Spokane7
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August 19, 2011 in City
Many things Jim Nicks didn’t do in Zehm case
Jim Nicks has taken a lot of heat lately, as well he should, for his role in the Otto Zehm case.
Today, though, I come not to bury Nicks, but to praise him. Sort of. Or at least to spread some of the massive manure pile of blame just a bit, because it doesn’t all belong on him.
The city’s assistant chief of police – who was the acting chief and the public face of the dissembling early days of the Zehm investigation – has made sworn court statements that emerged recently, acknowledging that Officer Karl Thompson used excessive force when he beat Zehm repeatedly with a baton and Tasered him in the March 18, 2006, struggle that led to Zehm’s death.
So Nicks did that right. In addition, we shouldn’t forget all the wrong that he didn’t do. Because there is so very, very much of that, as well.
Jim Nicks did not strike Otto Zehm with a baton almost immediately upon entering the Zip Trip to investigate a possible theft. Karl Thompson did that.
He did not shock Otto Zehm and then follow him as he tried to crawl away, striking him repeatedly with a baton – part of what federal investigators deemed a “violent attack.” That, too, was Thompson, prosecutors say.
He did not later tell investigators any number of things that were not borne out by the other evidence, ranging from Zehm’s supposedly assaultive demeanor to his supposedly threatening use of a pop bottle. Thompson, again.
He did not share a Zip Trip aisle with Thompson and Zehm while Thompson delivered seven baton blows – one, two, three, four, five, six, seven – then report later that he had seen zero baton blows. Officer Steven Braun Jr., prosecutors say, did that.
Once Zehm had been wrestled into submission, double-cuffed and hogtied face-down, Jim Nicks did not kneel on his chest/neck area for nearly 3 minutes right before Zehm became “unresponsive.” Officer Jason Uberuaga did that, according to court documents, along with several other officers who applied “excessive … downward force” on the “totally restrained” Zehm.
He did not try to discredit a witness who claimed Thompson had struck Zehm in the head with his baton. Detective Mark Burbridge did that, the feds say, along with another detective.
He did not, it seems, come up with the mythical Lunge of Otto, though he did start telling the myth that night, not too long after the ambulance hauled Zehm away and not long after consulting with Assistant City Attorney Rocky Treppiedi. That lunge – repeated in news releases and public statements along with Thompson’s fictional “defensive” use of his baton – was relayed to Nicks in the various briefings from other officers on the scene. That Kool-Aid was drunk very quickly, and by more than just Jim Nicks.
In the subsequent city investigation into the case, Jim Nicks did not fail to conduct vital interviews and gather evidence, such as the mask Zehm was wearing when he stopped breathing. Nicks also did not fail to follow protocol requiring that witnesses be interviewed in the presence of a county investigator supposedly monitoring the investigation. That was Detective Terry Ferguson and the Major Crimes Unit.
He didn’t decide that two of the four videotape angles of the confrontation contained nothing of value, only to discover later that – hey, look, something of value! Ferguson did that.
He did not fail to perform a side-by-side comparison between Thompson’s statement and the videotape, and shed any light on the contradictions between them. That was Ferguson and the Major Crimes Unit.
He did not refer the investigation to the prosecutor’s office with the finding that there was “no evidence” of excessive force, and that “only that amount of force that was reasonably necessary was used.” Ferguson did that.
He did not commit the “many glaring missteps and omissions” the city’s lead investigator is now expected to admit occurred in the city’s “independent investigation.” That, prosecutors say, is the city’s lead investigator herself: Detective Terry Ferguson, now retired.
Jim Nicks did not write witness reports that softened the “incriminating” nature of the witness’s observations about Thompson, and have those summaries later corrected by the witnesses themselves. Burbridge did that, the feds say.
He did not provide a statement to federal prosecutors saying Thompson used excessive force, then ask to provide a second “clarifying” statement, after meeting with Treppiedi, in which he said that maybe Thompson did not use excessive force after all, depending on how you look at it. Uberuaga did that.
He did not flatly deny that officers applied downward force on Zehm while he was hogtied and wearing a mask. Assistant Chief Al Odenthal, now retired, did that.
Jim Nicks did not write a letter to attorneys for Zehm’s family in June 2006 exonerating Thompson and laying all the blame for the incident on Zehm’s “extraordinary” resistance, before the city’s shoddy investigation was even completed. Rocky Treppiedi did that.
He did not meet with the Spokane medical examiner and try to pry confidential information out of her inappropriately. Treppiedi, prosecutors say, did that.
He did not act as a legal representative for Thompson while also acting as the legal representative for several other officers, some of who are expected to give damning testimony against Thompson at trial, and who are defendants in a civil lawsuit, and he did not engage in other legal shenanigans such as passing along confidential grand jury testimony to Thompson. Treppiedi, prosecutors say, did that.
He did not sit in on interviews of Spokane Fire Department personnel by federal investigators, jumping in to make “substantive clarifications,” which were then adopted by the witnesses – a circumstance that caused federal investigators to conclude they had to use a grand jury to get untainted testimony. An assistant city attorney who is unnamed in court records did that.
Jim Nicks did not file a sworn statement in June 2009 attesting that “The force used upon Mr. Zehm was caused and necessitated by his own acts, and said force was necessary and reasonable …,” despite the fact that Nicks had testified before a grand jury eight months earlier, presumably saying the same things under oath that he is saying now. Rocky Treppiedi did that.
Jim Nicks does not appear, like Waldo peeking from behind a curtain, in virtually every instance where the city has shamed itself; where police made mistakes or told stretchers or switched their story; where blatant conflicts of interest arose and were seemingly exploited; where the city refused to acknowledge publicly the evidence that even its own officers now seem ready to admit. Rocky Treppiedi – There’s Waldo! – did that.
Anything else? Maybe just one thing.
Jim Nicks did not name Rocky Treppiedi city employee of the month in December 2010.
Mayor Mary Verner did that.
Shawn Vestal can be reached at (509) 459-5431 or shawnv@spokesman.com. Follow him on Twitter at @vestal13.
The draw of the unknowable 
spokanelaw on August 19 at 3:35 a.m.
Spokane’s confidence in law enforcement can be restored. In addition to addressing individuals’ culpability, systemic improvements are possible. However, they must be implemented through changes in collective bargaining agreements and statutes. One such improvement would be to have Spokane area officer involved deaths investigated by the WSP and evaluated by the Attorney General’s office. Our local agencies apparently respond with hear no evil and see no evil.
TheRoyLarsen on August 19 at 5:04 a.m.
None of the people mentioned above changed their stories. Jim Nicks did that.
ChefGus/ John Olsen on August 19 at 5:17 a.m.
thank you Shawn, and Frank. John
Ron_the_Cop on August 19 at 6:22 a.m.
Great piece Shawn!
And I do no say that lightly. I would just add though Nicks was the Acting Chief of Police at the time. This tragedy and cover up happened on his watch and also the firehouse sex scandal too. There is one mitigating factor though - Asst. City Attorney Rocky Treppiedi. If anything Nicks succumbed to the culture within SPD of condoning and tolerating police misconduct and abuse.
I posted this in another thread but what I find very interesting and no media so far has seized upon this is the involvement of SPD Major Crimes Supervisor Sgt. Joe Peterson in this investigation. This is the same Sgt.Peterson that allowed and condone the destruction of evidence in the firehouse sex scandal e.g., the digital photos. This was potentially illegal child porn even though criminally there were issues of consent.
And finally Nicks was hauled before a federal grand jury. Funny how such a jury has the effect of a truth serum. What the feds found here with high ranking SPD officials viewing some of the vidoe footage says it all for me. See my post here re the complicity of high ranking SPD officers reported by the US Attorney’s Office in their filing back in April of 2010:
http://www.spokesman.com/stories/2011/aug/16/expert-officers-caused-death/?comments#c332786
And Mayor Verner was either saying I hear no evil, I see no evil and or I speak no evil. It is inconceivable to me that the Mayor did not know a cover up was underway by high ranking police officials and the City Attorney’s Office in April of 2010. See my comment here http://tinyurl.com/3kv56ry
And finally don’t get me wrong there are many fine men and women doing a very difficult job day in and day out at SPD. What they lack is effective leadership at the top that will not tolerate police misconduct/abuse. Police work is very difficult at best, split second decisions must be made and officers will make mistakes. After all they are human as we all are. The key is recognizing when mistakes are made quickly,, apologize, quickly settle claims if appropriate, change policy, procedure and training when necessary.
We need the police as in the end we are the police and the police are us.
Det. Ron Wright (Retired - 35 years Riverside PD, CA)
Principal, Ron Wright Investigations LLC
brianrbreen on August 19 at 7:05 a.m.
@spokanelaw
I agree systemic improvements are possible however it requires a willingness on the part of civic leadership to not only bargain for those improvements but also fight for them even if it means going through binding arbitration.
One issue not often mentioned in that regard is, as I’m sure you are aware, the city has agreed with the Guild to allow an arbitrator to decide issues involving disputes regarding employee discipline. The problem with that from the publics standpoint is that what is presented to the arbitrator is done in secret. So the community does not have the opportunity to evaluate for themselves whether or not the city acted responsibly and by the same token whether or not the officer did. The secrecy surrounding the arbitration process in matters of discipline provides cover for both parties.
Eliminating arbitration in matters of discipline leaves an accused officer with only one option for a due process appeal involving a disciplinary finding, and that option is an appeal to the Civil Service Commission which is not secret and the hearings must be open to the public as both sides present their case. The officer, as would the city, then have the option to appeal through the court system any decision of the Commission they felt was unjust.
I understand your position with respect to Officer Involved Deaths, however currently the WSP is in fact involved in the investigation of OIDs, both in City and County cases. In some segments of the community it makes no difference who investigates OIDs the claim will always be “They are protecting their own”. In my view that can be mitigated at least to a certain extent with a county ordinance requiring a public coroners inquest in all Spokane County OIDs. The Chief of Police and The County Sheriff have both publicly stated they are in favor of that option. I believe it was Chief Kirkpatrick, who in doing so, stated something to the effect that the political will was not there at this point Well it is about time it got their.
Ron_the_Cop on August 19 at 9:48 a.m.
Brian,
All good points. Worthy of a serious community discussion.
I too believe the issues with SPD are systemic fostered and condoned by an ineffective and incompetent police leadership that is doing a great disservice to the police rank and file. This culture is beyond remediation by the Ombudsman.
The brass are hanging Ofc. Thompson out to dry while at the same time providing legal counsel for the SPD brass who had an active role in the cover up. They are not providing for the same independent counsel for the rank and file. The feds saw this coming. The feds to protect their criminal civil rights case had to file a motion to draw the line regarding obvious conflicts of interest of counsel in this case. How hypocritical is this?
This has been further compounded by a City Attorney’s Office e.g., Rocky Treppiedi, who’s actions border on the obstruction of justice and in fact may have crossed the line after reading the US Attorney Office’s filing papers to get Treppiedi to back off.
And of all ironies as Shawn reports, Treppiedi was awarded the City Employee of the Year award by Madame Mayor!
yellowcat on August 19 at 10:12 a.m.
“And Mayor Verner was either saying I hear no evil, I see no evil and or I speak no evil. It is inconceivable to me that the Mayor did not know a cover up was underway by high ranking police officials and the City Attorney’s Office in April of 2010. ”
As I’ve said before, if Mayor Verner didn’t see the Zehm video, there is no excuse. It reminds me of Colin Powell in front of the United Nations talking about the weapons of mass destruction in Iraq (that never surfaced). I’m sitting in SPokane watching that on TV and I can tell Colin Powell is lying. If Mayor Verner tell me she didn’t watch the Zehm video back in July 2006, I think she is lying also. If she didn’t watch it, she should have. One watch of the video, and you know Otto Zehm was not at fault and that he was killed by the police. The buck stops at the top.
Ron_the_Cop on August 19 at 10:36 a.m.
To All:
Please remember the City Council Meeting this coming Monday evening where the SPD Police Ombudsman will be discussed. See this post by the Center for Justice:
http://cforjustice.org/2011/08/10/hold-or-fold/
If you have concerns of what’s going on here please plan to attend and make your opinions known. Our elected leaders need to know we deserve better and will demand accountability of OUR ELECTED LEADERS.
Brian Breen is no newcomer and an outsider like me with my own sense of fairness and duty. Brian is a former SPD major crimes detective now in private practice. We both realize the need to protect the due process rights of the police rank and file while at the same time remaining as transparent as possible in OIS/OID investigations.
What has failed here is the process and a systemic culture of covering up mistakes by SPD leadership. Here’s my key graph from above:
Squid on August 19 at 11:15 a.m.
Excellent work involved in compiling this summary and information.
Makes me wonder if any criminal cases or officer abuses are legitimate in any way, or will be in the future.
Is it possible to clean up our city? Where do we start?
Obviously Verner has to go. If you were mayor, and you had access to any and all information about a huge controversy in your town, wouldn’t you absolutely want to know the complete truth and review all the information, especially the video? I am 100% sure that Verner reviewed the video and knew everything about this case many years ago.
Everyone in this cover up needs to move to another town, far away. Maybe Walla Walla.
Ron_the_Cop on August 19 at 11:23 a.m.
Squid,
I wholeheartedly agree that Shawn has cut through all the BS and smoke straight to the core for all to see and exposed this ugly cover up sanctioned and condoned by SPD leadership, the City Attorney’s Office and complicit with the Mayor’s support and or acquiescence to her subordinates. Who’s running this City?
If others agree too I would share Shawn’s column with your social networks and encourage all your friends to do likewise.
brianrbreen on August 19 at 11:23 a.m.
@Ron_The_Cop
I would hope that you would clear this up. Some people may get the impression that we are playing tag on here, and as you know that is not the case. I have spoken to you one time on the phone, only after you requested contact. As much as I like Tony Bamonte he is mistaken about some things, on the other hand, he is right about several. The same thing is true with you. Although at times I’m disappointed with the SR coverage of various local issues I understand some of the constraints they are under and not necessarily internally, evidenced by this article.
My position is trying to find a balance between what is right for the public and what is right for the cops. If you were to go back and talk to the retired cops from the SPD that you know, they would tell you that. I always tried to do what is right and fair despite the consequences. As an ex-SPD Officer I can’t justify what has been going on, and that’s true of some other retired guys that have posted on here.
Some of the cops on the job now I’ve known since they were in diapers, some of them I’ve coached, so when someone asks me if I’m willing to step up again, I say the same thing I did then “ The worst that could happen is they send me graveyard”.
arliacne on August 19 at 11:35 a.m.
Trust can not be restored to police, city, county nor state, until there are citizen watch committees put in place working outside the control of those agencies. These committees must have the power to subpoena all records and documentation and their ruling must be acted upon by the heads of each of those agencies. Otherwise it will always be a case of looking out for their own and absolute power corrupting absolutely.
tomnsahl on August 19 at 1:17 p.m.
AMEN arli !!! When I suggested independently run civilian oversight in the 80’s, both at the negotiation table and in vertical staff meetings – no one agreed (including mentor Brian); in spite of overwhelming evidence that public trust/transparency increased AND that the vast majority of independent citizen oversight group findings SUPPORTED police actions.
It would be nice to see more of these posts and fewer of the follow up/dominating posts by Ron, Kiv & others who are apparently the self appointed moderators of these discussions (even though I often appreciate your 1st posts)
Excellent article again SR/Shawn
Ron_the_Cop on August 19 at 1:17 p.m.
[Continued from above]
I believe your suggestion above has much merit worth pursuing that would protect due process rights while at the same time giving the public transparency so necessary in OIS/OID death investigations. I’m sorry but County Prosecutor Tucker has a duty and responsibility to the people to serve in this role. Tucker has failed miserably by accepting these police investigations at face value without question and sending them back for further investigation when warranted. Tucker could have raised the professional bar but chose not to.
The key to preventing police abuse/misconduct is that all in the organization must internalize a value system that will not tolerate and or condone the behavior of the few. This must start from the top. In my opinion this is what is lacking at SPD. This culture must be changed for all the good officers trying to do a very difficult job.
What is so unique here is this public discussion that is taking place in this new alternative media that connects us all together and where we can collectively fact check/crowd source media and other official accounts from the skill sets and knowledge/experience of all those that visit these threads. Interesting how the truth always seeks to be free no matter how others seek to conceal it.
D Statler on August 19 at 1:19 p.m.
Very good reading today. Thanks for all the great posts. This all points to the top and the need for a good house cleaning. Let’s hope everybody remembers next time they are filling out their ballots. Thanks to our men and women in blue that strive to do things the right and just way.It is never too late to change. We will be hearing more about cover-ups soon when the facts start surfacing in the Dodd shooting. :^(
Squid on August 19 at 1:21 p.m.
It would help to restore the trust if those who murder are charged with murder, and those who lie, edit, change testimony, or cover up, are charged with perjury and tampering with evidence. Any who were aware of those actions but did nothing, should be charged with aiding and abetting. All who are in any way involved should be terminated immediately. That is what happens to everyone else without a badge or political position.
Thompson was charged with “Violating Otto’s Civil Rights” and “Falsifying Reports.” Not murder, first degree assault, perjury, aiding and abetting, or the myriad of charges that anyone else would get. He is still employed at the SPD and teaches other officers. Ya gotta wonder why he didn’t get employee of the month.
No one else has been charged with anything, although, as witnessed by this story, several have committed several crimes.
Police and politicians should be examples and should be made an example by holding them to a higher standard and greater punishment for breaking the laws that they enforce. Ignorance of the law in these positions that enforce the law, should have greater consequences.
When we have no videos to watch, what keeps anyone honest? How much corruption has gone unnoticed?
To restore trust would be pretty simple. Just enforce SOMETHING….. Anything…..
To be honest, I really couldn’t care less if the police were killing gang bangers, rapists, pedophiles, murderers, or any violent criminal. Especially repeat offenders of violent crimes. That’s live by the sword justice. They seem to be focused on killing honest productive citizens with families and jobs. Elderly preachers, for freak sakes. People who are having a momentary lapse of reason, or just a bad day. Maybe I’m hypocritical in my beliefs.
Ron_the_Cop on August 19 at 1:23 p.m.
Sorry Tomnshal for being so long winded:-) As you know often an occupational hazard when faced with withering cross-exam on the witness stand when you forgot to include something in a case.
See my last paragraph above. As I’ve quipped before things “Spokane Nice” can’t be explained in 25 words or less when other venues have been shut down for these important community discussions by those complicit in the cover ups.
Ron_the_Cop on August 19 at 1:28 p.m.
Squid,
Well said and I understand your frustrations.
In my opinion it was Tucker who failed you. Why the voters continue to return him to office is beyond me. This is why these discussions are so important for the community to see where their elected officials have failed them.
The feds are doing what they can to pick up the pieces. Give them time. Federal grand juries having an amazing ability to ferret out the truth from those who are not so inclined to tell the truth:-)
Squid on August 19 at 2:03 p.m.
Ron, I should add that I really want to have confidence and trust in the police and the system. I think the public craves confidence and trust in those who protect them. My hopes are that it can be fixed and that the evil and corruption goes away.
My problem is that I know too much of what has happened in too many cases and situations. What we read about is just a small sample.
The management is not poor, it’s worse than that. It enables those who seek to violate laws and policy. No, wait…. It almost seems to reward those who violate laws and policies.
I have to have faith that there is good in our police force, and that good will prevail.
I don’t fear for myself, but have great fear and concern for loved ones. As we have seen, you don’t need to be causing trouble to get the wrath of the system crushing your life.
As far as our voters, they must not read the news or associate the news to those responsible. Ignorance of what is going on. Maybe it’s just filling in the dot next to a name they recognize. Maybe it’s the best looking candidate. Verner is a fine looking lady. Tucker and Kenezovich look all business. I’ve dated the prettiest girls in town, and it seems like the prettiest ones are the ones that cause the most trouble and make their own rules. Frugly ones are trusworthier and honesterer. Kirkpatrick seems to be the exception, of course.
Sure wish you and Brian were training our officers right from wrong. Ever think about consulting at the SPD? Pretty please, with sugar, sprinkles, chocolate, and a cherry on top???
brianrbreen on August 19 at 4:04 p.m.
Tom,
I’ve got a copy of that memo Post it please! Then we will go from there and see what happens.
Ron_the_Cop on August 19 at 4:20 p.m.
Squid,
Thx for your vote of confidence but I do believe there are many very capable within the SPD rank and file of doing so. It’s just the top police leadership needs to go as evidenced by what the feds have uncovered. They need to be replaced by those who will lead by example and who will not tolerate cover ups. In my opinion Chief Kirkpatrick is well intention but is way in over her head. Sheriff Bamonte would probably disagree with me though. Further the Police Guild would do well to recognize it has an image problem and not dig in its heels so much either.
Here’s the Catch 22. Such a capable police leadership team would also not turn a blind eye to all the white collar crime that goes on in this town where the taxpayers are continually robbed in broad daylight. Whether they had the in house expertise to handle such economic crimes, they at least would refer it out to an investigative agency that would be capable. This lackluster command staff is condoned and tolerated for this very reason that it won’t stir the pot. This is a little far a field but in my opinion is symptomatic of a much more deeply rooted problem. Of course I’m often chastised for being a conspiracy theorist:-)
Ron_the_Cop on August 19 at 4:40 p.m.
Brian,
I replied to your request for clarification. Apparently my first post @ 1:16PM has been scrubbed. I’m guessing mentioning a taboo subject as an example of SPD leadership covering up another case.
If you want to read it here’s a copy:
http://tinyurl.com/3ksohbm
Ok what memo? :-)
brianrbreen on August 19 at 5:20 p.m.
Tom,
You know what a jerk I am,(and for analogy purposes,) Back in the day there was a cop who had been off on paid leave for several years, alcoholic fellow, according to the medical records. The department and the city were trying to find a way to get out from their responsibility. This guy during a medical session decided he was going to take his medical records off the desk of the shrink he was talking to. The brass came to me and said we want you to investigate the theft of the medical records. I read the statements and looked at the law. I said “Nope” not doing that, you fix your own problems. I’ll will never forget an LT. coming to me and smiling because he knew what my response would be. He told me the brass went to the city attorney and I was required to investigate the case because of my job description, and if I didn’t there could be consequences. You know what happened.
tomnsahl on August 19 at 5:42 p.m.
Brian - I’ll break my 1 post rule for you only. You are not, never have been a jerk … we both had our time as the pea under the heavy mattress of bureacracy @ SPD. As I told you many years ago - I am glad (always) when you are on the case.
lynns on August 19 at 6:30 p.m.
@Ron
We have repeatedly explained why your posts get scrubbed (when they are long and cut-and-pasted, and not scrubbed, you may notice, when they are not), and it has nothing to do with your opinions on these topics.
Maybe you’ll be able to hypothesize better with this information.
—Lynn, S-R Web producer.
Ed Byrnes on August 19 at 6:49 p.m.
Well done and thank you Shawn. The momentum toward independent, transparent and inclusive oversight of local law enforcement is increasing. Thank you for keeping the pressure on.
To all of our respected posters with law enforcement backgrounds it is obvious that you are in support of transparency and I thank you. After all the years of extensive problems with the SPD at so many levels I encourage you to consider that a very large number of us civilians must see independence AND civilian involvement as part of a mutually acceptable solution with LLE. Please know that I am in complete agreement with you about the leadership failure in Spokane regarding police oversight and discipline. I am pleased that Mr. Bamonte filed a formal federal complaint since although the culpable line officers must be held accountable, stopping with them would be like stopping with James McCord and ignoring Mitchell, Haldeman and Erlichman during the Watergate investigation.
Us civilians cannot realistically be expected to trust the WSP, the same organization who’s officer accidentally discharged his weapon, wounding a pregnant woman. An agency that claims this sort of accident is OK.
***
Respectfully, spokanelaw, a solution that does not include civilians is not a solution for Spokane anymore.
***
Ron, respectfully, leaders are supposed to lead and set the tone rather than succumb to the culture. Jim Nicks must be held fully accountable and prosecuted to the full extent of the law, as do the other officers and city employees involved in this homicide (the medical examiner’s determined cause of death) and subsequent cover up. No excuses for anyone.
I agree that the overwhelming majority of SPD officers are solid ones, which makes it essential to fully prosecute everyone culpable in this case, demonstrating a top down and bottom up commitment to a clean house to both officers and civilians.
It would be an accurate portrayal of our current civic situation if Verner and Hession were campaigning while under investigation and subsequent indictment. Although painful for our community now most likely beneficial in the long run.
I respectfully assert that what us civilians deserve and demand is transparent accountability from our elected leaders and the SPD from top to bottom with independent civilian involvement, no exceptions anymore.
***
Brian, I would unequivocally support a public coroner’s inquest of OIDs provided an independent member of the judiciary and a 6 person civilian jury was part of the structure. At this juncture any solution that does not have civilian involvement is something that I believe is not sufficient for the scope of the problem.
As for the PERC or Civil Service Commission publicly hearing officer discipline disputes that is a move toward transparency that we all should support, and it coincides with the spirit of the WA Supreme Court ruling about providing de-identified investigation reports concerning officer misconduct.
You and I are in agreement that we can and must find a solution that is mutually credible with both civilians and law enforcement, and I look forward to working together toward this end. We will not always agree about details along the way though we are clearly on the same side.
Your neighbor in Spokane,
Ed Byrnes
ChefGus/ John Olsen on August 19 at 6:58 p.m.
Scenario… :
Zehm civil trial comes to an end…
Mayor Verner is reelected in a landslide..
Mayor Verner either resigns or is recalled…
Mr Hession again becomes our mayor…
or Perhaps Mr Stuckart….
John
Ed Byrnes on August 19 at 7:07 p.m.
So to distill my lengthy post into a few statements:
An improved oversight system must be credible with law enforcement and civilians.
Oversight must be independent of law enforcement leadership and must include direct and active civilian participation to be credible with civilians.
Through recognizing our mutual interests, responsibilities and rights we can work together to achieve credible, transparent, accountable and inclusive law enforcement oversight.
Ed Byrnes
Kivaari on August 19 at 7:59 p.m.
Excellent article and commentary. Since I only checked in on Spokane area law enforcement a year ago, I have learned a great deal. There is a problem. Only the citizens of spokane can fix it.
Vote and demand better.
Ron_the_Cop on August 19 at 8:24 p.m.
Ms. Lynn,
I respectfully disagree. However it’s your turf and your rules. I will proffer that others too are in violation of your interpretation of the rules. Your application of the rules is not consistent.
This is a very important community discussion that needs to take place. Whether your realize it or not you are providing a forum for this debate (to your credit). These walls are the new town square.
Anyway in order to comply. I will limit the length of my posts. If I get long winded I will excerpt and post on my server with a link.
Kivaari,
You may very well be correct that the system is incapable of fixing itself and will take action by the people.
Ed,
I think you and Brian are on the right track. It’s unfortunate our elected representatives for one reason or another are incapable of doing this or recognizing that there is a problem.
Ron
Ed Byrnes on August 19 at 8:25 p.m.
Thank you for your observation Kivaari.
EVERYONE, DEMAND BETTER BY BEING AT THE SPOKANE CITY COUNCIL MEETING THIS MONDAY, AUGUST 22ND, IN THE COUNCIL CHAMBERS OF SPOKANE CITY HALL. THE MEETING BEGINS AT 6 PM BUT SHOWING UP EARLY CAN HELP ASSURE YOU CAN SIGN UP TO SPEAK AND GAIN ADMISSION INTO THE CHAMBERS.
We can start by demanding that the City Council stand firm with their unanimous 2010 vote strengthening the Ombudsman and making investigation results transparent. The City of Seattle won a very similar case on appeal so voice your demand that our council stand up to the Guild by standing up for us citizens by voting to appeal the July 23, 2011 arbitrators decision muzzling our Ombudsman.
We have had ample opportunity to read about what happens when the status quo is in place, it is time to clearly say “No more!”
Ed Byrnes
ChefGus/ John Olsen on August 19 at 8:42 p.m.
I’ll not be able to attend because I am in the Glacier Peaks Wilderness at Holden Village for two more weeks… but the Long hand of the Internet does reach city council chambers, so any that are not able to attend can “storm the bastille” with the internet email letters…. the email addresses of all council members are simple:
first initial wholename@ spokanecity.org ie
jshogan@spokanecity.org;mverner@spokanecity.org;jsnyder@spokanecity.org;awaldref@spokanecity.org;bapple@spokanecity.org;scorker@spokanecity.org;rrush@spokanecity.org;ncmclaughlin@spokanecity.org;toburns@spokanecity.org
so feel free to cut and paste the list above into your email and write a pithy note…. get your friends to do the same… it is time to bring this all to a head and deal with it in public…. John Olsen chefgusolsen@gmail.com
misjustice on August 19 at 9:01 p.m.
Ms. Lynn; Ron is correct, your turf = your rules. But I respectfully disagree with your recent scrubbing of his posts. He has not violated the forum standards or the community guidelines, at least from my reading and interpretation of them.
His posts are well written, on point, respectful and he makes a cogent argument. No ad hominens or name calling; unlike many folks whose posts stand - day after day after day after day, are prolific (and at times horrific), borderline spam (same junk day after day after day after day after day…) and yet remain on the threads even after being flagged. And are permitted to return to the threads even after repeated (5 day)BANNINGS…your treatment of RontheCop seems arbitrary and capricious to me…
Just sayin’…
Elkay on August 19 at 9:14 p.m.
After reading this informative blog, I think the only way to truth and justice is an informed and educated voting public. As an Independent, I like to hear both sides prior to making a decision.
We have elections coming up very soon and my comments follow:
Tucker should have been bounced (hopefully next time?).
I hope to see Verner ousted (Treppiedi as “city employee of the month in December 2010”? … yeah, right, Mayor — another good decision).
Our Lie or Die Chief of Police leading SPD? Where is she in all of this? Really.
Hession is not worthy either, in my prior business dealings with him.
Manning up to any of these positions takes true fortitude that I just don’t and haven’t seen. And look at this blog … and what we have leading us. I humbly suggest talking WITH (not at) neighbors, friends, co-workers before this important election. Sadly, not everyone reads these blogs.
ChefGus/ John Olsen on August 19 at 9:15 p.m.
Lynn… for what it is worth.. as a LONG time contributor to these blogs on a wide variety of topics I am familiar with, and can offer information or guidance… i concur with MisJ…. there are a few of the “regulars” who are a real pain in the butt… and are nasty most of the time…. to the point that i choose not to post on most of the topics they are currently “screaming” about. Hawken in particular is a person with little in the way of personal boundaries, and labels us all that have differing opinions from his cut and paste repetitive and inaccurate or misleading posts to unreliable sources.
Ron the Cop is known to me personally, and we are on somewhat different ends of the spectrum… but he is spot on with most of his writing… it is usually on topic and is respectful and engaging. He is a real character in person… fun to chat with etc…. and not in any way a mean person… I’ve even taught some classes at his behest where he teaches law enforcement with regards homelessness and street life.
You would be doing a major service by monitoring Hawken a bit more closely…. over 5000 posts in less than a year..good grief……. shouting the same points over and over does not move the dialog forward in any way.
As a side note i am very happy that you are employed again at the Review… it was a great loss when you were ‘triaged’ a couple of years ago…. glad they recognized your talents and gifts… best regards john
arroyoribera on August 19 at 9:44 p.m.
One name not mentioned in this entire piece and the commentaries following it is the name of Officer Dan Torok. Dan Torok is one of those who did put excessive downward pressure on Otto Zehm. Dan Torok did a year later come out of a side street and provide very questionable information about the circumstances under which he shot Jerome Alford to death. Torok also was exposed, as was Internal Affairs Officer Jim Faddis, commenting repeatedly and extensively and anonymously on the S-R’s Hard 7 blog in defense of the Spokane Police and their indefensible actions, specifically in the death of Otto Zehm. Torok later was assigned to act as a police spokesperson, for example, in the outrageous case of the interviewing of two junior high girls by SPD officers without the notification or presence of their parents. To my knowledge, Torok is still on the force. Until the likes of Torok are removed from the force, the taint and stench of misconduct and excessive lethal force will remain on the SPD. http://spokanepoliceabuses.wordpress.com/category/torok/
ChefGus/ John Olsen on August 19 at 10:04 p.m.
Thanks David, and David….:)) City Council Chambers on Monday night will tell the tale….J
Squid on August 19 at 10:09 p.m.
Kivaari? Are you OK? What did you take? How many fingers am I holding up? Stay with me, bud. STAY WITH ME! You’re gonna be OK. Stay with me!
arroyoribera on August 19 at 10:19 p.m.
Bottom line is this: Assistant Chief Nicks did not come clean for too many years, allowing the community to grieve and fume and protest and rally and denounce, correctly as it all turns out, about the corruption and dishonor of the Spokane Police Department. Assistant Chief Nicks slept well or slept poorly for too many nights — nearly 2000 nights to be exact — on the lies and coverup and atrocity which is and has been the murder of Otto Zehm by Spokane Police officers. Assistant Chief Nicks has engaged - as had the current Chief and any number of other cops assigned PR duties at the S-R - in extensive propaganda and glad-handing and baby-kissing in the community, showing up with his pretty face anywhere and everywhere and at all times to represent the alleged values of honesty and truth and honor of the law enforcement profession, again, during nearly 2000 days. Presumably Assistant Chief Nicks has felt the breath of the FBI down his sweating neck and finally decided that he needed to find a bit of wiggle room around the edges of the thin blue line so as to avoid much more serious consequences. Perhaps he is haunted by both spirit of Otto Zehm which the community will not let die and by his own knowledge that every time he is in public people are thinking, “Nicks covered for the killers of Otto”. That will be his legacy.
And I will ask again (as I did in comments such as those after the Inlander article Between Rocky and a Hard Spot): Should we have the likes of Rocky Treppiedi on our school board? What of value can he bring to the school board (except the same low-life, unethical intimidation and scheming that he has engaged in at the city) and the school district? In fact, the Inlander article might better be titled, Between Rocky and a Wet, Slimy Place, which in fact the article seems to imply anyways. http://www.inlander.com/spokane/article-15415-between-rocky-and-a-hard-place.html
Also getting off almost entirely is former assistant chief Al Odenthal whose fingerprints were all over the mismanagement Firehouse Sex Scandal and the Otto Zehm debacle, not to mention his suspension for intervening to prevent the arrest of his daughter on August 11, 2000, not to mention his involvement in the sweetheart deal involving the purchase of a warehouse from former Spokane Police Captain Chuck Crabtree.
http://home.pacbell.net/rsdotson/gov/govkills.htm
http://whitecaps.blogspot.com/2005/03/pssst-hey-alwanna-buy-warehouse.html#comments
arroyoribera on August 19 at 10:22 p.m.
Sorry, John (Chef Gus), et al. Both of my posts above should be signed David Brookbank. Will miss you, John, at City Council Monday but your sentiments and heart
will be well represented.
ChefGus/ John Olsen on August 20 at 7:26 a.m.
Lynn… the Fromma Harrop Column today is germane with regards my comment above about Hawken…. Ron The Cop does not embody this sort of behaviour in any way i can discern …
From Fromma:
My definition of incivility is nonfactual and uninformed opinions hidden in anonymity or false identities, and Internet forums overflow with them. When the comments gush in from orchestrated campaigns, other thoughtful views get lost in the flood. That can create two desired outcomes for the organizers. One, the writer gets cowed into thinking he or she has done something awful and holds back next time. Two, commenters outside the group see what’s up and don’t bother participating.
So by tolerating people like Hawken, other people with a more quiet voice in the back of the room will reserve comments and interaction on your blogs…. give it some thought? John
PS One simple solution is to have all “Screen Names” attached to a visible and public real name, just like you do for the letters to the editor. Other blogs do require this and are much much more interesting and illuminating. :))
Ron_the_Cop on August 20 at 7:20 p.m.
FYI - former Sheriff Tony Bamonte has a LTE running in today’s S-R. Here’s and excerpt:
http://www.spokesman.com/stories/2011/aug/20/city-caught-in-cover-up/
greenlibertarian on August 20 at 11:18 p.m.
Informative postings, appreciated.
Rocky’s been malware in the system for decades.
As more than a few criminal defense attorneys have told me, the culture of corruption is deep in LE and the courts.
I think there are good cops who are aware of the corruption, but consider it a part of the job even if they won’t necessary play along unless forced to, the camaraderie of their “brotherhood” allows them to look the other way. Going against fellow officers is often futile and results in estrangement that they can’t afford to weather, especially considering any possible life or death situations, i.e., backup.
I’ve met Ron IRW and while I disagree with him on many topics, I think he is a straight shooter as far as police policy and reasonable oversight of such is concerned.
Ron_the_Cop on August 21 at 5:47 a.m.
Geen,
Very insightful comments.
Ed Byrnes on August 21 at 5:17 p.m.
I concur with the idea that every one of us posters should have our true identity transparently linked to our monikers. I have always been open about who I am as well as my professional background and current activities, and when I asked Hawken to simply verify his alleged credentials he responded with hostility. It is not too much to require that individual posters stand by their statements through having their identities known.
Although I pretty much ignore Hawken I do tend to leave forums in which he is dominating with his cut and paste diatribes.
Ed Byrnes