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August 17, 2011 in City
Mayor pushes to resolve Zehm suit
Verner seeks ‘closure’ in wake of coverage, community reaction
Spokane Mayor Mary Verner announced Tuesday that she is seeking “all courses of action” to resolve the civil case surrounding the city’s handling of the fatal 2006 confrontation between Spokane police and mentally ill janitor Otto Zehm.
Verner said media attention over the past week has brought “raw emotions and ongoing frustration from our community, made worse by the complexity of legal processes surrounding the matter,” according to a news release.
Much of the media coverage has focused on contradictions emerging in court documents between the city’s insistence that its officers did nothing wrong and statements under oath by an assistant police chief acknowledging several policy violations and a poor investigation.
“I cannot guarantee a date of finality in this case, but I can ensure that the city does everything possible to try to bring much-needed closure to the community, to the Police Department, and most importantly to Mrs. Zehm,” Verner said in the release.
The announcement came a day after the City Council agreed to consider next week whether to pay a Seattle attorney up to $75,000 to represent Assistant Chief Jim Nicks, who according to court documents is prepared to testify for the prosecution in the upcoming federal criminal trial of Officer Karl F. Thompson Jr.
City spokeswoman Marlene Feist said that if the City Council approves the plan, Seattle-based attorney Theodore Angelis, of the international law firm K & L Gates, would be hired at taxpayer expense to represent Nicks in the civil portion of the legal fight surrounding Zehm’s death.
In that civil case, attorneys representing Zehm’s mother and estate have filed a $2.9 million claim against the city, Thompson, Nicks and several officers who responded to the convenience store that night. That case has been put on hold until the criminal trial – currently set to begin on Oct. 11 – concludes.
“The city was representing (Nicks) and has been in the civil case,” Feist said. “With the affidavit filed last week, we felt it was best to provide (Nicks) with separate counsel.”
Feist acknowledged that the decision was related to the potential that Nicks’ testimony could create a conflict of interest with the legal representation of other officers, including Thompson.
Verner said last week that she had not read declarations by Nicks, which were filed in court records on Aug. 5. A day later, Verner said the city would be reviewing its legal strategy after learning that Nicks is prepared to testify that Thompson violated department policy and use-of-force standards when he immediately began beating Zehm with a baton on March 18, 2006.
On Tuesday, Verner announced essentially that the city will be seeking all options for ending the civil case, including asking U.S. District Court Judge Lonny Suko to lift a stay that prevents both sides from sharing evidence until Thompson’s criminal trial concludes.
Verner said she can’t “unilaterally” reach a resolution in the civil case and that the outcome of the criminal trial is “completely out of her control.”
“Admittedly, these steps are part of a complex process, but we have to ensure that we are doing everything possible to secure the confidence of our citizens,” Verner said in the release. “I have a responsibility to maintain trust in our Police Department and to work in good faith to reach a fair resolution in the civil case.”
Feist said that Verner had no comment aside from the news release.
Breean Beggs, who along with Jeffry Finer represents Zehm’s estate and his mother, said Verner had not informed him of the city’s new position.
The last time before Tuesday that the city offered any negotiations to settle the case was just prior to the filing of the civil suit in March 2009, Beggs said.
But he added that he and Finer wrote city leaders a couple weeks ago, urging them to negotiate a settlement, which was not barred by Suko’s order. They received no response.
“Basically, this statement in a sense is an answer to that letter,” Beggs said. “We said it’s been far too long. We want to bring closure. Why don’t we sit down and negotiate it? We don’t have to wait for the criminal trial. In fact, settling the civil case would make the criminal case far less divisive.”
Feist said Verner formalized her decision Tuesday but has been working toward it since last week.
The city spokeswoman declined to comment on why the city didn’t re-evaluate its strategy in March 2010, when court documents were first filed indicating that Nicks’ testimony could be damaging to the city’s case.
“That would get into strategy,” Feist said. “It’s not my place to get into that level of detail.”
Regardless of how the city got here, Beggs said Ann Zehm, who is in her 80s, wants the case to be resolved.
“Mrs. Zehm will be very pleased to hear the mayor’s new directive to the city attorney’s office to settle the case,” he said.
Staff writer Jonathan Brunt contributed to this report.
1992 murder trial begins against sex offender 
ChefGus/ John Olsen on August 17 at 9:00 a.m.
Too little effort WAY too late… Way too late…. good grief… john olsen
lewis8457 on August 17 at 9:14 a.m.
she will try but legal issues are making progress slow, fire the SPD officers involved. Verner put something behind your empty words we all know you only care because you want re-elected.
IHike4Fun on August 17 at 9:14 a.m.
I don’t suppose this action has anything to do with running for re-election. Must be just a coincidence.
Ron_the_Cop on August 17 at 9:19 a.m.
I agree ChefGus and I would encourage all to read the other thread of the earlier version of this article. I’m going to post it in its entirety as it sums up my position quite clearly that Verner knew or should have known that a cover up was under way by both the SPD brass and the City Attorney’s Office. She had the power to stop this. She didn’t!
http://www.spokesman.com/stories/2011/aug/16/verner-vows-end-civil-battle-over-otto-zehm/?comments#c332943
Former Sheriff Tony Bamonte of Pend Oreille Co, SPD officer, writer, publisher and made famous in the book Breaking Blue http://tinyurl.com/ykz9wcb has filed a formal complaint with the US Atty’s Office
August 16, 2011
Tim Durkin, Assistant United States Attorney
U.S. Attorney’s Office, Eastern District of Washington
920 West Riverside Avenue, Suite #300
Spokane, WA 99201
RE: Otto Zehm death
Dear Mr. Durkin:
Please accept this correspondence as a formal complaint against the following people: Spokane Mayor Mary Verner, Spokane Police Chief Anne Kirkpatrick, Spokane City Attorney Howard Delaney, and assistant city attorney Rocky Trepeddi. I am making my complaint to you because of your involvement and knowledge about the Zehm case. I ask that you forward this complaint to the attorney general for his approval. I believe you already have strong evidence to prove that, in harmony with each other, the above community leaders have conspired to mislead and have deceived the public for over five years. This concerns what appears to be the brutal killing of an innocent citizen by a police officer. The evidence of this has been overwhelming and exceptionally clear. I am especially concerned about Mayor Verner’s conduct in the case. In her position she is the only public official in the city with the power to remove the city attorney and the police chief for criminal behavior, yet, to this date, has taken no action of any kind.
Most important, in the positions each of these officials occupy, it was their duty to find and know the truth and protect the public. Instead, I allege each one of them knew the truth, yet in violation of their oaths and with complete disregard for the public’s welfare, publicly lied and concealed this felony crime. Further, I believe that the officers involved had to have been directed by their legal council to lie. The complicity of Mayor Verner and Chief Kirkpatrick is profound. Their failure to know the facts behind this case is unbelievable as they are both attorneys involved in one of Spokane’s largest scandals. Why would the mayor of Washington’s second largest city, make the public statement “In my opinion, … I just don’t think that the behavior of the officer rose to criminal behavior”?
In her position, this was a criminal act and violation of her oath of office in a direct attempt to deceive the public. I am a 25-year veteran of law enforcement, having served eight years on the Spokane Police Department and 12 years as the elected sheriff of Pend Oreille County. Consequently, I clearly recognize how government works, who will have the facts as fast as they become available, and who makes the decisions in high-profile cases such as this. This constitutes a number of criminal acts and is willful and wanton disregard for the safety of our community by Mayor Verner.
There is an established pattern of Spokane’s public officials lying to the public and committing serious crimes that go uncharged or prosecuted. Now, you have irrefutable evidence that Spokane’s top officials have became part of a cover-up by our police department of a senseless killing. It appears they will not have to answer for their crimes. It looks that Deputy Nicks struck a deal to protect the main suspects. I hope that’s not the case.
Again, please accept this letter as a formal complaint to investigate and charge these public officials with violating whatever laws they have broken – the list is long.
Sincerely,
Tony Bamonte
liberal_in_right_wing_land on August 17 at 9:37 a.m.
Ron the cop, maybe you should focus your energy on the cop who actually beat the man to death. Seems you have a little misplaced allegiance to your fellow police officer.
If Verner had any hand in covering this up, which I HIGHLY doubt she did, it still pails in comparison to what these disgusting, POS, above the law Spokane Police officers did and continue to do just about everyday.
Also, love the people who think Verner is doing this now for an election. If she had any hand in some suppose cover-up, you really think she would want to start bringing this issue up now to where something like that would come out and hurt her re-election chances? NO, she would want to get as far away from this issue as possible. I actually commend Verner for trying to end this case once and for all and really hope these idiot police officers are thrown in jail and then become their cellmates new bi*ch.
I have no trust in the Spokane Police Department as they have proven time and time again they think they are above the law and it shows by the amount of people they seem to kill or shot. They should all be fired.
MarleneFeist on August 17 at 10:07 a.m.
You might be interested in the Mayor’s full release on this topic. I have included it here.
**********************************************
MAYOR PURSUES PROGRESS IN ZEHM CIVIL CASE
TO HELP COMMUNITY REACH CLOSURE
**********************************************
Spokane Mayor Mary Verner has directed the City Attorney to identify and pursue any and all courses of action to move the civil case in the Otto Zehm matter toward resolution. This effort could include a motion requesting the court to lift the stay which would allow the parties in the civil case to proceed without violating any court orders.
The Mayor said she had hoped the outcome of the civil case, which was filed in early 2009, would have been determined far before now.
More than five years have passed since the original incident of Otto Zehm’s death. Media attention over the last few days concerning the case has brought out raw emotions and ongoing frustration from our community, made worse by the complexity of legal processes surrounding the matter.
For clarification, there are two separate legal matters: (1) a civil case for damages against the City and certain Police employees filed by representatives of Otto Zehm’s mother in early 2009; and, (2) a criminal case brought against SPD Officer Karl Thompson by the U.S. Attorney’s Office several months after the civil suit was filed.
The City is not a party in the criminal case, and the City cannot take sides in that case as the defendant is entitled to a fair trial. The City is a defendant in the civil case for damages, and that case is at a court-ordered standstill until the federal criminal trial concludes.
Work in the civil case came to a standstill following an order of stay by Judge Lonny Suko in October 2009 that prevents the parties from engaging in the discovery process until the federal criminal trial concludes.
The stay was requested by the participants in the criminal case. The City objected to the stay, knowing the stay would create significant legal and practical obstacles to getting the civil case tried in court or settled. The criminal trial has been postponed twice and now is set to begin in October, now about five and a half years after the original incident.
“I cannot guarantee a date of finality in this case, but I can ensure that the City does everything possible to try to bring much-needed closure to the community, to the Police Department, and most importantly to Mrs. Zehm,” says Mayor Verner.
The Mayor acknowledged that she can’t unilaterally reach a resolution in the civil case, and that other parts of the issue—including the timeline and outcome of the criminal trial—are completely out of her control.
“Admittedly, these steps are part of a complex process, but we have to ensure that we are doing everything possible to secure the confidence of our citizens,” says Mayor Verner. “I have a responsibility to maintain trust in our Police Department and to work in good faith to reach a fair resolution in the civil case.”
Thousands of pages of documents have been and will be filed in the courts. Since the City is not a party in the criminal case, the City receives notification of criminal filings no earlier than the rest of the public.
After the legal issues conclude, the Spokane Police Department will conduct a thorough investigation of all aspects of the March 2006 incident to determine if any additional policy changes, training, or other actions are necessary.
“Many people, including me, have speculated on the merits of the criminal case, but it is unwise to take piecemeal action based on facts out of context,” says the Mayor. “Ultimately, the trial will determine whether any crimes have been committed, based on evidence, law, and circumstances. We all await that final decision.”
Ron_the_Cop on August 17 at 10:09 a.m.
@liberal
Point taken. I would encourage you to click on my name for my other posts on the Zehm case. I agree there are major issues with SPD including the actions of Ofc. Thompson. Ofc. Thompson will get his day in court that Otto didn’t. Ofc. Thompson however is being scapegoated by SPD brass who allowed this cover up to occur. This is where I lay the blame with SPD command staff. If you don’t fix this we will continue to have Otto incidents and future cover ups. Look I voted for Verner in the last election in lieu of voting for Hession.
I’m sorry regarding Verner but as mayor this occurred under her watch. She knew or should have known this cover up was in the works as far back as April of 2010. Both Bamonte and I are on record regarding serious allegations against Chief Kirkpatrick. I’m on record that Mayor Verner should have fired both Kirkpatrick and Nicks for their looking the other way on the death of Otto that in my opinion was a wrongful death.
Ron_the_Cop on August 17 at 10:23 a.m.
Thank Ms. Feist for taking the advantage of the new alternative/social media to post the full press release on this matter. I would encourage the Blog Gods (Lynn S.) to allow your post to remain even though it is a cut/paste:-)
And yes an argument can be made that this was a political hit unfavorable to Mayor Verner just before the deadline for the ballots. I’ve chided the S-R city editors as well as Brunt and Clouse to report the full story. This has more to do with the unseemly underside of “Spokane Nice” and issues of who really runs this town. Unfortunately in my opinion Mayor Verner was either being led down the primrose path or knew full well what was going on but chose to take no action.
These threads are where a significant community debate is taking place on the tragic death of Otto Zehm and its attendant issues. In my opinion the City should have been very transparent and recognized that mistakes were made very early on in this case instead of digging in its feet.
All are free to read my assessment here:
http://www.spokesman.com/stories/2011/aug/16/expert-officers-caused-death/?comments#c332786
http://www.spokesman.com/stories/2011/aug/16/verner-takes-commanding-lead/?comments#c332979
Ron_the_Cop on August 17 at 10:30 a.m.
Ms Feist,
Sorry just one more thing about transparency on this important issue. Brian Breen as former SPD major crimes detective now in private practice just posted this suggestion for Mayor Verner. Could you please refer this to her? :
http://www.spokesman.com/stories/2011/aug/16/verner-takes-commanding-lead/?comments#c333043
brianrbreen on August 17 at 11:04 a.m.
@MarleneFeist
I also thank you for posting the press release in its entirety, but I’m afraid it doesn’t do much, for me anyway, to answer many of the questions that have arisen from both the civil and criminal cases.
Perhaps it is another one of those vast complexities associated with litigation both criminal and civil, but if the city is not a party to the criminal case why would the Mayor request that 200+ thousand dollars (and get it) to defend Karl Thompson in the civil and criminal case. Does that now establish precedent that from this point forward, heaven forbid, when a similar situation arises the city will hire an noted defense attorney ostensively to handle a civil litigation, knowing criminal charges are coming down the pike. If so I’m sure there will be a lot of Guild members happy to hear that.
Dazzeetrader11 on August 17 at 11:05 a.m.
Verner’s sending Marlene in to work some magic. She’s worried and Feist will post to obfuscate the truth. Feist , is a public employee and shouldn’t be the apologist for the mayor. It shouldn’t be allowed.
Let remember, this is in the courts and they will be wanting to talk to Spokane’s bouncy mayor. This is not the time (in a murder case with obvious collusion being investigated) for the mayor and her girl to muddy up the waters.
Verner knew and should resign. It’s impossible that she didn’t know. Dereliction of duty pure and simple. She’s been sneaky about this from the beginning.
It’s about getting elected…not about the truth which she’s hidden for at least since she’s been mayor. Unfit for duty.
SR….. Feist…is to be carefully screened. Please.
Patanjali on August 17 at 1:17 p.m.
As this issue relates to the upcoming election the choice between Verner and Condon is quite obviously in favor of Verner. Condon will do nothing but block any efforts towards police accountability while Verner is at least a person of compassion who, I sincerely believe, will try to do the right thing. The Zelm case is now ripe for settlement and a reasonable offer should be made by the city and accepted by the attorney for Zelm’s estate.
MarleneFeist on August 17 at 2:06 p.m.
Just to clarify for @brianrbreen. The City is paying attorney Carl Oreskovich to represent Karl Thompson in the civil case only.
Mr. Oreskovich does represent Mr. Thompson in the criminal case as well, but the City does not pay that bill. (Mr. Oreskovich was appointed by the court to represent Mr. Thompson in the criminal case; the taxpayers generally pay for that representation—not the City of Spokane.)
The City is not a party in the criminal case, and we receive notification of new filings in the case at the same time as media and the rest of the public.
brianrbreen on August 17 at 2:38 p.m.
@MarleneFiest
Thank you for that but I am aware the criminal representation is a panel case NOW. Having been so since the government pressed the conflict issue and the city withdrew. My point was and perhaps I didn’t express it very well is why the city retained a noted and respected defense attorney obstensively to handle a civil litigation. I’m sure you are aware that during the time when the conflict issue arose and Mr. Oreskovich was under your retainer his position was that his only client was Karl Thompson. If I’m wrong about that please point it out. Perhaps you could also make public the billing records Mr. Oreskovich submitted for his representation costs from the original $260,000.00 funding. It would be interesting for me and perhaps others to see what he billed specifically so one could make a judgment whether or not the hours were for defense of the criminal case or the civil case.
You might also pass on that I went in for x-rays Tuesday on my broken foot and found that it isn’t healing, so, looks like surgery, and you might be stuck with me for awhile.
brianrbreen on August 17 at 2:58 p.m.
Marlene,
Another thing that may puzzle a lot of people is if Mr. Oreskovich truly was retained only to represent Thompson in the civil matter. Who did you hire to represent all of those other young officers who were named or are they stuck with city attorneys who obviously have a conflict of interest in the civil case. I bet right now a lot of them wish you guys would come up with some money for representation that will look after their interests and only their interests, as is the case with Mr. Oreskovich representing Karl Thompson.
So far if I’ve got this correct at this point there is only one officer (Thompson) who has independent representation, and if the council passes the 75 grand for Nicks that would make two. Is that right?
brianrbreen on August 17 at 3:59 p.m.
@MarleneFeist
That’s okay you don’t have to respond. I understand.
Squid on August 17 at 4:01 p.m.
One thing that puzzles me is that the city hired Daniel Davis MD as an expert witness and he came up with the odd conclusion that Otto was a victim of police abuse, which didn’t seem to favor the people who paid him.
I looked into it and think I have that mystery figured out. His findings are that Thompson didn’t cause Otto’s death, and rather it was the fault of two other officers. This means that Thompson will skate on the criminal charges. His testimony will be limited, and the findings are that all of the officers violated policy, so the city will skate on the civil trial. Pretty sneaky.
Once again no one will be held accountable, unless the two officers who squished Otto are charged, and I’m guessing there will be another expert hired to dispute the findings from Dr. Davis.
Dazzeetrader11 on August 17 at 4:37 p.m.
The baton of Thompson crushed the trachea. I’d say he’s far from “off the hook”. No air in and no air out. Suffocates. ANychance Otto had to breath was further eliminated by the other officers. Make no mistake…this is way to plant uncertainty by the cops…spearding balme an dnobody can figure out the major protion as t who is libel for murder.
Feist has no business on this blog. Tainting is all this is doing.
Big taint to color the issues in Verner’s favor. Outrageous behavior! Keep an eye on Verner. She’s in this up to her hip boots. FBI will want her too.
See the usual deal is that if the police and Nicks go down, they sing and explain how they communicated all this to the Mayor, Kirkpatrick and the union reps….any small wonder why the city doesn’t want an ombusman with full investigative authority???
Squid on August 17 at 4:56 p.m.
The Daniel Davis MD report stated that Thompson inflicted multiple non fatal injuries and he can not be associated with Otto’s death. It goes on to say that the other officers who deprived Otto of breath caused his death.
Basically it says that Thompson violated police policy, but did not cause Otto’s death, and the other two officers who were kneeing on Zehm are at fault, yet it was a mistake.
Thompson will skate on murder
The city will claim Thompson violated policy, so civil matters will only apply to Thompson. My guess he will file bankruptcy and not have to pay a dime.
The city is not liable because the officers violated policy.
Nicks, Verner, and Odenthal will plead the fifth.
Everyone gets a pass.
Squid on August 17 at 5:13 p.m.
The city would not hire and pay an expert that would find a cause that was detrimental to them, and then publish the report. The Daniel Davis MD report benefits and protects everyone involved. I know the defense hired Daniel Davis MD, but the defense and the city are one in the same in this case.
Curiously the criminal charges against Thompson are “Depriving Otto’s Civil Rights” and “Falsifying Records.” Nothing about murder in the charges, unless there are additional charges I don’t know of.
MarleneFeist on August 17 at 5:25 p.m.
@brianrbreen: Thanks for staying on top of this. I’m not the lawyer on this case, and as I told the Spokesman, it’s not my place to get into all these specifics. Really, a lot of the Mayor’s release is about providing basic information on the separation in the two cases.
@Squid: Truly, the City is not a party in the criminal case. That case is handled separately. The defendant’s attorney is hiring experts and preparing for trial without the City. We become aware of the filings as they are posted for the media and the public to see.
Squid on August 17 at 5:41 p.m.
Technically, but not in reality. It’s just accounting and reporting.
The city protects itself.
Odenthal gets money from both the city and Thompson. I’m sure the charges always go on the correct invoice.
Are those invoices available for the public to view?
Squid on August 17 at 5:52 p.m.
Ooops… Oreskovich… or however you spell it.
Oreskovich represents the city and Thompson.
A new attorney will represent Nicks and the prosecution.
You can understand my confusion.
brianrbreen on August 17 at 7:35 p.m.
@MarleneFiest
Thanks for responding Marlene, and I think you see my point with respect to the other officers. I really believe given the circumstances you should discuss with the Mayor having Chief Kirkpatrick not have Officer Thompson attend any more Senior Staff Meetings. I understand his Lexipol position, but in the scheme of things in my view it sends a pretty poor message not only to the public but also to alot of the officers on the job many of whom would not mention it to anyone else. When I learned Thompson was in the Lexipol position I shook my head as I know Lexipol often deals with use of force issues among other things. Then when I found out he was attending Senior Staff Meetings, I just started laughing. I think it’s time not to cut the chains but to take a better look at some of the decisions that have been made up to this point. It would be silly to think that those facts wouldn’t at some point come out, and I’d hate to be the one on the witness stand in either case trying to defend why I had an officer under federal indictment, and awaiting trial in that position while at the same time attending meetings where decisions on running the department are made.
I was being facetious about Carl O’s billing records, I have copies of some of them but they are redacted to the point I can’t tell what he was doing. Let me assure you whatever it was it was well worth the $225.00.
Having been involved in many a federal case I’m sure the Mayor has already spoken to those folks and I’m sure she was truthful but now that things are falling apart and perhaps she has a better picture of what was going on it’s time, regardless of how embarrassing it might be for some, to ramp up the level of cooperation with the feds in the criminal case and give them every thing they ask for.
BTW, I feel kinda bad about being such a pain in the bum when you guys are paying for my broken foot….nah maybe not.
DickAdams on August 17 at 7:49 p.m.
Isn`t Marlene Feist something else? Ms. Feist is probably somebody that can keep a secret though. Ms. Feist worked for Senator Jim West and when he was elected our Mayor, he took with him to Spokane, Ms. Marlene Feist. Since then, when certain officials at city hall should be responding to questions, they send in Ms. Feist. For gosh sakes how many spokespersons does Spokane have??. And take a look at Ms. Feist`s salary. WOW. Another spokesperson for the city is Jennifer Lewrue (sp). Most of the time she is all dolled up and rarely wears her city paid for uniform. So often Jennifer speaks on the behalf of the chief of police when Kirkpatrick sits back looking the other way (with Nicks, as her mentor). Of course Nicks should have been fired years ago.
DickAdams on August 17 at 8:02 p.m.
Why in Gods name did Verner sit and do nothing for several years about OTTO, except for sticking up for Rocky Treppiedi and other SPD characters who are guilty of doing nothing to bring this sad case to a conclusion? Some of the SPD finest are, in my opinion, as guilty as Thompson.
Dazzeetrader11 on August 17 at 8:29 p.m.
I’d guess that multiple people were interviewed before the city and the defense settled on Davis.
Somebody should be asking why they settled on his opinion. Also, somebody should be asking why not the others.
What did they have to say about this homicide? Fertile ground.
he reader is only seeing what the SR wants them to see.
lewis8457 on August 19 at 7:12 a.m.
every member of the SPD is guilty, of allowing murderers to walk among them and tarnish their reputation.