Spokane7
55°
March 26, 2010 in City
Defense can see Zehm’s mental health file
Judge grants officer request
A federal judge ruled Thursday in favor of the city of Spokane and granted a motion brought by the attorneys for Officer Karl F. Thompson Jr. to obtain Otto Zehm’s mental health records from a 2000 stay at Eastern State Hospital.
However, U.S. District Judge Fred Van Sickle said he will wait until later to determine whether Thompson gets to use those mental health records in his defense during the trial, which is currently set for June 2.
“Officer Thompson is entitled to offer evidence – including information which he was unaware at the time of the confrontation – as long as the evidence tends to make his version of the confrontation more probable,” Van Sickle wrote in part. “Information in Mr. Zehm’s psychiatric records arguably satisfies that standard.”
Thompson’s attorney, Carl Oreskovich, last week argued that Zehm had been off his medication for paranoid schizophrenia for several weeks prior to his March 18, 2006, confrontation with Thompson. Therefore, Oreskovich said, Zehm, a 36-year-old janitor, was already exhibiting characteristics of “excited delirium” before Thompson confronted him.
However, Assistant U.S. Attorney Tim Durkin argued that excited delirium is not a medically recognized term and only is used by police agencies to describe otherwise unexplainable deaths by persons when they are being taken into custody.
Durkin said Thursday that he could not discuss the case, and Oreskovich could not be reached late Thursday for comment.
“At this stage in the proceedings, the Court does not rule on the admissibility of the evidence sought by Officer Thompson,” Van Sickle wrote. “If, in fact, Mr. Zehm behaved in a defiant and aggressive manner on March 18, 2006, due to a lack of medication, Officer Thompson may have been justified in using force to subdue him.”
Closing Geiger: Wise or worrisome? 
ChefGus/ John Olsen on March 26 at 6:16 a.m.
I would think it fair to have access to the Officer’s health records too… as it may let us discern his use of legal medicines that have a tendency to induce rage and violence in agressive situations. Still wondering about the use of Anabolic Steroids for body building or Testosterone for aging symptoms. Dr john
lewis8457 on March 26 at 7:59 a.m.
How can Thompson use information he was unaware of in his defense? He didn’t even communicate with Otto instead he started bashing him over the head with a nightstick.
If he had known Otto was disabled we are to believe he wouldn’t have assisted in killing Otto? After Thompson lied about what really happened, we are to believe he would have responded differently?
If the victim is given no chance to communicate how are their mental abilities a factor?
I agree with John what is good for the goose is good for the gander. Lets see Thompson medical file.
We already know Thompson was carrying an over sized and heavier night stick to make up for his short stature. We all know the small guy syndrome where they act tough because they are small.
I have always believed Otto was profiled, young guy long hair leather coat……
deltaelk on March 26 at 9:57 a.m.
your forgetting Zehm was carrying a loaded pop bottle.
brianth on March 26 at 5:38 p.m.
I wouldn’t be surprised if officer Thompsons lawyer doesn’t try to get the videos showing the incident thrown out. I can see his argument now “but judge if we use the video tape it will actually show what happened, that Otto Zehm did nothing to provoke the attack by my baton weilding client and that would not be fair for my client” don’t be surprised, they are grasping at straws with this load of crap, nothing would suprise me what this good ol boy town would try to do to get another one of there thugs free from prosecution.I’m not saying all police officers are this way in this town but there are plenty of bad ones out there. Peace Otto, you were a great person to have known.