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November 4, 2011 in City
Defense to seek new trial
Oreskovich claims jury was exposed to ‘inflammatory’ TV information
A federal judge delayed a decision whether to take convicted Spokane police Officer Karl F. Thompson Jr. into custody after his defense attorney said Thursday that he will seek a new trial based on allegations of juror misconduct.
Carl Oreskovich, Thompson’s attorney, said he witnessed jurors watching TV reports of the trial while it was under way.
The trial concluded Wednesday in Yakima with Thompson’s convictions on charges of using excessive force against Otto Zehm and lying to cover up his actions in the March 18, 2006, beating from which Zehm died two days later.
U.S. Magistrate Judge James Hutton said he will rule at 10 a.m. today. Federal prosecutors had sought in a hearing Thursday to take Thompson into custody following his Wednesday conviction for a violent crime – the baton attack on Zehm.
Oreskovich said the allegation of jury misconduct will become a part of a motion to seek a new trial from U.S. District Court Judge Fred Van Sickle, who presided over the just-concluded trial.
Thompson declined comment.
Thompson, defense attorneys and even Van Sickle all stayed in the Oxford Suites hotel in Yakima, along with five of the 12 jurors selected from the south-central portion of the state. At certain times, members of all those groups mingled for morning breakfast in a common area that had at least two televisions showing various news updates on Northwest Cable News.
“We believe, based on our own observations, that jurors were exposed to inflammatory information” from television coverage of the trial, Oreskovich said. Trial coverage was “frequently piped in, including information from the trial of Officer Thompson and the beating death of a mentally-ill janitor.”
Prior to closing arguments, the jurors sent Van Sickle a note seeking to know more information about Zehm’s job status, how he was viewed in the community, whether he used drugs, if he had mental illness and whether he had a criminal history. All of that information was barred from disclosure during the trial by Van Sickle through previous rulings, and he told the jury that some information was withheld based on legal decisions.
Victor Boutros, a trial attorney with the U.S. Department of Justice, said the note from jurors is evidence that they did not glean any incriminating information even if they did see news reports.
“I see no reason why this was not raised before the court immediately,” Boutros said of Oreskovich’s allegation. “I’m troubled that this comes out after the conviction.”
Attorneys, as officers of the court, are bound to report violations of rules, including juror misconduct such as watching news coverage of a trial if they’ve been ordered not to. On Thursday, Oreskovich declined to comment on that aspect of his duties. “I’m not going to deal with that,” he said.
As for detaining Thompson, Boutros said case law was established in the 1992 Los Angeles police beating trial of Rodney King. Officers in that case were convicted in federal court and sought to remain out of jail until sentencing, but the judge ordered them detained, Boutros said.
“There is no special pleading for law enforcement officers” convicted of violent crimes, Boutros said. “They are not above the law.”
But Oreskovich said nothing precludes a judge from using his or her discretion to determine whether someone can remain free.
“This conviction was in fact an aberration in a whole lifetime dedicated to serving and protecting the public,” Oreskovich said. “It is abundantly clear … that Officer Thompson does not pose any danger to flee. He has conducted himself as a law-abiding, peaceful person.”
Jeffry Finer, who is representing Zehm’s family in the companion civil case, said Zehm’s mother, Ann Zehm, has sought from the beginning to seek accountability for her son’s assault and death.
“The larger concern of the family is that no one has accepted responsibility at this point,” Finer said. “Whatever good acts (Thompson) did in the past … he gave way to an impulse. They ask that the court detain the defendant.”
1992 murder trial begins against sex offender 
Scoutster on November 04 at 12:34 a.m.
Another criminal trying to get off on a technicality.
another_perspective on November 04 at 12:40 a.m.
Irony that he is out on bail because he is a “law abiding peaceful citizen” now convicted of breaking the law. I guess he isn’t so law abiding nor peaceful after killing Otto, now is he?
liberal_in_right_wing_land on November 04 at 1:23 a.m.
Seems they should have brought this up sooner, maybe when he was having breakfast with the judge at the same hotel.
Just seems to be delaying the inevitable and trying to waste more tax payer money on a killer cop. Give it up and let this corrupt killer officer get his true justice behind bars where they don’t really like cops in jail.
oneanddone on November 04 at 4:25 a.m.
This is why lawyers have a lower approval rating than Congress. Truth, honor, justice, cleanliness, Godliness are all irrelevant to the legal profession.
mikeln on November 04 at 5:44 a.m.
Now they are saying the jurrors may have found out otto was innocent of any crime and had no drugs in his body. This would have shown otto had no reason to be combative. This would have blown holes in the story that otto lunged at him. My guess is if the jury had known this they would have returned a guilty verdict in a hour instead of a day.
SpokaneLiberal on November 04 at 6:00 a.m.
If he saw jury misconduct and did not immediately report it then he should be held in contempt AND he should lose the ability to use that misconduct on appeal.
DHF on November 04 at 6:20 a.m.
They didnt get the name of Blood sucking sleeze ball lawyers for no reason. The taxpayer should not have to pay for a second trial and I hope by now Thompson has been fired and the City should be looking at the lying officers who tried to provide cover for him.and get rid of them all. There needs to be closure on this part of Otto’s unnecessary death. Then they can deal with the Civil Suit.
Lewis on November 04 at 6:27 a.m.
oneanddone you do realize 57% of the members of congress are lawyers?
CO is upset he doesnt lose cases, well he lost this one. Get over and buy your ex client a soap on the rope, maybe he can find one shaped like a baton.
I am sure the fed expected something like this since CO and Karl have been underhanded in all this.
Truthhurts on November 04 at 6:42 a.m.
Thompson pretending to be too poor to afford his own attorney is based upon a fraudulent divorce and fraudulent court filings.
The City playing along with the fraud has made paying for Oreskovich a gift of public funds.
Some lawyers do have integrity, and I am sure that many people will file bar complaints against Oreskovich for this stunt.
The cover-up is the greater crime, and gifting public funds to Thompson is part of the cover-up.
philipgregory on November 04 at 6:44 a.m.
It better not be on taxpayer’s tab!!!
wheels on November 04 at 7:20 a.m.
Carl is really reaching now…….Cut your losses
D Statler on November 04 at 7:21 a.m.
I believe Mr. Thompson and his Spouse divorced to shield their assets.Then it comes out about the $675K home in Hayden they still occupy together.Seems that the state would want to recover some legal fees in these tough economic times.
This appears to be somewhat of a pattern as now I hear Rustin Olsen(SVPD) has filed for his asset shielding divorce also.Olsen was the shooter in the Dodd case. Bullit #3 was no doubt an execution style murder. These LEOs that make these terrible mistakes should be held accountable. The same way we would if we had wrongfully killed someone. The officials and leaders involved in whitewashing these killings need to be voted out immediately,fired or prosecuted.
JUSTIFIED SHOOTING???
This will be on our nickle and you can bet that in the current circunstances.It will happen again. Time to start the official cleansing by voting out the Mayor and every council member that set back and said nothing. Then remove Steve Tucker as soon as possible.His lack of leadership and action made this infection spread thru all branches of local government. We in the County have some well informed voting to do also.Lets get our ballots mailed in soon.
bdr on November 04 at 7:23 a.m.
Jezz…..if Otto would have just laid down and not resisted or spit he’d be alive today. I don’t see any connection between Thompson and Otto’s death 2 days later.
(The OWS movement receives the same harassment that Thompson gave to Otto or even worse with no death).
Otto expired due to his own fight.
brianrbreen on November 04 at 7:42 a.m.
You know some of the comments made on here, take me back to the Coe Investigation when a lot of public ire developed when a comment was attributed to the Divison Capt. in charge of the investigation. According to the reporter when she asked what women should do if they are attacked by a rapist, he responded “Lay back and enjoy it!”
I don’t know if he actually said that, but if he did what a stupid response.
IHike4Fun on November 04 at 7:54 a.m.
If it goes to a new trial because of a juror (or jurors) watching TV reports on the trial then:
1. The outcome will likely be the same
2. It underscores the importance of following the judges
instructions to the jury.
And in my opinion if a juror did this then the grounds for a mistrial exist and shame on the juror for wasting everyones time and $$.
Lewis on November 04 at 7:57 a.m.
bdr how about i club you 13 times over the head taser you twice in the stomach and you just lay there and take it.
your post is probably one of the stupidest so far.
BlondeSquawker on November 04 at 8:09 a.m.
He can say he saw them watching tv, but does he have it on film? Does he have any witnesses?
wdodd on November 04 at 8:50 a.m.
I bet the mayor,city attorny(Rocco), Tucker and the SPD are shaking in their boots knowing that there are possible indictments coming down soon in the cover up of Otto Zehm.
I think the tune they are hearing now is this. In the air tonight written by Phil Collins. He was inspired to write this song after witnessing someone watch another person die and wouldn’t help him.
I bet there all hearing this tune now!!
http://www.youtube.com/watch?v=YkADj0TPrJA&ob=av2e
princessdd on November 04 at 9:02 a.m.
If Thompson, the entire SPD and City Hall continue to maintain Thompson’s innocence in this matter, how will anything ever change for the better? If this officer did nothing wrong in their eyes, then no changes will be made in the police training or police procedures when approaching or questioning a suspicious person. If this officer is deemed innocent by the SPD and City Hall (in spite of his conviction in a court of law), then there will be no further investigation into the “whitewash” cover up that laid the blame for Otto’s death at the victim’s feet. The saddest part of all of this is that there is NO ONE accepting responsibility for anything that went wrong here - not the LEOs involved in the beating and subsequent cover up, not the prosecutors who determined that Otto deserved what he got, not City Hall that determined the police acted in an appropriate manner, even after viewing the surveillance video. There is no justice here unless this event is the catalyst for CHANGE.
Ron_the_Cop on November 04 at 9:13 a.m.
Just a note of clarification. I think the feds are paying CO for the criminal defense. It’s still taxpayer money in the end. If the judge was sitting in the same complimentary breakfast room, this should have come to his attention to and could have taken steps if he thought this was a problem. This is the real world and you can’t live in a bubble unless the jury was sequestered with a baliff to watch over them.
The S-R ran and editorial opinion and I commented there with what I thought should be done to remedy the trust problem in Spokane.
http://www.spokesman.com/stories/2011/nov/04/editorial-zehm-case-shows-need-for-reforms/?comments#c366983
Loudin on November 04 at 9:35 a.m.
Looks like we have another local w/”The Police are our Daddies” issues (BDR)…or else, we have another disgruntled cop posting anonymously.
Here’s the deal: If you’re a cop and you don’t like the outcome, quit the force. You weren’t drafted and Lord knows the income, O/T, benefits, early retirement and union representation can’t be found w/any other employment in the Spokane-area. So suck it up, quit whining like a bunch of ‘tween girls on Facebook and do your jobs. In a world w/10% unemployment, you are not irreplaceable…and I doubt the new candidates for your jobs can do worse. Beat a guy a to death, shoot an unarmed guy in the head, go pants-less at espresso stands, offer traffic violators no citation if they flash you…yeah, what a bunch of “American Heroes” (quote taken from the cop’s Facebook page).
We employee you, not vice-versa. Do your jobs, do your jobs correctly and quit costing us even more money. Otherwise, quit and go be ditch diggers.
Loudin
JayNW on November 04 at 9:47 a.m.
Thank you to the officers who responded to the Monroe street Bridge early this morning and prevented a lady from jumping to her death. Thank you for doing your jobs and risking your lives.
For every negative comment for an officer doing wrong, we should be praising all of those officers who do hundreds and thousands of things right- every day, every night ,365 days a year, 24 hrs a day.
Ron_the_Cop on November 04 at 9:59 a.m.
Jaynw
AGREE!!!
My issue is with police leadership for their failure to lead and elected for burying their head in the sand and sanctioning this poor leadership.
Set Ron Wright (Ret. Riverside PD. CA)
Slightlyworried on November 04 at 10:17 a.m.
The judge just ordered that Thompson be taken into custody pending sentencing.
wdodd on November 04 at 10:18 a.m.
Karl Thompson is taken into custody. Defense did not make stong arguement not to detain him,
wdodd on November 04 at 10:22 a.m.
wow amazing how the 7th floor standing room only with SPD officers supporting a convicted felon. If it were us we would hang!! Says alot about the law enforcement in spokane!!
wdodd on November 04 at 10:24 a.m.
WOW! WHO’s Next?????
Could it be Rustin Olsen????????
Slightlyworried on November 04 at 10:32 a.m.
For those of us who hoped Thompson’s conviction would send a strong message to the SPD, we were wrong. As Thompson left the courtroom (unhandcuffed) in the custody of the US Marshalls the police officers in attendance stood and saluted him. This appears to be a breach of protocol inside a federal courtroom. So we have a long ways to go before the bad cops get the message.
Loudin on November 04 at 10:35 a.m.
I bet Johnny Cochran Oreskovich is about to stroke out right now.
First he loses a case (how dare they!), now his motion to release pending sentencing was denied (how dare they!). “What is happening in my world? Do they not know who I am? I am Kingpin Carl Oreskovich…I am the big fish in the little Spokane pond! Serenity now! Serenity now!”
What a buffoon. Guess Thompson and his blindly partisan cop buddies won’t be popping champagne at his mistress/former wife’s house on Hayden Lake. Good thing too: Since he’s entered into this sham divorce and bankruptcy, we tax payers would probably be paying for the drinks…
wdodd on November 04 at 12:41 p.m.
The citizens of spokane would like to let the Zehm family know that the after the unprofessional display in the court room of the SPD is a violation of their protocol in a federal court room which shows that the department will not change. Each of those officers should be either fired or reprimanded by the police chief herself. On behalf of the citizens of Spokane and surrounding areas we like to say we are sorry for what they did and embarrased to have a police force like this in Spokane. It would be interesting to see what the chief will say about this when she mentions changes in her department..
The officers that mocked the justices system in a federal court house are a disgrace to wear a badge and call themselves a cop!
brianrbreen on November 04 at 1:45 p.m.
@Ron_the_Cop
CO is being paid from CJA funds administered by the federal court system, at rates considerably less then what he would get from a private pay. In this district the vouchers are securitized for every penny, and I know from experience, my interaction with Mr. Jameson (unlike some of the Districts, is not allowed). Ultimately the Judges approve the expenditures. What people don’t realize is that CO could have walked away, but didn’t, and he showed the character he has by sticking with it. He knew full well he would be subjected to the ire of people that just don’t understand. What the hell do people expect a good lawyer to do, other then advocate the best they can for their client. From what I have read I can’t see anything a “slime bag” would do, he is doing his damn job.
Somewhere on this blog someone made the comment about the “Innocence Project”. Something I know far more about then anyone here. You know what, in so many of those cases you can go back and look at how unbelievably bad those innocent people were represented. Thompson has one hell of an advantage he has great representation. I guarantee you that one of the good appeal points will not be he didn’t have adequate representation.
When this is over, CO, Durkin, and Ahmed, will likely sit down have a beer, and argue how good they were. Despite the posturing it all comes down to the evidence.
I want Karl Thompson to have the very best representation he can have. The most dedicated and strong defense he can bring. Then as far as an appeal point is concerned good luck.
If people really want to attack lawyers doing their job ethically then take a good look at Rocco, and as you know I’m pretty much outspoken as far as that is concerned. People can collect my posts, make every effort they think will help them to shut me up. Ain’t going to happen as they well know.
I want CO to kick ass as much as he can, and when it’s done. I don’t want anyone coming back and saying this guy wasn’t represented to the hilt. I know there will be some dumb Sh&ts that will say he never got a fair trial.
Yes, Thompson is headed to do some time, it won’t be hard time, it will be at Camp Cookie, as every lawyer in town knows. My biggest concern is this, everyone should take a good look at the people he has taken with him because he is nothing more then a coward trying to save himself, and tell me what that says. When I see a rookie cop saying this guy is the greatest thing since sliced bread I cringe. When I see how he was able to line up the ducks to perpetuate his desire to be Chief and was to a certain extent successful, despite my warnings, I know there are problems. When I see a Chief of Police nearly crying because her golden boy (Thompson) is going to go to prison, I know in my heart she could care less about him and her only concern is for herself. The verdict is in, you are done, it ain’t going to work, and it’s over. Step out nicely now to try and save at least some respect. If you are going to teach take what you have learned here and apply it to what real cops should know.
When I see, a cop charged under federal criminal statues who was given an administrative position at full pay( god if only people knew), and the defense in a law suit against the Chief and the City is that we always suspend people without pay if there are criminal charges pending. I’m wondering how that fits with Thompson.
I guess cowards are cowards, and they will always be there. I’d just like to see some more balls on the part of cops that got taken. No more smiling kissing arse and hoping that it will go away.
@The_Seer
Please correct my then and than mistakes.
hunternomore on November 04 at 2:33 p.m.
Note the “lawyer” didn’t say the “behavior” (of Thompson) was an aberration but the “conviction”. The conviction of any police officer in WA is the aberration. But that doesn’t mean he’s innocent. As for Oresch “seeing” the jurors viewing tv and not reporting it; He should be fined by the judge for contempt of court or better yet jailed.
Tori_girl on November 04 at 5:44 p.m.
I hope that the law will be followed here and if the jury members were watching news coverage then they broke the rules and there should be a mistrial. Everyone deserves a fair trail where people have not been influenced by biased news reports. There has not been one article in the paper or on the news where Karl was not being convicted by the people way before the trail started. This has been a linch mob mentality since the beginning. They have tried him in the papers and on the news, and people on forums like this are the worst. He has not had a chance of a fair trail since the beginning. Many ignorant people have been in a hurry to blame someone are not at all interested in making sure that this has been a fair, unbiased process. Yes I do support Karl Thompson but I also support the process and it should be fair; the court is not doing justice if it condones the jurors watching news reports. He deserves a fair trail and he did not get one.
Tori_girl on November 04 at 5:53 p.m.
I was glad to hear that not only did Karl have the support of his loving family there but also the support of the people who have known and worked with him for years. I salute all of you who were their to salute Karl.
The_Seer on November 04 at 6:35 p.m.
tori: If an officer of the court knew of jury misconduct they are required by their oath and as officers of the court to report such activity immediately. What you want is for Orescovich to admit to behavior that could lead to disbarment. Really?
I’ve been producing a documentary of this film for over three years. Your depiction of public awareness of this incident could not be more wrong. Most people in Spokane if asked would be hard pressed to name the officer who first responded to the Otto Zehm homicide. I actually have hundreds of such responses on video tape. Come on over some day and I’ll show them to you.
Karl didn’t kill Otto. He wasn’t even inside the Zip Trip when that happened. All that is on tape too.
We need to keep the feet to the fire, folks.