Spokane7
65°
May 30, 2010 in City
AMR report could play key role in officer’s trial
On the night of the fatal confrontation with Otto Zehm, Spokane police Officer Karl F. Thompson Jr. told a fellow officer that he’d hit Zehm in the head with his police baton – an act that he and the city have acknowledged would be an unjustified use of lethal force.
An ambulance emergency medical technician wrote a pre-hospital patient-care report saying Thompson told Officer Tim Moses that Thompson had hit Zehm in the head and neck. But that report apparently was never turned over to prosecutors by the Spokane Police Department’s lead investigator on the case.
“I don’t remember seeing the AMR report,” Spokane County Prosecutor Steve Tucker said Friday, referring to the report penned by an EMT with the city’s private ambulance service, American Medical Response. “It concerns me … that I wasn’t given the straight story. I thought we worked together. I’d like to think I’m getting everything if I’m going to make a decision. But I still don’t know what I didn’t get or what the inconsistencies were.”
The AMR report was made available to Spokane police Detective Terry Ferguson, according to court records, based on a search warrant she filed March 29, 2006, seeking medical records from Deaconess Medical Center. Moses later testified to a grand jury that Thompson told him he had hit Zehm in the head with his baton, according to court records.
The AMR report contradicts what police officials said from the night of the incident on March 18, 2006 – that Thompson followed police procedure in the confrontation with Zehm in a North Side Zip Trip.
Zehm, who had not committed a crime, was hit with a police baton, shocked with a Taser and hogtied with a mask placed over his face. He stopped breathing and died two days later.
In the city’s response to a civil-rights claim by Zehm’s mother last year, city attorneys wrote that any force used by Thompson was “reasonable and necessary.”
Thompson also denied hitting Zehm in the head with his police baton in his 2006 interview with Ferguson.
Assistant U.S. Attorney Timothy Durkin has sought a judge’s approval to use the AMR report in the June 7 criminal trial in which Thompson is charged with excessive force and lying to investigators about the confrontation with the 36-year-old Zehm.
But Thompson’s attorney, Carl Oreskovich, has filed his own motion asking U.S. District Court Judge Fred Van Sickle to exclude the AMR report, saying Moses has since “corrected” his grand jury testimony that Thompson told him he hit Zehm in the head with a baton. Asked Friday what he meant by “corrected,” Oreskovich said he couldn’t comment because it will be part of his arguments in a court hearing Thursday.
Meanwhile, a federal grand jury continues to hear testimony about obstruction of justice claims, and a yet unnamed Spokane police officer has received a letter indicating that federal officials will seek to charge him or her with a crime, according attorney Rob Cossey, who is representing the officer.
As for the upcoming trial, Ferguson apparently is going to testify that Thompson did use excessive force and she acknowledges “many glaring missteps and omissions” during her investigation, Durkin wrote in court records.
“This neglect includes, but is not limited to, the failure to interview AMR ambulance paramedics who were informed on scene by SPD personnel that Otto Zehm had ‘attacked’ … (Thompson) and in response Officer Thompson struck Zehm in the ‘head, neck and upper torso,’ ” Durkin wrote in court records.
Durkin, who declined to comment about any aspect of the case, also wrote that federal investigators have found three witnesses who will testify they saw Thompson hit Zehm in the head with his baton, which is not a standard-issue metal baton. Durkin wrote in another court filing that Thompson instead uses a straight baton made of “ironwood” that is longer. He apparently obtained it during his time on the Los Angeles police force.
Tucker said federal investigators told him they found several “inconsistencies” with the police department’s investigation.
“I haven’t heard where inconsistencies were. That was not passed on,” he said.
Asked if he plans to take any action against Ferguson or others based on allegations in the federal case, Tucker said he will see what comes up during Thompson’s trial.
“It would depend on what the evidence is and wrong information in it,” he said.
1992 murder trial begins against sex offender 
Pat O'Leary on May 30 at 7:23 a.m.
I think it’s time for the Review to get a handle on these spammers. This is very annoying.
lewis8457 on May 30 at 7:27 a.m.
tucker is areal piece of work isn’t he? still isn’t convinced the cops did anything wrong.
Tucker said he never saw the report from AMR isnt a better chance he didnt care enough to look?
“I thought we worked together. I’d like to think I’m getting everything if I’m going to make a decision”.
No Mr. Tucker the cops have their own game plan and you have been played for the patsy, and you fell right into that role.
liarsinnews on May 30 at 7:28 a.m.
Why is the ass`t chief not standing trial as well? It appears so many SPD officers are guilty of being liars. Is it any wonder the reputation of law enforcement in Spokane has a terrible odor?
lewis8457 on May 30 at 7:32 a.m.
Yes the kettle of fish is being opened and we are finding all the fish are rotten.
And we have also found out from Mr. Oreskovich cops don’t have to tell the truth unless they are sworn to do so.
misjustice on May 30 at 10:50 a.m.
Why are you all stirring the pot about a report that didn’t take place? It isn’t the prosecutor’s fault, nor is it the responsibility of the defense to find an accusation. Why isn’t AMR responsible for not supplying such a report — IF SUCH A THING ACTUALLY HAPPENED?
If not in the report? Then it didn’t happen. Why try to put it in later? If it was important, it was AMR’s responsibility to make sure it was reported. You don’t alter the report just to fit someone’s statement later.
Sorry, I’m on the side of the defense of this one.
Liberty_Bell on May 30 at 10:51 a.m.
“Zehm, who had not committed a crime, was hit with a police baton, shocked with a Taser and hogtied with a mask placed over his face. He stopped breathing and died two days later.
In the city’s response to a civil-rights claim by Zehm’s mother last year, city attorneys wrote that any force used by Thompson was “reasonable and necessary.”
So killing someone for absolutly nothing, isn’t a crime?
Interesting concept from Tucker?
That Ku Klux Act of 1871, still confusing the Klan in Washington since 1889?
PlanB on May 30 at 10:53 a.m.
You picked a fine time to start backtracking, Tucker. Maybe you should have started to pay attention a few years ago.
Liberty_Bell on May 30 at 10:53 a.m.
I suppose contempt of Court wouold also confuse Tippy Canoe and Tucker too!
United States v. Shipp, 203 U.S. 563,[1] was a ruling of the Supreme Court of the United States with regard to events surrounding a lynching in Tennessee. It is the only criminal trial of the Supreme Court in its history.
Liberty_Bell on May 30 at 10:58 a.m.
‘… ours is a sick profession marked by incompetence, lack of training, misconduct and bad manners. Ineptness, bungling, malpractice and bad ethics can be observed in court houses all over this country every day … these incompetents have a seeming unawareness of the fundamental ethics of the profession’
Chief Justice Warren Burger
misjustice on May 30 at 11:21 a.m.
WHY was Thompson permitted by the SPD to carry a baton that, seemingly, is not standard issue equipment for the force? By extension, could an officer carry an alternate (non-standard issue) side arm or assault-type weapon should they so chose?
I am also interested in learning about Thompson’s prior ‘service’ in California…and if there was a history of his use of deadly force against unarmed citizens?
mikeln on May 30 at 3:08 p.m.
Kind of makes me wonder, a prefectly healthy man has an encounter with people that are supposed to save lives and ends up dead a couple of days later. Hope they do a better job at what they are supposed to do in the future.
Ron_the_Cop on May 30 at 3:23 p.m.
I won’t belabor the point on Tucker suddenly realizing he may have not gotten the full story out of Spokane PD. If you’re interested you can read my opinion regarding Tucker burying evidence over at Community Comment. No pun intended but that has been the result of Tucker’s inaction:
http://www.spokesman.com/blogs/commcomm/2010/may/29/using-different-brush/#c156860
It would be nice if the feds expanded their investigation using their grand jury to matters involving Tucker and the command staff of Spokane PD. Thompson is just low hanging fruit and unfortunately for him he’s being made the scapegoat for the sins of others.
Det. Ron Wright (Retired)
lewis8457 on May 30 at 4:34 p.m.
I think if the results of the trial come out favorable for Otto the feds will have their sites on Tucker since he did nothing and they had to get involved.
I won’t be surprised if they don’t pull in Rocky too.
Clara on May 30 at 6:13 p.m.
In response to “Misjustice” comment.. it was asked if an officer can carry an alternate (non-standard issue) side arm or assault-type weapon should they so chose? …
I don’t know about Spokane but I do know of two other police departments that allow officers to carry non-standard issue weapons as long as they qualify with them first, meaning they take and pass the usual firearms test.
Ron_the_Cop on May 30 at 8:36 p.m.
Misjustice and others,
For what it’s worth, many departments will allow their officers to carry back up weapons. Generally there is a list of approved firearms by the department. Officers must purchase them at their own expense. Also officers must qualify with them like they do with the standard duty weapon at some regular interval.
As for semi-automatic rifles our department allowed them subject to the same requirements. The typical rifle was a Mini-14. In our area there were times that our officers were outgunned by the crooks. Read up on the Norco Bank Robbery that I was involved in in a minor way:
http://www.rcdsa.org/norcorobbery/robbery.html
And this was followed by the infamous North Hollywood Bank Robbery where LAPD was seriously outgunned and in fact armed themselves from a nearby gunshop:
http://en.wikipedia.org/wiki/North_Hollywood_shootout
Det. Ron Wright (Retired)
eagleproducer on May 31 at 3:05 p.m.
Keep digging Durkin and go to the core of the smell.
Ron_the_Cop on May 31 at 3:45 p.m.
Spoketucky,
My thoughts exactly.
brianrbreen on May 31 at 9:05 p.m.
“that I was involved in in a minor way:”
This is quite humorous!
lewis8457 on May 31 at 10:45 p.m.
It was reported some time ago that Thompson had to ask SPD special permission to carry the Iron wood baton, and he was given permission that is why he was carrying it. It is longer then normal baton making up for his small stature; you know the little guy syndrome.
Truthbtold on June 01 at 4:51 a.m.
I think CHARGES should be filed againsst Tucker. He is just as guilty here!!!!
ChefGus/ John Olsen on June 01 at 6:42 a.m.
We need to pull together to get a new prosecutor in the position … Shannon, I am working on Frank Malone’s campaign if you are interested in helping let us know…. people that are not afraid to voice their opinion are necessary to remove Mr Tucker and Mr Trepiedi j
eagleproducer on June 02 at 2:19 p.m.
Chef: First of all, thanks again for all the volunteer time you spend working with the poor and destitute. I’m not necessarily “afraid” of Mr. Trepiedi but I do know he likes to initiate “slaap” lawsuits and my colleagues who work in District 81 (where he is board president) are wary of him as well.
Ron_the_Cop on June 02 at 3:48 p.m.
Tucker has got to go. Listen to these segments of the “RIGHT Perspective Spokane Show” with Mike Fagan and George McGrath:
Part I
http://tootiny.net/uicq2r
Part II
http://tootiny.net/03jm8t
Part III
http://tootiny.net/608vyy
Ron_the_Cop on June 03 at 11:13 p.m.
FYI here’s all four segments of the interview:
Part I
http://tootiny.net/uicq2r
Part II
http://tootiny.net/03jm8t
Part III
http://tootiny.net/608vyy
Part IV
http://tootiny.net/my77uz