December 24, 2011 in City

Thompson defense seeks new trial

By The Spokesman-Review
 
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Background and the latest updates

Defense attorneys for convicted Spokane police Officer Karl F. Thompson Jr. filed a motion Friday claiming everything from judicial error to juror misconduct in their attempt to persuade a federal judge to grant a new trial for charges stemming from the fatal 2006 confrontation with Otto Zehm.

The first allegation is one that has been presented twice – and twice rejected by U.S. District Court Judge Fred Van Sickle – that the government did not present sufficient evidence to show Thompson acted willfully, or with a bad or evil purpose, to deprive Zehm of his constitutional right to be free of unreasonable force.

“Second, evidence was admitted over objection at trial that unfairly tainted the proceedings,” defense attorney Carl Oreskovich wrote.

A jury in Yakima convicted Thompson on Nov. 2 of using excessive force and lying to cover up his actions during the March 18, 2006, confrontation in which Thompson struck the 36-year-old mentally ill Zehm with a baton multiple times and shocked him with a Taser in a Spokane convenience store. Several other officers arrived, hog-tied Zehm, kept him on his stomach and placed a mask on his face. He stopped breathing and died two days later.

Van Sickle is scheduled to sentence Thompson on Jan. 27. Court testimony indicated that federal prosecutors will seek up to 10 years in prison for the decorated officer.

As part of his motion – to which the government has not yet responded – Oreskovich was critical of Van Sickle’s decision to allow: testimony from a Zip Trip employee who often saw Zehm purchasing Pepsi products; evidence of Zehm’s paycheck from the crime scene; and Zehm’s comment that all he wanted was a Snickers, which “allowed the prosecution to make constant reference to Mr. Zehm’s innocence,” Oreskovich wrote.

Oreskovich again took aim at comments juror forewoman Diane Riley made to The Spokesman-Review. In an interview after the trial, Riley said that one of the jurors made comments during deliberations describing politics in Spokane as “corrupt and dirty.” She also said the jury believed “100 percent this was a police cover-up.”

“The alleged political climate in Spokane, or so-called police cover-up, was not an issue that was ever presented to the jury or a fact that was to be considered during its deliberations,” Oreskovich said. “Therefore, information regarding a corrupt political climate is properly classified as extraneous information.”

Oreskovich also criticized the jury instructions. Telling the jury that Zehm had a right to defend himself “was inappropriate and improperly focused the jury’s attention on Mr. Zehm’s actions and state of mind as opposed to what was perceived by Karl Thompson,” he wrote.

Finally, the defense attorney – who has billed more than $354,000 for his firm after being appointed to represent Thompson at taxpayer expense – claimed that federal prosecutors engaged in “misconduct throughout the course of the trial,” including presenting evidence of Zehm’s innocence.

To make his point, Oreskovich quoted Victor Boutros, a trial attorney with the Department of Justice. Oreskovich claimed that Boutros repeatedly misstated the evidence in his opening and closing arguments in an effort to influence a conviction out of the jury.

For example, Oreskovich listed the transcript of the testimony from now retired Detective Terry Ferguson, who later acknowledged that she and Detective Mark Burbridge either changed or omitted information from witness statements about baton strikes to Zehm’s head.

In his closing argument, Boutros talked about how Ferguson sent her report to prosecutors: “She knows the defendant has said deadly force is not justified, and she writes a report to the prosecutor saying not only don’t prosecute, there is no evidence, none, of excessive force,” according to court records.

But Oreskovich said Ferguson contained “no such recommendation” despite writing in her 2006 report to prosecutors that she found no evidence that Thompson or any other officer had committed any crimes.

“This reference by Mr. Boutros is yet another example of the government’s disregard for the truth, in pursuit of their conviction of Karl Thompson,” he wrote. “This behavior materially affected the fairness of trial. Therefore, a new trial should be granted.”

83 comments on this story so far. Add yours!
  • ChiefsFan21 on December 24 at 12:30 a.m.

    “Thompson’s defense seeks more of spokanes hard earned money for convicted felon”

  • Truthhurts on December 24 at 6:54 a.m.

    Oreskovich cannot be serious. This is just a rear-guard action to tie down Federal prosecutors so they cannot begin to prosecute the cover-up.

    The cover-up was the greater crime, but it was all crime. It was all conspiracy, and it all needs to be severely punished.

  • Orphan on December 24 at 7:39 a.m.

    For Gods sake Thompson man up and do your time. This just makes you and the SPD look like even bigger dirt bags in my eyes.

    I suppose that shoe dosn’t feel so good now that its on the other foot, enjoy it felon.

    Go to jail Thompson and stay there for a while the streets will be a bit safer with you locked up.

  • bez233 on December 24 at 10:11 a.m.

    You do the crime you do the time. Just because one wears a badge and a bass ackward flag does not give one the right to viciously MURDER someone! Actually everyone who partook of that savage beating need to be put away.
    Each and everyone participating acted like a pact of hungry wolves over a fresh kill and need to be haunted, forever, with the evil you have brought to our community.

    As for this ambulance chasing mentality of this so called attorney - you need to get over yourself and RESPECT and DEAL WITH the out come of the jury and the judge. Or are you in it for the money like most lawyers.

  • Open_Spokane on December 24 at 12:31 p.m.

    The new Spokane City Council should refuse to pay for this appeal. The new Mayor should be taken at his word to settle this matter without further litigation. Former Mayor Verner sided with Thompson, Condon needs to make a clean break away from this case.

    Spokane needs time to heal and to rebuild confidence in our public safety workers. Pulling the rug out from under Thompson, will send a message to all the other bad city employees that if you break the law, we won’t protect you.

    Thompson is a convicted felon and as such let his family or friends cover any further cost.

  • Ed Byrnes on December 24 at 2:28 p.m.

    As I wrote yesterday, every offender has their due process rights and the offender who is the subject of this story has theirs.

    Once this last effort at exhausting all possibilities is over the offender will go where violent felony offenders belong, to prison.

    Hopefully some of the other violent felons who were party to the Zehm incident will be similarly prosecuted then incarcerated, of course after enjoying the due process that they individually and collectively denied to Otto Zehm.

    Questioning the authority of the SPD is not equivalent with hating cops. I have worked with other LLE agencies and have seen law enforcement done professionally, hence my combined disgust with the past and hope for the future of the SPD, though some USDOJ help is needed to get there.

    If some LEOs wonder why so many of us civilians have such low regard for the SPD please realize that this is the price paid for maintaining a code of silence.

    Ed Byrnes

  • Shelala on December 24 at 3:01 p.m.

    I am completely and overwhelming surprised and disgusted that the administrator of the Karl Thompson Support page has somehow deemed it appropriate to post this report on their version of what occurred the night Otto Zehm died, especially in light of the fact has been already been tried and Thompson convicted. The administrator is a Spokane Police Officer by his own announcement on the site. Not a smart move in anyone’s book. IMO, there is no need to argue or debate the glowing discrepancies, half truths and omissions in the document because it is so patently absurd. It simply solidifies my opinion of the SPD as a department out of control IMO.https://docs.google.com/document/d/1rFRA1mmALk1rqDXRuXm7f54LcYL14XYS74kYM_488wU/edit?hl=en_US&pli=1

  • misjustice on December 24 at 3:14 p.m.

    @ Shelala, I just read the document; in other words, it’s Otto’s fault that he died. Afterall, he had a toy gun in his back pack…and a lethal weapon (soda bottle) in his hands.

    I wonder if this is what officer Blessing has been working on; following her plea for information on “what really” happened inside of that Zip Trip?

    Disgusting…SPD.

  • Shelala on December 24 at 3:27 p.m.

    @misjustice
    IMO, The mere fact that an SPD Sgt feels comfortable to post this speaks volumes for the lack of judgement, arrogance and lack of respect of members by the SPD for the public, Zehm’s family and the judicial system. It is also abundantly clear no effort has been made to even attempt to reign these risks to the public in.

  • lewis8457 on December 24 at 4:02 p.m.

    Disgusting how many times is Oreskovich going to bat? It is getting comical doesn’t CO care that he is making himself look the fool here?

    Since Van sickle said no last time Oreskovich should be taken off the case and a public defender given the case, if Thompson can not pay for a lawyer.

    Why does he get the cream of the crop? Cause he is a ex cop? I think Oreskovich is trying so hard because SPD knows if Thompson goes to prison their ass is grass. Oreskovich is trying to sway the feds from pulling in all the other 6 finest by showing Thompson is innocent even though they too help beat the hell out of Otto.

    With his failure the entire SPD is split open like a rotten tree to the feds exposing their whole hive, and hopefully the queen bee the union that allows them to kill and mam with no responsibility of any kind will be gutted and burned to cinders.

    When Thompson goes inside the SPD guild will be under fire from the master bee keepers, our federal government.

    next time u drive by the no safety here building look and see if you see any smoke yet.

  • lewis8457 on December 24 at 4:09 p.m.

    a fun past time go on the we support murders site 505 on fb and delete all the posts. just click on the x on the top right of post, it is fun using my free speech to hurt others like the SPD uses the law to hurt others by simply ignoring it.

    See i can do that too.

    Any body that supports a convicted felon even if he is a ex cop needs to be pulled in and questioned about being a terrorist.

  • Nugget on December 24 at 5:41 p.m.

    Since when did the police lose the right to free speech like any other citizen? Absurd.

  • misjustice on December 24 at 5:44 p.m.

    Well, Lewis, now you are on the 100% 505 WE HEART THE CONVICT KT FaceBook page:

    Jeanie Hilton
    Posted on the Spokesman Review:

    lewis8457 on December 24 at 4:09 p.m.

    a fun past time go on the we support murders site 505 on fb and delete all the posts. just click on the x on the top right of post, it is fun using my free speech to hurt others like the SPD uses the law to hurt others by simply ignoring it.
    8 minutes ago ·

    http://www.facebook.com/pages/We-Support-Karl-Thompson/130290690659

  • soundbarrier on December 24 at 6:58 p.m.

    Hey Carl, don’t charge Spokane taxpayers so much for your defense of Karl. You guys lost. Get over it. Spokane can’t afford it.

  • GDodd on December 24 at 9:04 p.m.

    http://www.spokesman.com/stories/2011/dec/18/doug-clark-head-crackin-karl-can-hum-his-own/?audio justus has spoken may be 505 supporters need to buy karl a live time supply of soap on a rope. lol lol buba awaits you treat him well he may be your great white hope . have a nice day. think about the long nights you will have with your new Love.LMFO!!!!!!!!!!!!!!!!!

  • D Statler on December 24 at 11:03 p.m.

    Too bad everybody publicly defended by Spokane County doesn’t receive this special representation. I would think the civil libertys union would notice this and uphold justice for all. The average indigent in Spokane County is a victim of the system. Lopsided budgets for prosecutors really give the appointed public defenders little chance of winning in court. Only a handful of the appointed attourneys are competent enough to win in court. Add that with lack of supervision at the prosecutors office and average joe is screwed for life.
    It is time to put this behind us and clean out the rest of the offending officers in the Zehm case.Then we will soon get a chance to clean out the prosecutors office for not handling this at the local level.The delay and lack of immediate action has cost the SPD trust in the community and taxpayers millions in extra court costs and huge settlements to soon follow. Our elected officials have failed us miserably. :^(
    btw: enjoy Christmas Karl.Otto won’t be home this year for his.

  • Bill_Jackman on December 25 at 8:18 a.m.

    Thompson has had his due process with perhaps the best legal team money can buy. His present defense team needs to be thanked and shown the door. The police guild can pay for the endless and fruitless appeal process.

    Karl Thompson should be treated like a patient with a terminal disease. He’s a lost cause and we should be focused upon preventing future events of crime and cover-up by city officials.

    What on earth are we trying to protect - our corrupt way of life?

  • Shelala on December 25 at 2:13 p.m.

    A lot has been debated about Officer’s rights to free speech on social media, in light of KT’s supporters on the FB site and others.

    This might be an interesting read to those concerned.. It is from an “legitimate” law enforcement FB site. It’s a long article, but please pay attention to the reference to the community they serve portion.

    http://www.lawofficer.com/article/technology-and-communications/facebook-free-speech-firing-wo

  • misjustice on December 25 at 2:34 p.m.

    Interesting link, Shelala. I took the following from it:

    “Ruling against Nixon, the Fifth Circuit held that even if Nixon were commenting as a citizen on matters of public concern, the balancing of the HPD’s interest in maintaining positive, working relations in the community was so heavily in its favor that Nixon’s speech was not protected.”

  • Shelala on December 25 at 3:22 p.m.

    @Misjustice
    There is a lot appropriate in this article, but I wanted to post an article authored by and for law enforcement personnel. Now if they care to throw stones, they can throw stones at each other and not just the public.

  • Shelala on December 25 at 3:28 p.m.

    @Misjustice’
    I also wonder about posting false statements like their version of facts that they recently prepared and posted. The “facts” have already been determined n a court of law, so what would you call their version?

  • misjustice on December 25 at 5:43 p.m.

    I would call their version a “fabrication”… and a poor work product; created by someone with a stubborn inability to accept the truth and move on.

    Karl broke the law that he was sworn to uphold, he then lied and engaged in the cover-up manufactured to hide his violation of a citizen’s civil rights, he was given the best defense that tax payers’ money could buy, he received a fair trial, he was convicted on both felony counts at trial, and January 27 he will face sentencing for his convictions.

    The 505 100% Gang need to get back to work and stop slinging mud at the system that they are sworn to uphold, and if they can’t or won’t they need to turn in their badges; or be removed by the citizens that they have demonstrated such documented disdain for. The saluting 50 should be terminated for conduct unbecoming.

    It is clear that this city still has a problem with the police department, hopefully the conviction and sentencing of KT is just the beginning of clearing out the core of corruption that is lodged in the SPD.

    Again, I ask, “where are all the ‘good’ cops?” And what say you to your fellow officers that refuse to admit that KT was wrong, the cover-up was even more wrong, and that some members of the SPD are outta control?????

  • DHF on December 25 at 5:50 p.m.

    Any Judge who would ok a new trial for Thompson should be disbarred. He received a fair trial. I would like his bright boy attorney to explain to me what justice Otto Zehm received the night they beat him to death. No they can’t or they wont because Otto was in their eyes expendable. And that was how the Sig Heil cops responded when found guilty.

  • liveinfearoftheSPD on December 25 at 6:40 p.m.

    In 3 parts
    Text in blockquote are excerpts from the Thompson Case Facts
    document posted through a link on his support page on facebook:

    “Police Officers Act on Information Available at the
    Time an Incident Occurs
    As decided in the case Graham v. Conner, police officers are
    legally held to act upon only the information they have at the
    time of the incident, regardless of if that information is
    incomplete or further examination yields results that would have
    changed how the officer would have responded had they had
    additional information.”

    Okay I looked up Graham V Conner. It says nothing even close to what you posted. I read it on the ACLU site:

    http://aclu.procon.org/view.resource.php?resourceID=529

    “The suspect did not comply with verbal commands and Officer Thompson was the first of several officers to engage in physically apprehending the suspect.”

    What is an appropriate amount of time to allow an suspect to
    comply?
    As it only took Thompson 2.2 seconds to enter the store and
    begin wailing on Otto with his baton.

    “It took several officers to detain the suspect and
    unfortunately the suspect stopped breathing.”


    So in a detain situation it is condoned, normal police behavior
    to use such force that a suspect “Unfortunately Stops
    Breathing?”

    “Prior to the DOJ involvement, it was found through an internal investigation that no officers, including Thompson, were found to have engaged in criminal activity through their interactions with the suspect.”

    Too bad we can only have your word on that. As no transparency has been forthcoming in the 5+ years since the incident.
    Furthermore, the DOJ says your internal investigation got it
    wrong. Aparently a jury of 12 agrees with the DOJ or is that
    your point?

    “Officer Karl Thompson Background”

    Has no bearing on how he acted that fateful evening. That
    information is just a “Red Herring”

    As has been pointed out in the past; Timothy McVeigh also was a decorated war veteran. He was a good, upstanding hero/citizen until the day he blew up that Oklahoma City Federal Bldg.

    “This was not the suspect’s first encounter with
    police.
    In 1990, Zehm fought with a police officer and attempted to get his gun.

    Zehm suffered from paranoid schizophrenia.”

    Again I only have your word on this. Though even if it is true,
    Thompson did not know those facts when he entered the Zip Trip after Otto. So even if they are true hard facts they have no
    bearing on anything. They are more “Red Herrings”

  • liveinfearoftheSPD on December 25 at 6:41 p.m.

    “Misinformation Regarding the Case
    Prosecutors and at least one juror (Jury Foreman Diane Riley)
    indicated that Zehm’s presumed innocence was a factor in the
    case
    While it was concluded that Zehm did not follow through with
    taking money from the potential female victims who placed the
    original 911 call, we will never know what his actual intentions
    were with the ATM situation and the Zip Trip.
    Zehm was found to have a plastic toy gun on him that night. Toy guns are often used as a decoy weapon during actual robberies.
    It is unclear whether that was Zehm’s intention, or if he had it
    for other purposes.”

    The only misinformation here is you are trying to paint Otto as
    a criminal.
    Why shouldn’t anyone “Presume” Otto’s innocence? Isn’t that
    what the legal system does?

    Are you serious? You will never know what Otto’s intentions
    were? It is obvious to any thinking human being that Otto had no
    ulterior motives at the ATM machine or in the Zip Trip. You are
    inferring that he had some evil plot going on.

    The plastic toy gun was discovered well after the beat down,
    again you cannot assume Otto intended to use it for any illegal
    purpose. That find is another “Red Herring”
    What color was that “Plastic Toy Gun?” Please post a picture of
    it.

    “Categorizing Zehm as an innocent bystander is
    incorrect
    Zehm was a primary robbery suspect who’s behavior prompted two
    individuals to call the police.
    When police (Officer Thompson) arrived on the scene, Zehm
    refused verbal commands to comply and was holding a potential
    weapon.”

    What else can he be categorized as? Remember, “Innocent until
    PROVEN Guilty?” He was and still is innocent of any wrongdoing.

    As I stated above ‘2.2 seconds?’ Karl assumed Otto guilty of
    robbery and thus the beat down began.

    So, if someone is holding any item in their hand you will look
    at it as a potential weapon and engage them in a combative way?

    We all know how bad those nasty paper cuts can be. Since Otto
    had his paycheck with him he could have sliced Karls throat too.

    We are all covered in potential weapons in just the clothing we
    wear.

    “If Zehm had complied with initial officer
    instruction, this entire incident would have been resolved
    peacefully.”

    IF IF IF….

    IF Karl had stopped to take the time to assess the situation
    another peaceful ending could have been reached.

    IF Karl hadn’t started the unprovoked beatdown, Otto would
    still be alive.

    IF Karl were half the man you paint him to be he would stand up
    and tell the truth and take his punishment as any convicted
    felon is required to do.

    Too many if’s. The if’s didn’t happen. Karl happened!

  • liveinfearoftheSPD on December 25 at 6:43 p.m.

    “A photo taken after the incident showed a footprint on Officer Thompson’s chest where Zehm had kicked him.”

    Odd, I thought Karl’s testimony said Otto used his fists on his
    chest. Would liked to have seen that kick photo at the time.

    “The U.S. Commission on Civil Rights has stated that
    “…in diffusing situations, apprehending alleged criminals, and
    protecting themselves and others, officers are legally entitled
    to use appropriate means, including force.”

    http://www.cops.usdoj.gov/default.asp?item=1374

    From the USDOJ link you referenced, I pulled this information:

    “However, there are no universally accepted definitions of
    “reasonable” and “necessary” because the terms are subjective. A court in one jurisdiction may define “reasonable” or “necessary” differently than a court in a second jurisdiction.”

    I guess you have been given the message that this kind of force
    is not necessary, not wanted, and won’t be tolerated.

    They also say:

    “The unnecessary use of force would be the application of force where there is no justification for its use”

    Karl’s use force was indeed unwarranted, Not Necessary.and certainly not justified.

    “Zehm’s death was not caused by baton strikes
    Zehm died from lack of oxygen to the brain, not from injury
    associated with baton strikes.”

    So 8 of the 9 men recently arrested in the murder of a rapper
    are also innocent of any wrongdoing since only one pulled the
    trigger?

    Karl started the fight that ended with Otto’s death. Then he
    was aided and abetted by several other officers. It is my belief
    those other officers, along with Karl, should stand trial for
    nothing less than murder. It is further my belief that anyone who helped in the lies and coverup should be held accountable and charged accordingly. Even if it reaches as high as the offices of 2 former mayors. This corruption must not be allowed to continue.

    “Police are encountering a growing number of cases like this where the cause of death is called “excited delirium syndrome” “

    Most intelligent people have researched this syndrome. If they
    have done their homework well, they have discovered this
    syndrome was introduced by the taser company who supplies most of the PDs nation wide. It is a farce concocted to cover their own behinds from lawsuits.
    Since the syndrome gives LEOs another “excuse” they will all be jumping on this bandwagon.

    The coroners first reported cause of Otto’s death was
    determined to be homocide. The syndrome was later added, by whom we will probably never know.

    “Memory can be inaccurate, which is not intentional
    According to the Research Board of the British Psychological
    Society, “Memory is a record of a person’s experience of
    reality.” “

    Too bad the trial wasn’t held in Great Britian. One research
    board finding something does not make it correct or a world wide accepted truth.

    “Remembering details out of order or slightly
    incorrectly is not a crime, and human memory does not remember every detail of a situation.”

    Taking a boxing stance, lunging and using a baton on someones head are no small details that could have been slightly incorrect. They are blatant lies.

    So exactly where did Karl’s memory fail him?

  • The_Seer on December 25 at 6:56 p.m.

    I find the “case facts” as posted on the We Support Karl Thompson Facebook page disgusting and such a bastardization of the actual facts the officer associated with administering the publishing of such doggerel be summarily fired for failure to uphold his oath of office.

    Is this how police put together “facts” for cases against civilians, by cherry picking and inclusion of legally irrelevant behaviors/depictions/events?

    liveinfearoftheSPD rigorously, adroitly and rather easily ripped this document to shreds. The only thing I might add for the supporters of the two time convicted felon Karl Thompson is your document states his case is “pending appeal.” No court has agreed to grant Thompson an appeal or new trial. That is not true and you should know it, which means you intended to post lies to influence the public in regards to an ongoing case involving your department which is a furtherance of the fraud, misrepresentation and obstruction of justice you are already in trouble for. I forwarded your “case facts” to the DOJ.

    You work for us, Davida, and will be accountable to us. Make sure to tell your friends if they haven’t got the news yet.

  • Shelala on December 25 at 6:57 p.m.

    I am not ready to “move on” until SPD does some housecleaning and rids itself of bad apples. Thompson’s sentencing only puts Thompson behind bars for a while, but it doesn’t address those officer/supporters and unknown number of bad apples on the department who refuse to recognize Thompson’s actions and the subsequent cover up was wrong. If they can’t understand this, they will react the same way in any similar situation believing and maybe even validating in their own mind that Thompson acted appropriately. They are risks to the public safety that can not be tolerated. As a community, we can’t simply lock up this one bad apple, shut the door and call it good. Ignoring the big issues that allowed Thompson to think his response was proper, puts us all at risk of another incident. How many incidents is this community willing to accept? Do you feel safer knowing that although Thompson has been put away, he has many “mini-mes” on the force?

  • liveinfearoftheSPD on December 25 at 7:27 p.m.

    @Shelala, Thanks for the link above. Been doing some extended reading through links on that page. Some very interesting stuff.

    Knowing that the existence of so many of those “mini-mes” are on the SPD scares the he!! out of me.

    Merry Christmas all! :)

  • misjustice on December 25 at 7:48 p.m.

    “Mini-mes” with super sized egos, chips on their shoulders the size of Minnesota, and badges, which feel that they have the power to be the judge, jury, and executioners of anyone that falls under their radar…that scares the hell outta me!

  • brianrbreen on December 26 at 6:07 a.m.

    Interesting “facts” product. It makes one wonder whether or not the author spent any time at all reviewing the Court File regarding the case.
    One interesting aspect is the reference to a previous confrontation Otto had with a law enforcement officer. Interesting to me any way is the “Fact” product neglected to mention the officer involved at the time was a deputy sheriff and later became a member of the SPD. The same officer was later fired by the SPD for kicking a handcuffed suspect in the chest and neglecting to mention in his report that he had done so. The same officer was the target of a DOJ grand jury regarding that incident, and although there was considerable probable cause the DOJ chose not to pursue it, leaving it in the hands of the State, as they had their hands full with the Thompson CCRV.

    That officer after having been fired was later reinstated on the SPD city but demoted in rank., via an agreement with the City.

    As Otto is now gone we do not know what his side of the story is regarding the confrontation with that officer, and we only have the word of the police officer who since that confrontation with Otto has demonstrated he has a bit of a credibility problem.

    I would suppose one could go through the “Facts” product and rip it apart as others have,but I’m not quite sure what good that would do, anyone with any sense who studied the filings, and followed the trial should be able to understand exactly what this thing is and what it was intended to do.

  • Shelala on December 26 at 9:08 a.m.

    @Brian
    I agree exactly about this “document”. One of the things I question is if the posting of this document as the truth by a police officer is protected by the free speech they are so loosely tossing about. There is nothing in this document that identifies it as opinion. I think they should be concerned about their posts being protected by free speech as a public employee and free from discipline. I also think that they have damaged their credibility to do their jobs because their posts in support of KT and/or demeaning the public or the use of force could be called up and used in any court trial. Another example of why they should terminated because they have voluntarily and readily crippled themselves from being able to do their job.

  • brianrbreen on December 26 at 9:44 a.m.

    I think the document speaks for itself, regarding its intent. I suppose the author is entitled to their opinion, whether it represents the opinion of others, including the jury, or not. I don’t feel it is a fair representation of the facts, but that’s my opinion.

    I honestly don’t believe that some officers actually have an understanding of the limits of their free speech rights, or some of the court decisions in that regard. That isn’t my problem however.

    I did spend a little money having a lawyer review the case law in this area, with respect to the salute, and it may behoove the Guild to have Vic look into it, and the City to seek an AG’s opinion. Again just my opinion.

    It is certainly noticeable several individuals who used to frequently post on that site no longer do so. I would wonder why.

    The case you are making regarding the the way some officers are dealing with this is legitimate in my view. You may recall that according to media releases the SPD is utilizing the P.A.T to help officers through this “traumatic” time. I’m not sure if Danette Palmer’s contract was ever renewed(Mehring Case), but if it was, a couple of visits to her might not hurt a few officers.

  • Shelala on December 26 at 10:55 a.m.

    @Brian
    Good point, but IMO you are too generous with these Officers. They have taken it upon themselves to continually berate the public and the judicial system in their support of Thompson. I personally have no problem in words of support to the family of anyone including Thompson’s, who are facing prison time. I recognize it is difficult for ANY family to deal with an incarcerated loved one be he a drug dealer, murderer or even a petty thief. I could even understand the need of the family to lash out at those they perceive put Thompson there, ignoring the fact that he brought them upon himself. My remarks are not intended toward them. I don’t agree, but I can understand and forgive. The same does not hold true for members of the SPD who may put my safety and the public’s safety at risk by failing to recognize or learn that Thompson’s actions were wrong and not compatible in the performance of their job.To arm them and allow them on the streets among the public they so detest is just asking for problems.They are not going to have any sudden epiphany that will correct their attitudes which reflect on the job. Lost causes.I am also more than a little disappointed in the SPD brass” failure to address the situation publicly or even attempt to reassure the public. The public welfare or its perception at some time should trump internal personnel issues or bickering.

  • Shelala on December 26 at 11:16 a.m.

    @Brian
    Does the SPD have a social media policy?

  • misjustice on December 26 at 11:37 a.m.

    We Support Karl Thompson
    Hey, everyone! I’ve got word that Karl’s Defense Fund is DEPLEATED and he still needs to pay for a couple of more expert witnesses. I still have more wristbands for sale! If you already have one, find someone who doesn’t. Any SPD officer get you some. Wristbands are also available at the SLECU at 924 W. Sinto. Just hit the drive-thru. You can also make donations there as well.
    Like · Comment · May 12, 2010 at 10:41am

    http://www.facebook.com/pages/We-Support-Karl-Thompson/130290690659

    REALLY?
    ANY SPD officer can sell these trinkets? On taxpayers’ time?

    And, like Shelala, I still wonder what the money of this “non-profit” was spent on?

  • Shelala on December 26 at 11:57 a.m.

    @misjustice
    I see the the KT support page has changed their mission statement as a non profit to include the questionable document of facts. If this is acceptable, IMO, I think anyone will be free to create a bogus non profit FB page backed by statement of questionable truth bearing readily identifiable SPD emblems and ask for donations or sell widgets to pay their bills or amass some savings. Nothing wrong with that, right? Maybe I could pay off my mortgage or take a trip to the Bahamas during this cold spell.

  • Shelala on December 26 at 12:24 p.m.

    @misjustice
    BTW IMO, if they are attempting to hone in on their mission or correct perceived inaccuracies, maybe they should lose that “Officer” Karl Thompson designation. They are no longer supporting a fellow officer and he is no longer “accused and charged”. He been accused, charged and convicted - not an officer, just a felon.

  • misjustice on December 26 at 12:35 p.m.

    Bbbbbbut Shelala, I’m fairly certain that the SPD would argue that, TWO TIME CONVICT THOMPSON just doesn’t have the same ring to it as fellow “officer” Thompson.

    Following that May 12, 2010 FB post there were several posters asking for the wristbands to be delivered to them at work; swing shift…AGAIN, soliciting/contributing on the taxpayers’ dime?

    I’m glad that I took a little time to sift through those old posts on the WE HEART THE CONVICT THOMPSON FaceBook page. I found some interesting points of view; that we citizens are scum, trash, and other choice adjectives.

    I find it more than interesting also that “officers” charged with upholding the law are seemingly so ignorant of general edicts such as free speech. All speech may be deemed to be “free” but not all speech is PROTECTED speech. Officers may be “free” to spew their adjectives at those of us that pay their wages but they can NOT expect to be free from having those very words used against them as an argument for their dismissal.

  • Shelala on December 26 at 12:48 p.m.

    @misjustice
    I would be interested in learning about the SPD’s social media policy, if one exists. A respected law enforcement organization called the International Association of Police Chiefs has a model policy on their website. I lost count of the violations using this widely accepted model.

  • brianrbreen on December 26 at 1:13 p.m.

    @Shelala

    I’m not aware of a specific SPD social media policy. I believe the city has one, that primarily covers on duty activities.

    Here is a link to a model IACP policy. You might note the reference to off duty activities.

    Generally the SPD is always a little late when it comes to issues like these.

    http://www.iacpsocialmedia.org/Portals/1/documents/Social%20Media%20Policy.pdf

  • misjustice on December 26 at 1:20 p.m.

    They may be formulating a “policy”… and guess who is tasked with their “social media”? Non other than officer DeRuwe…

    From the SPD October 2011 Newsletter:

    “Social Media refers to the use of web‐based and mobile technologies to turn communication into an interactive
    dialogue (from Wikipedia). Blogs, Social Networking Sites (Facebook, MySpace, Friendster), Social News, Social
    Measuring, Microblogging (Twitter), Social Bookmarking (Diigo), Social Q&A (Answers.com, yahoo!Answers), Video
    Sharing (YouTube, Vimeo), Photo Sharing (Flickr, PhotoBucket), Social Search (Google, Yahoo!), Professional Networks
    (LinkedIn), Content‐driven Communities (Wikipedia), Product‐based Communities (Ebay, Amazon.com) and
    the list goes on and on and on……

    So, how does this fit into police work? What happened to simply arressting bad guys and puttng them into jail? The
    primary focus of police work is to maintain laws within our society; we must add another weapon to our arsenal –
    social media.

    Ofc. DeRuwe recently attended a three day SMILE (Social Media the Internet and Law Enforcement)
    conference in Dallas, Texas. The speakers addressed social media as community media, investigative techniques and
    case studies, officer safety, social media policy and strategy, legal issues, and recruitment and retention.

    If the Spokane Police Department is going to compete in the world of social media, we need to understand how and
    when to send our messages. As the Public Information Officer, Ofc. DeRuwe has taken on the task of entering SPD
    into the world of social media.

    WE control our message and WE send it out directly to our citizens.”

    http://www.spokanepolice.org/Documents/SPD%20Newsletter/10%202011edition.pdf

    I do know that SPD uses FaceBook to look for suspects…but as of now it doesn’t appear that they have a “policy” on social media usage by officers/employees.

    I did find it interesting that the Newsletter referred to social media as adding a “weapon to our arsenal”….

    I’ll keep looking…

  • misjustice on December 26 at 1:30 p.m.

    Here’s a link to the SPD policy manual, e-mail is covered in the manual but social media is not.

    http://www.spokanepolice.org/documents/PolicyManual_website.pdf

  • misjustice on December 26 at 1:33 p.m.

    From the SPD policy manual:

    306.5 PROCEDURE
    (other items deleted for space considerations)

    (d) Once secured, the person shall not be placed on his/her stomach for an extended
    period as this may potentially reduce the person’s ability to breathe. The suspect
    should be rolled to his/her side as soon as practical.

    http://www.spokanepolice.org/documents/PolicyManual_website.pdf

    Wasn’t Otto left on his stomach after being hog-tied?

  • brianrbreen on December 26 at 1:48 p.m.

    @misjustice

    Unfortunately, one of the many unresolved issues associated with the Zehm case. All of which should be being addressed, the question is…are they?

  • Shelala on December 26 at 1:49 p.m.

    @Brian
    Yes, that is the one I was referring to. Interesting past time in counting the violations. Where are the brass or are they simply waiting for the feds to come before saying or acting on anything?

  • brianrbreen on December 26 at 2:05 p.m.

    @Shelala

    I don’t believe the leadership anticipated having to deal with the aftermath of a conviction. Dumb but typical.

    My guess is it will be a while longer before the Feds. give it back to the State One good thing regarding Steve Tuckers recent media statements is that he is apparently willing to request the State. AG handle it. All things that should have been considered pre-trial so folks would be up to speed.

  • brianrbreen on December 26 at 2:13 p.m.

    @Shelala

    Just to clarify, the link I posted was to a model policy recommended by the International Association of Chiefs of Police. To the best of my knowledge the SPD has not adopted a similar policy.

  • misjustice on December 26 at 2:14 p.m.

    “I don’t believe the leadership anticipated having to deal with the aftermath of a conviction.”

    No, they were too busy training for a riot by citizens; they assumed acquittal and put their resources there, training on how to best put down a citizen uprising.

  • Shelala on December 26 at 2:17 p.m.

    I’d like to go get a pop and snickers bar at my nearby convenience, store

    Let’s see..
    helmet - check
    body pads - check

    I think I better to go to bank and cash my check first (can’t risk the ATM). I had also better leave my shoelaces, lipstick, comb, pens and pencils and keys homes (defensive weapons, ya know). I am gonna stay clear of the deadly weapon soda aisle too and opt for a fountain drink. Uh oh, CO2- don’t know if that could fizz anyone. I think I’ll have to bring some binoculars and scope out the area for teenage girls using the payphone or cop cars driving by before entering the store. Quarters have round edges, I’m safe there. Don’t want to risk any paper cuts. Okay, I may be ready.

  • brianrbreen on December 26 at 2:17 p.m.

    Pretty hard to respond to that one! : )

  • brianrbreen on December 26 at 2:21 p.m.

    Especially the lipstick! :)

  • Shelala on December 26 at 2:23 p.m.

    @Brian
    Sorry couldn’t resist. IMO yeah, they are probably sitting on their thumbs waiting for someone else to tell them how to fix things. Obvious personnel issues shouldn’t have to wait, neither should communication.

  • BlondeSquawker on December 26 at 2:46 p.m.

    Spokanian Rhapsody:

    Momma, Karl killed a man
    Slammed a baton upon his head
    Whacked him till he was
    Brain-dead

    Momma, life was lots of fun
    Now a cop will spend part of his
    In Federal prison

    Momma, oooooh, oooooh
    Why’d he have to lie?
    A judge is gonna say the same thing again tomorrow

    Carry out the sentence
    Carry out the sentence

    ‘Cause it doesn’t matter what they say

    Karl’s just a poor cop
    Nobody loves him

    Had to divorce his wife
    Just to say he lives in poverty

    And we’ll pick up the tab to feed this monstrosity

    He’s just a poor cop
    Nobody loves him

    Wrongly took somebody’s life and now he wants to be free

    Oh, Momma Mia, Momma Mia, Momma Mia “set me free”
    Give me back my baton so I can clean up the streets!

    For mee, for mee, for meeeeeeeeeee!

    “So they think they can sentence me and send me away!
    Not so say my cop buddies who wrote on Facebook for me
    Christmas Day!”

    Oooooh, baby, jury sent you away, baby
    Just gotta do your time, just gotta do your time and go away

    ‘Cause it really doesn’t matter, matter what they say
    Thompson is guilty and he’s gotta pay

  • BlondeSquawker on December 26 at 3:13 p.m.

    Wanna sing along? Here’s some music for ya’ll:

    http://www.youtube.com/watch?v=PK-asP-koIo

  • misjustice on December 26 at 3:19 p.m.

    Blondie, thanks for the instrumental; it works GREAT as a sing-a-long if you have the youtube open in one window and your lyrics in another window. Just open both, start the video, and then go back to the window with the new lyrics and SING, BABY, SING!!!!
    ; )

  • greenlibertarian on December 26 at 3:25 p.m.

    BlondeSquawker on December 26 at 2:46 p.m.

    Spokanian Rhapsody:

    Well done.

  • Sunshinegurl on December 27 at 8:21 a.m.

    It would be almost unbelievable that they don’t have a social media policy, but if that is in fact true then it’s no wonder they act like cavemen. I hope someone in 505 Set can bring the rest of the gang into the 21st century. BTW speaking of Deruwe, rumor has it she is the admin on the we heart KT page. Wonder if that’s true.

  • BlondeSquawker on December 27 at 9:22 a.m.

    It’s gonna be dejavu all over again. Get over it, KT supporters.

    http://www.youtube.com/watch?v=NcaaWxqC8qI

  • GDodd on December 27 at 10:09 a.m.

    One down and meney to go. now to charge the rest of the blue gun thugs that were there and help in the MURDER.

  • Shelala on December 27 at 11:28 a.m.

    @Sunshine
    I may be wrong, but I think that SPD SGT. Kevin King is the administrator of this site. If you scroll back through their posts, you will see that it references him as the administrator. This would mean that he is controlling the posts that have been removed and posts and designates “likes” on behalf of the site. I think he, as the administrator, is responsible for including the infamous “document” into their mission statement. Apparently, judging by his continued current activity, that he is very comfortable in his vocal role. You will also note they have made it perfectly clear that the site involves SPD as a department by their free admissions, the use of SPD badge numbers and more. IMO, you’d think that SPD leadership would take issue with it or even address its existence, but their continued silence of the issue, would lead me to believe they condone Sgt. King’s actions and tacitly approve the site. I see no disclaimers to suggest otherwise..

  • Sunshinegurl on December 28 at 7:14 a.m.

    Shelala you are probably right. I just searched King and found a Spokesman article that said he is the creator of the page. I will have to follow up with my sources, looks like they’ve been slackin’ LOL.

  • brianrbreen on December 28 at 8:08 a.m.

    I’m still waiting to be “discounted”. But I’m pretty sure you will have to use a legitimate email address.

  • Shelala on December 28 at 8:29 a.m.

    While trying to understand SPD leadership’s silence, I went back through some SR articles.. Misjuctice is correct, It does appear that they thoroughly prepared for a “not guilty” verdict, but no plan of action if KT was found guilty. IMO, it seems like they expected a not guilty verdict. They had extensive plans involving the SFD, Tact team and more. It’s upsetting that SPD leadership they have nothing to since KT was found guilty.

  • brianrbreen on December 28 at 9:49 a.m.

    @Shelala

    This may or may not demonstrate the underlying philosophy of SPD and City Leadership with respect to the Thompson case. Perhaps you can help me with this one as to whether or not I was specific enough in a recent PDR request I made.

    Below you will find a direct quote from a joint press release made by Mayor Verner and Chief Kirkpatrick regarding the “Salute”. Please note where it says, “We had previously directed that officers could not be in the courtroom while on duty”

    Press Release:

    “We have acknowledged the pain that many of our officers feel as a result of the Thompson verdict, but it has been widely reported to us that the courtroom behavior of some officers, though protected as free speech, does not reflect the values we stand for. It clearly was insensitive to the friends and family of Otto Zehm, and for that, we apologize. We had previously directed that officers could not be in the courtroom while on duty. Still, on duty or not, we expect our officers—because of their position in the community—to live up to a high professional standard.”

    Below you will find a quote from an email I received from the SPD Public records Specialist.

    From Email:

    “This email is to notify you that we do not have any responsive documents to #4 on your request.”

    Below you will find a quote from my PDR request to the SPD, which was formulated to identify any document consistent with the statement in the press release.

    From PDR:

    “4) Any and all writing, memorandum, or electronic dissemination of any order from the Chief of Police, or at the direction of the Chief of Police, ordering or directing on-duty Spokane Police Department personnel not to attend a hearing regarding Karl Thompson on November 4, 2011.”

    As I see it, the above tells me that one of the following may be true.

    1) The press release was not truthful.
    2) The Officers were “directed” by word of mouth (which isn’t a good way to do it).
    3) I did a lousy job of being specific.

    Was I not specific enough?

  • misjustice on December 28 at 10:38 a.m.

    Thanks for the link, Blondie…particularly disgusting is the photo included of Karl the Klubber, taken after he beat Otto with his Ironwood baton; he looks drugged.

  • misjustice on December 28 at 10:42 a.m.

    @ Brian, it’s clear to me what you were asking for.

    And also the answer to your query is clear; they couldn’t send documentation of something that never happened. The former chief and former mayor lied; officers were never ordered to stay clear of the courtroom (off-duty or not)!

  • Shelala on December 28 at 10:55 a.m.

    @Brian
    Her statement “acknowledged the pain that many of our officers feel as a result of the Thompson verdict” I just don’t get. IMO sorta like asking for sympathy and understanding for the friends and supporters of any convicted felon, which would seem to be out of line for a Police Chief. I know other “former” officers have had their own legal woes. I wonder if she has the the same sympathy and understanding for them? - or is it just because she supports KT? Your request is clear and they know exactly what you requested. They just don’t want to give it to you and will probably come out with “Oh, you mean THAT memo!” if anyone with teeth actually looks for it. You are probably a non person to them, a disgruntled citizen. One of many that they feel they can choose not to legitimately respond to. You, Brian, despite being a former cop, are a citizen now and unfortunately, are probably at the bottom of that long list of priorities right under lunch menus and uniform cleaning.

  • brianrbreen on December 28 at 11:06 a.m.

    @Shelala

    I think I have a pretty good grasp of my place in life now…. but gosh…I can understand “uniform cleaning”, but “LUNCH MENUS”?

  • Shelala on December 28 at 11:33 a.m.

    @Brian
    Sorry, but IMO, the pizza delivery guy has a better chance at getting requests at information from the SPD than you. The more you ask, the more they don’t want to give it up. Maybe you don’t know it, but you’re playing chess and they don’t want to hear checkmate.

  • BlondeSquawker on December 28 at 11:40 a.m.

    You’re right, MisJ, that pic of KK looks like he just ate someone’s liver….and he’s looking for something to wash it down with.

  • brianrbreen on December 28 at 11:44 a.m.

    @Shelala

    Actually, I’m not doing to bad so far. If there is a “checkmate” it will be well after some people are long gone.

  • Shelala on December 28 at 12:08 p.m.

    @Brian
    Never thought you were doing bad. I am just impatient. L feel a sense of urgency in addressing some issues IMO, every day that passes without the issues being addressed, is a day that is a risk to the community. for another Otto Zehm incident, questionable police shooting or abuse. We’re like a community running on bald tires. If we keep rolling along, we’re risking a bad blow out. Then we can once again debate whose responsibility it was to change the tires.

  • brianrbreen on December 28 at 12:21 p.m.

    @Shelala

    I understand completely. There are some subtle changes that are being made, but I don’t look for much of anything significant to happen for a while. One thing I was glad to hear is that the IACP model social media policy I posted for you hit home, especially the part regarding off-duty usage.

    We shall just have to wait and see.

  • Shelala on December 28 at 12:59 p.m.

    @Brian
    Do you believe SPD leadership has given any thought to the effect KT’s sentencing and incarceration in January will have on those Officer/Supporters who so fervently disagree with the trial’s outcome? They seem to hold on to the belief that a new trial is possible, which IMO seems unlikely. Judging by their apparent anger and angst regarding the situation as voiced on their support site, I frankly do not believe it is possible for them to accept the verdict and go forward effectively as police officers, without having their attitudes and anger reflect negatively in their interactions with the public. How do you suppose they will handle this?

  • brianrbreen on December 28 at 1:33 p.m.

    @Shelala

    Some I believe will learn from the experience, others will not, and there are those that no matter what happens will be the same problem children. That is why I don’t envy whoever is given the interim chief’s position or do I feel it will be easy to find a quality replacement willing to take on such a big task.

  • icantbelivethis on December 28 at 3:07 p.m.

    Hey, who was the hot brunette SPD Girl on KXLY the other night? Hope she is Derue’s replacment!! At least this gals got looks and a up to date hairstyle with personality. And another thing, If the 505 group is a non-profit, why cant they be found on the sec of state websight?

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