Spokane7
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December 7, 2011 in City
Judge denies request to interview Zehm jurors
Judge finds no reason to interview jurors who convicted Thompson
Thompson
(Full-size photo)
A judge has denied a request by former Spokane police Officer Karl Thompson’s attorneys to interview the jurors who convicted Thompson 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 underpinned their effort to have the case retried. “The Court repeatedly instructed jurors to ignore media accounts of the trial,” Van Sickle said. “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 eyesight of the newscast on Nov. 1 and Nov. 2, but she didn’t tell the court until after Thompson was convicted.
Van Sickle noted Garcea’s delay 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 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.
Defense 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 juror 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 a North Division Street Zip Trip.
Sentencing is scheduled for Jan. 27.
Human trafficking suspects released 
ChefGus/ John Olsen on December 07 at 5:07 a.m.
Come on….You do the Crime, you do the Time… “Have you no sense of decency” (McCarthy hearings) john
Ron_the_Cop on December 07 at 6:00 a.m.
See the earlier comment thread of this article.
http://www.spokesman.com/stories/2011/dec/06/judge-denies-thompsons-request-question-jurors/?c=381820&comments=1#c381820
…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 Fitzsimmon . . .
Shadedmuse on December 07 at 1:50 p.m.
Thompson is Not guilty and this trial was a sham.
brianrbreen on December 07 at 1:52 p.m.
@amn
Assuming that Judge Van Sickles ruling on the Jury is a sign, which I think it is. The next thing for me is what Thompson says at sentencing. You know as well as me that it will be important from the stand point of the FSG to admit just how wrong he was. I’m wondering if at that time he will finally reach out to his constituency and say; Look folks, it’s me, not anyone else, and I was so selfish with how I brought people in and was successful in doing so, just for my own interests. I want you guys/gals to realize that some times we don’t have sight of the fact of what our mission really is.
Let us see whether or not Thompson really is what I think he is….a CS… and see what happens after he finally admits it, or not.
An attempt was made to warn some people on the SPD what would happen, and it went for not.
It is not like I am not used to this, seen it before, done that, but this really hurts, especially people I thought understood.
@Meghann
Now take the time to go back and look. KREM had Judge Quackenbush making the decision, Whether they corrected it or not I don’t know, but I did laugh at it.
Go listen to some of the old folks, who kinda know what’s going on. Save the story until you get every thing including the Investigative Divisions Stats. Something you won’t be able to get without a battle even though they are there. Any thing under 25 cases a month for property crimes is a complete joke. It might mean someone has to keep track of where the Detectives are and what they are doing., but that boils down to accountability. The SPD is in the unfortunate position of having to assign Detectives to property crimes where issues regarding Brady are less evident, that is another thing for you to address.
Unfortunately the SPD is in one hell of a bad situation right now, don’t fall into the trap of what Jen or anyone else says. It ain’t good, and keep this in mind the backbone of any Police Department is the patrol division, backed up by the Investigative Division, and until such time as it isn’t us against them or them against us, it ain’t going to happen.
I think you will find that, the SPD is going to hire some lateral transfers from other departments. Which is fine, as long as they are required to take a polygraph, and do the nut job evaluations just like a kid off the street would have to do.
One of the things you might find in your research is that some SPD cops have been booted from federal task forces, primarily because of the attitude that permeates the SPD.
Do me a favor kid, when Wasson and Graham tell you to got out and get it. Do just that!
brianrbreen on December 07 at 1:54 p.m.
@Voltz
How am I doing?
brianrbreen on December 07 at 2:24 p.m.
@misjustice
Where are you? That should be “get out and get it”” not “got out and get it”.
Ron_the_Cop on December 07 at 6:07 p.m.
LOL Brian,
Did you forgot the kitchen sink in your post? :-) Don’t get me started on the SPD property crimes unit and the current case I have involving a cat burg in the Co with $75K in jewelry was taken. The SPD was not very useful even though most of the suspects were in the City as well as some of the major pieces were offed in Spokane.
The loss of the property crimes unit is a political shell game by both the City and Tucker’s priorities within the prosecutor’s office. SO Det. Bob Sola worked with the info I developed with the victim and now has charges pending on eight suspects. The paperwork has been sitting on Dep Proseuctor Shane Smith desk for over two weeks even though this crime could have turned deadly and these folks need to be off the street.
nosheet on December 07 at 6:14 p.m.
Hmm…maybe someone should have asked Tom Clouse what he saw…he was sitting with the jurors at breakfast while they watched the tv scroll at the Oxford Suites….he even commented to one of the defense team “they shouldn’t be doing that”….odd that didnt make his story……
misjustice on December 07 at 6:17 p.m.
Aww, Bri, ya don’t need me afterall…you are able to self-correct!
; )
D Statler on December 07 at 6:28 p.m.
Time to put this behind us and insert one janitor beating,excessive force weilding,Spokane Cop in jail. He is what he is and belongs right where the jury wanted him. Treat this corrupt cop like any other out of control citizen would have been treated. Why were at it.There were numerous other SPD at the scene sharing blame for this death. It is time for Tucker to bring them to justice please.
Ron_the_Cop on December 07 at 6:50 p.m.
Undooly
Fat chance of Tucker filing any charges. BTW KXLY found him today to comment on the recall.
Here’s the link to KXLY’s report/video Tucker surprised by recall effort - http://www.kxly.com/news/29947512/detail.html
lewis8457 on December 07 at 6:52 p.m.
tucker wont do anything but stay drunk we can all be sure of that, it will take the fed to clean house, tucker is next to worthless.
D Statler on December 07 at 7:53 p.m.
I wanted to keep going on the recall of Steve Tucker also. Lets keep this thread on track with the knowledge that the Thompson conviction has already effected change in Spokane. Shannon Sullivan’s efforts will hopefully help to effect the remaining changes needed here.
Thanks for the update Ron
brianrbreen on December 07 at 8:24 p.m.
@nosheets
Assuming what you are saying is true, here is an interesting quote from the Judge’s decision. I don’t see anywhere in the decision where it says Clouse had a duty to tell anyone anything. Seems to me the Judge implies the defense sorta, shoulda, brought it forward at trial.
“However, the defendant did not bring the broadcast to the Court’s attention that morning. Had he done so, the Court 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. Again, the presumption is that jurors followed those instructions. Id.”
Ron_the_Cop on December 07 at 8:30 p.m.
Brian,
Looks like CO outsmarted himself trying to hold this ace in the hole:-)
brianrbreen on December 07 at 9:16 p.m.
@Ron_the_Cop
It seems “nosheet”….doesn’t like…Tom Clouse….any better than…. “justme09” does!
Maybe Clouse should start taking the cops some cookies every day.
misjustice on December 07 at 9:21 p.m.
@ noblanket/sheet out in the cold: Is Tom Clouse an attorney????? What was his duty to the court????
; )
Just askin’…
Shelala on December 07 at 9:24 p.m.
@Brian, Ron
Seems like saluting 50 are mighty silent right now. If KT’s conviction holds, I wonder how this will effect their performance and/or their attitude towards citizens in the future. Maybe time to leave and get a job without public contact. Don’t let the door hit you in the a**.
misjustice on December 07 at 9:33 p.m.
@ Shelala; they are even silent on the WE HEART THOMPSON FaceBook page. Narry a post on the latest court ruling…strange…also strange is the line under the page header calling it a “non profit organization”…
Shelala on December 07 at 9:40 p.m.
@misjustice
Yea, been like that for some time. How do you think those wristband sales are going? Ya think they collected enough money for his defense or maybe they can use the remainder for his prison fund, Might buy a lot of Cheetos and soda.
Ed Byrnes on December 07 at 10:21 p.m.
I don’t think the offender will actually own up to his own behavior and will try some sort of appeal to the judge based on his record of service. I am thinking that Judge Van Sickle will see through that since heroes don’t commit felonious assaults against unarmed innocent people, and certainly don’t strike such victims from behind. In January the offender will be where he belongs with fellow offenders.
Ed Byrnes
misjustice on December 07 at 10:30 p.m.
@ Shelala, but the taxpayers are on the hook for his defense. So what are the dollars raised by selling the silly wristbands really going to? A slush fund? Or is the FB page turning all of the money over to the City to re-imburse the taxpayers for Thompson’s defense?
And in order to be a “real” non-profit don’t entities have to file paperwork and do some structural things to establish that? I mean more than stating that under the header of a FaceBook page?
I dunno…I’m not that smart, and I’m a girl, with a blind fold and a toga, holding a scale in one hand and a sword in another (which is not as easy as it looks) … that doesn’t pass the smell test for me… but whadda I know?
Shelala on December 07 at 10:36 p.m.
Being a little introspective here, but step back and look what it takes, both monetarily and otherwise, to prosecute just one bad apple. Look at all the collateral damage. It’s not good enough to make a few heads roll. Changes have to be meaningful and the message has to be clear. All I see now is a bunch of political posturing, power grabs and finger pointing by the people who have the actual ability to effect swift change. I think some of our leaders even see opportunities to advance themselves as a result this tragedy (you listening, Ozzie?). No wonder the general public believes they can do a better job of demanding change. We haven;t forgot the victim.
misjustice on December 07 at 10:50 p.m.
“No wonder the general public believes they can do a better job of demanding change.”
I agree, to a point. I went onto the “Recall Tucker” FaceBook page and I still have reservations about Sullivan and her efforts. I doubt that what she is trying to do will affect the change in the Prosecutor’s office that many citizens want…and I also have issues with her own record which goes beyond her discharging a firearm, IYKWIM…
It’s one thing to “demand” change but a totally different thing to help determine what that change should be and how it should be shaped. I’m still not convinced that simply recalling No-Charge Tucker will bring about the real “change” that this region needs.
*sigh*
Shelala on December 07 at 11:19 p.m.
@Misjustice
Again, I have to agree with you about the recall. I think she is to commended for wanting to step up, but I have problems with the petition itself. I think she is way over her head. Frankly, I don’t think it will fly realistically speaking, but what do I know? Not real comfortable with it for the same reasons, but she IS trying.
Shelala on December 07 at 11:25 p.m.
BTW, I wasn’t referring to the recall efforts specifically when i said “demand a change” FYI
greenlibertarian on December 07 at 11:41 p.m.
I dunno…I’m not that smart, and I’m a girl, with a blind fold and a toga, holding a scale in one hand and a sword in another (which is not as easy as it looks) …
A sword?!?. Who knew?
Haysus, I’m not gonna cross ya.
brianrbreen on December 08 at 6:29 a.m.
@Shelala
I am adamant that at the very least the saluting officers including the brass who took part should receive a file letter. The officers that may have violated a direct order should get something beyond a letter as should any officer who got physical with the media. If the department does nothing, it is a real good indicator of how the culture has been allowed to exist by leadership, and just how important picking the new leadership of the department is.
As a citizen I ask myself how can the leadership allow an officer not the defendant or under subpoena attend each and every hearing and the trial under the guise of “union business” at my expense. If in fact that happened, I find that deplorable. But what would be even more deplorable would be to try and cover it up when the public seeks answers.
As Ed continually points out we need legitimate oversight of law enforcement. As it stands now the only oversight we have are journalists like Clouse, Brundt, Cunniff, et al doing their job, like they have been, and if some SPD officers and their surrogates choose to try and belittle them, it tells me that those journalists are in fact doing their job. I for one salute them, and I think other citizens should as well.