November 1, 2011 in News, City

Deliberations in excessive force trial to continue

By The Spokesman-Review
 
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Background and the latest updates

YAKIMA – The jury deciding the excessive force trial of Spokane Police Officer Karl F. Thompson Jr. deliberated about seven hours today without rendering a verdict.

Jurors asked today to re-hear the audio tape of Thompson’s March 22, 2006, statement he gave now retired Detective Terry Ferguson. Several jurors took notes as Thompson described his justifications for using force during the confrontation with Otto Zehm, who was mistakenly identified as a theft suspect and died after being beaten with police batons, shocked with Tasers and left hog-tied on a convenience store floor.

After hearing about an hour of the interview, the jurors left to resume their deliberations, then returned a half hour later to listen to the rest of the interview.

Thompson faces the felony charges of using unreasonable force and lying to investigators following the fatal March 18, 2006 encounter.

Jurors will return at 9 a.m. Wednesday for continued deliberations in the trial that started Oct. 12.

49 comments on this story so far. Add yours!
  • BlondeSquawker on November 01 at 5:57 p.m.

    Hogs tied him up alright.

  • misjustice on November 01 at 6:11 p.m.

    Careful, there, Blondie!
    The coppers don’t like the term “hogtied”, they find it dehumanizing…not the act but the word; it hurts their sensitivities.

    See the below snippet of an old SR article…poor babies.

    May 18, 2007
    Spokane’s top law enforcement officials pleaded with journalists Thursday to quit using the term “hogtied” to describe a restraining technique in which suspects’ hands and feet are bound behind their backs.

    Police Chief Anne Kirkpatrick and Sheriff Ozzie Knezovich called the term dehumanizing and inaccurate. The impassioned request was made at a news conference regarding 37-year-old Trent Yohe, who died after a May 1 scuffle with law enforcement in which deputies used the technique to restrain the methamphetamine addict.

    Spokane Valley firefighters, who were called to Yohe’s trailer by sheriff’s deputies, used the term “hogtie” in their report, and police officers use it informally.

    Authorities, however, now would prefer Spokane County residents use the term “hobbling” or “restrained.”

    Although police training manuals draw a distinction between hogtying and restraining, a standard dictionary describes the term “hogtie” as the tying of hands and feet in order to render a subject incapable of movement.

    After a discussion with editors and reporters this week, Spokesman-Review Editor Steven A. Smith decided the newspaper will continue to use the word. ”

    We’re not bound by official police terminology,” Smith said Thursday. “We strive to explain to readers in everyday language what they (police) are saying and why.”

    http://www.spokesmanreview.com/breaking/story.asp?ID=9934

  • jddavis on November 01 at 6:17 p.m.

    No doubt they are looking at the changing story of Thompson. Lies beget lies…

  • another_perspective on November 01 at 6:26 p.m.

    The term is dehumanzing to Oz and Olive Oil, but the act is endorsed. Go figure.

  • misjustice on November 01 at 6:44 p.m.

    Olive Oil and Ozman’s request that the SR drop the phrase was “impassioned”… weird.

    If only they had as much passion for the truth and clearing their ranks of rouge actors, then this would be a much better community to live in!

  • richie on November 01 at 6:48 p.m.

    We are now changing “clubbed, tazed and suffocated” to “gently applied bunting and electrolysis with oxygen deprivation therapy”. it is good the jury is focusing on the lies. If everything was above board, why the lying? That’s what I would be thinking as a juror.

  • misjustice on November 01 at 6:58 p.m.

    Check this out, the coppers are preparing how to take us down if Karl the Klubber is found not guilty; they are training on riot techniques and how to put down citizens should we take to the streets…

    “Spokane police and firefighters have been meeting for two weeks preparing a plan if citizens react violently to the verdict in Thompson’s trial.”

    http://www.kxly.com/news/29657250/detail.html

  • mauijim on November 01 at 7:09 p.m.

    I hope the people of Spokane will except the verdict and not act like idiots if Thompson is found innocent, or you will be no better then the system you like to ridicule.

  • SpokyDaBear on November 01 at 7:11 p.m.

    Ha, ha, ha, the dude is going to walk. 👮

  • selkirk on November 01 at 7:36 p.m.

    From misj and kxly: “We would rather be prepared for nothing than not prepared for something big. It’s just talking with city fire, regional law enforcement so if there is some sort of civil unrest disturbance we need to be prepared to handle it because we need to keep all the citizens safe,” Spokane Police spokesperson Officer Jennifer DeRuwe said.

    If Thompson can say that he was worried Zehm would take hostages and use that as a reason to beat/taser him to death, then when we gather peacefully to protest his acquittal (God, please find him guilty,) the police will use the same defense that the protest could potentially turn violent, therefore the police will use force to disperse the protesters, else the protesters could potentially hurt innocent citizens.

    Hope the jurors can smell this B.S. a mile away and convict Thompson. Then, the Feds can turn their attention to Trippin Treppiedi and maybe, just maybe, the stench that has covered Spokane for years will be swept away.

  • greenlibertarian on November 01 at 7:38 p.m.

    I thought it was reported they watched the Zip Trip camera(s) video today?

    Wonder what the line is in Vegas as to how long the jury will be out…

  • misjustice on November 01 at 7:43 p.m.

    Green, everything that I have read said the jurors listened to Karl the Klubber’s taped interview…

  • de3 on November 01 at 7:44 p.m.

    What would the riot police do if a few thousand people showed up downtown with 2 liter pop bottles in their hands? That’s several thousand well armed citizens, carrying lethal weapons.

  • de3 on November 01 at 7:46 p.m.

    Police intelligence reports increased sales of pop at Costco, Walmart and local grocery stores. Its gonna be a soda bath for sure.

  • SpokyDaBear on November 01 at 7:47 p.m.

    Misjustice doesn’t know the difference between except and accept.

    🔨

  • greenlibertarian on November 01 at 7:53 p.m.

    Yeah, and Spoky can’t pay attention and was certain the MLK bomber was protesting high parking rates.

    Thanks for the KXLY report Misj. Also covers the Zip Trip video being reviewed by the jury.

  • jddavis on November 01 at 8:00 p.m.

    MisJ and Green—Clearly the jury is looking at how Thompson’s testimony lines up with his original statement and what the video captured. I’d bet they are verifying their notes before coming to a verdict.

  • misjustice on November 01 at 8:02 p.m.

    Green, you are correct, I skimmed the first part of the article to get to the part about the firefighters/riot/SWAT team’s prep…and missed the part of the Zip’s video…my bad. Guess the jury reviewed both.

    If people do take to the street, no matter what the verdict, I like de3’s suggestion. Plastic soda bottles and Snickers bars for everyone. Or as the SPD would term it, bricks and clubs.

  • misjustice on November 01 at 8:03 p.m.

    I agree Jd…weighing the courtroom testimony against the “hard” evidence. Sounds good to me.

  • greenlibertarian on November 01 at 8:06 p.m.

    Oh, and it’s hog-tied, PLAIN AND SIMPLE.

    hog-tie
    Verb:

    1. Secure by fastening together the hands and feet (of a person) or all four feet (of an animal).

    Restrained could mean just about anything.

    Hobbled? Isn’t that what the copper in the valley said he tried to do to the preacher man before gunning him down?

    We know what hobbled means. It doesn’t mean a persons arms and legs are tied behind their backs. THAT’S HOG-TIED.

    And I never ONCE made an association with it and the fact the some people call the cops “pigs”, at times.

    Words. Have. Meaning.

    Even if, as a POLICE OFFICER (he was moonlighting teaching a business writing class I was in) once told me, an officer never gets out of the car, he/she always “alights from the vehicle”.

  • greenlibertarian on November 01 at 8:09 p.m.

    I’ve only seen a tiny bit of the Zip Trip stuff as this computer I’m on was made in the Bronze Age.

    Is their audio along with the video?

    If so, it should reflect whether Karl’s statement is correct about his instruction to Otto.

  • misjustice on November 01 at 8:25 p.m.

    Green, I found this, the 9-1-1 call and the gals talking with the operator…it has audio, and then the gals get transfered to the dispatcher. There are other videos on the page, I only watched one, in Zips, but it didn’t have audio. Not sure about the other videos and if they have audio or not.

    Please, please, please listen to the 9-1-1 call…it caused all that followed to happen, IMO…

    http://www.spokesman.com/video/2009/oct/30/otto-zehm-media-sync-part-1/

  • zelda on November 01 at 8:25 p.m.

    I can’t decide if the KXLY story is silly or scary. But it shows the disproportionate response to perceived threats that’s customary for SPD. I hope it’s not more than chin music and hardly necessary in a town that’s known as a hotbed of rest.

    C’mon — a Rodney King-type riot in Spokane? Sure, there might be civil protests and legal geeks at the Public Safety Bldg. if Thompson isn’t convicted but that hardly warrants warming-up the Hercules squads. Is this their way of telling Spokane that if citizens demonstrate, the SPD is going to orchestrate a military coup?

    SPD doesn’t know a Greek crisis from a geek crisis when it comes to defining “riot.”

    @misjustice — who exactly are these “rouge” police? Just kidding.

  • misjustice on November 01 at 8:34 p.m.

    Here’s the audio of Karl the Klubber’s interview…with Detective Terry Ferguson…

    http://www.spokesman.com/blogs/sirens/2011/oct/21/listen-karl-thompsons-spd-interview/

  • misjustice on November 01 at 8:37 p.m.

    Zelda, they are the ones with the bright red cheeks, like Moses!
    Lol!
    ; )

  • greenlibertarian on November 01 at 8:48 p.m.

    I’ve listened to the 9/11 call before.

    A big part of this will come down to, then, who, if anyone, says they heard the verbal commands (in 2.2 seconds) from Klubber to Otto.

    As I recall, the feds had 2 witnesses that testified they heard NO verbal commands from Klubber before the beating commenced.

    Didn’t our federal tax dollar paid attorney Carl O put witnesses on the stand that did testify they heard Klubber give the verbal commands (in that same 2.2 seconds)?

    Which witnesses came off as more credible?

    Paging Ron…

  • Ron_the_Cop on November 01 at 8:52 p.m.

    Yes the jury did listen to both the recording of Ofc. Thompson’s interview after the “pre-interview.” The jury listened for about an hour. They then went back into the deliberation room and came back to listen to the remaining 20 to 30 mins. They watched the Zip Trip video first. Watch the news media twitter feeds with search term #zehm. It’s timely and generally accurate from my experience sitting in press row on Monday hearing the closing arguments and watching the twitter feeds.

    There is no audio on the Zip Trip video. However there is witness testimony at what point Ofc. Thompson gave commands to Zehm. No heard any commands before the first two baton strikes. It was only after Zehm was going to the ground was there testimony that Ofc. Thompson gave commands.

    Having had a very controversial OIS in our City and weekly demonstration marches led by the Rev. Jessie Jackson, the Rev. Al Sharpton, US Rep. Maxine Watters and others I’m not bothered that much about SPD, SFD and other agencies having some discussions re how to respond. This is to be expected.

    You can read my opinion/commentary on the Zehm/Thompson trial and the ramifications for the City of Spokane at my blog http://tinyurl.com/3jah3bx .

  • Ron_the_Cop on November 01 at 8:57 p.m.

    Ms. Justy,

    The defense put considerable stock on the retired train engineer that was actually called by the prosecution. In my opinion he was a very credible witness. This witness was sure he saw head strikes. He also heard commands before these strikes.

    The only problem is from the video feed and another witness’ statement these weren’t the first strikes. There two earlier strikes that the train engineer did not see. As far as I know there was no testimony of anyone hearing any commands before the first strikes that came within 1.5 seconds of Ofc. Thompson making contact with Zehm. Dr. Gill broke down the video frame by frame and calculated the time. His opinion was that there wasn’t time to give any commands and or at least any time for Zehm to comply.

  • crossfire on November 01 at 8:58 p.m.

    I think the sign that jurors are asking to see these things in conjunction with one another tells me they’re not sure things add up.

    I personally think he’ll be found guilty of the lie to invesigators but walk on the civil rights violation. Prosecutors just didn’t prove that he “willfully” used excessive force outside of the scope of police work.

    Still the lie could carry more time. If he’s convicted of it my guess is he’ll just get probation and have to retire from the SPD, full pension intact.

    Sucks, but that could be reality.

    Here’s an opinion.

    If the SPD and SFD are planning on how to control the public’s outrage when/if he gets acquitted, shouldn’t we the public also be concerned of what would happen to us if he gets found guilty of both charges?
    I could see the irate police department taking it out in a very unprofessional way on the general public.

  • greenlibertarian on November 01 at 9:05 p.m.

    Zelda, I was RIGHT THERE when the SPD violently broke up a peaceful demonstration in Riverfront Park, 4th of July, let’s see, 2007.

    18 arrested, NO ONE convicted. Police and prosecutors threw in the towel after like 14 months, just dropped the charges. What an idiotic waste of effort and time.

    I watched cops charge into the audience and hog tie people for nothing more than heckling.

    yeah, some of the kids were being punks and loudmouths, nothing illegal, but mostly they got mouthy only AFTER they had cops shadowing them and then surrounding them.

    It was a melee I’d NEVER want to see happen again.

  • PlanB on November 01 at 9:10 p.m.

    @cross, I think it is clear that no matter what the verdict, we should continue to be very concerned about the behavior of the SPD. They are out of control. The whitewashing, lies, and corruption know no bounds.

  • misjustice on November 01 at 9:11 p.m.

    There’s that word again, hogtie…

  • Sunshinegurl on November 01 at 9:54 p.m.

    I think a candlelight vigil for Otto on the federal courthouse steps is more in line with what u can expect from Spokane citizens.

  • Lewis on November 01 at 9:55 p.m.

    officers are reminded to be courteous, remain professional and not get into a big bickering match I think is the bottom line,” DeRuwe said.

    courteous, and professional, do our local cops even know the meaning of those two words. their actions show they have no idea what either word actually means.

    getting ready to shoot us down if their lying murdering buddy gets off? i dont think they will see a actual riot instead they will see isolated cases of abuse on officers.

    Spokane is full of gang bangers and red necks neither group is known for rioting they are both well known for REVENGE!

    Deruwe if your fellow officers even cared it might mean something but since your getting for a war i guess they don’t care. Guess what we dont either.

    eye for an eye.

    bickering match come on they wont bicker they will club the citizen to death.

  • misjustice on November 01 at 9:59 p.m.

    Sunshinegurl, I agree with you…a candlelight rememberance by the citizens, with the coppers in the shadows profiling us and filming us for future reference…

  • Lewis on November 01 at 9:59 p.m.

    we need to keep all the citizens safe,” Spokane Police spokesperson Officer Jennifer DeRuwe said.

    safe you mean like Otto Zehm safe being beat to death for nothing but the need for a snickers bar?

    Deruwe is so full of it i am surprised she can talk with her mouth full of so much dung.

    citizens safe boy that is a hoot. as long as the SPD controls us safe is no longer a viable word when living in spokane.

  • Lewis on November 01 at 10:10 p.m.

    sunshine girl no candle ceremonies after 5pm there is a sign right on the courthouse lawn saying no trespassing after 5pm.

    they would shoot us all down as we close our eyes for a prayer dear father, balm blam blam blam.

    next day they will scream we feared for our life, cause we are a bunch of high paid cowards, and candle wax can burn.

  • Lewis on November 01 at 10:12 p.m.

    misj i hope they film me with my one finger in the air, showing what i think of the cowards.

  • zelda on November 01 at 10:26 p.m.

    Jennifer DeRuwe uses some odd words in her press statements. “Bickering”? It’s like Sister Jennifer lecturing the 5th-grade class before recess. I remember during the Creach press conference she talked about police “outfits” when describing uniforms. Oh, well, they just push her out there and she does the best she can with the material. Being the PIO can’t be fun. She’s like a staked goat sometimes.

    @greenlibertarian — precisely my point. Disproportionate use of force. Should Thompson be acquitted and there is a protest march, I hope it’s composed of 90% underemployed lawyers and GU law students with cellphone cameras.

  • greenlibertarian on November 01 at 11:52 p.m.

    another_perspective on November 01 at 11:25 p.m.

    Deruwe.. I once saw her in uniform. I heard it was made by Omar the Tent Maker.

    Obesity is a big problem, no pun intended.

    Personalizing it as to this case is stupid and non-productive.

  • Liberalsblow on November 02 at 1:06 a.m.

    Thompson will be found innocent. The few people here that always bitch will join there buds at the occupy spokane corner, with their pop bottles, and no one will care.

  • Lewis on November 02 at 7:58 a.m.

    liberal the SPD will care or havent you been paying attention a pop bottle is a lethal weapon.

    and the police with nothing better to do have been counting soda sold getting ready for us to attack them with our favorite soda.

    i collect old stuff and have several glass A&W gallon jugs in my basement. when thrown they will shatter sending shards of glass like a grenade.

    possibly cutting a police mans pant leg or something ohhh, talk about a deadly weapon.

    my son had a great idea pour the pop into a water cannon and shooting at the officers the sticky mess will have them all frantically running to a mirror.

    remember they put the non breather mask o Otto cause he was spitting upon the shoes.

    oh my he is soiling my new shoes quick kill him.

  • BlondeSquawker on November 02 at 9:57 a.m.

    I believe there is a special place in heaven for developmentally disabled people. I also believe there is a special hell for those who beat them to death.

    As Steve Jobs said, “You are born alone, and you die alone”.

    R.I.P., Otto Zehm. You didn’t deserve to die that way. I hope you are smiling down on your loved ones today, as justice awaits your killer.

  • BlondeSquawker on November 02 at 10:22 a.m.

    From the PDF linked by MisJ:

    “In response to Defendant’s successive and repeated baton strikes to his body, Zehm actively tried to get away from Defendant. Defendant Thompson claims, however, that Zehm was actively assaultive towards him after he knocked Zehm to the ground with his baton strikes. In fact, Thompson claims that after he clubbed Zehm to the ground, tasered him, and then clubbed him four (4) more times in the south aisle, that Zehm stood up, took a boxing stance and started throwing punch combinations at his face and chest in the south aisle.

    Other uninvolved civilian witnesses, however, described Zehm as defensive and trying to evade Thompson’s baton and use of force. After Defendant knocked Zehm to the ground with his baton and tasered Zehm, percipient witnesses say Zehm never returned to his feet and in fact remained on the ground to endure Defendant’s remaining “11” baton strikes to his body.

    Several other SPD Officers, including those named as Defendants in the civil suit, (e.g., Officers Steve Braun Jr., Jason Uberuaga, Erin Raleigh, Dan Torok, Zach Dahle, and David Voeller) arrived and helped Defendant Thompson forcibly
    secure Zehm in a prone, “hog-tie” restraint, in which position Zehm remained for approximately 17 minutes, the last three with a plastic non-rebreather mask on his face.

    Officer Raleigh observed that Otto had stopped breathing. The officers decided to roll Mr. Zehm on to his side and observed that Otto’s face had turned purple. They then called for paramedic assistance. Otto’s last statement, before he went unconscious, was: “I only wanted a Snickers.”“

    ___________________________________________

    Defendant claims he “never struck Zehm in the head or neck with his baton, particularly since blows to those areas are deemed lethal force, which force could not be justified under the circumstances”. The medical examiner says he was struck in the head. If not Thompson, then who did it?

    I watched the video and it appears that Otto was trying to defend his head from getting hit with the baton. There was no time for any prolonged defiant stance on Otto’s part, as Thompson claimed.

    Anyone who believes this cop is beyond reproach needs their head examined. He clearly appears to be a liar and a murderer to me.

  • wdodd on November 02 at 10:29 a.m.

    If the Feds have anything to do about persuing further, I think Old Mary Verner and City Attorney Rocco (Bull Dog) are not out of the woods yet along with city prosecutor Tucker and police chief Kirkpatrick. These people should be brought forward on charges of obstruction of justice. Now the civil case goes buy different set of rules and the county is insured for up to $1,000,000. The taxpayers will be flipping the rest of the bill. I can see now why that the mayor wants to raise property taxes for Spokane to cover the cost. The police will no longer investigate property crimes as well. So the only could thing left for the SPD is continue their practices of execution by computer read out and then running to the police guild when they get into trouble. The guild has way too much power and must influence the city officials terribly. This is so sad for Spokane. Once called the All American city is more like the killing spree for the police.

  • davidw on November 02 at 12:00 p.m.

    CLARIFICATION and FYI on yesterday’s deliberations.

    Early reports from Yakima erroneously indicated that the jury had asked to return to the courtroom to watch the Zip Trip security video. However, when jurors were seated it became clear they only wanted to listen to the taped interview Thompson gave to the SPD.

    I noticed some confusion about that in this and other comment threads and just got done talking with SR reporter Tom Clouse, who is in Yakima covering this story, to get some clarification.

    Clouse said the original explanation given to media and others at the courthouse yesterday was that the jury was being brought back to watch the security video, which is why initial Twitter feeds expressed that. Once the jury was seated the note expressing interest only in the SPD interview was read, which is why our print and homepage coverage includes only references to the taped interview.

    Hope that helps clear up any confusion.

    David Wasson, deputy city editor

  • misjustice on November 02 at 12:50 p.m.

    Thanks for the clarification, Mr. Wasson.

  • Ron_the_Cop on November 02 at 8:14 p.m.

    thanks too Mr. Wasson. Watching the twitter feeds was confusing.

    BTW if others have been off world and haven’t read the S-R homepage, the jury returned guilty verdicts on both counts.

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