Spokane7
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August 21, 2011 in City
Revised Nicks statement drops chief’s opinion
The sworn and signed declaration of Assistant Chief Jim Nicks that details his concerns about the police confrontation with Otto Zehm has been revised to leave out a detail about Spokane police Chief Anne Kirkpatrick.
The original Nicks statement ends with this:
“I have not reached this assessment lightly and in fact have peer reviewed my analysis, assessment and conclusions with Chief Anne Kirkpatrick. She concurs with the assessment that unnecessary and unreasonable force was deployed by the responding officer against Mr. Zehm.”
The revised affidavit is one sentence shorter:
“I have not reached this assessment lightly and in fact have peer reviewed my analysis, assessment and conclusions with Chief Anne Kirkpatrick.”
Kirkpatrick declined to be interviewed about the change. City spokeswoman Marlene Feist released the following statement:
“Assistant Chief Nicks did share his analysis with Chief Kirkpatrick but Chief Kirkpatrick is not an expert in this case and she will not weigh in on Assistant Chief Nicks’ conclusions. She will wait to hear all facts in a court of law.”
Jonathan Brunt
1992 murder trial begins against sex offender 
wheels on August 21 at 5:35 a.m.
Nice spin job Kirkpatrick.I hope Otto gets better.All of you shoud be ashamed.
idahocity on August 21 at 6:11 a.m.
the absence of shame, empathy, guilt… indicates a disorder that most of our politicians and “officials” seem to have nowadays.
misjustice on August 21 at 8:33 a.m.
Annie needs to be shuffled off to some other town. Problem is, despite her repeated attempts to secure employment elsewhere, no other city wants her. And so, it would appear, we are stuck with her.
When she first took over as chief, I had high hopes for her abilities as a leader. Now, I would describe her time as chief as a bitter disappointment. She’s clearly not a leader. She’s a failure.
brianrbreen on August 21 at 8:45 a.m.
This is interesting. “Chief Kirkpatrick is not an expert in this case and will not weigh in on Assistant Chief Nicks’ conclusions. She will wait to hear all of the facts in a court of law.” So as far as Karl Thompson is concerned despite all of the evidence that is now available she won’t weigh in until after the trial. On the other hand she is willing to discipline or terminate other officers prior to their cases going to trial. I’m not sure that makes since nor does it appear fair.
Beyond Chief Nicks’ testimony I wonder if she would be willing to weigh in on the testimony of Detective Ferguson who according to documents will now testify that there were glaring missteps and omissions in the SPD’s investigation. To say nothing of the fact that Detective Ferguson at the direction of Chief Odenthal spliced off two of the camera angles from the Zip Trip security video. Or perhaps the testimony of Officer Rob Boothe an SPD defense tactics expert who apparently will testify that when he was originally asked to provide an analysis of Thompson’s tactics he was not given the entire video or all of the information, and Boothe after receiving all of the evidence will apparently testify at trial consistent with the statement he gave the feds that Karl Thompson’s use of force was NOT objectively reasonable and Thompson’s recorded statement to Detective Ferguson was NOT consistent with the Zip Trip video. Then there is Officer Uberuaga an SPD defense tactics instructor who apparently will testify consistent with Nicks and Boothe that Thompson’s actions were objectively unreasonable. How about the SPD’s tazer instructor Scott Lesser.
Look Chief I’m no press release expert, by any means, but wouldn’t it have been smarter since back in October 2008 you had conversations with representatives from the DOJ regarding the Grand Jury testimony of your people and you volunteered to issue a “Gag Order” in the interest of maintaining the confidentiality and integrity of the DOJ’s on-going investigation into any federal crimes that may have been committed by SPD personnel in detaining Otto Zehm, and forcibly holding him in restraints and or in connection with obstructing and or misleading the SPD’s and or the DOJ’s investigation to just issue a statement that because of your “Gag Order” you can’t comment. I would think that would have been a better response then a press release that opens up a litany of questions.
The_Seer on August 21 at 9:27 a.m.
Kirkpatrick claims she is “not an expert in this case.”
It’s been five years, Annie. What are you waiting for?
Stop by some afternoon, I’ll bring you up to speed.
ChefGus/ John Olsen on August 21 at 9:50 a.m.
The Chief of Police should be fired. “You Lie You Die”… HAH John
DickAdams on August 21 at 9:55 a.m.
The story talks about a gag order. I`d like to gag at the way the officials in City hall handled the OTTO case from the outset. Seems to me at least a few of heads should roll. MisJ, I too had high hopes for Chief Kirkpatrick when she first took over as Chief and sent an email to that affect. I totally agree with your assessment “she is a disappointment”. As your post states, “She’s clearly not a leader. She’s a failure.” MisJ, your post says it all. Thank you for that.
brianrbreen on August 21 at 10:10 a.m.
@misjustice
Keep in mind that Anne Kirkpatrick was Dennis Hession’s hire, and there is a story behind that.
DickAdams on August 21 at 10:28 a.m.
I also vividly remember how Verner raved and agreed with Dennis Hession`s hire. Obviously, Verner was well satisfied with Kirkpatrick because she kept her on as Chief.
misjustice on August 21 at 11:01 a.m.
@ Brian
Do tell? What’s the story, morning glory?
; )
brianrbreen on August 21 at 11:08 a.m.
@misjustice
Some day, but not today.
misjustice on August 21 at 11:23 a.m.
Any of this at play?
http://larryshook.com/2010/05/12/america%E2%80%99s-most-dangerous-cop/
brianrbreen on August 21 at 11:30 a.m.
No, but it is nice to see a photo of Tony with his motor upright.
DickAdams on August 21 at 12:19 p.m.
Former sheriff Tony Bamonte`s letter to the editor in yesterdays Spokesman, IMO, deserved to be printed on the front page of the SR above the fold. I salute Tony Bamonte in his efforts to expose the corruption in our city and county. When will the corruptions end? You don`t have to be Sherlock Holmes to recognize the crimes.
GaryP on August 21 at 12:23 p.m.
Now you can understand why the police guild gave a vote of no confidence against the chief’s office(Kirkpatrick and Nicks). All they do is lie and cover themselves. They don’t hold themselves to the same standards as everyone else. They fire Jeff Harvey for arguing with a game agent off duty but say Karl Thompson(only officer to get indicted in the history of the Spokane Police Dept.) did nothing wrong and he keeps his job? Now 5 years later they feel there are problems with how the Zehm incident was handled. Brian Breen is right about Kirkpatrick judging everyone else before all the facts come out. Jay Mehring will get a lot of money from the city because Kirkpatrick treated him unfairly, not waiting to hear all the facts. You don’t think Jeff Harvey is going to get a ton of money!? Again because Kirkpatrick went on emotion and because of her personal dislike for him( He constantly challenged her on being a liar) she fired him. Kirkpatrick and Nicks both need to be fired immediately!
Dazzeetrader11 on August 21 at 12:33 p.m.
Well the noose seems to tighten. They will turn on each other before long. Crooks always do when they aren’t in the same room.
Nicks isn’t too bright. Verner’s manipulative and Kirpatrick never gets it right.
The victim is being left out in all these stories. 3 liars and an innocent dead man. Very and her lawyers. I quite agree this is becoming too sterile and filled with lawyer’s( not good lawyers either) tricks. Whatta crock when Hession is somehow blamed for Kirk’s actions. Just garbage. Verner not only applauded the hire…..worse!…she kept Kirk on. Not only kept her on, Verner kept her on when she knew what Kirk was up to!
All of these people should resign. Verner won’t as she needs to keep an eye on the evidence and taint the ideas of any possible jury. She should be separated forthwith….certainly pending the outcome of the criminal case. The Zehm family would be terribly underserved by settling until the cirminal case is settled.
Unfit for duty…Verner, Kirk and Nicks (who still keeps shifting his story). I mean seriously…why are these three still working in such a delicate period?? Foxes watching the henhouse to look after their own skin. Hasn’t it occurred to anyone yet? The Feds need to assert themselves right away.
Dazzeetrader11 on August 21 at 12:35 p.m.
All this leads to Verner. I hope you all know that.
Dick do you have the link to Bamonte’s letter?u
GaryP on August 21 at 12:55 p.m.
You should read the April 28,2010 article”Spokane Police Guild distorted vote of Chief” which implies the Anne Kirkpatrick is really loved by the department and that the vote if no confidence was simply created by a few malcontents like Vice President Jeff Harvey. Kirkpatrick said the the reasons Nicks received a vote of no confidence was because he was going to testify against Karl Thompson. Did you all not just read that several officers(defensive tactics instructors) are testifying that the amount of force Karl Thompson used appears to be unreasonable!? What that means is Kirkpatrick and Nicks weren’t givin a vote of no confidence for that but in fact because Kirkpatrick and Nicks lie and don’t follow their own policies, which Guild Vice President Jeff Harvey stated in that article. She now says she can’t comment on the Zehm case because it hasn’t gone to trial and all the facts haven’t come out. Oh really?! Yet she was able to fire Guild Vice President Jeff Harvey for arguing with a game agent off duty before that misdemeanor allegation went to court! She is a liar and always has been. Nicks is the same. They both need to go..
misjustice on August 21 at 1:06 p.m.
Dazzee, I think this is it:
http://www.spokesman.com/stories/2011/aug/20/city-caught-in-cover-up/
Dazzeetrader11 on August 21 at 1:09 p.m.
Feds need to protect the evidence and the data involved.
Without that, this case can be shaped aby way Verner, Nicks and Kirk want. I don’t know of any city where these three would be allowed free reign over this case. Even the appearance of some impropiety in this will cause a major shadow over the truth.
Nicks has a problem with the truth. Kirk does too. Verner’s in the background protecting herself. Nothing like I’ve seen before. All the uncertainly generated by this structure will allow
difficulty in judging the case. You don’t suppose Verner knows that do you? She’s a lawyer and those police have seen this movie before. Confusion will reign….maybe be design?
brianrbreen on August 21 at 1:11 p.m.
@GaryP
The Police Guild didn’t do themselves any favors in the way they handled the no confidence vote, and they have shot themselves in the foot many times lately. I would suspect now that more things come out some members of the Lieutenants and Captains Association are having second thoughts about the vote of confidence they gave her.
It is difficult for the public to understand why the guild takes such a protective posture, and the public has a tendency to lump all cops together. Perhaps now the public is beginning to realize that in order for there to be integrity within the department, that integrity must start at the top. The way the city has handled the Zehm case in an effort to cover things up and protect a few, including the brass, has put some officers besides Thompson in jeopardy that perhaps shouldn’t be.
In my view there are a number of discipline cases the Chief has mishandled, that may well cost me money, not that I don’t agree in some cases the officers should have been disciplined but the way it was handled didn’t take into account all of the factors that should have been considered.
My hope is that there will be a time when the Guild and the L and C Assn. will work toward credible oversight of the entire system including those that lead it. Accountability is important for gaining respect and today there just isn’t any of either.
Slightlyworried on August 21 at 1:28 p.m.
Hopefully the Zehm lawsuit can be modified or updated to include claims against Verner, Nicks, and Steve “The Cops Never Make Mistakes” Tucker. What a circus.
Ron_the_Cop on August 21 at 1:31 p.m.
Brean @ 1:11PM and others,
Very well said having been a POA president, I concur with what Brean said about the Guild. I’ve said all along some of their grievances against Chief Kirkpatrick have merit. As you suggest Chief Kirkpatrick did fire officers that probably had no business being police officers but she did not follow the long established rules for doing so. Chief Kirkpatrick while well intentioned was way in over her head in dealing with things Spokane within SPD and our unique political climate.
Brean and others should be monitoring Brunt’s main article thread too. I will be posting my recommendations for action that WE THE CITIZENS of Spokane should demand of the City Council tomorrow night.
http://www.spokesman.com/stories/2011/aug/21/council-late-to-get-zehm-news/
brianrbreen on August 21 at 1:49 p.m.
@Ron_The_Cop
When I was in elementary school we had to take our report cards home in a sealed envelope. In fifth grade I took may report card home in an envelope where the teacher had written in large letters on the outside BRAIN BREEN, I figured it was going to be the best report card I ever got…well it wasn’t. My point is I’m used to people spelling my first name wrong but this is the first time it has been “Brean”.
Spokane_Citizen on August 21 at 1:52 p.m.
None of you have the slightest idea of the potential ramifications of city officials violating a federal judge’s ‘gag’ order. This case will be properly settled in the respective courtrooms, in deliberative reflection, regardless of a few marginally informed citizens showing up with torches and pitchforks at a city council meeting, demanding ill-considered and presumptive retaliatory ‘action’.
Thankfully, we have a judicial system…this forum’s ignorant and inflammatory rhetoric is the kind of thing that once fueled lynch mobs and witch trials.
brianrbreen on August 21 at 1:59 p.m.
@Spokane_Citizen
I do! But the gag order here was a gag order Chief Kirkpatrick imposed on her department not by a federal judge. You might also note that Rocco Treppiedi said he didn’t have to adhere to the gag order because he wasn’t a member of the police department.
Spokane_Citizen on August 21 at 2:10 p.m.
Like a pebble in a lake, a federal gag order generates ripples. Attorneys charged with arguing a case will often push the limits of an order, but the ordinary and best practice of others associated (even peripherally) with the case is to respect the judge’s order by keeping their thoughts and opinions to themselves.
Of course, the average citizen can flap their jowls about it all they want, since their actual knowledge, influence, and legal standing in the case are virtually nil.
brianrbreen on August 21 at 2:27 p.m.
@Spokane_Citizen
Perhaps you could point me directly to a federal “gag order” in the Zehm criminal case. You might want to study the link below it is where a lot of the ripples have been generated.
http://media.spokesman.com/documents/2010/04/20100414zehm.pdf
I think you will see in the document Rocky Treppiedi’s assertion that he didn’t have to adhere to Chief Kirkpatrick’s gag order because he wasn’t in the police department. I guess that calls to question whether or not Mayor Verner would have to adhere to the gag order since she isn’t in the police department.
Slightlyworried on August 21 at 2:43 p.m.
I wonder how sales of those blue “505” braclets are going now?
Ron_the_Cop on August 21 at 3:42 p.m.
@Brian,
Sorry too much floating around in my head right now. You might check out my post to you in the timeline thread:-)
Ron_the_Cop on August 21 at 3:43 p.m.
Brian,
Brilliant minds think alike. BTW I forgot to mention the email thing. Consider the Federal Wire Tap and Electronic Communication Act re our discussion the other day. Hence my drawing of the line in the sand to Garve Brackel to do the right thing:-)
brianrbreen on August 21 at 4:00 p.m.
@Ron_The_Cop
All the feds need to obtain the emails is a well timed subpoena. I don’t know that has happened just guessing it may have. Internal communication today is a lot different then it used to be and it is amazing how people just don’t realize that there is always a record of what they say and when they say it.
GaryP on August 21 at 4:09 p.m.
BrianBreen-a lot of good officers have been excessively disciplined without due process by Kirkpatrick to try and make up for how the Zehm incident was mishandled. The only officer ever to get indicted is supported by the top brass and city, as well as still employed. You then have a lot of officers that did things that warranted some discipline and were fired. Kirkpatrick was running from a no confidence vote in Federal Way when she left. 99% of the department loved Kirkpatrick when she came as everyone wanted change. Now 99% can’t stand her because she is a self serving liar that is bought and paid for by the Cowles family. The only reason the no confidence vote on her was divided was because many officers thought that a no confidence vote would make it harder to get rid of her because no other agency would want her. That prooved to be true. She twisted that into “everybody loves me”. It’s sad because there are so many good people on the SPD.
Slightlyworried on August 21 at 4:28 p.m.
On one hand, it is unfair to paint the entire SPD with the same broad brush. But, my gut tells me this is not the first time that Karl Thompson violated procedures or blantantly lied under oath in a written report. My gut also tells me that there were witnesses in blue uniforms to those prior violations and perjury. If those police officers had come forward back then and reported Karl Thompson, Otto Zehm would be alive today. And the rest of department would not be under a cloud of suspicion.
Regardless of how this turns out, Verner, Nicks, Kirkpatrick and Steve “The Cops Never Make Mistakes” Tucker have to go. We deserve it.
brianrbreen on August 21 at 4:34 p.m.
@GaryP
Amazing as it may seem there are still a lot of folks at the PD that talk to me.
Wizard_Of_Oz on August 21 at 4:36 p.m.
I wonder if Shonto Pete’s civil rights were violated, buy a drunken, lying, gun wielding gay cop?
Ron_the_Cop on August 21 at 4:55 p.m.
Gary P,
Trust me I do understand having been a two-term POA president. In my 35 career we had seven chiefs not counting the interims.
I listened very carefully to your guild president and vice president who was subsequently fired by the Chief. I also listened to the Chief too when they appeared on separate days on the Mke Fitzsimmons radio show.
The Police Guild has done its membership no favors. I understand the rank and file were upset at Chief Kirkpatrick’s not following the rules and was inconsistent in her discipline. I have my suspicions at to why but I won’t go into them here.
Please read my comment in the other thread in Brunt’s main article:
http://www.spokesman.com/stories/2011/aug/21/council-late-to-get-zehm-news/?comments#c334631
The SPD police command staff have done a great disservice to the rank and file of the many fine men and women who are doing the best that they can in a very difficult environment day in and day out.
Your message is being lost as the powers that be are doing everything possible to squelch your message and to label you as whiners and complainers because they don’t want to expose their involvement in the insidious and endemic corruption in this City that is led by them for their own personal benefit.
For the good of the community we all need to come together. We are the police and the police are us. You need the support of the citizens to resolve your problems with police and city leadership.
DickAdams on August 21 at 5:40 p.m.
Dazetrader: You can view “City caught in cover-up” using the following link, re Tony Bamonte`s LTE.
http://www.spokesman.com/stories/2011/aug/20/city-caught-in-cover-up/
greenlibertarian on August 21 at 8:00 p.m.
As I said elsewhere, numerous criminal defense attorneys have told me privately that corruption is rampant in LE and the prosecutors’ offices.
Trepeddi has been mal-ware in the system for decades.
I believe the vast majority of cops are NOT corrupt, but they do little about the corruption they see going on around them partially because of the fraternity-like camaraderie with their brothers and sisters in blue, and a genuine fear of going against any fellow officer as a danger to their well being, for example, backup in a life and death situation.
If the Cowles gang are pulling strings in a heavy way, forget about it, you’ll NEVER be able to pin anything on them of a substantial nature. As I’ve told Ron, you’re tilting at windmills that have tentacles wide and deep, and a superstructure that is near invincible.
Again I ask, how long before the taxpayers are shelling out what would be 20% of the police dept.’s budget paying out settlements because of poor police leadership covering up the justified tort and other claims by victims of poor policing?
The job of the police is one of incredible importance, and carries with it incredible responsibility and accountability because of the power wielded over the citizenship, such power can manifest as incarceration or even death upon a suspected perp. Most cops realize this and act accordingly and professionally in a often difficult job. The ones that don’t, especially repeatedly, need to be drummed out toot suite, and will need to find a new line of work, no sealing of their records of being poor police officers allowing them to relocate down the road somewhere and work as a police officer.
Ron_the_Cop on August 21 at 8:40 p.m.
LOL Green,
Well said. But I do hear creaks in the windmill superstructure:-)
The Zehm cover up will eventually tank Verner and hopefully the City Attorney’s Office, Chief Kirkpatrick, Asst. Chief Nicks, Co Prosecutor Steve Tucker and others complicit in this obstruction of justice
Bring on the feds to drive this football across the goal line.
In the meantime we can hope the windmill falls over. The groans of the impending structural failure are intensifying by the hour:-) Did you hear that the repressive regime of Libya fell today and the sorry adam henry Gaddhafi fled the country?
arroyoribera on August 21 at 11:55 p.m.
So what does Chief Anne Kirkpatrick keep herself busy doing these days? Can anyone tell us anything more about Chief Kirkpatrick’s role as this state’s top intelligence official as executive director of this state’s highly controversial Fusion Center, part of this country’s growing police state apparatus and already involved in a significant domestic spying incident?
http://www.spokanepolice.org/documents/Kirkpatrick1.pdf
http://www.democracynow.org/2009/7/28/broadcast_exclusive_declassified_docs_reveal_military
http://www.operationdefuse.com/2010/05/19/washington-state-fusion-center-tour/
http://www.ufppc.org/local-news-mainmenu-34/8932-news-a-commentary-dhs-says-wa-state-fusion-center-did-not-know-of-towerys-report.html
As to the need for Anne to hurry up and find a new job, here are a few thoughts from last summer.
http://spokanepoliceabuses.wordpress.com/2010/07/04/just-exactly-who-is-anne-kirkpatrick-annie-got-her-gun-now-tries-to-get-out-of-town/
arroyoribera on August 21 at 11:56 p.m.
Sorry, failed to sign that last post. David Brookbank