Spokane7
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June 6, 2010 in City
Federal court hears Zehm case beginning Monday
Spokane Police Department’s credibility on trial, some think
A trial that starts Monday in federal court is as much about the credibility of the Spokane Police Department as it is the officer charged with using excessive force and lying to investigators, some in Spokane’s legal community say.
City detectives found no wrongdoing by fellow Officer Karl F. Thompson Jr. and told Spokane County prosecutors that they could find no evidence that he used excessive force when he beat Otto Zehm with a police baton and shocked him with a Taser on March 18, 2006. Other officers joined the struggle and Zehm eventually was hogtied for about 17 minutes, a plastic mask with a dime-size breathing hole on his face, before he stopped breathing.
After Spokane County Prosecutor Steve Tucker reviewed the case and took no action, the Federal Bureau of Investigation began a probe. Last year a federal grand jury indicted Thompson, who faces up to 20 years in federal prison.
“It’s really a bit frightening that something so obvious took so long to come to light. And it only came to light when a third party had to take an interest,” Spokane defense attorney Tim Trageser said. “I don’t know if the community is ever going to be at the point where they take on faith anything the department says.”
But Police Guild President Ernie Wuthrich disagrees, saying he doesn’t see public outcry for change.
“I’m still of the opinion that Karl Thompson will be acquitted and everyone involved in the investigation did the best job they could and did their jobs professionally,” said Wuthrich, a Spokane police detective. “If people were truly upset, you would have hundreds of people coming to City Council and demanding a public meeting. I think the majority of the community is satisfied with the actions of the police department and the city in general.”
According to federal prosecutors, Spokane police detectives omitted statements from witnesses who saw Thompson confront Zehm; discredited another witness as having an anti-law enforcement bias; and failed to turn over a report from the local ambulance service indicating that Thompson said he hit Zehm in the head with his baton, which would constitute unjustified lethal force.
Court transcripts say officers reviewed the surveillance tape from the North Division Zip Trip on the night of the incident, which showed that Zehm did not lunge at or attack Thompson. Yet, Assistant Chief Jim Nicks said that night and maintained for four months that Zehm was the aggressor.
The 36-year-old janitor, who had paranoid schizophrenia, was erroneously accused of stealing money from a nearby cash machine. He died two days after his confrontation with police.
More than four years later, a federal grand jury continues to take testimony that could lead to charges against one or more officers for conspiracy to obstruct the Zehm investigation.
And even if the jury acquits Thompson after the trial, which is expected to last a month, the public deserves answers from city officials about their handling of the investigation, several local attorneys said.
Spokane attorney David Partovi said it sometimes appears that officers care more about covering for their co-workers than seeking the truth. Partovi represented Shonto Pete in a case involving former Spokane police Officer Jay Olsen; Pete was acquitted in a car-theft case that preceded the 2009 acquittal of Olsen for shooting Pete in the head during the same 2007 incident.
“I think everyone understands why they … cover for their buddies,” Partovi said. “But for the people who are supposed to catch criminals … then cover up by committing crimes, it’s just so hideous and so bad that people really get upset and I think they should.”
Partovi noted that he saw no such activity in the Olsen investigation. “I think the majority of our cops are solid,” he added. “I just wish they would hold each other accountable and the public would hold them accountable and the courts would hold them accountable.”
Wuthrich said officers’ top-most concern is their duty. “The primary goal is to make sure we do our jobs and investigate things thoroughly … and that we are looking at both sides of the issue,” Wuthrich said. “The support for Officer Thompson is secondary … once we determined that he did his job.”
Officer Kevin King last year started a “We Support Karl Thompson” site on Facebook. As of Friday, some 409 people had indicated their support for Thompson, many also buying $10 blue wristbands to help defray Thompson’s out-of-pocket legal costs.
Thompson “has become a media scapegoat, wrongly accused, and wrongly charged,” according to King’s posting.
Chief Anne Kirkpatrick declined comment until after the trial. Mayor Mary Verner did not return a phone call Friday seeking comment.
Carl Oreskovich, who is representing Thompson at taxpayer expense, also could not be reached for comment.
James Sweetser, who served as Spokane County prosecutor for four years before he lost the 1999 election to Tucker, said the public understands when officers make mistakes.
But officers “have to perform their jobs with the highest integrity. Those are hard duties sometimes to distinguish in the moment in the field,” Sweetser said. “This case is not just about Otto Zehm. It’s about every citizen who gets in that situation.”
Through either conviction or acquittal – or settlement of the $2.9 million civil suit against Thompson and other officers – the city needs to get past the Zehm case, Sweetser said.
“Maybe we need a large verdict for the police department to realize they are responsible for mistakes officers make,” he said. “That’s the beauty of our jury system. You usually can’t fool 12 people.”
Closing Geiger: Wise or worrisome? 
oneanddone on June 06 at 4:02 a.m.
Some of my best friends are coppers … well, maybe not quite. All I really care about this issue is that under no circumstances should an individual, without any deadly weapon, end up dead while in police custody. If he had a club, or a knife, or a .44 mag then waste him. Otherwise this guy should still be alive, even if behind bars. If someone is belligerent enough to require being completely subdued, then subdue him/her. But if they end up dead then the cops did something wrong and shouldn’t be cops.
liarsinnews on June 06 at 6:22 a.m.
Guild president says he does not see public outcry. Pres Ernie Wathrich must live in a cave, or, he may be spending too much time at his office at the guild bldg. Its time Wathrich gets his head out of the sand. Obviously, he does not read the comments posted on the SR website re every story involving police, notwithstanding letters to the editor, or other newspaper stories about the SPD, or talk radio, or neighboring cities, etc, etc,. And the number of incompetent leaders he works for or other SPD abuse stories, or the likes of Asst Chief Nicks, as It appears he can`t keep his stories straight. No pres Wathrich, seems to me you have blinders on with your ear plugs.
Albert on June 06 at 7:20 a.m.
2 words immediately come to mind: Pathetic and Despicable. The entire SPD, without exception and including the Prosecutors Office, lack any form of integrity, morals, or conscience. “If” there was anything, in any remote way, as a “good cop”, or “good prosecutor”, then these persons would not stand for this type of union representation, leadership, or Neanderthal co-workers. The results of this statement speak clearly for themselves.
Truthbtold on June 06 at 7:32 a.m.
“People would be coming to City Council and demanding a public meeting. I think the majority of the community is satisfied with the actions of the police department and the city in general.”
This comment really bothers me; I get e-mails everyday of people afraid of the police. No one wants to make a “fuss” in fear that they will be targeted.
Please do not misconstrue my comment. Not all the apples in the barrel are bad, but the few rouge, make the entire barrel look tainted.
The real issue here is not with the mayor or chief, the issue is the County Prosecutor. If he is not willing to file charges, there is no legal recourse for anyone, except for the feds who have to come in and do his job.
Please Spokane, DO NOT RE-ELECT STEVE TUCKER. The city cannot afford a recall so please educate your friends, family and neighbors. My vote will be cast for the candidate that will prosecute the bad apples, and set an example for all.
ssullivanfoundation@yahoo.com
mtorres55 on June 06 at 7:43 a.m.
Wuthrich doesn’t live in a cave. He lives in a world where lying is the automatic reaction to difficult situations.
No public outcry? Nobody at city council meetings? He knows very well there is a large coalition of community groups working to change the way the police “serve” this community, and the catalyst for this new attempt was Otto Zehm’s death (citizens have been trying since the 70’s to get civilian oversight of this rogue force).
Check out the testimony at the May 24 city council meeting http://www.spokanecity.org/services/citycable5/streamingmedia/ - let it load, then fast forward to about an hour into the meeting and listen to the testimony from ordinary citizens who have been beaten, tasered, threatened by the police here. It will chill you to the bone. The city council sat through that testimony with their jaws on the floor.
No public outcry? Wuthrich, take a look. Come see the periodic rallys calling for police accountability. Try to make friends with the truth.
ChefGus/ John Olsen on June 06 at 8:06 a.m.
” No Public OutCry?:” give me a break… I am working for Frank Malone as the Democrat candidate for Prosecutor… not because he’s a democrat but because he is Frank Malone.. a stand up guy who will do the right thing, and he listens to the people …
My guess is that Mr Tucker may just not file to run again… he must know about all of the dirt and stories about him that we have garnered over time will come out despite his best efforts to hide the truth.
The problem does not so much lie with the Police Force… it is the “bad parenting”/ mixed messages given to them by the innefective and bad prosecutions that have not kept the law in mind to protect us from our police force. We should not have to be protected from our protectors….. j
SugarShane on June 06 at 8:32 a.m.
Cops are above the law, but dont ever ask them, they get really offended and angry if you even hint about the “good ol boys” club.
misjustice on June 06 at 9:26 a.m.
If the store had not had the working surveillance camera we’d have never known the truth about this rouge cop; Nicks et al certainly aren’t capable of telling the truth.
I hope that the jury finds Thompson GUILTY and that he gets a nice cell at Walla Walla.
Liberty_Bell on June 06 at 9:56 a.m.
Those Death Penality Statutes, have always confused the Klan!
http://www.justice.gov/crt/crim/242fin.php
Just like that Ku Kux Act of 1871, law for reform of the democratic party!
Liberty_Bell on June 06 at 10:05 a.m.
But Police Guild President Ernie Wuthrich disagrees, saying he doesn’t see public outcry for change.
A blind man, as required to be Klan Group Leader, with those dime sized holes, looking out that White Hood, in the 4th Corner, where the Dunce Cap is Supreme!
lewis8457 on June 06 at 10:29 a.m.
In a city where the police can target and harass with no recourse it is going to be hard to get 100’s of citizens to march on Spokane safety building. What keeps the cops from attacking with riot control and later say the demonstrators started the violence? And our wonderful Mayor would say the death of 100 people was justified. No Mr. Guild the people are too smart for that. Do you remember the riot in the park on Independence Day; demonstrations in Spokane are dangerous. Although it is our right just as long as it is not done in Spokane Washington.
The fact that the guild president sees nothing wrong with killing unarmed man, we need to speak loudly we need to disband the guild. Lucky for us the feds might just be able to help in that, if Thompson gets convicted that opens the door to go after, Nicks, verner, tucker, rocky, Torok, Police personnel ( after all they left a murderer on payroll for 4 years) etc. I have been waiting for justice for a friend for 4 years and I hope the feds really clean their clocks.
II do not think this will heal the open sore that is the trust of the people. We have seen too many lies and too many cops with aliases on these blogs showing us the low life’s they really are. No I will never trust a Spokane cop again.
mikeln on June 06 at 10:31 a.m.
It scares the hell out me that even after emergency medical personell arrived on scene, this fairly healthy man died. What the hell did they do, or did they just think, oh well, he’s just a crimminal, why bother? A lot of blame to go around here, yet no one wants to step up and take responsibilty.
lewis8457 on June 06 at 10:49 a.m.
In Spokane you are QUILTY hands down. At time of arrest so your life isn’t worth as much?
Compared to a cop making 100 grand a year.
I wonder where bits-o-chicken, Torok and JimF are I would be interested in hearing their lies as to why Thompson was justified to kill Otto.
GaryP on June 06 at 11:33 a.m.
Wow! All of you are so smart and informed because you read the Spokesman Review. I got news for you! The Cowles family has the biggest organized crime family in the area. Why don’t you look at how much property taxes they pay on their hundreds of properties. They are the bullies of Spokane. Ref the Thompson case, why not wait until all of the evidence comes out and the jury decides before pretending you know squat from reading this rag
mikeln on June 06 at 11:38 a.m.
In the late 1970’s my ex-wife and me were liveing within site of the police guild. All week long we would see the booze trucks pull up to the back door and unload alcohol by the handtrucks full. Come the week end it seemed all hell would break loose in the parking lot. Cops fighting, getting into their cars drunk, and speeding off. It seems alcohol played a major role in some off duty cops lives. If this is still true it could explain some of their behavior, but does not excuse it.
spokanada on June 06 at 12:15 p.m.
it’s very rare when the majority of Spokanites come together and choose to cheer on the federal government for anything.
Congrats to the SPD, the mayor, and the police guild for helping this community find a common bond to rally behind.
PlanB on June 06 at 1:10 p.m.
Hey, give poor Ernie Wuthrich a break! After all, he DOES in fact live in a cave called the Spokane police guild. He has no concept of a world outside of that little island of narcissism and contempt for the public.
liarsinnews on June 06 at 2:59 p.m.
I had to laugh at GaryP in away standing up for the corrupt cops. The video tapes showing the brutality, the number of officers (same ilk) joining the killer in overpowering poor Otto is enough evidence to convict the scum bags. I do agree with his assessment of the SR but a few times the SR seem to get it right. The video tapes may keep the SR editors honest and force the bird cage liner to print the true. I`ll wager the staff writers may be uncomfortable at times knowing the paper practices censorship and conveniently do not publish some stories. .
GaryP on June 06 at 3:00 p.m.
Hey PlanB, I’m sure you’re right about Ernie guild pres being in a cave. I’m sure police are very naive about what goes on in the world. It’s not like he has to deal with all of Spokane’s problems for a living or anything like that. Maybe you with all of your infinite wisdom should tell him how things really are. I’m sure you’re an expert given all your life experience from Mcdonalds, BurgerKing or wherever it is you work. You are an expert because you read this paper. CONGRATS!!!
Ron_the_Cop on June 06 at 3:03 p.m.
Spokanada and Gary P,
You two are very insightful. Gary P. you’re telling tales out of church. The Guild members are the real bullies in this town or that’s what the powers that be want you to believe:-)
Read more here:
http://tinyurl.com/2d6l4ac
No only if the feds would raise their gunsights a little higher.
GaryP on June 06 at 3:05 p.m.
Dick Adams, saying to hear all the evidence before making a decision is not standing up for corruption. Any normal person is against corruption. You are a genius because you know all that happened regarding this case. I’m sure you have listened to the whole 911 tapes, interviewed every witness, reviewed med examiner files. You only know what you read/saw from the media. And they always have all the facts don’t they? The jury is the only body of people that will hear EVERYTHING
GaryP on June 06 at 3:10 p.m.
“The Guild are the bullies in this town” Don’t you have to have power to be a bully. The newspaper and their own chief don’t like them. People that buy ink by the barrel have all the power. This town is owned by the Cowles. That family committed manslaughter on the poor woman that fell to her death doing nothing more than overpaying in their stupid garage.
GaryP on June 06 at 3:47 p.m.
I think Ron the Cop is on to something. Went to Larry Shook.com. I concur :)
lewis8457 on June 06 at 3:52 p.m.
Gary don’t for get us idiots have also read the federal transcripts out lying the murder of Otto Zehm. Or don’t those count either?
We can only judge what we know and with police department that spends so much time lying it is hard to know what is fact.
The only fact I am concerned with is innocent man was brutally beat and killed by 8 of Spokane’s finest and it was called justified. What concerns me is it could easily be me next time. And maybe that doesn’t mean anything to you but it means something to me.
I should not be scared every time I see a cop being a honest up standing citizen doesn’t mean anything any more when I can be murdered while buying a candy bar.
Liberty_Bell on June 06 at 4:22 p.m.
And ya all think it’s just the Spokane Cop, a Statewide Problem, with the Queen, support for the Klansmen’s Favorite 42 USC 1983?
Another MURDER, another prosecutor, another governor, another party!
Vote Christine Gregoire specialist in corruption!
WHATCOM COUNTY v. STATE
WHATCOM COUNTY, a municipality; and David Graham, Respondents, v. STATE of Washington, a sovereign state; Christine O. Gregoire, Attorney General of Washington, Appellants, Nowell Smith, as Personal Representative of the Estate of Michelle E. Smith, deceased, Defendants.
No. 43618-0-I.
Catherine Hendricks, Assistant Attorney Gen., Seattle, for Appellants. John C. Belcher, Belcher, Swanson, Lackey, Doran, Lewis & Robertson, Randall Watts, Whatcom County Prosecuting Attorney Office, Bellingham, for Respondents.
Whatcom County Deputy Prosecuting Attorney David Graham was sued for negligence and violation of civil rights pursuant to 42 U.S.C. § 1983. The Washington State Attorney General rejected Graham’s request for a state-funded defense. Graham and Whatcom County brought this action against the State, seeking a declaratory judgment ordering the Attorney General to defend Graham and ordering the State to indemnify him. The trial court granted summary judgment to the County, and the State appeals. Because Graham was acting for the State under the facts and circumstances of this case, we affirm.
Vote Murder, a County Prosecutor’s Office Speciality!
You ought to meet their probation office, with a couple more since 1990!
Incompentance, a Democratic Party Requirement, shown best in Michelle Smiths Murder!
Lulubelle on June 06 at 5:58 p.m.
Ernie is a liar. Come to the Council meet on June 21st to support the resolution for investigatory powers for our Ombudsman. The Guild can not be trusted to police their own.
It will be interesting to see how many of our fist-pumping “finest” show up the Zehm trial. A little police intimidation of the jury should work……they’re good at it.
Bob_Knows on June 06 at 6:20 p.m.
Blue shirts LIE all the time. SCOTUS warned us never to believe anything they say. Lying is their job. We have been sold out by our County Prosecutor who believes that the blue gun thug gang should be able to beat any man to death without guilt or shame. Tomorrow’s trial will show if the Feds have any credibility to protect us from the violent terrorism of our local government.
Bob_Knows on June 06 at 6:24 p.m.
“I am working for Frank Malone as the Democrat candidate for Prosecutor”
Tell us if the candidate will prosecute the 6 murderers who did the gang crime of murder of Mr. Zehm. Will Malone prosecute them and intend get convictions and not excuses? Otherwise, you and he can pound sand. You either enforce the law, or you are part of the terrorist gang that murders the people.
davidw on June 06 at 7:21 p.m.
A posting from “Bob_Knows” was removed from this comment string because it contained unnecessarily vulgar descriptions of an entire profession. The general gist of the post seemed to be his belief that those involved in the fatal Zehm confrontation should face capital consequences, but the language used would be considered offensive by most reasonable people.
David Wasson, deputy city editor.
Dazzeetrader11 on June 06 at 9:28 p.m.
I don’t think any citizen will believe any investigation unless and until an outside group (FBI or some such) comes in with real authority to investigate and refer penalty phases out this region.
My recollection is that the police are cought in some unethical mess, nobody does anything about it. Usually they just wait it out with a suspension ,etc and then resume.
Something needs to change. It won’t until an entirely different level is involved. From lomg distance, I’d say Tucker should be fired or Spokane should elect another person.
PlanB on June 06 at 9:49 p.m.
Hey GaryP, thanks for the insightful personal attack. You are a class act.
Otto Zehm was murdered, lies were told, the guild is protecting it’s own, they have no concern about personal liberty and have somehow been totally unaware of the significant public outrage (hence the cave reference). It has nothing to do with the SR. The SR didn’t kill Otto.
Wait…. Is that Doug Clark crouching behind the candy isle in Zip Trip???
GaryP on June 06 at 9:54 p.m.
Plan B- my point is you only know what the paper tells you. Not one of us blogging knows the whole story. Only the jury will. If they say the officer is guilty or not I will accept it because they know more than us. If you don’t want to be attacked personally, then don’t make personal attacks yourself. Peace!!
misjustice on June 06 at 9:58 p.m.
After watching the beat down on the store video, I know all that I need to know; Thompson is a rouge cop, a murderer.
GaryP on June 06 at 10:16 p.m.
Lewis-my oversight! You read the federal transcripts that outline an allegation. Wow! You know BOTH sides then don’t you. Again, you only know what was published in the paper. You don’t think the feds have an agenda or are political. You can actually indict a ham sandwich. Once again, why not wait to hear both sides before running your mouth. God Bless!!
nslopeofw on June 06 at 10:27 p.m.
GaryP-
You sound like a SPD’er.
Sadly, there are MOUNTAINS of info to PROVE a cover-up from the good ole boys. Not to mention, a video. Yep, we all watched the cops beat down a man who was trying to buy a soda. A man who was presumed guilty by Thompson, therefore, subject to excessive force. That alone is worth a trip to the big house.
Then the part where Thompson claimed he wasn’t “under oath” so his statements don’t count. Squirming and twisting to avoid taking responsibility for killing an innocent man.
Then, a county prosecutor who (watching the same video we all saw) refuses to prosecute (his job).
I think we all have enough to send this scum up the river. Anyone who believes different has been in the cave with Wuthrich.
lewis8457 on June 06 at 11:22 p.m.
GaryP i know Otto was beat to death what more do i need to know?
Or do you believe he just happened to die of natural causes?
I always wonder how nit wits get voted into office and when guys like you come on, i know how,.
my god doesn’t believe in murder, so no thank you i don’t want your gods blessing.
hammer1969 on June 07 at 12:25 a.m.
Durkin’s in over his league and it has shown. Prediction…acquital.
misjustice on June 07 at 9:09 a.m.
Lewis, you called it on that one; I believe that the corruption at the Prosecutor’s Office and the SPD is similar to an iceberg, and here, we are only seeing the tip. What lies beneath the surface is massive and covered from our sight. It is huge and deadly.
GaryP on June 07 at 10:57 a.m.
Lewis, if he was beaten to death why is thompson not being charged with murder? Durkin is an idiot and thompson will be acquitted. The city will then pay out the nose in civil court because it should have been handled better.
Nslopeofw-I’m not an “spd-er” just someone with intelligence and half a brain which is half more than you obviously have. Again I will say that we only know what this rag has written and what the FBI says? They falsely charged a security guard who was a hero and found a bomb at the olympic games in Atlanta. I wouldn’t trust any gov including spd, fbi. Let all the facts come out before pretending you know squat. If found guilty, he is. If not, he is not.
D Statler on July 16 at 7:49 a.m.
Service, Trust, Integrity,,,,,,,,,,, ?