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May 15, 2010 in City
Second officer faces charges in Zehm case
Lawyer says client got federal notice
A second Spokane police officer has received a letter indicating that federal prosecutors intend to seek further charges in connection with the Otto Zehm investigation.
Spokane attorney Rob Cossey said he represents three or four officers as a federal grand jury continues to gather information in the case. He confirmed that one of his clients has received what’s known as a target letter, which essentially informs the person that federal officials intend to charge him or her with a crime.
“The person is right square in the sights of the U.S. attorney’s office. I can’t tell you the name of the person,” Cossey said. “It’s more definite than a target letter. We will know more next week for sure.”
Spokane police Chief Anne Kirkpatrick refused to answer questions about the officer or target letter. “It’s not my case. On Otto Zehm, I’m not going to comment.”
Meanwhile, U.S. District Court Judge Fred Van Sickle on Friday postponed a major hearing set for Monday and announced that he has asked the 9th U.S. Circuit Court of Appeals to appoint a judge from outside the district to decide whether a conflict exists with how the city has handled the defense of Officer Karl F. Thompson Jr.
Thompson is charged with using excessive force and lying to investigators following the March 18, 2006, confrontation with the 36-year-old mentally ill janitor, who had erroneously been suspected of stealing money from an ATM. During the confrontation, Thompson beat Zehm with a police baton and shocked him with a Taser, and several other officers helped hog-tie him for 17 minutes before he stopped breathing. Zehm died two days later.
Van Sickle said the trial remains set for June 2, but a delay could occur because Van Sickle won’t decide dozens of pretrial motions until after the new judge reviews the conflict issue, according to court records.
Carl Oreskovich, who was appointed by the court to represent Thompson in the criminal case, could not be reached for comment. But he has regularly denied that any conflicts exist with how he was hired by the city to defend Thompson and several other officers in the $2.9 million civil case and represent only Thompson in the criminal case.
Assistant U.S. Attorney Timothy Durkin said he could not comment on the case. However, he has filed extensive documents calling for Van Sickle to either disqualify Oreskovich or conduct a hearing to understand how Oreskovich can effectively defend Thompson when he was hired to defend other city employees in the civil case who may testify against the embattled officer in the criminal trial.
“The United States has been informed that one or more (Spokane Police) employee witnesses, with whom the defendant’s counsel has met-interviewed-conferred and/or possibly advised … may also be asserting 5th Amendment privileges and may demand the granting of testimonial immunity before they are willing to testify,” Durkin wrote earlier this month.
“As such, this Court needs to engage in a full inquiry … so as to clarify and resolve apparent and potential conflicts that are likely to rise at trial.”
The controversy first surfaced last year when the Spokane City Council twice voted to hire Oreskovich and pay him up to $200,000 to “represent the City of Spokane and its employees” in the civil case filed by Zehm’s family. A couple months later, a federal magistrate appointed Oreskovich to handle Thompson’s criminal defense.
But City Attorney Howard Delaney said at the time of the second vote that he had, without informing city leaders, reassigned Oreskovich to represent only Thompson. The city attorney’s office continues to represent the other officers.
But Durkin said it appears Oreskovich met with several officers and advised them during the time when a grand jury was hearing evidence against Thompson.
“It appears that there is … evidence that criminal defense counsel and other members of his firm have provided legal services to not only (Thompson), but also the City of Spokane and other (police officers) who may be called as prosecution witnesses,” Durkin wrote. “This evidence and history creates significant concerns about the presence of actual and apparent conflicts of interests that most certainly need to be addressed.”
Closing Geiger: Wise or worrisome? 
lewis8457 on May 15 at 7:35 a.m.
My guess convict number two is officer Barun.
Actual account of events as described in federal document
http://www.spokesman.com/documents/2010/apr/15/zehm/
Thompson entered the store and ran down the aisle towards Otto, Thompson was coming at Otto with the baton raised in a loaded position as Otto turned around he saw Thompson coming at him in less then 2 seconds he was bashed in the head and neck with the first blow. The second strike was to Otto’s head again and this time Otto went down. After down Otto used the Pepsi bottle to protect his head and face Thompson ordered him to drop the bottle when Otto didn’t he was tasered. Otto tried to crawl away but officer Thompson grabbed Otto’s leather coat and continued bashing him in the back of the head with the baton. After entering store second officer (Barun) bashed Otto in the ribs a couple times to get him to unclench his arms so they could cuff him. Thompson then told officer Barun to taser Otto twice in the chest, which he did, but Otto still would not unclench his arms. Mean while Thompson delivered 7 more strikes to Otto’s lower body. Thompson ordered Otto to stop resisting but he continued to hit Otto giving Otto no time to give up. The other 6 officers showed up and restrained Otto by double cuffing him in a hog tie position and using downward force on his body. The continued force on neck and torso even though despite cries for air and Otto was restrained and not going anywhere. One of the officers saw Otto bleeding from the mouth and concern for his new shoes getting spots on them requested a spit mask from the fire men but they didn’t have one so they put a non breather mask on his face minus the oxygen tank the mask was designed to use. Even after the mask is in place they continue the downward pressure on his neck and torso for 3 more minutes. After a total of 17 minutes of this constant downward pressure they turned him over to find his face was purple.
YGBSM on May 15 at 5:19 p.m.
Lewis how about a little side bet on Torok? and lets hope there are about 7 more target letters in Oreskovichs mail box and at least one of those with “Lunging” Lying Nicks name on it.
Just reading the report of what happened, makes me sick to my stomach. I wish they would hang Thompson live by the neck from the top of the court house for 30 days and let the crows peck his body apart. Maybe we can get Jay Olsen to take some target practice at him too just for good measure.
When this is all done and said, we should dedicate the Public Safety Building as the Otto Zehm Memorial Justice Center.
lewis8457 on May 15 at 10:18 p.m.
I will take that bet i would love to see Dan Torok chased by the Feds, heck i would buy a ticket to watch that.
He was the supervisor on site that night. He and every one there that night plus the officer that tried to screw with Otto’s medical files should get a long time in the clink.
hammer1969 on May 16 at 1:06 a.m.
“As for what is not true, you will always find abundance in the newspapers.” —Thomas Jefferson
misjustice on May 16 at 7:58 a.m.
@ygbsm, Hang ‘em high!
Ron_the_Cop on May 16 at 2:14 p.m.
Folks as I’ve said in other threads we have a much bigger problem than Otto Zehm. This needs to be addressed before any meaningful change can occur within Spokane PD.
Read my blog post:
EXPLOSIVE - Chief Kirkpatrick - America’s Most Dangerous Cop as reported by Larry Shook
http://friendsofmarkfuhrman.org/blog/?p=261
Perhaps the feds will oblige.
lewis8457 on May 17 at 12:34 a.m.
Ron there is no bigger problem here then Otto. The Cowles have been in power since I can remember, the paper age is dying their empire is slowing melting away. I applaud you on your quest. But this town is crooked from the top down. If the fed hasn’t gotten involved they aren’t going to.
This is Spokane where nothing happens, the streets have been shot for 30 years, and although I see a lot of street sweepers I see no pot hole crews. Our cops have been getting more violent since the early 70’s. And until Otto with no end in site.
Otto’s homicide has done Spokane a favor he has brought the SPD to the attention of the federal justice system. And they in turn will make it easy on Verner on who will be fired from the SPD.
I haven’t figured out why you are not as fired up over the Otto murder as you are over Mrs. Savage and now the Cowles.
8 cops killed Otto. EIGHT!!!! And every damn one of them is still on city payroll. How that doesn’t upset any one is beyond me. Yes, Mrs. Savage had several seconds of terror Otto had 17 minutes of it.
And the Cowles don’t even go there Ron they will eat you up and spit you out. And if you don’t believe me have you ever heard the name Jim West? Jim was a great politician and mayor. He was the one that got this 110-mile new street project approved with out him all our streets would be crap. But he wouldn’t play the Cowles game so they set him up. And the really sad part it ended up killing him. He had prostate cancer and was in remission then the SR had a young man lure Jim into a gay encounter via email. The young man was 18 but the issue was Jim used his city computer. They hung him without honor.
Of course the Cowles ran the story as if they had nothing to do with it. If it wasn’t a fixed incident someone might have said gee I wonder how many other city employees are visiting porn sites on the job? But no one asked and no one checked and the circus just continues.
As far as the Larry story goes Tim Burns cant do an damn thing with the information. I don’t even understand why he was brought into the mix. he is between a rock and a hard place. If he tried to do anything with that info he would be setting himself up for failure.
PlanB on May 17 at 12:14 p.m.
Ygbsm, great idea about dedicating the public safety building to Otto!
Lewis, any city employee who is cruising for porn on the job gets fired - except for Jim West. He wasn’t lured, he was luring.
I share your rage about Otto Zehm and the corruptness of the SPD, but I’m not sure how the Jim West saga has anything to do with it.
lewis8457 on May 18 at 12:01 a.m.
Jim West was lured by the SR in order to disgrace him and get him out of office you believe what you want and i will believe what i want..deal?
Jim has nothing to do with Otto but he is a good example for Ron what the Cowles will do if they don’t like you.
I would bet hard cash we have city employees that search porn while at work. I don’t believe for one second anyone is smart enough to be watching,.
plus i am sure the city employees union would have something to say about a termination.
YGBSM on May 18 at 12:09 a.m.
All the while our City Clownsil sits behind the curved desk like a bunch of bobble heads. duh duh duh.
Where is the outrage?
I suggest Stevens for prosecutor. He is whooping up ol Tucker..and wont look the other way.,nor will be beholden to any special interest.
lewis8457 on May 18 at 10:01 a.m.
I will vote for anyone who runs against tucker, heck i would vote for donald duck before tucker gets me vote. But we need to remember government workers out number regular voters in Spokane. so they might want tucker so they can continue sucking off the golden teet.
Ron_the_Cop on May 18 at 9:01 p.m.
Lewis,
I’m fully aware of what was done to Jim West. He outlived his usefulness and they cut bait as they will with Tucker. I’m betting they’ll put their money on Malone once the Reps beat each other up. I’m not excited about anyone in the Co Prosecutor race.
I would very much like to see Greg Weber run for this office. Now that I could get excited about.
You need to eliminate the organized crime in this City before you can have any meaningful change in SPD. I wouldn’t count out Tim Burns just yet.
eagleproducer on May 27 at 5:35 p.m.
Lewis: I believe your analysis concerning the Jim West saga is spot on. The PBS documentary concerning the issue demonstrated the zeal of the Spokesman to bring him down and it’s difficult to believe Stacey Cowles, the publisher, didn’t play a part in those machinations.
Believe me, the Cowles dynasty is well positioned to survive the demise of their stranglehold on many media forms in Spokane.