring the vital signs of Zehm. A tragic outcome for all I’m sure. It’s the subsequent changes of police statements and the City’s digging in of it’s heels that concerns me the most.
lewis8457 on April 21 at 7:27 p.m.
you know what concerns me? those 7 officers are out there everyday armed to the teeth, without a care in the world.
spokanada on April 21 at 7:41 p.m.
What a joke!
Ron_the_Cop on April 21 at 8:06 p.m.
Lewis,
If there is any fault in this, it is Ofc. Thompson’s for using excessive force based on the totality of the circumstances and the threat posed by Zehm. The other officers help him restrain Zehm until he was under control. I don’t think there is any evidence to suggest that they tasered Zehm or struck him with the baton. Basically they used their body weight to subdue him.
The problem I have with the other officers is that once Zehm was restrained, no one took the initiative to move him to his side or suggest that the mask was not appropriate and further to direct someone to monitor his vital sides. Zehm was allowed to die - wrongful death. Further the federal investigation has found many significant inconsistencies in the officers and command staff statements. Some inconsistencies are to be expected in any case but this many doesn’t bode well for the truth telling ability of the officers involved. This is the underlying fundamental issue much like Nixon and the Watergate Cover Up.
Dazzeetrader11 on April 21 at 8:36 p.m.
And with all the comments above, does anyone seriously think the Mayor doesn’t know what happened? In this City, as the Mayor she has a sworn duty to know what’s going on in these lawsuits and these cases involving the ity….moreso when they are unfolding on her watch. Howard Delany practically lives in her office as does Kirkpatrick and Nicks. It’s not only the wrong and hidden information regarding Otto’s death…it’s that nobody in Administration has yet to come forward except to exert “damage control”
Verner knows everything and calls herself “just a citizen”. Dishonest statement and she continues to mislead as to what she knows. She’s known all along what’s happened. She needs to go. Never should she be elected again even though she begins her campaign for re election this week. Spokane deserves the leadership it votes for.
One more thing though…what’s up with Gus flaggin as “inappropriate” nearly everything in the copy and paste thread above??
Ron I’ve tried repeatly to access your blog..and no luck. Password supplied and everything but no access…
Ron_the_Cop on April 21 at 8:56 p.m.
Daisy,
I think Gus just did a cut/paste and brought over “flag as inappropriate” from the comment template.
Here’s the URL form my blog. Shouldn’t require any password:
http://www.ronthecop.com/
As for the Mayor I think you may be right. I voted for her and expected she would make changes in City Hall and give some deserving managers their walking papers. What concerns me the most is that she won’t release O. Yale Lewis and Gary Ceriani from their atty/client privilege to the City to speak freely about the RPS bond frauds. What are they trying to hide? Besides we paid for their legal advice anyway. The real culprit here as has been in the past is the City Attorney’s Office that does not act in the best interests of the citizens of Spokane.
Ron_the_Cop on April 21 at 9:06 p.m.
Daisy,
Larry Shook is not pleased with Mayor Verner either. See his new piece where he reveals that Mayor Verner caved to the “powers that be.”
American Serbia
Still, Bamonte took Verner at her word. But he grew suspicious when Verner failed to respond to RPS evidence he was sending her, including evidence that the 2006 death of Jo Ellen Savage in the RPS parking garage was first-degree manslaughter, with Cowles family members as the prime suspects.
Days before the election, Verner finally responded to Bamonte. “I recognize the huge issues of morality, courage, and strength of character involved in taking on the RPS issue,” she wrote in her Nov. 2, 2007 email. “I also know that if I make RPS a cornerstone of my campaign platform, the ‘powers that be’ will ensure that I do not get elected … period.”
Bamonte interpreted that as evidence that Verner recognized that the Cowles family ran Spokane. As soon as she was elected, she appointed Stacey Cowles and other RPS proponents to her transition committee. . .
http://larryshook.com/2010/04/17/american-serbia/
ChefGus/ John Olsen on April 21 at 9:23 p.m.
Daisy… i did just as ron said.. cut and paste the whole of the string.. and the “flag as” came right along with it.. did not have the time this morning to perfect the post.. just was trying to move the comments on Clouse’s original to the currrent one.. sorry for any confusion.. j
Another_Perspective on April 21 at 11:23 p.m.
Daisy be Donna?
Ron_the_Cop on April 22 at 12:08 a.m.
Another Perspective,
What ???
Truthbtold on April 22 at 6:58 a.m.
Could someone please provide me with the RCW or the sectionfrom the spokane city charter that states a mayor can bring charges against anyone for anything!!
I have said it before and I will say it again, the mayor cannot file charges nor can Anne Kirkpatrick. IT has to be left up to Tucker!
Mayor Verner was not their when it happened, nor was Kirkpatrick, they are going on the report that they were given.
I am not defending either the cheif or mayor, if someone can provide me with the RCW or WAC that states they have the authority to do something, I will make it my mission to see that it is done.
My e-mail address is ssullivanfoundation@yahoo.com
Ron_the_Cop on April 22 at 8:33 a.m.
Shannon,
You are quite correct re Mayor Vernor. Less so on Kirkpatrick. They both can use their “bully pulpit” to call for a number of actions and actually initiate some on their own accord. This perhaps would be more productive then watering lawn ordinances, bus benches, and bikini clad barristas:-)
I will post a “punch list” later today.
Det. Ron Wright (Retired)
nar9350 [at] [dot] gmail.com
Ron_the_Cop on April 22 at 4:10 p.m.
Shannon and others,
[Stop now if this is boring as this is a lengthy post:-)]
Here’s a flow chart in answer to your specific question. I don’t know if I can get around to doing my “punch list” for the Mayor this afternoon or not.
Of course the police can arrest on probable cause anytime they want. However the police need to write up their case and go to the County Prosecutor for review. If the Prosecutor concurs that there is sufficient evidence to warrant filing a criminal complaint then the Prosecutor prepares and files the complaint in court or uses a grand jury to issue an indictment. The Prosecutor is the gatekeeper to court.
Chief Kirkpatrick et al., could make an arrest and then seek a criminal complaint via the Prosecutor. Another way would be to submit a police report to the Prosecutor requesting a criminal complaint without actually making an arrest. If the Prosecutor concurred and filed a criminal complain then the suspect could be summoned to court or it could issue an arrest warrant.
In the cases we’ve been discussing, Zehm and Savage, if County Prosecutor Tucker chose not to file and the case was compelling, Chief Kirkpatrick et al., could go public on Tucker and force him to defend his decision. In the Zehm case without the federal intervention we probably wouldn’t have known about the inconsistent statements both by line and command officers.
This is what happened in the Savage manslaughter case except no one did the criminal investigation that was necessary and took a case to Tucker for review. No one either outed Tucker for what he did by falling on the ball after he received the box of evidence from the feds when then turned it over to him for further review and investigation under existing state law involving negligent homicide. Tucker did not compel a complete and thorough criminal investigation that would have followed the evidence to its logical conclusion. Tucker found “insufficient evidence” to file because no one did the underlying investigative work. Tucker’s review was fatally flawed. No one called Tucker on his decision except for Erik Loney of KXLY.
Chief Kirkpatrick and or Sheriff Knezovich could have acted at the point that the feds gave the case back to Tucker to do the necessary criminal investigation and brought the case to Tucke for his review. Instead they did nothing and let this go down without challenging Tucker for in essence rendering criminal assistance to this ongoing criminal enterprise.
Chief Kirkpatrick and or Sheriff Knezovich could of course have gone to another prosecuting agency like the WA Attorney General but in most cases the AG will defer to the County Prosecutor unless there are very extenuating circumstances. WA AG McKenna has already shown his hand in the Savage case that he does not want to mix it up in Spokane politics or his office would have found a way to take the Savage case on in their very narrow review of Tucker’s material. I’m sure this is all about politics and the 2012 governor’s election.
Of course Chief Kirkpatrick, Sheriff Knezovich, Mayor Verner, the City Attorney’s Office could have all lobbied/requested in public for the Spokane Superior Court Bench to impanel a grand jury. Tucker by statute could have called a grand jury himself but he refused once before when Eugster demanded he do so. Tucker said he didn’t have a “police report.” This was a lame excuse. Chief Kirkpatrick/Verner/Knezovich didn’t do this. The local bench probably has potential conflicts of interests anyway and a majority vote was unlikely. It requires a majority vote of the bench to impanel such a grand jury if requested in this manner.
[Continued]
Ron_the_Cop on April 22 at 4:12 p.m.
[Continued from above]
A better approach would have been to lobbied Governor Gregoire as both former Sheriff Bamonte and I have to use her statutory authority to compel the appointment of a special prosecutor/state grand jury to investigate this mess. Governor Gregoire didn’t even have the common courtesy to reply to Sheriff Bamonte or me.
In law enforcement terms the Savage case and perhaps the Zehm case were circle jerks by all players that didn’t want to expose the truth.. That’s what so upsetting to me as they all by their inaction buried the Savage case from public scrutiny and justice. Had it not been for the federal intervention in the Zehm case we probably would have been in the same position.
With the Center for Justice filing a federal civil rights case in the Zehm case, this probably forced the feds’ hands to do the investigation that was necessary as the new information we are now learning would have come out in the civil case anyway. The real question is why they didn’t do a similar investigation into the RPS Bond Frauds and the Savage death?
Yes there was a review by the US Attorney’s Office in Seattle (Western District of WA). The review of US Attorney Jim McDevitt (Eastern District of WA) should have been investigated by the U.S. Dept. of Justice’s Office of Professional Conduct Responsibility (OPCR). The RPS bond fraud investigations should have been taken as a criminal RICO action by the The U.S. Department of Justice’s Organized Crime and Racketeering Section.
Sheriff Bamonte and I are in the final stages of preparing to bring a federal civil RICO action on behalf of the Spokane taxpayers who were defrauded of some $87.5 million dollars. While Asst. US Attorney Robert Westinghouse of the Seattle Office was lamenting re the normal five-year statute of limitations on most federal crimes and proving the bond fraud case beyond a reasonable doubt, a civil RICO action need only be proven by preponderance. BTW the US Attorney’s Office in Seattle did not ask the probative questions of McDevitt of his involvement in these frauds while at Preston & Gates before he was confirmed as US Attorney. They let him off the hook.
Further the statute of limitations for a civil RICO action is ten-years from the last act of the criminal enterprise. What’s very useful about a civil RICO action is that you can bring in your own hired “have gun will travel” private prosecutor to bring this action in federal court. What is the incentive to attract the interest of a top-drawer private prosecutor? A successful federal civil RICO action provides for treble damages plus attorney fees. Mind you the provable damages sustained by the Spokane taxpayers is $87 million dollars. There are very deep pockets in this criminal enterprise. Do the math!
I will post later my punch list for Mayor Verner of what affirmative action she can take if she really wants to bring meaningful change to Spokane government.
Det. Ron Wright (Retired)
Ron_the_Cop on April 26 at 3:44 p.m.
I was a little remiss and got busy with other things over the weekend. Here’s my “punch list” for the Mayor of things she has the power to do or could use her bully pulpit to lobby for:
Mayor Verner’s “punch list”
http://tinyurl.com/25pbh7t