Spokane7
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December 6, 2011 in News, City
Judge denies Thompson’s request to question jurors
A judge has denied a request by former Spokane police Officer Karl Thompson’s attorney’s to interview the jurors who convicted him last month of two felonies in connection with the 2006 death of Otto Zehm.
U.S. District Judge Fred Van Sickle said in a 10-page order filed Tuesday that no evidence exists to support the request, which lawyers Carl Oreskovich and Courtney Garcea said was essential to their preparations for a request for a new trial.
“The Court repeatedly instructed jurors to ignore media accounts of the trial,” Van Sickle wrote. “Thus, to the extent jurors were exposed to such accounts, the Court is satisfied they ignored them.”
The lawyers had asked to question the 12 jurors about possible extraneous information considered during trial, citing the fact that two jurors were exposed to a newscast at a Yakima hotel that contained prejudicial information about the case. Garcea said she observed jurors in eye sight of the newscast on Nov. 1 and Nov. 2, but she didn’t tell the court until after Thompson was convicted.
Van Sickle said that when denying the motion to question jurors.
Had the lawyers alerted him to the exposure at the time, Van Sickle said he “could have made inquiries and taken appropriate corrective action.”
“As it was, the Court repeatedly admonished jurors to ignore media reports concerning the trial in the event they encountered them,” Van Sickle said. “Again, the presumption is that jurors followed those instructions.”
Jurors requested more information about Zehm during trial, but Van Sickle said he responded to that request by telling them that additional information had been excluded before trial. “Presumably, the jurors respected this explanation and did not attempt to circumvent the Court’s prior rulings,” he wrote.
Lawyers also cited an email from an alternate juror who disagreed with the verdict. The note mentions nothing about jurors being exposed to outside information.
“Given the absence of any such indication, the email does not support the defendant’s request for juror interviews,” Van Sickle wrote.
Lawyers also cited jury forewoman Diane Riley’s statements to The Spokesman-Review that a juror knew someone who lived in Spokane and said politics here are “corrupt and dirty.”
Van Sickle said the statement is of some concern but “must be read with caution.”
He pointed to Riley’s interview with KREM2 News in which she said a juror lived in Spokane 15 to 20 years ago and said that “Spokane politics is kind of corruptive.”
“Neither here nor anywhere else in the interview did the presiding juror say that one of the other jurors has an acquaintance in Spokane, much less that the other juror learned something from the acquaintance and shared it with the jury as a whole,” Van Sickle wrote. “Rather, the presiding jurors said that one of the other jurors lived in Spokane many years ago and that she formed certain unfavorable impressions concerning Spokane politics as a result of her experiences there.”
Thompson’s lawyers have until Dec. 14 to file a motion requesting a new trial. Thompson, who resigned from the Spokane Police Department last month in lieu of being fired, faces about eight years in federal prison when he’s sentenced on charges of lying to investigators and violating Zehm’s rights by using excessive force during the March 18, 2006, confrontation at Zip Trip, 1712 N. Division St. Sentencing is scheduled for Jan. 27.
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brianrbreen on December 06 at 7:15 p.m.
@Meghann Cunniff
I love you kid, you are going to be taking some of the heat off of me unless you proof this right away.
Then delete this post.
lewis8457 on December 06 at 7:18 p.m.
alright that should shut Carl Oreskovich up get off this case you lost.
misjustice on December 06 at 7:21 p.m.
Meghann, you might want to review and correct your posted article…I found an usually large number of mistakes…
“Van Sickle said that when denying the motion to question jurors.”
Huh? Should’t this sentence be joined with the paragraph that follows it?
And what about this?
“…concerning the trial in the vent they countered them”
Surely the author intended “concerning the trial in the event they encountered them”????
And this?
“…statements to The Spokesman-Review that a jurors knew someone…”
A jurors? I’m sure the author meant “a juror”, singular instead of plural?
And this?
“He painted to Riley’s interview …”
Did the judge really paint or did he “point”?
And this?
“Neither here not anywhere else…”
Did the judger truly state that or was it “neiter here NOR anywhere else”????
And finally, this?
“… faces about eights years in federal prison …”
Shouldn’t it be “eight years”????
*sigh*
misjustice on December 06 at 7:23 p.m.
“Did the judger truly state that or was it “neiter here NOR anywhere else”????”
Geez, now she’s got me doin’ it!
ARGH*&^%$#@
Did the judge truly state that or was it “neither here NOR anywhere else”????
brianrbreen on December 06 at 7:35 p.m.
@Misjustice
You really don’t care whether you get any Holiday Cards…do you?
And No, as far as I know we aren’t related.
meghannc on December 06 at 7:37 p.m.
You guys are faster than the editor. I looked through it and don’t see any of that stuff. So who knows what was actually in there. It’s all better now though. I’m working on some other stuff for you guys to read now.
brianrbreen on December 06 at 7:42 p.m.
@Meghannc
Don’t tack a worry on it! I’ll continue to bear the brunt of the heat from the spilling and grammer police. :)
misjustice on December 06 at 7:46 p.m.
Thanks, meghann…
@ Brian, I don’t believe in Santa!
; )
And now, about the story…great news. But CO is still going to file an appeal. I only hope that Thompson is cuffed and stuffed after sentencing and that he sits in the “iron bar hotel” (as Dick Adams calls it) while his appeal works it way through the courts.
Now I’ve gotta go see what they are posting on the WE HEART THOMPSON FaceBook page…
meghannc on December 06 at 7:47 p.m.
Oh don’t worry Brian, I’ve got plenty to do without worrying about the anonymous comments. I just wonder what would happen if all of a sudden all comments written under an anonymous name had a real identity attached. Would people have regrets? Would tones change?
meghannc on December 06 at 7:48 p.m.
What are you thanking me for, “misjustice”?
brianrbreen on December 06 at 7:51 p.m.
@Meghannc
I wouldn’t worry about that kind of stuff, let’s just hope no one finds out I’m really you. :)
The_Seer on December 06 at 7:51 p.m.
^^^^^^^
I could save you the time, my Peep…
“100% 24/7 505…”
The_Seer on December 06 at 7:56 p.m.
I’m glad I visited the “We Support Karl Thompson” Facebook page. It’s nice to see what they are up to these days. Apparently this latest bad news hasn’t sunk in yet because they are busy blaming Otto for Karl having to use excessive force.
Take a look for yourselves:
Heidi Rossie
From the Spokesman Review, Nov. 19-
We have all heard about poor Otto Zehm. Poor Otto was off his medications. As an adult, this was certainly a choice he was free to make, but with freedom comes responsibility. If Otto could not be trusted with making responsible choices, then the people who loved him so much should have done so for him. Where was his family before the incident? Why should the Police Department or the city of Spokane be held responsible when Otto and/or his family failed to take responsibility for his mental health? They have certainly come out of the woodwork now; cashing in on his death in a civil suit and asking a veteran police officer to bear the responsibility for Otto’s choices when they would not. Yes, it is tragic- sometimes tragic things happen- with no intent. To double that tragedy is reprehensible. A good cop has been scapegoated and the Police Department has gotten a clear message of non-support. God help them the next time they are in harm’s way. They will hesitate as they remember the severe consequences of this incident. They will be injured or worse, and we the people of Spokane will be responsible. -Rosemary Burns,
Spokane
November 27 at 10:17pm ·
11 people like this.
Deidre Faith Thank you for posting this :) made my night
November 28 at 8:56pm · 1
Linda K. Thompson I cannot express how good it is to hear this!
November 29 at 5:25pm
Robin Hinkle Completely agree with this… thank you for sharing..
November 29 at 9:04pm
Janine Fraser Exactly! His family was not there to help him when he needed care and meds, they are just here not for the $$$. Pathetic! Thanks for your insight.
November 30 at 8:16am
Joy Hand McDonald Amen!
December 2 at 8:06pm
Joy Hand McDonald Share link :) please :)
GDodd on December 06 at 7:57 p.m.
Hello Meghann.
misjustice on December 06 at 8:00 p.m.
For responding, Meghann…and for going back and looking over the article…
Geez, just tyin’ to be polite…
@My Peep! I know, they haven’t gotten the update…I was just there. Wait till shift change is my guess…
; )
misjustice on December 06 at 8:02 p.m.
@My Peep, they reposted all of the Otto bashing LTEs on the FaceBook page after they ran in the SR…
brianrbreen on December 06 at 8:04 p.m.
Not to worry, Otto will be demoted down the blame list shortly after Dec. 14th and Judge Van Sickle will take the number one spot.
misjustice on December 06 at 8:25 p.m.
Even if CO doesn’t get Van Sickle to grant a new trial he still has the lengthy appeals process to look forward to! More billable hours, at the tax payers’ expense.
One thing that I found odd in the above story was that in other stories CO first said that he saw the jury members exposed to the ticker at the bottom of the teevee, then he said that his paralegal viewed jury members in the breakfast room with the teevee on…and here it seems it was a fellow defense attorney.
Which is it?
force_vector on December 06 at 8:27 p.m.
Is there such a thing as grammar police brutality? This sites are free, after all. :)
brianrbreen on December 06 at 8:28 p.m.
@misjustice
He won’t do the appeal. Someone who specializes in the appeals process will.
misjustice on December 06 at 8:29 p.m.
I guess I gets whats I pays for?
; )
misjustice on December 06 at 8:31 p.m.
Ohhhhh, thanks Brian. Any ideas on which attorney that would be? And will taxpayers have to foot the bill, since Thompson is an indigent?
Shelala on December 06 at 8:36 p.m.
@Brian
I agree, but I think Van Sickle will be a hot tie with public opinion on the blame list. Waiting for that as yet undiscovered new evidence and that last ditch, ineffective representation. Heck, I watch Law and Order too.
brianrbreen on December 06 at 8:39 p.m.
@misjustice
I have no idea, I would assume someone out of the Federal Defenders office, would do a review and make a decision. Looks pretty darn bullet proof to me, I think Judge Van Sickle went out of his way to see to it.
amn on December 06 at 8:46 p.m.
@misjustice
I would guess it will be a Seattle firm specializing in federal appeals.
Brian, don’t forget the appeal will be in the 9th Circuit where common sense is a rare commodity.
Sunshinegurl on December 06 at 8:48 p.m.
An early Xmas gift, thank you judge!! SorryI didn’t get you anything.
brianrbreen on December 06 at 8:50 p.m.
@Shelala
Yep, I mentioned that earlier. CO will reach the top spot right after Van sickle. I’ve never watched Law and Order but I’ve had very few clients that ended up wearing the slick shorts that didn’t blame the lawyer, me or both. Of course the ones that walk think you are the greatest thing since sliced bread.
brianrbreen on December 06 at 9:00 p.m.
@amn
You are probably right. Something I have never been able to figure, I would think we have some capable folks here and it would be a heck of a lot cheaper.
Don’t forget, the 9th Circus panel heard this regarding the innocence issue and the way I read their decision it didn’t sound particularly good from the sand point of an appeal. Basically they left the call up to Van Sickle and it didn’t sound to me like they were real happy with the facts, but it wasn’t en banc, so who knows. I defy anyone to read their minds.
Jethro_toll on December 06 at 9:04 p.m.
and the beat goes on…
I wonder if they will let Karl blog from the Fed Pen.
So anyone got an idea how much all this justice has cost the tax payers?
jessiepn on December 06 at 9:15 p.m.
I do freelance proofreading for academic presses, but if the Spokesman wants to pay my going rate I’d be happy to proof their articles for them. They need someone doing it (though misjustice does her best…).
Shelala on December 06 at 9:16 p.m.
@Jethro
Good question. I’ve been asking that and about supporter’s finances all along. I don’t think KT can blog at the pen, but he will have a lot of time to work on his appeal if they lock him up pending the appeal. I hear tell appeal research is a popular pastime there. Right up there with woodworking.
brianrbreen on December 06 at 9:30 p.m.
@Shelala
Where he is going he will have access to a computer and will have monitored email. But no blogging.
amn on December 06 at 9:31 p.m.
Brian,
Funny thing is my only time before the 9th Circuit, I convinced the judges to overturn a jury verdict against my clients by fuzzy foreigners. Even a broken clock is right twice a day. Van Sickle gave the defense almost all it wanted, so I wouldn’t hold my breath if I was Thompson or his attorneys.
brianrbreen on December 06 at 9:34 p.m.
@amn
My sentiments exactly.
meghannc on December 06 at 9:37 p.m.
@jessiepn, the articles are edited. This just happened to get posted a couple minutes before the edit went through. Carry on.
Ron_the_Cop on December 06 at 9:38 p.m.
LOL everyone:-)
Meghann when will Clouse be back and handling the Zehm case again?
On a related note Shannon Sullivan appeared on the Mike Fitzsimmons Show yesterday. Fitzsimmons was his usual self but Shannon held her own and didn’t lose her cool. I have to give it to Shannon for having cojones that seems to be in short supply in this town.
Anyway you can listen to the show and read more on my blog re my email to Fitzsimmons. IMO opinion Tucker probably is the one most responsible for the climate that allowed the death of Zehm to occur and the subsequent cover-up to occur. Tucker either knew or should have known of the cover-up.
As I said in my email to Fitzsimmons:
PlanB on December 06 at 9:44 p.m.
This from a judge that in my opinion has been biased towards the defense. Good call.
brianrbreen on December 06 at 9:48 p.m.
@jessiepn
If you want to hone your skills just follow me around for awhile.
amn on December 06 at 11:25 p.m.
PlanB,
Van Sickle hasn’t necessarily been predjudiced for the defense. He is a good, smart judge who saw the evidence mountain piled up against Thompson. As a judge, you know when cases are going up on appeal. This is a prime example of that situation. The defense is going to have a hard time on appeal when almost all of their motions were granted. I am interested to see how much time Van Sickle sentences Thompson to serve.
Ed Byrnes on December 07 at 12:08 a.m.
I am pleased that this case continues moving in the direction of justice for us civilians in Spokane.
Now to continue with the work of challenging the culture of entitlement that allowed this mess to get as far as it has, and to institutionalize direct civilian participation in police oversight.
Ed Byrnes
Ron_the_Cop on December 07 at 6:01 a.m.
Newer post for this article:
http://www.spokesman.com/stories/2011/dec/07/defense-request-rejected/
Sadbuttrue on December 07 at 6:38 a.m.
It is hilarious when a cop gets entangled in the same criminal justice system that they so gleefully consign people to, where they tirelessly demanded that the courts impose maximum sentences. And if they don’t, the cops pout publicly and campaign against the judge for “being soft on crime.”
Let’s hope that Klubber demands a stiff prison sentence for himself, like he did for everyone else.
And when cops willfully violate our constitution and a criminal defendant goes free, well, it was due to a ‘technicality.” I suspect that with this incursion into the criminal justice system, klubber will join the ranks of the previously self-righteous “tough on criminals” gang and upon release from prison, will energetically campaign for reforms. Tasting the same poison that you heartlessly wished on everyone else tends to prompt a bracing reevaluation of your moral compass.
Jack Abramson, the disgraced lobbyist who once tirelessly advocated for stiff prison sentences and other paranoid right wing nostrums, has now joined Chuck Colson and G. Gordon Liddy in publicly calling for reforms of our dysfunctional justice system. Included in this agenda of the once high and mighty is abandoning the War on Drugs, abolishing mandatory minimum sentences, eliminating 60 or 70 percent of cops. And now that the cat is out of the bag, Abramson is also demanding campaign finance reform!
arliacne on December 07 at 12:24 p.m.
I’d like to see two things occur with regards to employment in the SPD, at least so far as employment as a law enforcement officer:
1. If you are going to uphold the laws of the City, your primary residence must be within the City limits, certainly not Idaho.
2. All SPD officers must swear a loyalty oath to the citizens of Spokane which supersedes any oath or allegiance to SPD.
Shelala on December 07 at 1:11 p.m.
@arliacne
I agree with you. A SPD Officer should have an investment in the city he serves. One step closer to closing the we vs them gap if they realize they are a member of the community. I’d knock off lateral transfers and invest some bucks in some psychological testing. Expand the hiring panel to include a civilian voice and adjust/expand the weight given on testing, education and fitness to include a community involvement requirement. If a hiring prospect were to include a short stint in John’s House of Charity soup kitchen along with firearm training at the gun range, maybe he/she would enter the department with a greater understanding of a diverse population.
misjustice on December 10 at 11:59 a.m.
*** the Court is satisfied they ignored them.”***
Sooo many questions!!
Just because the jury was TOLD to ignore the media does not mean they did so. This was a huge red flag when the jurors requested more information about Zehm during trial, but the judge said he responded by telling them THAT additional information had been excluded before trial.
How or why did they ask for specific information? How would they know to ask for the info if they hadn’t heard or seen something to alert them to their questions?
Just another reason for the defense to cry foul.
ron the cop……your remark about Shannon Sullivan having cajones? That is a chauvinistic remark if I’ve ever heard one!! Go find yours & apologize to all the woman out there that actually stand up to chauvinistic jerks like you.
misjustice on December 10 at 9:54 p.m.
Awww, ain’t this cute? Erin is gonna do “research” to help clear her mentor Karl the Klubber.
From the WE HEART THOMPSON FaceBook page…
Erin Blessing
HI everyone, I am asking for some help. I am looking for links to factual articles/documents to support Ofc Thompson and the true story of what happened. Efforts are underway to correct misinformation out there about this case! Please help by sending me any web links you can find that point to why Ofc Thompson was doing his job as trained to do and anything that helps correct the way this case was portrayed,,please! Think of out of the box, anything from training documents to articles that cite accurate info is appreciated. Please help ASAP. Thank you so much, anything is appreciated, and if you are not sure, send it to me anyway!” 100% 505
4 hours ago · 2 people like this..
http://www.facebook.com/pages/We-Support-Karl-Thompson/130290690659
brianrbreen on December 10 at 10:06 p.m.
@misjustice
“Ofc Thompson was doing his job as trained to do”
The city might be shooting for severance since the conviction , which would put KT on his own, and the Zehm family SOL on any money from the city. Doubt if a severance would work based on the facts but might have some people a little worried.
misjustice on December 11 at 8:50 a.m.
“Efforts are underway to correct misinformation out there about this case!”
Efforts? By whom? Officer Blessing? The Guild? And efforts to do/accomplish what? Acquittal of KT in the court of public opinion? Or are they just going to do an edit on the KT Wiki page?
What the he-double-toothpicks is going on behind the scenes?
Shelala on December 11 at 12:05 p.m.
I question Kt’s ability to transfer his assets to avoid taking a financial hit a result of his trial. Most people can’t transfer assets to be eligible for benefits whether it for public assistance, disability benefits or even bankruptcy protection. Apparently, he can to protect his hard clubbed money from having to pay his legal fees or a lawsuit. If John Q public’s underage kid threw rocks at your neighbor’s windows, you’d be on the hook to pay for some nice looking glass. If granny needs to go to a nursing home, she’s gonna have to blow through her savings and assets and is not allowed to transfer them within a given time to try and save them for her heirs. In a perfect world, I’d like to see momma Zehm mowing the lawn of a nice Idaho home once belonging to KT. Maybe they should have turned over that wristband money to pay Otto’s funeral expenses.As it is, KT will go from club fed to a sweet life in the Idaho mountains in a few years if his conviction holds.
ChiefsFan21 on December 12 at 2:07 a.m.
It amazes me that nobody is getting officers like erin blessing off our streets.She has already stated that this case has effected here job tremendously and that is a major liability to the residents of spokane.What about the 50 other saluting clowns?The city council, mayor, and even an apologetic police chief have already stated their disapproval but yet they refuse to protecxt the public from it?It’s bad enough they can’t get their own conviceted felon locked up while the very citizens they’re failing to protect is flipping the bill but now a whole mess of the corruption supporters have come out of the woodwork and now there’s an even bigger problem on our hands.What’s it going to take for our money to actually go to some good use?What’s really sad is not ONE officer who’s oathe was to protect this public has come out and stood up for what’s right.Because they live in fear of losing their job or retribution from within their department?That’s sad.It shows that we don’t have ONE good officer that is willing to stand FOR THE PEOPLE.