Spokane7
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December 8, 2011 in City
Clark: Van-Tastic decision takes load off for Team Otto
Everyone snap to attention.
Please click your heels together as we offer an SPD-worthy salute to U.S. District Judge Fred Van Sickle.
The judge on Tuesday unveiled a 10-page response to lawyers wanting to grill those jurors who last month found former Spokane police officer Karl Thompson guilty of felonies stemming from the 2006 beating (and subsequent death) of Otto Zehm.
To paraphrase:
No soap, shysters!
Van Sickle ruled that there is NO (non, nada, nyet …) evidence to merit such a request.
It’s a major setback for Team Thompson.
Being able to conduct such a witch hunt could help advance the fiction that some jurors could have been swayed by information televised prior to the conviction.
Which would pave the way for a retrial, of course.
“The Court repeatedly instructed jurors to ignore media accounts of the trial,” reasoned Van Sickle. “Thus, to the extent jurors were exposed to such accounts, the Court is satisfied they ignored them.”
Judge Van-Tastic is rising to the top of the Clark Column Christmas Card List.
Never fear, however.
If anyone thinks Team Thompson won’t make the Dec. 14 filing deadline for a new trial, well, I have some oceanfront property in Hillyard for sale.
Even so, Van Sickle’s decision puts the odds of a Yakima sequel on a par with me being a first-round selection in the next NFL draft.
There’s only one date worth thinking about, and that’s Jan. 27.
On that day Thompson is to be sentenced for what he did to the innocent and mentally ill janitor five-plus years ago in a Spokane convenience store.
For those of you who have just returned from a lengthy space voyage …
Zehm was in a North Division Zip Trip shopping for junk food and unaware he had been mistakenly reported as a possible thief by two young women at an ATM.
Thompson caught the call. As the store video shows, the veteran officer charged into the store like he was raiding one of Al Capone’s gin-laden warehouses.
Thompson began beating the confused man with a baton practically from the moment he caught up to him.
Zehm was clubbed, shocked and eventually hog-tied. He died two days later.
It took a federal indictment and a lengthy Yakima trial to get to the truth. On Nov. 2, the jurors ended their deliberating and dropped the “G” bombs on Thompson.
Guilty for beating the unarmed man.
Guilty for lying about what he had done.
Since then I’ve nervously awaited a ruling on this nonsense about the jury. Can’t help it. Strange things have been known to happen in that netherworld we call the judicial system.
But I found it quite telling that Team Thompson member Courtney Garcea claimed she saw jurors within eyesight of TV airing news that contained prejudicial information about the trial.
Did she report it to the court?
No.
She held off – until after the conviction.
Hmm. A cynical person might proffer that Garcea may have been trying to have it both ways.
This hypocrisy didn’t pass the judge’s sniff test, either, as our news account reported.
“Had the lawyers alerted him to the exposure at the time, Van Sickle said, he ‘could have made inquiries and taken appropriate corrective action.’ ”
Nice try, Courtney.
Mommas, don’t let your babies grow up to be criminal defense lawyers.
Doug Clark can be reached at (509) 459-5432 or dougc@spokesman.com.
Recent stories by Doug Clark
Doug Clark: Roskelley’s candidacy is all downhill from here May 27, 2012 15- Clark: No clear inspiration for ‘Spokane Motel Blues’ May 24, 2012 6
- Professor’s ‘Motel’ mystery needs you to solve it May 22, 2012
- Clark: City ordinance shows lack of sound thinking May 20, 2012 21
- Doug Clark: Many wrongs, one big right in Zehm case May 17, 2012 24
D Statler on December 08 at 8:05 a.m.
Team Otto has already won Doug. Otto’s unwarranted death has effected obvious changes in Police procedures. One need look no further than the track record of SPD since the tragic event. I can only hope that Steve Tucker’s crew can reform and take the lead in cleaning up the rest of our legal justice system mess. That issue has yet to be addressed. Thanks to Judge VanSickle for not caving to coersion of outside forces.(50 SALUTING DUMMIES) Judge VanSickle has shown much stronger morals than our superior judges that cave to 13 deputy prosecutors standing in her courtroom.
God Bless the Zehm family during this Holiday season. Your loss has not gone in vain. Thankyou to the SPD for changing the policies and procedures that let this happen.
generallyspeaking on December 08 at 8:22 a.m.
Hey Doug…why don’t you ask Tom Clouse WHY he didn’t report it to the court when HE saw the jurors watching the TV when the Zehm information was being streamed across the TV….He apparently even made a comment to the affect that they shouldn’t have been watching that…..
brianrbreen on December 08 at 8:38 a.m.
@justme09
You forgot to add the accusation that Clouse “even commented to the defense team “they shouldn’t be doing that”…..” Was that an oversight, or did you get to thinking about it?
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……
brianrbreen on December 08 at 8:55 a.m.
@justme09
I’m not lonely, my dog is right next to me.
Only pointing out you neglected to add that supposedly Clouse mentioned it to the defense team. Kinda narrows it down…doesn’t it?
Just a little detail I noticed.
brianrbreen on December 08 at 9:10 a.m.
@Justme09
Just another little detail I noticed, you keep harping on this stuff about Clouse and the jurors. Even if Clouse went to the Judge, or whoever, according to you Clouse isn’t creditable any way, so why should anyone believe him.
Justme09 on November 15 at 5:14 p.m.
As if Clouse is a believable reporter…I would not trust ANYTHING this clown says…..Spokesman should be ashamed to employ this bafoon…..Oh what am I saying…It’s the rag tag Spokesman Review….
brianrbreen on December 08 at 9:14 a.m.
@Justme09
You got that right just ask her.
You aren’t sweating anything are you? Hell, I wouldn’t worry I can’t pay attention to detail.
generallyspeaking on December 08 at 9:20 a.m.
It’s not, “Whoever”, it’s “Whomever”….Not sweating a thing….why would I? Just because a citizen, believes in our police department, you assume they are personally invested….one shouldn’t assume.
brianrbreen on December 08 at 9:25 a.m.
@Justme09
Well I hope the SPD isn’t providing confidential information to private citizens about folks with mental health problems, that’s a no no for whomever.
Justme09 on November 16 at 8:08 p.m.
Sunshinegurl…YES they have….as a matter of fact this same woman was pulled off the bridge a couple of years ago by SPD….
BlondeSquawker on December 08 at 9:31 a.m.
Rest In Peace, Otto Zehm.
brianrbreen on December 08 at 9:36 a.m.
@Justme09
Not to worry my proof reader should be here soon to edit.
Gee, you can get the name of jumpers from the Internet. I didn’t know that. I thought people taken to 8 North enjoyed HIPPA protection.
Hey, three more and Clark owes me a drink, so keep trying.
brianrbreen on December 08 at 9:52 a.m.
@Justme09
I know a little about HIPPA laws not as much as you of course. So how did you find out that it was the same women that SPD pulled off two years earlier?
Come on two more please…..
BlondeSquawker on December 08 at 9:57 a.m.
Justme09: Buh, bye. Don’t let the door hitcha where da good lord splitcha.
Slightlyworried on December 08 at 10:01 a.m.
When Tucker said he was going to be a ‘hands on’ prosecutor I didn’t know he meant hands on his golf clubs and hands on a beer at the Globe Tavern after 18 holes. The reason that Karl Thompson felt comfortable beating the hell out of Otto was that he knew Tucker had his back. What Thompson did not count on was the Feds. Thank you DOJ and Judge Van Sickle.
Jethro_toll on December 08 at 10:19 a.m.
Karl the Klubbers future.
http://usnews.msnbc.msn.com/_news/2011/12/08/9300523-former-prisoners-blagojevich-faces-rude-awakening
brianrbreen on December 08 at 10:38 a.m.
@generallyspeaking/justme09
Why would you change your screen name again? I’m not going to tell anyone.
generallyspeaking on December 08 at 11:00 a.m.
Do I need to explain how it works? Although the names are linked…changes passwords and such….educate yourself would ya? Not to worry…I am sure my Justme09 screen name will eventually filter back through in the next 5 maintenance updates…..
brianrbreen on December 08 at 11:04 a.m.
@generallyspeaking/justme09
Yah, right….and sure enough…..See I don’t have a problem with using my real name. But I understand why you don’t.
That did it got them all in …Thanks by the way. Now if I can just get him to pay off.
brianrbreen on December 08 at 11:19 a.m.
@generallyspeaking/justme09/nosheet
Getting your butt kicked is a pain in the old arse isn’t it?
John_Fever_Richmond on December 08 at 11:59 a.m.
@generallyspeaking/justme09/nosheet
Grab some tissues, because you’ve got some issues! When you point at that weenie Breenie how many fingers are pointing back at you DBag? You obsession with him borders on unhealthy there dude!
@ CO
Too little too late baby? LOL!
@ Steve Tucker
Can I get my backpacks back that they found up by the border, (and my $20,000 in Christmas $)?
Shelala on December 08 at 12:10 p.m.
Okay, it took thousands of tax payer dollars, a load of collateral damage and a lot of public outcry to bring just one bad apple to justice. Looks like Thompson might be celebrating the new year in federal prison. IMO, it’s not good enough and it isn’t going to be over until the the SPD cleans house and makes some changes to ensure there is never another Otto incident (RIP, Otto). Brian suggests that the saluting 50 might receive a letter in their file. Ooooh, that will show ‘em we mean business. Their actions have shown an obvious contempt for the judicial system and the citizens they serve. They have rendered themselves ineffective and a liability.Those KT supporters who have publicly expressed their disdain for citizens who do not share in their support also need to be be introduced to the unemployment line. I do not know any of them personally, but i know their names-that’s telling in of itself.Every employer in the private sector would hardly tolerate any employee who detested their clientele. Ultimately it is an employer/employee relationship and not a divine calling. Let’s replace them with vetted new hires with some community service experience under their belt. A short stint in John’s House of Charity soup kitchen might be a real eye opener.
nslopeofw on December 08 at 12:30 p.m.
Once Karl gets to the big house, he will be willing to do what it takes to reduce his sentence. That means ole generallyspeaking/justme09’s pattootie will begin to pucker. He and the other SPD people involved in the killing/cover up will need good lawyers. Justice is coming!
Birdog on December 08 at 12:35 p.m.
Klubber Karl will be out of prison within 3 years…good behavior and a judicial system that leans toward the guilty party..
brianrbreen on December 08 at 12:38 p.m.
@Shelala
I’m trying to be realistic with respect to the discipline, not that I disagree with you. Right now I’m just hoping for something….anything. Not knowing the IA background of all involved one has to consider progressive discipline as well. Some may be deserving of more than just a letter depending on their IA history.
Things are beginning to quiet now as one would expect from the standpoint of overt citizen distain, which is a good and bad thing. The good thing is at least some have shut up, the bad thing is that it goes underground, and that is why there is a real need for oversight and leadership.
There are some outstanding cops on that department some of whom are starting to move in the right direction as far as the issues are concerned, and as a citizen I will support anything they do, and will help in any way I can. But I don’t look for much to happen until after the first of the year. When, and if the, McIntyre shoe drops you won’t see all the crap that you did from a select few like with KT.
A short stint at John’s kitchen would be good for anyone.
misjustice on December 08 at 12:59 p.m.
generallyspeaking/justme09/nosheet = multiple personalities, all of them miserable AND obsessed with Brian…
I warned you, Bri…
; )
??Riddler?? on December 08 at 1:00 p.m.
?? Jethro Troll ??
?? Karl the Klubber ??
Be particularly careful that you do not awaken the Avenging Angel of Alliteration!
?? M******* The M**** M***** of M*********** ?? *
*Note: Contains references to mental health and personal habits.
brianrbreen on December 08 at 1:05 p.m.
@misjustice
It goes back a ways. But heck, my dog loves me….or at least I think she does.
Shelala on December 08 at 1:34 p.m.
@Brian
I agree to a point. I am well informed about progressive discipline, yadda yadda yadda, but I am of the opinion that their actions and attitude are a direct threat to the public. Thompson obviously snapped and all his “years of training and experience” weren’t enough to override his reactions that led to Zehm’s demise. Aligning themselves with Thompson’s camp and being vocally offensive tells me they obviously condoned Thompson’s actions and how he applied his training.They believe his response was proper. Indeed, several posts on his support page tell of their admiration for his guidance. I think this rises above the level that calls for progressive discipline and has advanced to being a danger to the public. IMO each day these officers are armed and on duty, is a poorly calculated risk..I would venture to say, a large part of our community is steering clear of any SPD contact. No one wants any possibility of being another Otto. As far as these invisible “good cops” .they’ve entered the race at the end of the finish line. Where were they when everyone else was huffing and puffing up Bloomsday hill? I am really not content to take a wait and see attitude. Take em off the streets.
generallyspeaking on December 08 at 1:46 p.m.
@Brian…sorry to have to bust you out on you inept “detective” skills….but I am not nosheet…..However, I do find it quite hilarious that you spend so much time trying to figure me out……..
And if anyone is obsessed with anyone…it is Brian obsessed with me….as he seems to hang on my every word…and constantly is looking at my previous posts…..I don’t care THAT much about him nor what he says to spend THAT much time on him…..
generallyspeaking on December 08 at 1:47 p.m.
Oh…and I meant to sign that Justme09…in case Brian already forgot…..
brianrbreen on December 08 at 1:55 p.m.
@Shelala
I totally understand, but out of those 40 plus there has to be something salvageable. And don’t forget how deep this went, there was a Major there, second or third in line.
Maybe I’m getting soft in my senility, I don’t know.
I bet there are a lot of people on promotion lists that would like to see them gone.
I know they have been forced to something down there I just don’t know what as yet.
I can’t speak for the guys/gals that haven’t spoken up, and I guess I can’t really justify it.
But when a cop that wants to speak up reads this, how do you think their mind is working.
Craig Meidl
I was present today at the court proceeding where Karl was taken into custody. There has been a lot of confusion about the hand salute as Karl exited the courtroom. I talked to the officer that called for “present arms” and he was mortified to learn that members of the Zehm family were still in the courtroom. The proceeding had ended and several people had exited. It was his belief, and mine, that the only people remaining were officers and members of Thompson’s family. The show of respect was not about the incident involving Mr Zehm. The show of respect was for the officer that we all knew and were friends with. It was for the officer that was highly respected and looked up to by so many officers. >cont<
Craig Meidl
>cont<
The officers on our department are hurting. We hear all the bad things being said about us and each one causes a little more bleeding. We are trying to heal. We want to heal. We want to do the best we can for our community because it’s the right thing to do. We would never do anything intentionally to hurt this community or members of this community and I am saddened that there are people that feel that way. We are committed to our oath of office. I pray that you extend us some grace during this time and help us heal.
Major Craig Meidl
Shelala on December 08 at 1:55 p.m.
BTW, A bad analogy, but I really like bad analogies, the Acting SPD Chief or whomever is in charge now is like driving around in a a vehicle with faulty equipment. If they crash and burn because they failed to fix it. It will as much their fault as the faulty equipment because they decided to run with it and took the risk.
brianrbreen on December 08 at 2:05 p.m.
@generallyspeaking/justme09/nosheet
Thanks, I wouldn’t have picked that up.
BTW; I didn’t delete the post you made with my wife’s name on it, someone else did. Might be a good thing though, she one hell of a lot tougher than I am.
generallyspeaking on December 08 at 2:08 p.m.
No doubt she is….and in case you’re wondering….don’t really care what post was deleted….Justme09
Shelala on December 08 at 2:11 p.m.
@Brian
Cry me a ****river, Major. How about something like. “I’m not Karl Thompson and I don’t condone his actions and I can’t even figure out why I am even in attendance”. If I were one of those “good guys” I think I would have asked a note be placed in my file that documented I was at least uncomfortable with other officer’s show of support for Thompson and didn’t want it to reflect upon my continued service to the community. Flying under the radar doesn’t make you a good guy.
brianrbreen on December 08 at 2:17 p.m.
@Shelala
My sentiments exactly. The problem is I’m having trouble finding someone in that group that didn’t salute, and it looks like there may have been some pre-planning.
brianrbreen on December 08 at 2:20 p.m.
@Shelala
You have to admire the bang-up job some of their advocates do on here don’t you. It instills so much confidence.
Shelala on December 08 at 2:56 p.m.
@Brian
Of course there was pre-planning. Does anyone really think it was a spontaneous outburst like a song in a broadway production? If you look at the supporters in the totality of their efforts, its obvious they feel untouchable- from the “non-profit ” branding of their FB page, the questionable sale and marketing of those crappy little wristbands, their vocal disdain for the public or the salute. Their continued efforts simply substantiate what I already think. I guess I am not willing to look for recyclables in the trash to build a sustainable house.
brianrbreen on December 08 at 3:40 p.m.
@Shelala
I believe it was pre-planned, but in order to prove that and determine who was involved in the planning and the dissemination of the plan to the actors we have to rely on the IA Investigation and that each officer involved is truthful. Unless something comes up in the radio traffic, which isn’t beyond the realm of possibility.
What we are left with is having to rely almost entirely on the credibility of the IA cases, and the judgment of the brass regarding any disciplinary action. I’m sure some won’t be happy with that, perhaps including you and me.
I look at it as great opportunity to begin to head in the right direction…I guess we shall see.
I hope you do something as far as the non-profit facebook thing is concerned.
If I was the big Kahuna they wouldn’t be wearing those bracelets on duty.
(o) Visible jewelry, other than those items listed below, shall not be worn with the uniform
unless specifically authorized by the Chief of Police or his/her designee.
1. Wrist watch.
2. Wedding ring(s), class ring, or other ring of tasteful design. A maximum of one
ring/set may be worn on each hand.
3. Medical alert bracelet.
brianrbreen on December 08 at 3:45 p.m.
@Shelala
Then again, maybe because KT had Kirkpatrick’s “unequivocal support”, she okayed wearing the bracelets.
Shelala on December 08 at 4:34 p.m.
@Brian
My casual off hand accounting as to the amount of funds collected as a result of the FB promotion for the sale of wristbands based solely upon their own remarks and in consideration that they were offered in return for a $10.00 donation is conservatively estimated in excess of $10,000.00. That is not including direct donations to the fund. Frankly, this is just an educated guess. There is a written FB entry on the site encouraging more donations claiming more money was needed to hire expert witnesses for KT’s trial. I don’t understand this request because I can find any where in which a taxpayer paid defense attorney can accept these funds for payment of any witnesses or even other costs. I was under the impression that these costs were included in the amount paid by the government for his defense. What did these funds buy? Most every non profit I have ever encountered were upfront and proud of the funds collected and readily offered up exacting financial disclosure.(ever watch a telethon?) Why have they not stepped forward - even if it was to me and others in my place and tell me I am all wet? There are a lot of supporters reading and/or posting in these blogs. How about an answer and I will shut up.
brianrbreen on December 08 at 4:43 p.m.
@Shelala
If I had an answer, I would give it to you , I just don’t. Some of them think I’m doing okay on my own.
Shelala on December 08 at 5:05 p.m.
@Brian
Sorry, I was referring to asking those supporters to come forward and answer. Maybe I shouldn’t be holding my breath, eh?
brianrbreen on December 08 at 5:43 p.m.
@Shelala
Oh, I gotcha now. No I wouldn’t hold my breath you are probably as “irrelevant” as I am. Maybe someone will make a complaint to the proper authorities.
Shelala on December 08 at 6:51 p.m.
@Brian
Time to toot the whistle
lewis8457 on December 08 at 7:13 p.m.
Is “generallyspeaking” a piglet? Is that why he is scared to use his real name?
ChiefsFan21 on December 08 at 9:39 p.m.
Bang on again Doug.Another fantastic article that couldn’t be any further from the truth.The sad thing is they STILL don’t have Karllocked up like he should be.But it’s coming.