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August 28, 2011 in City
Feds sought meetings with city leaders on Zehm case in 2009
U.S. Department of Justice officials two years ago had significant enough “ethical concerns” with the city of Spokane’s legal department that they asked to meet with Mayor Mary Verner, police Chief Anne Kirkpatrick and City Council President Joe Shogan.
But none of the three ever responded, and it’s unclear whether City Attorney Howard Delaney even informed them of the request that an assistant U.S. attorney labeled “urgent.”
Shogan said last week that city attorneys never told him that federal officials wanted to meet.
When shown emails on file in federal court from the U.S. attorney’s office asking Delaney to set up a meeting, Verner said last week: “I have not read this before, and that’s the extent of what I’m going to say about it.”
In June 2009, when the U.S. attorney’s office requested the meeting, federal officials were investigating the death of 36-year-old Spokane resident Otto Zehm and were about to announce the indictment of Officer Karl F. Thompson Jr. on charges of using excessive force and lying to investigators. At the same time, city attorneys were defending officers and the city in a lawsuit filed on behalf of Zehm’s family.
Zehm, an unarmed janitor who had schizophrenia, was confronted by police in a north Spokane Zip Trip in March 2006 after he was wrongly accused of stealing money. He died two days after he was beaten, hogtied and shocked with a Taser. Thompson was the first arriving officer.
Delaney on Monday declined to comment on his office’s handling of the case.
City spokeswoman Marlene Feist said city attorneys appropriately briefed elected leaders.
“You’re asking us to re-create a briefing that occurred 24 months ago and was one of many, many briefings of officials in this matter,” Feist said in an email when asked if attorneys told Verner of the request. “What we can say is that our officials understood the issues that were being discussed at the time.”
Feist added that “it is highly unusual for an attorney to meet with another attorney’s clients.”
Kim Pearson, an assistant law professor at Gonzaga University who teaches professional responsibility, said it’s not unusual for attorneys to set up meetings with clients of other attorneys as long as attorneys from both sides are present.
She added that good practice would have been to inform the mayor, but failing to do so by itself may not constitute a violation of professional rules.
“Ultimately, it’s the city attorney’s role to make a judgment call,” Pearson said.
Attorneys had clashed for months
Federal officials believed city attorneys were interfering with the criminal investigation into Zehm’s death under the guise of defending the city in the civil suit, according to court records from 2009.
“We also expressed concerns that your assistant city civil counsel had placed his interests in the ‘civil liability’ case above the completion of the FBI’s and the DOJ’s search for the truth in its criminal investigation,” Assistant U.S. Attorney Timothy Durkin wrote in an email to Delaney requesting the meeting. Durkin’s letter was largely focused on work by Rocky Treppiedi, a longtime assistant city attorney who also serves on the Spokane School Board.
City attorneys call the concerns “baseless” and accuse U.S. attorneys of having an “overreaching desire to not only manage the prosecution” of the criminal case against Thompson “but the entire civil case and each of the civil litigants herein,” according to a court document the city filed in September 2009.
In the months leading up to the meeting request, federal officials had clashed with city attorneys in part out of their concern that Treppiedi was conducting a “shadow investigation” into the confidential federal grand jury that was examining the case, court records say.
U.S. attorneys noted in court filings in 2010 that Officer Jason Uberuaga, who made a formal statement in the criminal investigation, asked to amend his statement after meeting with Treppiedi. His original statement said that Thompson used force in excess of Police Department policy. After meeting with Treppiedi, Uberuaga said that Thompson may not have used excessive force based on Thompson’s “subjective” beliefs, court documents say. Uberuaga, however, did not change his position that based on video evidence, Thompson inaccurately described Zehm as threatening.
Treppiedi and Delaney denied that they were interfering with the criminal investigation and argued that they had a right to interview their clients – police officials and the city – to fight the civil claim made by the Zehm estate. Later in 2009, they accused U.S. attorneys of “attempting to improperly question witnesses about attorney-client privileged communications.” Federal officials denied the allegation in a later court filing.
Citing the city legal department’s “seeming lack of recent cooperation, interference and open refusal to comply with the DOJ’s confidentiality request,” Durkin asked Delaney to set up a meeting so federal officials could “promptly meet with your clients so that these and other pressing issues can be reviewed, addressed and resolved.”
Durkin declined to comment on the case last week.
In September 2009, U.S. attorneys filed the email correspondence between Delaney, Treppiedi and Durkin from June to support their argument that the civil trial should be delayed until Thompson’s criminal trial is completed. A judge agreed to put the civil suit on hiatus in October 2009.
City Council OKs new legal contract
The city’s legal department has essentially sided with Thompson’s version of events over those of the man who led the department at the time – Assistant Chief Jim Nicks – or other officers who have presented information that could be damaging to Thompson. Nicks told a grand jury that officers violated police policies during the confrontation; the city’s position is that officers followed proper procedure.
The civil case received renewed attention earlier this month when, after the release of a sworn statement by Nicks, Verner signaled a softening of the city’s position. She announced that she has directed city attorneys to move “the Otto Zehm matter toward resolution.”
The U.S. attorney’s office questioned how city attorneys could defend the city, Nicks and eight officers in the civil suit when some of them had provided testimony contradicting the city’s stance that all policies and procedures were followed, according to a document filed in April 2010. Soon after, the city agreed to stop representing Thompson in the civil case but maintained its representation of the others.
The Spokane City Council on Monday dealt with a second potential conflict of interest when it voted unanimously to hire a separate attorney to represent Nicks.
The city will pay up to $75,000 for Theodore J. Angelis of K&L Gates to represent Nicks.
Documents revealing Nicks’ stance on the case and calling into question the thoroughness of the police investigation were first released in March 2010.
Earlier this month, Verner declined to answer why Nicks didn’t get a separate attorney earlier. On Tuesday, however, she said the city was waiting for a signed statement.
“We are processing separate representation for Jim Nicks because he has filed an affidavit that is his sworn affidavit, not something that someone else said he was going to say,” she said. “Because the content of that affidavit puts him in a position that’s a separate legal position from the position of the corporate body of the city, then he requires separate legal representation.”
But Pearson, the assistant law professor, said a conflict of interest doesn’t need to be stated in a sworn document or sworn testimony for the conflict to exist. She added that under professional rules of conduct, an attorney has a duty to stop representing a client if a conflict between two clients arises and there’s a significant risk one might be harmed. The only way to continue representing clients of divergent interests is if they have been fully briefed about the potential problems and have signed statements agreeing to allow dual representation, she said.
The council earlier approved a contract for up to $200,000 for attorney Carl Oreskovich to represent Thompson in the civil matter.
In a court filing, the U.S. attorney’s office has questioned the city for continuing to represent other officers, including Uberuaga and now-retired Detective Terry Ferguson, who are defendants in the civil suit. Court records say Ferguson is expected to testify that there were “glaring missteps and omissions” in the police investigation into the confrontation.
Meanwhile, Breean Beggs, who along with Jeffry Finer represents the estate and mother of Otto Zehm, said last week that he hasn’t heard from the city since Verner announced that she is seeking to resolve the civil case for the sake of the city and Ann Zehm.
“I’m waiting,” said Beggs, who sent the city a letter seeking to restart negotiations some two weeks before Verner’s announcement. “We’ve had no phone calls or letters.”
Beggs, however, said he wasn’t concerned, and noted that Delaney recently was on vacation.
“They seem to take their time. I don’t know what’s going on,” Beggs said. “We don’t know what the plan is. I haven’t got that press release.”
Reporter Thomas Clouse contributed to this report.
MAC faces angry crowd 
D Statler on August 28 at 1:34 a.m.
You have just published the first three public leaders that need to be prosecuted federally.Then proceed on down the list till you get the attourney that withheld the summonses.It is very hard to believe that these people didn’t know they were wanted by the Feds.
drywitt99 on August 28 at 4:54 a.m.
Okay….this case has reached critical mass…..and ALL of the facts MUST come out NOW.
Did Delaney receive this request from the Feds?
If so…..did he notify the three individuals.
If he did…..why didn’t the individuals contact the Feds.
And if Delaney DID NOT notify them……WHY IN THE HELL NOT?
STOP THE LIES. ALL OF YOU!!!
STOP THE COVER-UP.
TELL US WHAT REALLY HAPPENED!!!
SpokyDaBear on August 28 at 6:08 a.m.
Spokane’s leadership is being caught with their pants down….
misjustice on August 28 at 6:18 a.m.
A fish rots from the head down; so does a city.
Treppiedi, employee of the month? Yup, apparently he’s the best this sorry cow town has to offer. It would be funny if it wasn’t so damn sad.
ChefGus/ John Olsen on August 28 at 6:26 a.m.
Thank you Jonathan for continuing to shine the light of truth into the cesspool of darkness that our City Council Leaders and Mayor and her legal department continue to swim and tell us the water is just fine. John
drywitt99 on August 28 at 6:37 a.m.
The SPD has been out-of-control for decades.
Police leadership protected their own.
And political leaders did nothing to correct this situation.
This needs to be thoroughly investigated by outside agencies, on the state or federal level.
The responsible individuals MUST be punished.
And the entire culture in the SPD MUST be changed!!
Years ago it had lost the respect of the citizenry.
That MUST NOT be allowed to continue.
WE THE PEOPLE deserve better than that.
Otto Zehm DESERVED better than that!
meyerlansky on August 28 at 6:39 a.m.
Chef Gus….you are correct. Spokane will continue its reputation as the political cesspool of the Pacific Northwest until changes are made. Too bad for all of us because Spokane has the potential of being a really nice city.
ChefGus/ John Olsen on August 28 at 6:47 a.m.
An Email to the City and County Leaders just sent:
“Good Sunday Morning From Glacier Peaks Wilderness…
As I sit here reading the Review on line this morning, my outrage at the seeming sense of “la belle indiference” that you as leaders of our City seem to present. Where is YOUR anger…Where is your Oath of Office….? Get it out and read it again. I am ashamed to say that I know most of you personally and am sincerely and sadly deeply disappointed in your ineffective and perhaps complicit role in this tragedy over the years. Please step up and do your job, admit your guilt and serve your time.
There is in addition to this article, an Editorial Opinion that is on the list of requested reading for you this morning. Good Grief…. John”
It seems the last few weeks a Sunday Surprise has hit the paper. There was an article in the Inlander this past week about the Supreme ‘Court Decision that seemingly will set aside the Police Guild’s claim to “collective bargaining” around the issues of oversight….I’ve not seen it reported here in the Review.. Maybe I missed it, but it is an important piece of this simple puzzle. John
ChefGus/ John Olsen on August 28 at 6:53 a.m.
Sorry to be peripatetic this morning…here is the link to the article in the Inlander…. wondering why no news of this in the Review…??
http://www.inlander.com/spokane/article-16886-let-the-sun-shine.html#dComments
This too should give our city leaders some fair pause for their paucity of pursuit…. sad ineffective at best and complicit at worst group of people…. John
brianrbreen on August 28 at 7:38 a.m.
Please Mayor Verner, with all due respect. The City Attorney’s Office and counsel Oreskovich were provided with a transcript of Chief Nick’s Jencks Act statement back in 2009. A Jencks Act statement is either a transcript of SWORN grand jury testimony, or a transcript of a SWORN statement given to the DOJ. (Dckt. #60 , Exhibit #15). To suggest that the city didn’t have knowledge of a sworn statement by Chief Nick’s concerning his testimony regarding the Zehm case prior to the recent publicly released declaration is at best disingenuous.
Thank you Jonathan Brundt for the article, may I suggest if you haven’t already, that you as soon as possible do a PDR for all of the emails between all of the parties involved beginning in 2006. I realize the city will fight Swinton tooth and nail, claiming privilege, and ongoing litigation, but by the time it makes it’s way through the appeal process both litigations will be over and the emails will provide a good picture of what has gone on. I don’t think all the juicy emails will come out in the criminal trial.
DickAdams on August 28 at 7:44 a.m.
The following published in the story, re Verner what she is going to say, the smell makes me want to regurgitate!
“When shown emails on file in federal court from the U.S. attorney’s office asking Delaney to set up a meeting, Verner said last week: “I have not read this before, and that’s the extent of what I’m going to say about it.” NOT READ? REALLY?
Does Verner, as usual, think she is talking to a village of idiots? It finally appears the citizens have her number when the story quotes her, which says, “that`s the extent of what I`m going to say about it”. Sounds to me as if Verner might take the 5th. Rotten in Denmark, I mean, ROTTEN in Spokane.
de3 on August 28 at 7:59 a.m.
Leadership has not only made fools of themselves, they’ve made fools of all of us. I am embarrassed to say I am from Spokane.
brianrbreen on August 28 at 8:14 a.m.
@ChefGus
Here is a link to the letter the Mayor sent to the Inlander in response to their request for unfounded IA complainants. Notice the contradictions between the letter in which the Mayor blames the guild contract and the Inlander story where no one seems to know if the guild contract specifically prohibits the public release of unfounded IA complaints. I guess the question is if the guild contract does in fact prohibit the release of unsubstantiated IA complaints does the Supreme Court ruling trump that. It is also interesting to note that according to the Mayor the County SO’s contract does not prohibit the release of unfounded complaints.
http://www.inlander.com/spokane/file-138-.pdf
Ron_the_Cop on August 28 at 8:20 a.m.
Undooly_prosecuted and others,
You are very astute. Our problem is not with the many fine good men and women of the police rank and file that protect us day in day out with the exception of the few that needed to be weeded out. Sorry to the astute readers here that already know my thoughts about this very serious problem we face.
Our problem is with the police leadership and our appointed and elected leaders that will do NOTHING to change the status quo and further those same leaders who were complicit in and or aided or abetted in the cover up of Otto Zehm’s death. I would encourage all Spokane citizens reading here to read the most recent S-R article comment threads on the Zehm death.
I have a solution and recommended it to our Council that chooses to remain in the dark and wring it hands that they have no authority. Sorry I will invoke the Palin invective cojones they have none. They did NOTHING and did not discuss it at their most recent meeting:
http://www.spokesman.com/stories/2011/aug/21/council-late-to-get-zehm-news/?comments#c336231
I am in the process with others in preparing a letter to the US Attorney’s Office requesting that they take action as I outlined in my presentation to Council [http://tinyurl.com/4xahoas]. We will secure signatures of diverse community leaders and former public office holders. When this letter is finished and signed, it will be posted on the Net with an online petition. All citizens who are in agreement can sign the petition in support. Please watch for specifics on my web page www.ronthecop.com.
Please remember it is WE THE CITIZENS that empower those whom we choose to govern. We should not live in fear of our government and or our police.
As I concluded in my Council presentation with:
greenlibertarian on August 28 at 8:20 a.m.
At the risk of following DICK’S all too creepy frequent references to BS:
Excrement, meet fan.
Sorry that I won’t be seeing you in church this morning, Gus.
misjustice on August 28 at 8:24 a.m.
From the article in The Inlander link provided by ChefGus:
“It’s uncertain if the Guild has to agree to the changes prompted by the court ruling, even as Verner has ordered the policy to be changed.”
The Guild isn’t bound by our State Supreme Court decisions? The Guild doesn’t have to agree with the highest court in the state?
Hmmmm…
mikeln on August 28 at 8:28 a.m.
I know if the feds wanted to talk to me and I was a no show they would send the fed police to pick me up, what happened here? No one should be above the law but these people think they are.
greenlibertarian on August 28 at 8:30 a.m.
Too bad you ruined your response by referencing grizzly-mama $arah Paylin, rockets brain.
Keep on tiltin’.
Liberty_Bell on August 28 at 8:30 a.m.
When your Federal Court, State Court and Every Prosecutor up to and including Rob McKenna refuse to ACT, sometimes the criminal element of local, state, and federal government get exposed.
http://www.ca9.uscourts.gov/datastore/opinions/2011/08/25/10-35085.pdf
The Ku Klux Act of 1871(42USC1983) confusing no one except the Klansmen in Charge.
Vote Christine Greguoir, and Rob McKenna, as discussed by President Grants Legislative Records of the 42nd Congress, 1st Session.
Steve Eugster on August 28 at 8:45 a.m.
There is big trouble in this for the City of Spokane and Mayor Verner. See more at http://spokaneregister.wordpress.com/2011/08/28/otto-zehm-big-trouble-for-spokane-and-mayor-verner/
brianrbreen on August 28 at 8:54 a.m.
@Spokane_Citizen
You have a tendency to disparage many of the people concerned about what is going on as “rubes” and conspiracy theorists among other things. I actually think it is becoming a more diverse mixture of individuals with different political beliefs who have real legitimate questions about what is going on. I wonder if you had an opportunity to read the LTE linked below. I know you know him and wonder if you would lump him in to any of those various groups.
I do thank you for referring to me as a “realist”, and not necessarily lumping me into a particular group.
http://www.spokesman.com/stories/2011/aug/27/case-raises-questions/
Liberty_Bell on August 28 at 8:57 a.m.
But seugester,
Those Death Penality Statutes, 18 USC 241 and 242, could only confuse the Mayor, Police Chief, and quite a few Attorneys too!
IN 49 other States of the Union, the’d call it a RICO Organization, here it’s just been business as usual for decades!
And the new Police Guild Opinion?
Guilding your local Criminal Element, and their former “right to priivacy” for a policemans criminal actions???
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=823740MAJ
Ron_the_Cop on August 28 at 8:58 a.m.
Sorry Green. My use of the term was not an endorsement of Palin. I Just agree with Patin that sometime WE THE PEOPLE must remind where the power comes from.
President Shogun often forgets this when he’s being rude to citizens that actually take the time to come to address the Council.
DickAdams on August 28 at 8:58 a.m.
Its obvious, Verner condones Rocco Treppiedi`s habit of counter suing citizens that dare challenge city hall with THEIR discouragement modus operandi. If Verner was blind to Treppiedi`s MO, she should be fired for incompetency. An honest mayor with integrity would have put a stop to Treppiedi underhanded law suits.
brianrbreen on August 28 at 9:13 a.m.
@seugster
Very good points Steve, but you know as well as I that a public officials statements to the press aren’t always the same as statements they might give under oath.
ChefGus/ John Olsen on August 28 at 9:17 a.m.
Mr Hession DID quietly put a “hold” on those law suits through the power of his appointed City Attorney Craven. I had the good fortune to meed with Mr Craven at his request around the kerfuffel with the civil rights of the Vegan Picnic Protest when the SWAT team man handled and terrorized several of the vegan young men and women….
One of them eventually did go all the way to trial and was handled very nicely by Judge Hayes is my memory. Several of us filed an Amicus Brief and paid the court costs for the young man and his “sentence” because he chose over and over to plead guilty to just be done with it was remanded in one year if he had no further offenses. And we lost another wonderful, bright and talented young man as a city citizen….
Lets just Keep After Em…. john… (Back from the Mountains in ten days).
ChefGus/ John Olsen on August 28 at 9:20 a.m.
I am sure that Mayor Hession apprised Mayor Verner of his policy change in the City Attorney office….. Mayor Verner had Trepiedi’s foot nailed to the ground and should have fired him. Lottsa bucks going out the door on this one… and hopefully more than a few of our elected and appointed officials. John
The_Seer on August 28 at 9:46 a.m.
Oh what tangled webs we weave…
The best thing that might come out of all the Otto mess is that Trepieddi is calling his new cell mate “Daddy” after disbarment.
What do voters need to do in order to recall him from the school board? Where is that Shannon chick who started the Jim West recall when we REALLY need her?
This is what you get when you let Gonzaga law grads run your town. Ineptness and undue financial pain for citizens.
Ron_the_Cop on August 28 at 9:52 a.m.
WHOA! Seer-
I’d be careful calling the likes of Pres Shogan MIDOCRE Counsel. ROTFLMAO!
jddavis on August 28 at 10:02 a.m.
Who is going to throw who under the bus first? You couldn’t make this story up, no one would believe you.
Ron_the_Cop on August 28 at 10:22 a.m.
@jddavis,
Funny you would say that! Some of us have been saying this for years now:-)
brianrbreen on August 28 at 10:24 a.m.
@jddavis
The first ones under the bus will be anyone below the rank of Chief with one exception. Then it will work its way up from there.
yellowcat on August 28 at 10:51 a.m.
The saga continues….. the city attorneys office, the mayor, Shogan, the police chief.
Many council members quote “city legal” over and over. Why would anyone, even city council, trust “city legal”? Why should we as citizens think that “city legal” gives one moments thought to what is best for the citizens of this city? It is time for our city council members to make decisions based on what is right and just and not what city legal advises. If the city can afford to hire counsel for Thompson and Nicks, the city council can afford to get legal advice from legal professionals that are not employed by the city and with a little detachment possibly advise the city to do the just thing. City legals’ only concern is protecting the police and image of the elected officials of Spokane no matter what they do. Of course, city legal is hired and managed by elected officials. A big circular.
Horrified about this over and over again. Waiting for city officials to come clean so this doesn’t have to go on forever. Will that take another five years?
PlanB on August 28 at 12:02 p.m.
Oh this might be my favorite: “Because the content of that affidavit puts him in a position that’s a separate legal position from the position of the corporate body of the city…”
Yea, Nicks’ makes an official statement of the glaringly obvious, but somehow denial is still considered a viable position for the city. Pretty amazing how Verner and the city legal department can put so much effort into fabricating a story, but when evidence of their efforts to block the investigation slaps them, they “didn’t get the email”.
ChefGus/ John Olsen on August 28 at 12:14 p.m.
I am seriously wondering if some “National Press” looking in to this might not be a good Idea…. 60 Minutes, CNN special report etc etc…. Perhaps too a National News Mag or Syndicated article… worth pursuing me thinks. The Power of the Press certainly has made a slow but sure change in the direction of the winds over the cesspool…. Starting to turn in a circle, sort of like a small tornado….. John
Ron_the_Cop on August 28 at 12:15 p.m.
Do you have your ears on Mr. Brakel? This train is will be roaring into the Spokane station soon. Will you do the right thing?
The wheels not only have flown off this cover up but it’s running on the axles sending sparks into the air:-)
Ron_the_Cop on August 28 at 12:16 p.m.
ChefGus,
Go for it!
Dazzeetrader11 on August 28 at 12:43 p.m.
Verner had all the information within a few weeks. Her, Delaney , Nick and Rocky made a pact to withold everything till things died down…..which they have until recently.
Verner etc withheld all information from Council. Obstruction comes to mind but you’ll be hearing the old defense that what they did wasn’t “illegal”. Verner’s a lawyer and she has lots of lawyers at her disposal.
She been hiding the facts ” I probably shouldn’t comment” for years. Now, she is running for re-election. Liberal or conservative, does Spokane really want this Mayor??? You deserves better.
I also wonder if the evidence has been protected. Shogan and Nicks….too close. Think for a mintue. After years of lieing, why did Nicks change his tune? Answer: he was caught. No doubt…Verner knew. Protect the evidence.
DickAdams on August 28 at 1:32 p.m.
Somebody may want to check and find out how many paper shredders have been purchased recently by city hall (Verner et al).
jddavis on August 28 at 1:35 p.m.
How about some computer forensic specialists from the Feds.
Elkay on August 28 at 1:39 p.m.
Day after day this story just keeps blowing me away. Hopefully, Otto is reading the news in heaven.
Ron_the_Cop on August 28 at 1:46 p.m.
Jddavis,
The feds do have the computer forensic expertise. The question is whether they will be content with the low hanging fruit in this case or as I will in the letter I mention above demand they use their grand jury to go after anyone that is complicit in this coverup and or aided and abetted up to Madame Mayor herself.
As Brian noted a federal grand jury does seem to get statements under oath that differ from previous public comments:-)
brianrbreen on August 28 at 2:00 p.m.
@ChefGus
Good idea. You could contact Anderson Cooper, Ron could contact Bill O’Rielly, and Misjustice can take Rachel Maddow, Elkay – Lou Dobbs or Geraldo Rivera, Dazzeetrader- Michael Savage or Glen Beck. As for me I’ll take Al Jazeera that should pretty well cover it. Nope we need someone for John Stossel.
Ron_the_Cop on August 28 at 2:04 p.m.
Breen,
You forgot Gretta. I will try to flag down Mark Fuhrman who does talking head pieces for her. After all this is in his own backyard:-)
brianrbreen on August 28 at 2:12 p.m.
@ChefGus
I forgot John King and Rush Limbaugh, any takers?
Squid on August 28 at 2:27 p.m.
Maybe someone should contact Steven Colbert or Seth Meyer. If this story wasn’t so sad, it would be comical.
Open_Spokane on August 28 at 2:46 p.m.
This is typical of Mayor Verner to hide behind her chain of command. Or in other words - don’t forward any bad news to me that can later be traced in a public records request.
Spokane is nothing less than a municipal mafia in the way it functions. All top level communications are always face to face with no paper trail left behind.
Sadly, in the case of Trepedi, he was rewarded with the employee of the month. I can remember a Spokane Fire Department medical training session that began with Trepedi explaining Excited Delirium as a so called medical condition. No SFD EMT bought this revision of history about the Zehm case.
If only Spokane had a leader that was truly transparent and willing to clean up City Hall. Mr. Trepedi defends bad city employees. Mayor Verner defends Trepedi. Both of them seem to have forgot that they work for the people of Spokane.
ChefGus/ John Olsen on August 28 at 3:05 p.m.
Ed Shultz knows about us because of the Homeless Veterans go around a few years ago…. Each contact should be absolutely individual in order to garner any attention…. Any email to the big guys that has more than one address on it is sent to Spam.
A paper letter on Letterhead Stationary will get more attention than any email.
Wondering where the Tea Party Folks are in this paroxysm of poor government? We need all the help we can get. John
The_Seer on August 28 at 3:07 p.m.
My company began a documentary film project on this story more than two years ago. I contacted every major network/news magazine show/producer that I could think of and none of them were interested because of the “pending” nature of the case(s).
I will tell the story objectively from beginning to end. While I want all to be held to account I still think the individuals who began this entire debacle are getting a free pass: The two girls who dialed 911. I have contacted both of them and they refuse to be interviewed for the film so I will use the 911 tapes to portray what they thought they saw while overlaying footage from the ATM machine that portrays the exact opposite. The two girls should be charged, with what, I’m not exactly certain, but the police, after looking at the ATM footage should be able to figure it out.
Oh, I meant the Feds, not the locals.
jddavis on August 28 at 3:16 p.m.
Ron—I don’t think getting the low hanging fruit is enough to clean up this mess. It has to be thorough…no less.
GaryP on August 28 at 3:22 p.m.
I’m sure Kirkpatrick will have “no comment” on this since she is involved with the cover up. She comments on everything else and has been totally wrong. The city is going to pay a fortune out on Zehm, as well as Harvey and Mehrings case where she totally jumped the gun without having any facts at all. Bob Dunn(Mehring, Harvey civil attorney) must love Kirkpatrick. Her arrogance alone will end up costing the city millions
brianrbreen on August 28 at 3:25 p.m.
Although I was of course trying to add a little levity to a serious situation my point is what a diverse group of folks with real legit concerns.
Ron,
Please forgive my pessimism and as Spokane_Citizen pointed out I’m a realist, but until such time as the community as a whole decides that enough is enough not much else is going to happen. The US Attorney’s Office is required to respond in some way to complaints made to them, the extent of that response depends on many factors. I whole heartily believe that there are a number of individuals in the local DOJ that believe there are big problems in River City but they are limited with respect to the extent they can become involved. You as a retired investigator should note as should others that despite some of the oblique attacks against the local DOJ folks the co-counsel in the Zehm criminal prosecution case is a fellow named Victor Boutros from the CRD- Criminal Division. I’ll bet my next pay check, based on his experience that he is just shaking his head.
A caveat, how could anyone reading what is going on not understand that the police guild, as dumb as they are some times, do have a concern about the integrity of those that are supposed to lead them.
Ron_the_Cop on August 28 at 3:56 p.m.
Brian,
I agree wholeheartedly. There are none so blind that will not see.
Hopefully with our discussions this will enlightened those who must work for a living in our little berg and have little time to pay attention to current events in our community.
This is not an ideological driven issue. This is not right or left issue and or tough on crime et al. Nor should it be. Justice should be blind and treat everyone equally no matter their station in life. This is an equity issue:
As I tried to tell Tom S, the Guild really needs the support of the public to resolve i’s very serious issue with the police leadership that will not lead. I’m sorry I’m too a realist. The Guild does not have the power within our local political environment to bring about the change that is necessary. Look how those complicit in this cover up have spun the Guild’s statements and positions to in the eyes of the public the Guild look like whiners and snivelers and covers for bad cops. I’m sure this is not the case but we as members of the Ththem vs. us. Look I’m all about slamming those crooks that are a real danger to the public but they are a very small percentage of the general public.
Yes, I’m aware that the US Attorney’s Office is a political animal and must function in the local, state and federal environments. HOWEVER THERE COMES a time when action is warranted. ESPECIALLY when the local government is incapable of fixing this problem.
I’m an optimist and believe if approached by enough citizens of all walks of life and political beliefs the US Attorney’s Office will do the job it is quite capable of doing in this town that is so desperately needed. The US Attorney’s Office has moral obligation as well as a sworn duty and responsibility to the WE THE PEOPLE.
This is why I’m pushing this letter signed by a diverse group of community leaders supported by an online petition to help the US Attorney’s Office to engage to root out this corruption to benefit us all - citizens and the Guild alike.
D Statler on August 28 at 3:59 p.m.
RontheCop for Mayor,ChefGus for city council president,BrianrBreen for city atty. Too much common sense to run I suppose. LOL I will be happy to keep taking out the trash! We can only hope the public is smart enough to vote the current mess right out the door.
D Statler on August 28 at 4:06 p.m.
Can we still call em the Lolli Pop Guild? That had to be the funniest thing I have read in years. LOL If the guild is a victim here. Why havn’t they chosen to police themselves alittle more? Every other union in America would have.
BTW: Thanks for your informative comments and Genuine concern about these issues Ron.I was very serious when suggesting you run for office. :^)
Elkay on August 28 at 4:14 p.m.
I like the idea of contacting Geraldo …….
Ron_the_Cop on August 28 at 4:35 p.m.
Undooly prosecuted,
I’m flattered by your comments. I really have no desire to run for political office as I would not be fun to work for. I will however work with others in this community to find and support a well qualified candidate that has a spine and can do the job that is necessary. I might add one that won’t engage in a scam to balance the budget under the guise of water conservation as Cargill wrote in a special OP/ED today:
Water rates soak families
http://www.spokesman.com/stories/2011/aug/28/water-rates-soak-families/
Mind you its this and many other scams have wastes of OPM (taxpayers) and is the principal cause of why the budget is out of whack. Yes the economy is a large factor/contributor but there are many structural debts due to outright frauds that collectively are a large whole in the general fund.
Further a mayor that would fire Chief Kirkpatrick and many in the City Attorney’s Office. And lets not forget Chief Bobby Williams too who skated on the AMR billing frauds. BTW former Mayor Hession let AMR off with a hand slap. It wasn’t until former Sheriff Bamonte, retired Lt. Bill Jackman sued did those ripped off get some of their money back. The Wizard of Oz the City CFO Gavin Cooley needs to go as he keeps everyone in the dark as he moves our money around. Ask around sometime about the Bank of Hein. Also I’m of he opinion Cooley’s use of the professional title of CPA after his name on the City’s webpage was no mere oversight.
Look on a related note there is much more going on here that all citizens should be concerned about. Read the Spokane Economic and Demographic Data Blog:
http://inlandnw.wordpress.com/
I will continue to watch local LE and report when I see things being done that are less than professional. I realize that police work is a very difficult and demanding job requiring split second decision making. HOWEVER there are times in certain investigations where the professional bar could have been raised on the work product.
Have I mentioned Steve Tucker yet? This is where of anyone I will lay the blame and fault with for these cover ups. There is no doubt in my mind he knew what was going on. He should have sent the Zehm case back for further investigation and not have accepted it at face value. This is how you can hold LE accountable for their work product. There are a long line of cases where Tucker has done nothing or shown his abject incompetency and or participated in obstruction of justice. But what do I know? Tucker continues to be relected. I would actually support and work with a recall effort now to remove him from office. Tucker shouldn’t get a free ride either. The public should watch where Tucker goes on a daily basis and decide if they are getting their money’s worth. This is the worst kept secret in the City. There’s too much time left until the next election.
reservedparking on August 28 at 5:04 p.m.
You forgot Keith Olbermann…
ChefGus/ John Olsen on August 28 at 5:16 p.m.
We could have a “list” of the “Worst Persons in the World!” Keith could live for a week on the detritus from the fall out and collateral damage here ….Gus
misjustice on August 28 at 6:35 p.m.
The Seer stated, ” The two girls should be charged, with what, I’m not exactly certain, but the police, after looking at the ATM footage should be able to figure it out.”
With filing a false report, would be my guess. Those gals set into play all that followed. BUT FOR their false report of being robbed and of Otto trying to get into their vehicle, Thompson never would have had PROBABLE CAUSE to engage Otto (nice way of saying murder him). Those gals should be brought to account for their false report.
Ron_the_Cop on August 28 at 8:13 p.m.
Ms. Justy and Seer,
I’ve heard part of the 911 tape but not all. I do know the call was dispatched as a suspicious circumstance/person call. Definitely not as Chief Nicks and others characterized as a “robbery” just occurred.
I tend to think the girls were just confused and possibly scared by Otto. This is the job of the call taker to figure out what is going on before the call is dispatched.
I don’t think there was any intent on behalf of the girls to mislead or file a false report with the police from what I’ve heard. This however set in motion a series of events that had a tragic outcome. Lacking any intent there is nothing you could charge the girls with.
UNLESS they said things that were untrue to cause the police to respond quicker. In general the call taker assigns a greater priority to the call so it’s dispatch quicker over other calls pending at the time e.g., say the man with a gun when there really isn’t a gun involved.
Further if I received this call I and saw Otto go into the store I would have probably waited across the street and observed for a while unless Otto was doing something that warranted immediate intervention. I would have had another unit to contact the girls and get their story straight.
I would have waited until Otto left the store before I made contact with him. Without this being an actually robbery my contact with Otto would have been much different unless he became belligerent and wouldn’t keep his hands where I could see them until I could pat him down for weapons.
brianrbreen on August 28 at 8:53 p.m.
@reservedparking
As you know I’m getting old but I didn’t forget Keith Oldermann go back and look.
It’s about time some of the brass on the SPD realizes that it’s time to take a stand. Some of the kids could take a big hit, not that bad if you do it right. It’s up to you, not me, but keep in mind no one will back you unless you are willing to find a way to get out of this mess.
Squid on August 28 at 8:58 p.m.
Ron, as long as we’re down to the simple basics, what is your theory about why Thompson would tune on Otto with the baton, in the first place? Think it’s a combination of Thompson having a bad day and knowing from previous incidents of SPD abuse, that his superiors would stand behind him? (My theory)
I really don’t like talking about Thompson as a single cause of the murder, because there were several officers that could have brought the others to their senses, as well as two officers who stopped Otto from breathing.
Just trying to figure out the root of why, so this kind of thing could cease. Abuses and police murders seem to have slowed down dramatically, since we haven’t read about any for many months. Maybe the management has recently made it clear to officers that they won’t allow it???? Strange hiatus??? Wishful thinking???
misjustice on August 28 at 9:09 p.m.
Well, Ron, you are much more generous to those gals than I am; guess that makes you a better person and I’m okay with that.
I think that they lied about the entire chain of events. I don’t believe for one minute that Otto tried to rob them or get into their car.
And if he really did, why would two gals who were so afraid of a man that just robbed them and tried to get into their car then decide to follow him???? They drove down the street following him. Their story just doesn’t pass the smell test; in fact it stinks to high heaven.
Their call to 9-1-1 set the rest of the events into motion…they were the catalyst.
Ron_the_Cop on August 28 at 9:53 p.m.
Ms. Justy and Squid,
As for the girls unless they were out for kicks I don’t see any real motive for the girls to call the police maliciously. You have to prove some level of intent and unless I’m missing something I don’t see it worthy filling charges. From a police operational point of view you want citizens reporting suspicious circumstances and behaviors. It’s the job of the police to short things out and to respond appropriately.
As Ofc. Thompson was they were responding to what they perceived too. Undoubtedly the call could have been handled better as for the information given to the officers who were responding. As for why Ofc. Thompson chose to contact Otto in the store is something I leave to come out at trial. As I said above I would probably have waited to see what developed before charging in the store.
It’s also 20/20 hindsight what Ofc. Thompson decided to go to his baton so quickly with apparently little or no verbal warnings or time interval before the first baton strike. There were “no no” head strikes but in real fights this does occur unintentionally. These apparently were not causal factors of his death. This will be an issue for a jury to decide whether Ofc. Thompson used unnecessary force at this point to the point it violated the USC he’s being charged with. It will go to the officer’s state of mind at that time coupled with his training and experience.
There is no question in my mind this became a wrongful death when Otto was hogtied in a prone position with officers pressing down on him after he apparently was under control and with the addition of the unconventional use of the face mask. Mistakes were made however what is criminal is the false statements that don’t match the video and the cover up that ensued after the fact.
brianrbreen on August 28 at 10:19 p.m.
@GaryP
I thought for sure when then City Manager Bill Pupo went out to find someone he could manipulate and hired Alan Chertok that would go down in history as the worst police chief in Spokane history. I was wrong Dennis Hession did even better.
misjustice on August 28 at 10:32 p.m.
Brian, what gives? You keep insinuating that Hession hand picked Annie for some nefarious reason…
I asked you about a week ago: What’s the story, morning glory? And you said you’d give it, but not now/then…what gives?
Off line @:
kissthesky18@hotmail.com
brianrbreen on August 28 at 10:42 p.m.
@misjustice
Post that ”Stellar” resume again will you.
Squid on August 28 at 11:13 p.m.
MisJ, you must be either a Jimmy Hendrix or a U2 fan? Just a guess.
Slightlyworried on August 28 at 11:59 p.m.
I find it amazing that the one person who could have cleaned up this mess several years ago is not getting much of the blame. Steve Tucker either (a) viewed that videotape and failed to do his job or (b) never looked at the videotape and lied about reviewing it. Either way, if Tucker had been doing his job this whole mess would have unraveled on City Hall years ago. Shame on you Steve. And shame on your deputies who walk in lock-step with you.
Ron_the_Cop on August 29 at 1:55 a.m.
Slightly Worried,
WINNER - We have a winner here!
As I said up thread I lay a lot of blame on Tucker who sees no evil, hears no evil and speaks no evil because he does NOTHING for his $145K per year. He can’t make a decision if his life depended on it. Perhaps I should go on a photo ops mission and report back on what he does all day:-) As I said this is the worst kept secret in this town.
Seriously - they all need each other to CYA. Google KREM and “Cage Fight” and you will have you’re answer.
ChefGus/ John Olsen on August 29 at 6:59 a.m.
Frank Malone for Prosecutor…. we tried… but seemingly “Party Loyalty” carried our train into the ditch, even after Mr Tucker was pilloried by his own party’s several strong contenders.
On another note:
I know Dennis Hession personally, and he is not under any suspicion in my mind for hiring Chief Kirkpatrick for any nefarious reasons. She came to us with a supposed stellar resume’ and her “You Lie, You Die”… song and dance…. WE believed her, and we believed In her… until time and tide changed our minds. She was and remains a great disappointment.
The first “break” is when she called the citizens of Spokane “Wienies” in a public forum at a service club meeting downtown. She lied and was aggressive and abusive in her public meetings with the GLBT community and business meetings with the INBA.
She should have been fired years ago. She had the gall to walk up to me in public and castigate me for taking her to task on these blogs. I just soaked it up, and smiled, and told her I was entitled to my opinion and would be happy to meet with her if she had some further concerns. John
brianrbreen on August 29 at 8:10 a.m.
John,
Her resume was far from stellar compared to the other candidates. Describing her tenure as a “great disappointment” shows what a generous man you are. I’m not surprised she would demonstrate her vindictiveness, confront you and castigate you for taking her to task. Unfortunately that vindictive streak has and will continue to cost us money.
Would you trust her?
ChefGus/ John Olsen on August 29 at 8:40 a.m.
No… I do not and have not trusted her at all.
Brian.. i learned long ago in my professional practice and personal life to pay attention to what people “DO” not what they “Say” it is a rare person who’s words and actions are the same… we all do that to some degree…. have inconsistencies.. but my goal especially later in life is to be authentic, and to try and act on what i talk about… :)) .J
misjustice on August 29 at 8:40 a.m.
Brian, ya mean this stellar resume?
http://www.spokesmanreview.com/sections/chiefsearch/documents/062806_reskirkpatrick.pdf
@ Squid, it’s Jimmy…
“…excuse me, while I kiss the sky…”
; )
misjustice on August 29 at 8:44 a.m.
Here’s the resumes of the other candidates, Mr. Peterson, Ms. Pierce, and Mr.Roberts:
http://www.spokesmanreview.com/sections/chiefsearch/documents/062806_respeterson.pdf
http://www.spokesmanreview.com/sections/chiefsearch/documents/062806_respeterson.pdf
http://www.spokesmanreview.com/sections/chiefsearch/documents/062806_resroberts.pdf
But what’s in a resume???
misjustice on August 29 at 8:45 a.m.
Oops, I posted Peterson twice…sorry.
Here’s Ms. Pierce’s resume:
http://www.spokesmanreview.com/sections/chiefsearch/documents/062806_respierce.pdf
brianrbreen on August 29 at 8:45 a.m.
That’s them. You don’t know Jimmy like I know Jimmy.
brianrbreen on August 29 at 9:05 a.m.
John,
I have had the same experience you have had with Chief Kirkpatrick’s lack of concern for the complaints of advocacy groups. During that meeting she made it very plain I was one of those “Wienies”. She did nothing, and shortly there after the same complaint arose from a similar advocacy group outside of Spokane. Had it been my place to raise holy heck I would have, but it wasn’t my place.
If you don’t trust her, can you at least understand why the Police Guild doesn’t as well.
The_Seer on August 29 at 9:06 a.m.
NIce work, misj!
I dig Hendrix too, plus most of the tributes to him other artists have recorded. Try to find Sting’s version of “Little Wing.” The arrangement and Sting’s vocals are “okay” but the guitar solo by Hiram Bullock (an original member of Paul Schaefer’s Late Show music group The World’s Most Dangerous Band) would make even Jimi sit up in his grave to air guitar along.
ron: I have the entire 911 call in the opening sequence of my film “Otto’s Zip Trip.” I used the time codes from the various sources (the girls, the 911 operator, the dispatcher, police officers, ATM camera footage, Zip Trip tape) to re—create as close to possible the time-line of events. You can see/hear a rough cut opening sequence of those events here:
http://www.facebook.com/video/video.php?v=171082772921263
Slightlyworried on August 29 at 9:18 a.m.
@Ron_the_Cop:
It’s no mystery what Tucker does all day long if you know anyone who is retired and plays golf in the middle of the week. It’s also no mystery what he does after playing golf if you like to drink in a certain bar near downtown. I can’t wait for Thompson’s defense team to make a big deal out of the fact that Tucker thought there was no crime on that video-tape.
Squid on August 29 at 9:20 a.m.
MisJ, Glad to know it’s Jimmy. U2 is icky.
Seer, why do I remember seeing a side view video of Thompson attacking Otto that was centered and clear? I have watched all four videos that are posted online and can’t seem to find the one that I remember. Anyone remember a better video? Maybe Kenezovich (how do you spell that?) was wrong about memory getting better with time….
Squid on August 29 at 9:23 a.m.
Seer, just curiously, is that you in the beginning of the video? Were you friends with Otto?
Squid on August 29 at 9:38 a.m.
Why are we all spelling Jimi’s name wrong? Sorry.
misjustice on August 29 at 9:45 a.m.
Oops, my bad…
The_Seer on August 29 at 10:06 a.m.
I spelled it “Jimi” the only time I typed his name…
squid: No. That is not me in the opening of the video but a long-time friend of Otto’s. I am the disembodied voice interviewing him. I have a copy of the video angle you described and will show it later in the film. I left it out of the opening sequence for dramatic effect. My intent is to use it later in the film to demonstrate the false claims in the official version of events and the attempt to cover up the truth. I think it is better to leave the audience a bit in the dark initially because it more closely resembles actuality and doing so provides a natural dramatic arc for the events subsequent to the initiating act. My intent was never to point a finger, but simply to shine a light and let people make their own impression while fleshing out Otto beyond what occurred the evening of his beating and death. Otto deserves that. I’ve wanted to finish this film for about eighteen months and hashed that decision over with my girl friend ad naseum. I’m glad she counseled me to be patient and allow the entire tragedy to unfold.
The_Seer on August 29 at 10:07 a.m.
Downriver golf course?
The Globe?
Can I get a bingo for this gringo?
Squid on August 29 at 10:42 a.m.
The ad nauseum is always assumed, whenever talking about making decisions with girlfriends. Hope you finish the video soon. Nice work.
Slightlyworried on August 29 at 11:40 a.m.
Why don’t we all meet for a beer at the Globe at 4:30 pm today?
Ron_the_Cop on August 29 at 11:40 a.m.
The Seer,
Shsssssssh! You’re revealing state secrets! I think we all should make some forays both to the 19th hole of the Downriver golf course and to the Globe Bar to watch the flora and fauna:-)
Seer perhaps you could include some footage in your film too:-)
Squid on August 29 at 12:03 p.m.
Goin drinkin and driving, barhoppin with a couple cops to confront the ex-WSP Prosecuting Attorney in public that has unlimited abuse of power, with a video camera to record the whole thing?????
Are you kidding me? HELL YES!!!! I’ll buy a few rounds for that kind of entertainment!
Ron_the_Cop on August 29 at 3:05 p.m.
Seer,
Re Squid’s suggestion, contact me if you wish offline at:
ron [AT] ronwrightinvestigations [DOT] com
Squid on August 30 at 8:26 a.m.
Soooo….. Did you guys get thrown in jail?
Ron_the_Cop on August 30 at 8:57 a.m.
Squid,
We’re still here at least I am. We have hooked up yet. I do think this would be a good outing to watch Spokane’s flora and fauna. Feel free to email offline (link above). Maybe we could get Ms. Justy too.
Ron_the_Cop on August 30 at 8:57 a.m.
Ooophs Have NOT hooked up yet.
Squid on August 30 at 9:15 a.m.
Sounds exciting! Wouldn’t pass that up for the World! Private eye type of stuff! Gonna be away from the computer today, but maybe tonight. Did Seer e-mail you?
brianrbreen on August 30 at 9:29 a.m.
@misjustice
Careful, sounds to me like there is an ulterior motive here.
“Maybe we could get Ms. Justy too.”
Squid on August 30 at 9:38 a.m.
Of course there is. I have watched a lot of old private eye movies, and they all have a hot dame with gams. Since there will be a video camera, ya gotta have the damsel seducing the mark to distract him, while you plant the bugs. Oops! I hope I didn’t spill the evil plan!
misjustice on August 30 at 9:44 a.m.
Well, I have been told that I am photogenic! And that I have great gams!
; )
I’d willingly take one for the team, if you know what I mean…
Squid on August 30 at 9:45 a.m.
Ah ha! The plan is in motion!
Ron_the_Cop on August 30 at 2:48 p.m.
Nothing from Seer yet. All are free to contact me offline to arrange a photo safari of the Spokane legal flora and fauna:-)