Spokane7
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November 1, 2011 in City
Thompson case goes to jurors
Prosecuting, defense attorneys make closing arguments
YAKIMA – Jurors were asked Monday to decide whether Spokane police Officer Karl F. Thompson Jr. is a “rogue cop” and liar who hid behind a departmental coverup, or a “hero” who was protecting the public when he beat Otto Zehm with a baton 13 times and shocked him with a Taser.
Deliberations in the excessive force trial began on what would have been Zehm’s 42nd birthday. He died without regaining consciousness following a violent March 18, 2006, police confrontation inside a Spokane convenience store after being mistakenly identified as a suspect in a possible theft.
“The defendant abused the power entrusted to him with a brutal, unprovoked attack that left Mr. Zehm helpless and beaten in the center aisle. Then he counted on his department to whitewash the incident … and it did,” federal prosecutor Victor Boutros said in closing arguments Monday. “This is a tragic and terrible story. It’s not over yet. The defendant doesn’t get to abuse Mr. Zehm with impunity and then cover it up.
“You get the final word,” Boutros continued. “And the final word is ‘guilty.’ ”
But defense attorney Carl Oreskovich described Thompson as a Vietnam War hero and high-school-dropout-turned-college-graduate who had his reputation soiled by overzealous federal prosecutors seeking to convict him for legitimate law enforcement actions.
“This is not a man who creates a web of lies. This is an honorable man,” Oreskovich said of his client during closing arguments Monday. “This is not a rogue, tough-guy cop … who runs up on someone and clubs them with a baton. He’s not a liar, not a Tombstone-courage cowboy, but someone who was known as a thinker with a good demeanor who had the respect and admiration of probably the toughest critics: the people that you work with.”
The attorneys delivered their closing statements as the trial entered its fourth week. Thompson is charged with using unreasonable force and lying to investigators following the confrontation with Zehm, who was at the time a 36-year-old part-time janitor with paranoid schizophrenia who liked to meet with friends for guitar jam sessions.
Earlier in the day, Assistant U.S. Attorney Timothy Durkin persuaded U.S. District Court Judge Fred Van Sickle to include a jury instruction that spells out that a citizen can resist unlawful force.
“Respectfully, the failure to advise the theory in this case that Mr. Zehm had a right to resist unreasonably excessive, injurious and lethal force … will result in a manifest injustice,” Durkin said. “The failure to inform the jury that Mr. Zehm had the right to resist … will force the jury to believe that the defendant was the only one authorized to use force.”
Boutros at one point invoked the comic book hero Spider-Man while arguing that jurors should find Thompson’s version of the encounter absurd.
Boutros said Thompson and several Spokane police witnesses previously testified that only experienced police officers can see warning signs of violence that regular citizens don’t, such as Zehm’s eyes, facial expression and “invisible” tensing of muscles under a heavy leather jacket.
“It’s almost like Spidey sense,” Boutros said. “You know how Spider-Man has a glint in his eye and he knows something bad is about to happen. It can’t be impeached by citizen eyewitnesses or video. Only (Thompson) could have seen those things.”
Boutros said Thompson knew he could get away with his unjustified beating of Zehm because he knew Detective Terry Ferguson “is going to whitewash this for him and she does. Not only does she say don’t prosecute but she says there is no evidence of excessive force. None.
“What he didn’t consider is another review” by the FBI that included comparing witness statements and Thompson’s version of events to the video, Boutros continued.
Thompson’s March 22, 2006, statement includes several allegations of Zehm’s actions, none of which were shown on the video, he said.
“Then he takes the stand and gives you a third version. ‘I got some things out of order. All the stuff you can’t see? That’s where my justifications are’ ” he said, speaking for Thompson. “It’s all hidden behind the shelf.”
But Oreskovich countered that federal prosecutors had failed to prove the case because Thompson can only be judged by what he perceived at the time, and Thompson believed that Zehm – who was retreating – was about to assault him.
“The government has not established one iota – not one shred of evidence – that this man acted with a bad or evil purpose,” Oreskovich said. “If those were my children standing at the counter (of the Zip Trip), if someone had taken money, ran away and appeared to be high … what I want is this man to go in there. That’s what we ask of (officers). Isn’t that what we have them for, to respond to the risk and to have courage?
“He does the job we demand,” Oreskovich continued. “Now he gets accused of a crime and accused of creating a web of lies.”
Boutros challenged Oreskovich’s notion that after 5 ½ years Thompson was somehow the victim.
“Don’t forget what happened to Mr. Zehm,” Boutros told the jury. “Don’t forget the terror and panic Mr. Zehm suffered with no way to stop the acts from continuing. His last words were, ‘All I wanted was a Snickers.’ We are asking you to let the defendant know that no one is above the law.”
1992 murder trial begins against sex offender 
Ron_the_Cop on November 01 at 12:07 a.m.
Previous version of Clouse’s article with extensive comment thread:
http://www.spokesman.com/stories/2011/oct/31/prosecutors-ask-jury-convict-thompson-brutal-attac/
I watched the closing arguments in court to today. You can read my commentary at my blog http://tinyurl.com/3jah3bx. Here’s an excerpt:
wheels on November 01 at 5:31 a.m.
an ‘Honorable man’?
garzap on November 01 at 5:33 a.m.
There is no wilfullness, this guy was moving like aberrant tank or a fastly animated Frankensteinen monster. If he had just respected the law he would have been OK. If you don’t obey an officer when he is right in front of you then you have no place in society and should be taken care of in a mental hospital situation.
Pat O'Leary on November 01 at 5:35 a.m.
The entire defense rests on a pack of liars and what they say. One can only hope that this doesn’t go the way the Shonto Pete trial went.
“All I wanted was a Snickers bar”, and he’s dead because of this simple wish.
ChefGus/ John Olsen on November 01 at 6:00 a.m.
My vote is for “Rogue Cop”…. and “Rogue Attorney” … unbelievable closing argument from that slimy guy… no ethics and no sense of “Justice”…. just clearly on the side of “Just Us” from Richard Pryor’s view of police. Makes me sick, physically to watch that video… and i’m a “tough guy”… makes me cry that a person, and all of their command staff, and city leaders could abrogate their responsibility under their oath to defend the Constitution against All enemies Foreign and Domestic… They all just fell down on the job…. and as a result our Civil Rights remain at risk… and if this jury goes sideways and the cop walks… we are in deep trouble here in Spokane….john olsen
ChefGus/ John Olsen on November 01 at 6:14 a.m.
Hey Garzap… tell us who your are?? whats your name and your home town? and what is your “police background”… John ( come on out of the closet)
Diana on November 01 at 6:38 a.m.
Somebody wrote: “… this guy was moving like aberrant tank or a fastly animated Frankensteinen monster. If he had just respected the law he would have been OK.”
Thompson ran into that Zip Trip like an aberrant tank. And Otto would be alive today if Thompson had just respected the law.
Spokane_Citizen on November 01 at 6:45 a.m.
ChefGus, you somehow refuse to understand the fundamental legal obligations a good defense attorney has; he MUST mount a strong fight for his client. Your denigration of CO is uncalled for. A weakly constructed defense argument greatly increases the chances of a successful appeal should the prosecution prevail. Guilty men have walked free, and innocent men sent to prison, because of a lukewarm defense effort. Like it not, CO must be Thompson’s ardent advocate, just as the prosecutor must energetically seek a determination of guilt by the jury…who is the ultimate authority in this matter.
Were you to be unjustly charged with a crime (an extemely unlikely possibility, given your sterling character) you’d be surprised what nasty things a good prosecutor would say about you (and no, I’m not saying Thompson is innocent). This is a contest of wit and drama. It’s the way it’s supposed to be; without such effort we’d have a judicial system that depends upon mob psychology, which is what is in strong evidence here in this forum.
jddavis on November 01 at 7:05 a.m.
ChefGus—Garzap is a lady who lives in Yakima, and frequently comments on stories in the paper there, and a few others.
Garzap—find a link to and watch the videos taken of the incident from inside the store. You won’t see anything like you describe; Otto wasn’t even facing Thompson initially. Perhaps get familiar with the facts before you post comments…you look foolish.
Lewis on November 01 at 7:09 a.m.
chefgus her name is pat she has a post on kxly check it out.
she is just some nut that has nothing else to do.
let us all pray for a guilty verdict.
fingers crossed
Orphan on November 01 at 7:36 a.m.
Go to jail Thompson!!!!!
The_Seer on November 01 at 8:06 a.m.
jddavis: Direct garzap to the Facebook page for In One Eye and Out the Other Productions (my company) and let her watch the video. I am changing the name of the film from “Otto’s Zip Trip” to “All I Wanted was a Snicker’s.”
I think their will be a hung jury on the excessive force charge and a guilty on the obstruction charge. Luckily the obstruction charge carries a longer sentence. In addition, I believe we’ll see some movement at the state level to charge the officers responsible for the death of Otto, meaning the ones who sat on him until he stopped breathing using techniques clearly in violation of their training. There will also be other SPD members charged with obstruction to included Odenthal, McIntyre, Ferguson and up to half a dozen others. The big fish and the ones the feds want the most is Rocco. He’s going down and going down big time. His shadow investigation of this incident that occurred alongside the one the feds conducted demonstrate a complete lack of respect for ethics, rule of law and common sense.
brianrbreen on November 01 at 8:07 a.m.
John,
For what it’s worth. I’ve worked with, not for, Carl Oreskovich on a number of occasions in the past. He is an honest ethical guy who represents his clients with the utmost of professionalism. I understand how many people not familiar with how the criminal justice system works could form the opinion that because he is aggressively defending his client that he is no better then the client. Something else people don’t understand is that even though a lawyer may have nothing but distain for his/her client they still have a moral and ethical obligation to aggressively defend them. That is what Oreskovich is doing. I’ve been in a position where I’ve had to deal with “slime bag” lawyers, Carl Oreskovich is not one of them.
Please don’t mistake a lawyer doing his duty, with a rouge police officer who wasn’t.
Hunterman on November 01 at 8:08 a.m.
‘Eyes, facial expression, tensing of muscles?’ Who wouldn’t if somebody came at you unexpectedly like an angry bull and immediately started beating on you and yelling at you? Otto was terrified and I don’t think that will be lost on the jurers. Thompsen was the instigator and his actions caused this whole chain of events that led to an innocent man’s death.
BlondeSquawker on November 01 at 8:24 a.m.
Likely, Otto was trying to figure out the logic of the cop wanting him to drop a plastic bottle and wondered if he correctly heard what the cop said. But it really doesn’t matter whether he dropped the bottle on command or not. He would have received the same beating.
Albert on November 01 at 8:29 a.m.
Brian I have the utmost respect for you, however I will fundamentally disagree with your comments pertaining to the defense attorney. He is without conscience, or soul…”It’s simply a money thing.”
I would pray that rightful judgment takes a course in this action and his life becomes one of calamity. P. Pilate rendered the same service to his citizenry.
GaryP on November 01 at 8:34 a.m.
The jury is more informed than any of us and way more informed than the media. We should accept their verdict either way…
Slightlyworried on November 01 at 8:49 a.m.
@garzap:
Did you actually follow the testimony and or did you accidently drink some 505 Kool Aid last night?
The undisputed facts are that 2.2 seconds elapsed between the time Thompson allegedly said something to Otto and the time Thompson began hitting him with a baton. The witnesses in the store do not believe Thompson said anything to Otto. Thompson claims he said “drop the bottle” twice because Otto “took a boxing stance.” The videotape clearly shows no boxing stance. Even Thompson had to finally admit there was no boxing stance.
It would be nice if you made an argument for a not guilty verdict based upon the evidence in the record. Simply repeating what you heard from a police officer is not very helpful to your cause when we have videotape evidence to the contrary.
greenlibertarian on November 01 at 8:55 a.m.
Yep, Otto was retreating so he could get good and ready to smash that Pepsi bottle on Thompson’s noggin.
Garzap told me so. It’s the “leftist” way of operating.
What we’ve got here is… failure to communicate. Some men you just can’t reach. So you get what we had here last week, which is the way he wants it… well, he gets it. I don’t like it any more than you men.
RIP Otto.
BlondeSquawker on November 01 at 9:04 a.m.
Yeah, right, GaryP. Just like we accepted the release of Casey Anthony.
Scoutster on November 01 at 9:15 a.m.
Ignore garzap and it will go away.
Oreskovich is just an attorney working in the slime infested jungle of our legal system. Sometimes, it gets on you, and the better you are at working the jungle, the more slime gets on you.
But let’s not forget—John Adams defended the British soldiers at the Boston Tea Party. It’s their job, and each of us is entitled to a spirited defense.
Slightlyworried on November 01 at 9:37 a.m.
@Scoutster
I think you meant Boston Massacre. But your point is very well taken.
Ironically, I believe the Boston Massacare involved a controversial British law. Whenever British troops found a gathering of Colonists they did not like they could read a warning out loud to disperse. If the crowd had not dispersed by the time the warning was read, the British troops could open fire. In Boston, some Colonist’s decided to test the law. They lost their lives. The subsequent trial was about whether the use of deadly force was justified under the circumstances.
Sound familiar?
greenlibertarian on November 01 at 9:38 a.m.
John Adams did have a point, granted.
Thank the god of the Jefferson Bible that Thomas Jefferson had a stronger point.
nslopeofw on November 01 at 9:53 a.m.
Seer-
Powerful, dude. If that is a “rough cut”, the finished product will be incredible. I got misty eyed.
Thank you!
Slope
greenlibertarian on November 01 at 10:04 a.m.
Slope’s referencing this:
http://www.facebook.com/pages/In-One-Eye-and-Out-the-Other-Productions/162457740455974
I shall attempt to make this ancient Windoze 2k computer of mine display such.
I sense a reboot coming.
If there’s common ground, that’s a good thing, nslope.
Scoutster on November 01 at 10:25 a.m.
Sorry…I did mean Massacre…Thanks, slightly
greenlibertarian on November 01 at 10:45 a.m.
shadedmuse, knock it off, you aren’t funny.
greenlibertarian on November 01 at 10:49 a.m.
Interesting start, Parker. Couldn’t watch in HD. Barely see Thompson walloping on Otto.
Might want to change that language about Otto being dead within a half hour of entering the Zip Trip as officially, he didn’t die for two days.
He may have been destined to die after that half hour, but it’s incorrect to say he DID die at the Zip Trip.
Maintain credibility.
another_perspective on November 01 at 11:01 a.m.
Innocent or guilty a defense attorney is required to present any or all evidence that can or cannot be judged “beyond a reasonable doubt”. The keyword there is “reasonable”, do our randomly and theoretically unbiased jurors have the ability to see beyond the b.s. provided by the defense?
I believe a jury instruction should include the disclaimer that the prosecutiions responsibility is to provide evidence of guilt and the defense to provide evidence of not guilty. That spin on both sides is to prove there case.
In this trial everything weighs upon the videos of which any sane person can clearly see that Otto was clubbed to near death within 2.25 seconds. It should be noted that all those yellow traffic lights are theoretically timed for 3 seconds. So for shorter time than it takes one to get a photo red ticket, a man began his short journed to death at a supposedly “trained” police officer whose duties are to serve and protect. Not Klub, lie, and whitewash.
BlondeSquawker on November 01 at 11:23 a.m.
Shade, don’t be an idiot. You are way out of bounds here.
BlondeSquawker on November 01 at 11:29 a.m.
Oh, sorry shade. I thought you were being serious. I’m still taken in by Soccermom every now and then as well. ; )
brianrbreen on November 01 at 11:48 a.m.
@Albert
I completely understand, and you know what, so does Carl Oreskovich. I just though I’d offer a perspective from the standpoint of someone that actually knows him, worked with him, and has respect him.
Look at it this way, I haven’t hesitated to say what I think, with my own name, and without fear. I’m just telling you the way I feel, and know in my own heart and mind.
If you would like to talk about one of his partners in the firm who every time he ended up on his arse, blamed me, so I had to slap the crap out of him, that’s a different story. :)
Lewis on November 01 at 11:51 a.m.
GaryP no the jury is not as informed as us, they don’t know Otto wasn’t on drugs and that he was innocent.
Two major points, but the defense got to paint him has a drug induced crook.
Thoreau on November 01 at 12:02 p.m.
If Otto dropped the soda bottle, then he would “have been throwing the weapon [bottle] at the officer.” Either way, Otto was screwed.
The_Seer on November 01 at 12:21 p.m.
greenlib: I put that graphic on the ending of the opening sequence years ago and I realized the mistake almost immediately. I needed something to show a few funders what type of visual style the film will adopt. I have removed that graphic and will replace it with an interview of the attending emergency room physician and the M.E. In addition, when I first cut that Zip Trip sequence I didn’t have the other two angles from the surveillance video. I have them now but I don’t plan on changing the opening because I want what is hidden to enhance the dramatic effect. I’ll show the other angles later in the project when the events are being described by eyewitnesses.
Otto was dead when he left the Zip Trip. He never regained consciousness and the initial MRI determined he was brain dead at that time. I understand he wasn’t removed from life support for two days but it’s super important for the viewer to understand that his deadly injuries occurred well before arriving at the hospital.
brianrbreen on November 01 at 12:55 p.m.
Lewis,
Whatever the jury decides doesn’t mean everyone has to except it, like some would like to have you believe. As an individual, I’ll make my own decisions beyond what the jury was provided based on the law, there is so much more there.
There are a number of cops rooting for acquittal, and a few are rooting for conviction. Once the trial is done, no matter what the outcome is, there will be two sides, I think you know the side I’m on. One of the sides is, so see he was innocent and there is nothing there. The other is my side which takes so many things into account.
@misjustice
Don’t tack a worry on it. Like I said at least we aren’t paying for it. I have more then one facebook page. If you really want to do some investigating try and find out who “underthecover” is. I already know let’s see if you can do it.
Shadedmuse on November 01 at 1:05 p.m.
Otto’ middle name is Karl.
jddavis on November 01 at 1:21 p.m.
@Seer
I realize the conflict of your decision to post the link to your project. Thank you for doing it; I look forward to the completed product.
brianrbreen on November 01 at 1:38 p.m.
@shadedmuse
I realize you don’t have the character or the conviction to tell people who you are, and as you know, I do. The shots you took at me were booted, not by me, but by the SR. I totally give the SR my permission to allow you to post anything you want about me. Just don’t use bad language.
If people knew who you are then it might put things in perspective, or they would ignore it. It’s up to you, again let me reiterate I give my permission to allow you to post anything you want about me, and I won’t even divulge who you are.
I will say this however, you are pretty much the epitome of why people are so concerned about our police department.
davidw on November 01 at 1:52 p.m.
UPDATE — The jury is returning to the courtroom in Yakima to watch the Zip Trip security video.
SR reporter @ClouseThomas is live Tweeting the developments.
brianrbreen on November 01 at 2:06 p.m.
Knew that was going to happen. Let’s see what will happen in the courtroom.
brianrbreen on November 01 at 2:27 p.m.
Count II
Shadedmuse on November 01 at 2:29 p.m.
My Name is Shadedmuse, I’m so sick and tired of all the bashing and trashing of a poor innocent man who was tried and convicted By Spokane Media, what uis the biggest joke in the world, I Get my News from KLEW CBS 3 channel 3 n directv and dish network and tonight KLEW will be the ONLY CBS station on Directv as KREM pulls their signal becaus ethey want more money, KREM doesn’t need more money, if tdhey dont want to be on Directv then Audios Muchachos.
I have no Idea what a Brian Breen is , never met him never talked about it dont know him. does he work at KREM? who knows I dont know.
The Irony here is Otto’s middle name is Karl? GO figure
greenlibertarian on November 01 at 2:37 p.m.
shadedmuse, seriously, knock it off.
It seems some posts have gone missing here, I do wonder what misjustice was getting at.
Squid on November 01 at 2:49 p.m.
Lewis, your stickers are in the mail. Should get to you in a couple days.
Praying for a guilty verdict. Maybe others will be charged, if Thompson is found guilty. If he is found innocent, I am guessing the Feds will cut their losses and head out of town. Will be no laws that apply to our police, and it may even get worse.
With Spokane being in the top 3 WA towns for theft and violent crime rates, and #4 IN THE NATION for vehicle thefts, please vote for Condon. Don’t look at it as voting for a Republican, please look at it as a vote against Verner. Put you political affiliations aside, or things will get worse. Couldn’t hurt to have ANYONE ELSE as mayor, besides Mary.
Shadedmuse on November 01 at 2:57 p.m.
Vote for Verner and vote against Cathy Mc-mo-mop’s Boy. lets make the mayors race a referendum on Cathy mc-mo-mo and her republican-tea-bagger do nothing policys. its the republican-tea-baggers who are the ones that have screwed up Spokane and the entire nation.
michaelm on November 01 at 3:18 p.m.
As the online producer du jour, I realize what’s “offensive” is subjective, so I try to keep deletions to a minimum. But some of the comments in this and other threads lately have, in my opinion, needed to be excised because they’re just plain mean-spirited. Our purpose in allowing comments is to further discussion, not to abet insults of anyone — living or dead.
Review your comments objectively, and compare them to the spirit of our “rules”. Are they “obscene, defamatory … off-topic”? Are they meant to make a point or just insult/antagonize other posters?
another_perspective on November 01 at 3:19 p.m.
Verner could win if she had fired all the corrupt incompetents in City hall and Kirkpatrick. However she has chosen to surround herself with corruption and incompetents and liars. One just hopes she gets this message before she gets the message at the ballot box.
Condon’s a little weasel. Non-partisan race my backside. He wasn’t even a good puppet master at mcroro’s clown fest.
Shadedmuse on November 01 at 3:39 p.m.
City of Spokane needs to name Karl Thompson as Chief Ann’s replacement, after all the only verdict that will happend is NOT GUILTY!!!!!!!!!
misjustice on November 01 at 3:47 p.m.
@ Green, I did not post to this thread…it was the other one.
http://www.spokesman.com/stories/2011/oct/31/prosecutors-ask-jury-convict-thompson-brutal-attac/
detroitdude on November 01 at 4:20 p.m.
@Seer: Thank you for that video. Would like to see it in its entirety.
Lewis on November 01 at 5:07 p.m.
squid thank you i cant wait to make my tribute to the boys in blue on my truck, hahaha
good talking to you
brain yes i have my own opinion as you know:) i don’t care what the jury says I cant wait for Karl to meet his new cell mate Bruno.
The_Seer on November 01 at 5:36 p.m.
detroit: Thank you, and to others who expressed similar sentiments. I can’t wait for you to see the completed work as well. I really like what I have so far. I’m trying to remain objective as a documentarian but since I can’t currently include interviews with police officials and those involved with this incident it will inevitably be labeled as biased by some. Who knows, maybe I’ll wait for everything to shake out after either convictions or acquittals and see if the police want to include their perspective. The work will be complete without it too because that is a simple reflection of reality. They CAN’T talk to me now and probably wouldn’t want to ever. So be it. There is enough material of theirs in the public domain to offer a portrayal.
misjustice on November 01 at 5:56 p.m.
Seer, my Peep!
Not sure if you read the Federal Proffer on this case but here is a link to it. It has some information that you may find helpful…or not.
It’s long and in PDF form; I dedicated several hours to reading it, and it broke my heart…I also refer to it often, most recently when Ozman made false claims regarding the Ironwood baton that Karl the Klubber fancies.
http://friendsofmarkfuhrman.org/blog/wp-content/uploads/2011/08/zehm-case-durkin-main-4-13-filing.pdf
misjustice on November 01 at 7:02 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
ChefGus/ John Olsen on November 02 at 5:36 a.m.
I am told by a reliable source that there will be a “gathering” of people at the Zip Trip… the day the verdict is announced… either way the verdict goes…pass the word…. John Olsen tweet, twitter, facebook, email.. get the word out… :))
brianrbreen on November 02 at 12:55 p.m.
Are you cooking breakfast?
brianrbreen on November 02 at 1:43 p.m.
Juries are funny. You never know where they are going to go, or who they are. as an example, as mush as I dislike Jeff Harvey. The one hold out in his jury was a guy who was married to a gal in the Spokane County Sheriff’s Office Ident. Section. He is the guy who ran out of the courtroom and refused to talk to the media. I don’t know why he held out, perhaps that was what he believed.
Just Sayin!
BlondeSquawker on November 02 at 11:15 p.m.
Justice served: 11/2/11.
R.I.P. Otto Zehm