Spokane7
67°
November 12, 2011 in City
Tucker mum on charges
Following Thompson’s guilty verdict, lawyers question prosecutor’s inaction
Spokane police Officer Erin Raleigh, left, and Officer Jason Uberuaga are shown in photographs taken by investigators after the March 18, 2006, fatal confrontation with Otto Zehm.
(Full-size photo)(All photos)
Ten days after a jury convicted Officer Karl F. Thompson Jr. in federal court, Spokane County Prosecutor Steve Tucker has given no indication that he will move forward in state court with an investigation into Thompson or other officers involved in the 2006 confrontation with Otto Zehm.
Tucker avoided questions for more than a week. His only response to multiple calls and office visits was an email on Friday asking about the “specific case” reporters were inquiring about. He then didn’t respond by 5 p.m. Friday to a list of emailed questions.
In 2006, Tucker put his investigation on hold, saying he wanted to know what federal investigators would find. But a federal source, who spoke only on condition of anonymity, said neither Tucker nor anyone from his staff has requested any of the evidence obtained in the federal probe, which is continuing.
One former, longtime prosecutor believes he has seen enough evidence presented by the FBI to charge two officers with first-degree manslaughter in connection with the death of Zehm, who stopped breathing while hog-tied by police on March 18, 2006. And another former prosecutor said at the very least, Tucker needs to seek a prosecutor from elsewhere to continue the investigation.
“I thought everybody in the case and cover-up should be immediately terminated and an independent investigation should be started to determine if anyone should face prosecution,” said Don Brockett, who served as county prosecutor from 1969 to 1994. “What is lost in this – this wasn’t just the assault and beating of Otto; It caused his death.”
Five years ago, Tucker shunned a suggestion – by someone he refused to identify – to hand the Zehm investigation over to a prosecutor from another jurisdiction. “It’s my job to make the decision,” Tucker said in July 2006.
Three months later, Tucker put his investigation on hold after he learned federal agents had found a witness that Spokane police had not interviewed. Last year, while successfully running for a fourth term in office, which pays about $145,000 a year, Tucker said he still didn’t know what evidence the FBI had obtained.
Thompson’s recent four-week trial in Yakima produced reams of evidence that painted a troubling image of the Spokane Police Department. Federal prosecutors described a department-wide “whitewash” of an investigation into its own officer.
Testimony revealed that police detectives refused to give witness statements to a medical examiner and other officers contradicted their own statements to a federal grand jury. Federal prosecutors said the missteps, gaffes and misstatements were all done to make Thompson look less culpable.
“What the family has wanted all along was full accountability,” said Breean Beggs, who represents Zehm’s mother in a companion civil suit. “We would be encouraged if the county prosecutor would investigate with all the information he now has. We have been and continue to take the prosecutor at his word that once he has the information from the federal case that he will continue his efforts.”
As for Tucker, he indicated during an interview in 2010 that the only charges he thought would apply would be misdemeanor assault charges against the officers. And, he said, those crimes would have all reached the statute of limitations.
But several witnesses testified they saw Thompson use deadly force by striking Zehm in the head.
Although he was barred from testifying about cause of death during the trial, defense medical expert Dr. Daniel Davis said it was clear to him that Zehm died because officers Erin Raleigh and Jason Uberuaga placed their weight on Zehm while he was hog-tied and lying on his stomach.
Davis’ analysis shows that Raleigh applied pressure on Zehm’s abdomen for 1 minute, 34 seconds; Uberuaga “remains on Zehm’s chest/neck area for a total of 2 minutes, 47 seconds,” Davis wrote in his report. “After pressure was removed, it was noticed almost immediately that (Zehm) was unresponsive.”
Brockett said that evidence alone would provide a legal basis for Tucker to charge those officers with first-degree manslaughter, which requires someone to act recklessly to cause another’s death.
“You can’t stand there and watch someone die and not say it was negligence. Now that we found out they had their knees on his back, that makes it reckless,” Brockett said. “It’s inexcusable. It’s got to change.”
Jim Sweetser, who succeeded Brockett as county prosecutor, said Tucker’s role has been compromised because of his close association with local law enforcement. During his four years in office, Sweetser successfully prosecuted former Spokane County Sheriff’s Deputy Tom Dibartolo for killing his wife in 1996.
“If he does nothing, then the public should be outraged, because that is part of his job,” Sweetser said of Tucker, who is a former trooper with the Washington State Patrol. “Whatever decision is made, it needs to be credible. It needs to be something we can trust and not subject to the interpretation of bias.”
Brockett said he still hasn’t heard an explanation for why oxygen wasn’t supplied to the mask Raleigh placed over Zehm’s face to reportedly keep him from spitting. Firefighters have since ended the practice of handing over the non-rebreather masks to officers.
“I couldn’t believe it that an officer (Tim Moses) had to be provided immunity to testify. I thought that was the blackest mark the Spokane Police Department has ever received,” Brockett said.
At the trial, prosecutors showed photographs of Thompson and other officers who responded that night. The photos, taken at the Public Safety Building immediately after the Zehm confrontation, were used to document any possible injuries or damage to officers’ uniforms.
The photos show Raleigh and Uberuaga smiling for the camera at the same time Zehm was losing the battle for his life at Deaconess Medical Center.
Uberuaga did not respond to email requests for interviews, but Raleigh’s attorney, Chris Bugbee, said he understands that the public might take offense to officers smiling after such a serious incident.
“I’ve spent a lot of time with Officer Raleigh. He’s a goofy kid who smiles pretty regularly,” Bugbee said. “It doesn’t surprise me – knowing Officer Raleigh and his personality – that when asked to have his picture taken he smiled.”
Bugbee said the photo was taken at a location some distance from the crime scene and after the incident as officers were attempting to “cool down.”
“I can tell you that Officer Raleigh certainly considered this to be a serious and important situation,” Bugbee said. “He would not have made light of it. There is no question in my mind.”
As for Brockett’s calls to charge his client with manslaughter, Bugbee said he doesn’t agree. He said his client and Uberuaga walked into a situation where they believed Zehm was resisting other officers’ attempts to detain him.
“I think it was pretty clear to federal investigators and prosecutors that Officer Raleigh did just as he was trained to do. I think it’s been pretty well established that they needed to change how they train to hog-tie and deal with someone in Mr. Zehm’s situation,” Bugbee said. “The death occurred because they ended up putting Mr. Zehm in a situation where it caused his death.
“But they did what they were trained to do,” he continued. “I don’t have any concern that he is under investigation or suspicion of being involved in a criminal homicide.”
1992 murder trial begins against sex offender 
Slightlyworried on November 12 at 12:17 a.m.
The only hope we have that Tucker will grow a spine and do the right thing is public pressure (and the fact that area golf courses are closing down). So, if you see Steve Tucker down at the Globe Tavern on Division getting drunk in the afternoon before driving himself home, say something like, “How about charging some cops with felony murder now that Thompson is a convicted felon?”
Slightlyworried on November 12 at 12:21 a.m.
BTW, how fitting and ironic that Thompson is photographed in front of a display of 2 liter bottles of Pepsi. Or should I say, “Deadly weapon display rack”?
drywitt99 on November 12 at 12:32 a.m.
@Slightly…..a putz can’t grow a spine.
another_perspective on November 12 at 2:52 a.m.
Rumorr is Tucker is going to put an addition onto his house and sell booze under our new law. Might put a pinch into his own personal stache.
ChefGus/ John Olsen on November 12 at 4:57 a.m.
Frank Malone for Prosecutor…. well we tried… John
DHF on November 12 at 5:29 a.m.
The blue wall of silence continues. Tucker needs to get some Cojones and charge the officers or appoint someone that will. Former Proscecutor Don Brockett is right on.
kittycatsandtedd on November 12 at 6:48 a.m.
According to Bugbee, Officer Raleigh is a “goofy kid.” Is that what we are hiring for police officers?
another_perspective on November 12 at 6:57 a.m.
Bugbee is a “goofy lawyer”. If those ears were any larger Dumbo would have competition.
liberal_in_right_wing_land on November 12 at 7:25 a.m.
Really Spokane, how the hell do you keep re-electing this idiot? Oh yeah, thats right, we have people who vote for the R next to the name and not actually the person and what they stand for. In any other city Steve Tucker wouldn’t be qualified to hold Frank Malone’s jockstrap, yet idiots in Spokane keep putting him in office for no other reason than he is a republican….because it surely isnt because he is good at his job.
Love the republicans who say we liberals and democrats blindly do whatever our party says…….yet you idiots that keep electing people like Tucker, Cathy McMoRo and Phil Hart in Idaho prove you are the idiots who blindly follow your party no matter how bad they are at their jobs.
Open_Spokane on November 12 at 7:27 a.m.
Where’s the remorse of our prosecutor and the officers?
D Statler on November 12 at 7:37 a.m.
Can these cops be charged in another Washington County for their actions? Can Tucker and his GANG be held accountable for their lack of action also? There has to be a solution to local accountability. Thompson was undercharged by Feds. If Tuckers corrupt crew had filed.They would have over charged till something would stick. Sometimes ethics in Spokane’s prosecutors office is less than savory. Hence forth my screen name. We the people, sometimes are victims to the GANG hired to protect us. :^(
Ron_the_Cop on November 12 at 7:47 a.m.
In case readers don’t know there is a previous comment thread on this article. Here’s my comment:
http://www.spokesman.com/stories/2011/nov/11/tucker-still-mum-further-action-zehm-case/?comments#c371319
Sorry GL - Zelda pushed me over the edge re things Tucker and got me talking about the death of Jo Ellen Savage. This was another manslaughter that IMO Tucker covered-up. Sorry if I’m seeking justice for her too.
RIP Otto
Now it’s time to hold those accountable who failed WE THE PEOPLE in their sworn duties.
wdodd on November 12 at 7:49 a.m.
Well yesterday was a sad day for the Dodd family. Since the death of my brother Quentin Dodd. Our mothers health took a downward turn and yesterday she passed away not seeing justice for the death of her son. My mother is up in heaven now getting the real truth of my brothers execution.
The_Seer on November 12 at 7:56 a.m.
Karl the Klubber looks a bit bedraggled in that photograph. If he thinks Otto was tough, wait until he gets to prison.
Scoutster on November 12 at 8:03 a.m.
Those goofy, goofy cops. You can die laughing when they’re around.
Why would Tucker prosecute? He doesn’t work for us.
D Statler on November 12 at 8:18 a.m.
@ wdodd, My sincere condolences to your family for your losses. We can only hope that some sort of justice is handed to Officer Olsen as it was Officer Thompson. I said and stand by it. The third shot into your brother was premeditated murder. It took five years to see justice. Lets hope it doesn’t slip thru your hands in your brothers case. God Bless
Lewis on November 12 at 8:20 a.m.
Tucker is a ex cop that will never prosecute another cop. The people don’t re-elect him it is all the government workers who re-elect him so they have a get out of jail free card if they ever need it.
The officers had to cool down after killing a man that put up no fight, and smiled about it in the process i wonder how much booze they had in them before the pic was taken?
Lewis on November 12 at 8:23 a.m.
dodd hope fully mom is spending time haunting the cowards that took your brothers life.
ericdx on November 12 at 8:24 a.m.
RECALL STEVE TUCKER!!!!
Here is the RCW for recalls. I don’t know how many people would have to sign a reall petition, and I do not know who would handle the petition, because according to the proceedure, the County Prosecutor handles it after the County Auditor. I would assume that someone else would act as the prosecutor, but I am not sure about here in Spokane, with Mr. Do nothing Tucker, especially when it shows that people are ready to try to remove him.
http://www.mrsc.org/subjects/governance/officerecall.aspx
http://www.mrsc.org/mc/rcw/rcw%20%2029a%20title/rcw%20%2029a.%2056%20%20chapter/rcw%20%2029a.%2056%20.110.htm
another_perspective on November 12 at 8:52 a.m.
Tucker was heard to say “ahll bee havn anotre drinc ief yoo citiesens doent mined.” Maary Braedy passe the botle ief yoar knot to buzi two loose thate chargin paprwrk.
empyrius on November 12 at 9:01 a.m.
Indeed kittycatsandtedd & another_perspective, I noted that too, http://www.spokesman.com/stories/2011/nov/11/tucker-still-mum-further-action-zehm-case/
Another thought would be if goofy kid cops are willing to engage in covering-up a murder …; what about the non-goofy cops?
Hmmmmm . . .
The third paragraph from bottom of this article in part reads, “He said [Bugbe] his client and Uberuaga walked into a situation where they believed Zehm was resisting other officers’ attempts to detain him” . . .
I never did watch any of the videotape of this heart-breaking crime, but pluralized “officers’” who are “assisted” by two more officers?!?
Sorry but this Zehm dude simply does not appear that menancing . . .
Too bad the SPD doctored the original videotape . . .
valleyman on November 12 at 9:06 a.m.
This story is about Tucker… Not Dodd… You Dodd apologists really need to take a step back and look at what you say and what you claim.
You aren’t going to get anywhere with your claims because the EVIDENCE doesn’t match your ‘evidence.’ But then you are ALL forensic scientists, and you ALL know exactly what happened even though you WEREN’T there…
Sorry for the loss of your mother, but you really should respect the memory of your brother and leave it alone. He died because he sought death as a means to end his suffering. The record shows he’d tried before and was likely to try again.
MrBloggy on November 12 at 9:21 a.m.
let’s have a caption contest for that grinning cop, here’ s mine
“Now that you just killed a mentally ill innocent man, Erin Raleigh, what’s next? I’m going to Disneyland!”
wdodd on November 12 at 9:21 a.m.
@valleyman
wow you came out of the woodwork. What the conviction of Thompson left you speechless? Your probably one of those 50+ that saluted him. It wouldn’t surprise me none.
brianrbreen on November 12 at 9:22 a.m.
@undooly_prosecuted
With respect to Karl Thompson I don’t see where the DOJ undercharged in the Zehm case. Their jurisdiction was limited to a criminal civil rights violation and obstructing of justice regarding him. As far as criminal culpability at the state level for Thompson or any other individuals, based on what I’ve read, the DOJ, and the defense for that matter in defending Thompson, laid the ground work for investigating facts that may involve criminal conduct at the state level, and in my view that should be done to finally put this thing to rest. If that investigation established that there was in fact cause to pursue state charges they would have to be brought in Spokane County. That doesn’t mean the investigation has to be conducted by anyone from Spokane County, nor does it mean those charges would have to be brought by Steve Tucker’s office, and they shouldn’t be.
Despite the ground work laid by the DOJ any legitimate investigation at the state level would take some time and would require a substantial level of investigative sophistication and prosecutorial sophistication if a case were tried. I think Don Brockett and Jim Sweetser might agree with me that as far as a manslaughter charge is concerned the “excited delirium” issue would be problematic in a manslaughter case.
I suppose one could make a case that the DOJ should pursue obstruction of justice charges at the federal level beyond Karl Thompson, and perhaps they will. But they can’t pursue manslaughter charges, or any other of the possible state charges. I suspect there may be a federal charge forthcoming against Officer McIntyre, beyond that who knows what will happen at the federal level.
If Condon does become Mayor he has a number of options open to him, and I would hope that he steps outside the traditional party crap and seeks advice from people like Brockett and Sweetser, and will completely disregard any input from the City Attorneys Office
If at some point there is an investigation at the state level, rest assured that some members of the SPD will blame the media, the politicians, the FBI, the DOJ and anyone else they feel they can attach blame to. But the vast majority of officers will be supportive in the sense that they just want the damn thing totally behind them and the department.
MrBoosDad on November 12 at 9:32 a.m.
There are plenty of conservatives upset about the total lack of accoutability in all of these cases. The issue is that when government assumes it has a dog in the fight it errors. Government is supposed to represent the people not itself. The number of names in these various cases is evidence in itself that a culture of coverup and self interest-before public interest exists behind the shields. We need a deep cleaning now.
another_perspective on November 12 at 9:43 a.m.
Valleyman woodwork termite
misjustice on November 12 at 9:57 a.m.
I imagine that “No-Charge-Tucker” will remain true to his nickname; no charges against the PoPo will be forthcoming.
Ron_the_Cop on November 12 at 11:21 a.m.
I think former County Prosecutor Don Brockett nailed it in his special to the S-R:
November 12, 2011 in Opinion
Police need to be policed
http://www.spokesman.com/stories/2011/nov/12/police-need-to-be-policed/
This issue of training goes to the heart of the difference between the military in active war zones and civilian law enforcement and their rules of engagement (ROEs) as I discussed in my previous comment to Liberalsblow - http://tinyurl.com/7apuwrt
Great comment Brian. You know me if I were the feds I would just consider this cesspool we live an ongoing criminal enterprise as defined in the federal RICO Act and pull the plug. The Zehm case and other problematic OIS/OIDs are just symptomatic of this corruption of our local government. Sorry GL that’s my read of the tea leaves. Our local government is dysfunctional in incapable of fixing the things that need to be changed. Organized crime can’t exist with corrupt police and government.
These unprosecuted manslaughters under state law could be considered the necessary predicate offenses require to prove the existence of a “criminal enterprise.”
truthBknown on November 12 at 12:23 p.m.
@Liberal in right wing land= First, my condolences. Second, those Repiglicans are called “Broken Glass Republican’s, meaning they “will climb over broken glass” to vote Republican no matter the issue. There is a breed of cop in Spokane Washington that is beyond description. You only see that kind of evil and arrogance in bad cop movies. I wrote on the “Support Karl Thompson” site on facebook…and as soon as I wrote something about Jason Uberauga’s rape, termination for “conduct unbecoming an officer” and then subsequent re-hire at a demoted level, I was, within seconds, permanently blocked from the site. Classic whitewash. I am just in awe of what the Spokane police are doing to the people of Spokane, like the Native American that left the bar and the drunken officer that shot him in the back as he was running away - and what the SPD are getting away with right under the nose of Kirkpatrick! She is guilty of murder and cover-up too! She says she is helpless to fight the organization that supports the police (can’t remember the name)- then if she is helpless she needs to step aside and let someone who CAN take on that organization get these bastards under control. Kirkpatrick says she is retiring in January 2012..really? Is your public going to stand for her retiring with full benefits??
misjustice on November 12 at 12:27 p.m.
Same whiners here again today! You people need to get a life………
selkirk on November 12 at 12:29 p.m.
@Ron… I was wondering if the Feds could pull RICO out once Klubber was convicted.
Special tonight on A&E’s Gangland:
The 505, Corruption Central
Ron_the_Cop on November 12 at 12:36 p.m.
Selkirk,
FYI I wasn’t really referring to the SPD rank and file. I was leveling this at those in the command rank, the City Atty’s Office and the Office of the Mayor that condoned, sanctioned or buried their heads in the sand the cover-up.
Shelala on November 12 at 12:38 p.m.
We may at some time be able to put the Otto Zehm case to rest, but the collateral damage the actions of a few created within the community will stay with us for a very long time. There won’t be any good time for our elected officials including Tucker, to come out from the spider holes they dug to wait for the situation to calm itself and resume doing what they always did. Things have changed. The public trust is gone or substantially eroded and its not coming bad soon.Some officials like Verner and Kirpatrick were forced to deal with the situation in real time, more or less, but others are dug in a little deeper. They gotta come out sometime and the growing crowd of citizens, media and battle scarred good cops are waiting.impatiently.
truthBknown on November 12 at 1:23 p.m.
Arriboyala at Spokane Police Abuses: Past and Present:
The Uberuaga incident has all the indicators of an initiation into a police club:”Make sure she is drunk so that her allegations can’t hold water, you have to do it in an official vehicle, and you have to bring back evidence, such as a photo of her breasts on your cell phone.”
On October 11, 2007 Uberuaga engaged in “conduct unbecoming” of an officer and found himself accused of rape (video). Uberuaga’s law enforcement colleagues maintained the solidity of the “thin blue line“, concluding that the victim’s story was inconsistent and thus deciding not to charge Uberuaga. {Guess who did the investigation on Uberauga? None other than the Spokane Sheriff’s Department who watched!}
On January 23, 2008, Uberuaga was fired by the Police Cheif who concluded that Uberuaga had engaged in “conduct unbecoming” of an officer when he used his cell phone to photograph the woman’s breasts, had sex with her {in front of bar patrons and Spokane Sheriffs Department Officers}, and drove his patrol vehicle under the influence of alcohol. Uberuaga had been bar hopping with other Spokane law enforcement officers at the time.
Still, the odds are that the system will come to the rescue of Uberuaga.
On June 16, 2006, Spokane Sheriff’s Deputy Joe Mastel exposed himself to a barista at an expresso stand in Airway Heights. Like Uberuaga, Mastel was terminated for “conduct unbecoming” of an officer. Subsequently, the Spokane County Civil Service Commission reinstated Mastel and ruled he could collect his pension in full. “Spokane Valley Insider” blogged that Mastel’s offense was a “more serious offense compared to having sex with a willing participant in a private parking lot of a privately owned business” and does not believe that “Uberuaga’s termination fits the offense”.
First, Uberuaga is at the least guilty of making several bad decisions, not just one. According to published reports, bar patrons watched Uberuaga go out to the parking lot and engage in what essentially became a public act of sex in her vehicle. He and his law enforcement buddies hit more than one bar that afternoon. He drove the patrol vehicle under the influence of alcohol, which the Chief had specifically forbidden.
Second, Uberuaga was not the only law enforcement official involved in the cavorting with reports indicating that the he was accompanied by Spokane County Sheriff Deputies.
Third, Uberuaga does not have a spotless record, in that the matter of the homicide of Otto Zehm (in which Uberuaga was one of seven Spokane cops participating in the killing along with the notorious Sgt. Dan Torok) is still open with both an FBI probe and the followup Mike Worley report still pending.
Fourth, Uberuaga — whose salary in 2002 was $61,475 — has been paid throughout these 3 1/2 months despite early admissions on his part regarding the “conduct unbecoming” on October 11, 2007.
One similarity between both the Uberuaga and Mastel cases is their “blame the victim” strategy. Both cops put the blame on the woman involved, with Mastel claiming that the barista “led me on” and Uberuaga claiming that the his activities were consensual {and she only filed rape charges because he said he could not see her again as he was engaged}.
Spokane seems to have a serious problem of lack of accountability by law enforcement. In the Firehouse Sex Scandal, two Spokane Police detectives (Sgt. Joe Peterson and Sgt. Neil Gallion) “instructed” a Spokane fireman to delete photos of a teenage girl with whom he had engaged in sexual activity. SPD officer Dave Freitag allowed 65-year-old level three sex offender Thomas Hermann to reside in the basement of his home and stored the convicted felon’s firearms (Hermann was among 22 suspects arrested in the U.S. as part of an international child pornography investigation.)
In all four cases, the total number of officers arrested was………? You guessed it. Zero.
Shelala on November 12 at 1:54 p.m.
It may be a small thing or even my personal peeve after seeing an officer with the Karl Thompson wristband, so maybe someone can answer this question. The 505 Facebook page labels themselves as a “non-profit organization” and promotes the sale of the wristbands at a local credit union.They have been selling them for several years at $10.00 each,so I imagine there have been some substantial contributions over the years.. A special account has been set up at that credit union for his supporters. It’s not like a jar on a counter for charity. Tellers collect and deposit these sales. Karl Thompson’s legal fees have been paid by the taxpayers AND he has collected his more than adequate police salary throughout. What exactly do these donated funds pay for? A new suit? If they are a “non-profit organization” aren’t they required to be registered as such and the donations, contributions, contributors and amount collected be open for review. Aren’t there IRS filing requirements? Is this credit union violating their charter by using there assets (tellers, space, etc.). When someone asked them on their support site, they replied the money goes toward supporting Thompson. Pretty vague. I’d be interested to know there list of contributors, as every other non profit group are required to disclose.
misjustice on November 12 at 1:58 p.m.
Frustrated whined on November 12 at 12:27 p.m.
“Same whiners here again today! You people need to get a life………”
Sorry, “Frustrated” but this is NOT the WE Heart Convict Cops FaceBook Page; perhaps you book marked the wrong web page?
zelda on November 12 at 2:07 p.m.
The crux of the problem is Spokane’s economic decay compared to the relatively thriving economy of the Seattle area. Typically the DA/prosecutor position is a post that serves as a stepping stone for higher political office within the state. Higher elective state offices are held by people from the West Side. Spokane being Spokane, it’s a stepping stone to nowhere. And given E. Washington’s GOP bias in contrast to the Puget Sound’s Democratic leanings, no one around here with serious ambitions is going to use the prosecutor’s office as a political launching pad.
Thus, we’re stuck with Tucker, who’s in it for the salary, adding to his double-dip pension and enjoying the region’s fine golf courses.
Maybe the time has come for someone to step forward who is honest and unselfish and actually advocates in the interests of the public. The way things stand today, that person would have to be someone with nothing to lose and an appetite for quixotic battles. We need someone who would consider the job to be the capstone of an exemplary legal career — a modern-day version of Elliott Richardson or Archibald Cox. And then there’s the alternative — U.S. District Court appoints a special prosecutor or independent counsel to turn over the rocks and catch the bugs that crawl out. Plus, they could post reward money for information – something that had to be done in the South during the civil rights movement.
brianrbreen on November 12 at 2:31 p.m.
@o_pleez and Zelda
I haven’t reviewed the contract, so I don’t really know. But I know there is a contract. Whether or not it eventually included a city retirement inclusion clause, I don’t know. The contract is available via a PDR including any attachments if you are interested. I do know she had a deferred comp deal with Federal Way beyond her salary. The way I have it figured Kirkpatrick has 20 years vested LEOFF II. I have no idea what she has beyond that at other stops, and contracts. LEOFF II despite what people might think is not a good retirement plan for cops, and I’m not sure when she can draw what she has coming from LEOFF II.
But in reality it doesn’t make any difference. This issue is where do we go from here, beyond Anne Kirkpatrick and Mary Verner. Someone with class would admit they were way over their head and didn’t realize how bad it was, and didn’t have the background or the experience to deal with it, and Hession knew that when he hired her. When I see photos of Karl Thompson getting a hug prior to his Loudermill Hearing I know exactly what is going to happen, and how she will deal with it with the press. But she knows she is done, and won’t ever get a job anywhere as a Chief.
I guess what I’m saying is something the Police Guild tried to say, but had no clue how to do it, the absolute worse Chief, Spokane has ever had is Kirkpatrick, Hession hired her to try and make his sorry arse to look good. Now as everyone knows she is done and will not be hired anywhere.
BTW: I think I might be a communist a anarchist, because I could give a sh#t less about RD and L.
If people only realized how much is out there from the standpoint over oversight, perhaps we could get beyond this Ombudsman joke.
MrBoosDad on November 12 at 2:57 p.m.
There sure is a lot of Rebublican bashing that is used as the scapegoat for all this insensitivity. But when Rs ask the administration why they don’t actually fix some of this, it is the union (that needs to be guilded) as their scapegoat. Organizations do not reform themselves, it takes outside pressure….both on the “leadership” and the community organizers over at the guild. Anyone who would take a strong position against the cops in an election would be outspent by the union 10 to 1. How do you win that battle?
samvimes on November 12 at 3:50 p.m.
Shalala, the requirements to be a “non-profit” are clear and often ignored by people claiming that status. The organization must have a purpose that fits one of the federal 501c nonprofit categories, must have a written constitution, and must apply to the IRS for a letter of determination which confirms that they meet all requirements. They are then required to file a form 990 or 990-f tax return each year with the IRS. Additionally they must register as a nonprofit with the Washington Secretary of State each year. I checked the SOS website which lists all nonprofits and there is no spokane nonprofit containing the terms “505”, or “Karl Thompson”. There are 3 which contain the term “police”, The Brian Orchard Memorial Fund, Christian Outreach for Police and their Spouses, and Spokane Police Chaplaincy. If the 505 organization is not operating under one of these nonprofits they are probably not a nonprofit and subject to serious sanctions for pretending to be one. If they are legitimate they should be posting their legal name and federal tax EIN. If they don’t do that I’ll be communicating with the IRS ;-)
nslopeofw on November 12 at 3:59 p.m.
Mr-
Just keep in mind that these are the same people that voted for do nothing Obama. They all talk about voting the party line, when you can tell from their comments they have never voted anything but party line democrat. Just ignore them, and keep in mind that all of us (except the cop posters) are on the “right” side here (the Otto Zehm side)
v1grwil on November 12 at 4:09 p.m.
Re Unions MrBoosDag
How do you win that battle? The answer is you can’t.
That’s why a lot of us are yelling to get rid of Obama and his goons. His overt, obvious and strong suppport for the unions filters down to the local level. Where do you think the teachers unions (school board, Deanna?) and the police/firefighters unions get their strength. Things like starting salaries for PHD’s at state colleges is 6 figures. Things like high school graduate low performers can, after 8-10 years as a cop or a teacher be in the high 5’s to 6 figure salary range. They can kill us ( Scott Creach and Otto) or they can not teach us to read and write (see school results) see remedial problem colleges have for frshmen that can’t meet basic reading/writing/math requirements.
This is what the unions do to the citizens.
brianrbreen on November 12 at 4:11 p.m.
@MrBoosDad
Actually you have no idea, how much power City Government has over the police guild, and I’m not sure the Guild or City Government has either. There are so many city ordinances that could easily be put in place regarding police oversight that no one ever talks about or even understands. Even though they are in place in other areas. If one were to go back and read and study all of the recent cases any one with any insight in that regard would know what to do.
The political leaders in Spokane have the ability to make the Spokane Police Guild cower when it comes to a contract. The problem is in doing so they are subject themselves to a lot of scrutiny and especially the City Attorneys Office.
Shelala on November 12 at 4:41 p.m.
Thank for your reply, Samvines. My reason for asking was not to nit pick or stir the pot, so to speak, but to see if they were once again choosing to ignore the law and play by their own rules. I have my answer. I was also curious, if disclosure was allowed, to see if Tucker or other public person has one in their pocket, but is simply not brazen enough to wear it.I quess it simply offends my sensibility to donate to someone whose legal defense and salary have been paid with my tax dollars. or if a local credit union has elected to make a donation of their teller’s time and floor space to such a unregulated “charity”.
Al_Loysius on November 12 at 5:06 p.m.
You may criticize Mr. Tucker, but the fact of the matter is that nobody else seriously wanted the job in the 2010 election. He beat Frank Malone 53-46 and really did not even campaign much. Frank is a nice guy, but his only claim to fame is that he worked for the late Joe Cooney once upon a time. Frankly, Steve has had a pretty easy time of it since ousting Jim Sweetser many years ago. Most really good Downtown attorneys would have to take a pay cut to take the 130k County Prosecuor job.
At least Steve has reasonably competent staff to run things while he is out playing golf.
I have a hunch Steve will have enough pension time in soon and probably retire in 2013 so as to give his successor a year in office before the 2014 elections. To remind everyone how this works, the GOP will name 3 nominees to the County Commissioners and they will make an appointment that will hold until the next election.
Al_Loysius on November 12 at 5:08 p.m.
By the way, keep in mind that the County Prosecutor is an elected Partisan office.
The City Attorney (apponted by the mayor) has limited criminal responsibility, namely misdemeanor offenses. The rest of the duies are civil representation of the city.
brianrbreen on November 12 at 5:17 p.m.
@Shelala
Not to be a nit picker either, but just out of curiosity, a short jaunt to Yakima was kind of revealing. The number of Spokane City Vehicles there compared to the number of occupants and those scheduled to testify including those testifying who were not assigned a city vehicle based on assignment. Then of course if you have an understanding of exactly what the government pays for witness fees,to whom and for what. Then as a city tax payer you have to ask yourself was permission given for these city expenditures including the vacation and comp time, as well as the vehicle expense.
I used to be a half way decent investigator, but I admit I’m getting old and slow. I still think though I will be able to determine who put vacation and comp time cards in after the fact even if it means going further then I wanted. Perhaps that’s the reason I haven’t got a response to one of my PDRs.
Just Saying!
brianrbreen on November 12 at 5:19 p.m.
Al,
Please review the Grand Jury and Inquiry Judge statues.
brianrbreen on November 12 at 5:28 p.m.
Al,
After you have had an opportunity to review the statues. You might ask me whether I’ve ever had the opportunity to be involved at all three levels, city, county and state. I think you might know the answer.
brianrbreen on November 12 at 5:39 p.m.
Al,
Don’t get mad though. I love Prep, just couldn’t afford it, and I wasn’t good enough to recruit! :)
D Statler on November 12 at 6:00 p.m.
@ valleyman, the corronors pictures and report on the Dodd shooting has been posted many times here and on youtube and facebook. Shot number three was pre-meditated murder. Please look at all the information and explain to us how shot number three could have happened at the same time as shots one and two.Not quite the center punch scenario you told your own deputy buddies. Also could you explain how evidence in the crime scene photos was moved from picture to picture. Why your at it,please explain the heavy bruising on Dodd’s neck and hands. At what time was the rock dropped on the road for the pictures? It is time for the few good cops left on the force to take control of the cess pool you work in. Nothing personal Valleyman.It is time for those of you in a position to effect change stand up and do it. It is obvious Steve Tucker isn’t going to.ThankYou
Shelala on November 12 at 6:07 p.m.
Here’s another nit picky thingy, as noted by the 505 Facebook website themselves, in April 2009 they were proud to announce they had sold well over a thousand wristbands and had requests for more in lots of 500. The requests were from as far away as Texas and Hawaii (interstate sales and us mail). You do the math. Nice chunk of tax free change don’t you think? They noted the fund was running low because of the anticipated need to pay for the expert defense witnesses for Karl’s trial.By the way, You could buy them at the SPD radio room and at the SPD records department. Maybe the non taxed sales of this this item by a non recognized, unregulated organization claiming to be a non profit.organization across state lines and via the US Mail with sales in excess of $10,000.00 be of interest by the feds.
Shelala on November 12 at 7:14 p.m.
BTW, In all fairness, i don’t presume to know much about non profits or I wouldn’t have asked the question in the first place. There are probably exceptions and a lot I am clueless about. I am open to enlightenment.
brianrbreen on November 12 at 7:56 p.m.
@Shelala
Never had a federal case where the indigent defendant had to pay any expert costs. This must be something new. If you want I’ll give you the number you can call to get copies of the CJA vouchers.
Shelala on November 12 at 8:55 p.m.
Dunno Brian, Never heard of it either, but here is the 505 May 12, 2010 Facebook posting from the administrator himself cut and pasted:
: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.
I assume that there is no privacy expectations because it is open for public comment, although they will delete your post if it does not support their mission. Interesting to note that he states I could purchase one from “any” SPD police officer..
Al_Loysius on November 12 at 9:05 p.m.
Brian, Grand jury has been on the books in WA since 1889, but it has not been used anywhere in the state since probably before 1900. Inquiry judge could be used but the prosecutor or AG have to take the lead. Thus, don’t expect it.
Frankly, if I were Tucker and wanted to come up with an excuse for not pursuing the Zehm case beyond this point, I would say that the feds have a lot more resources and background on this and are in the best position to pursue charges against anybody else. After all, if hitting Zehm in the head with a baton is a civil rights violation, then suffocating him would also be. Plus, he could also argue that the County Prosecutor does not have an investigative department, so he has to depend on the SPD, SCSO or WSP to bring him a case worthy of prosecution.
But frankly Steve won’t argue any of this. He probably will just lay low until this blows over. And frankly, the media may lose interest if the new mayor starts with a likely lengthy process to find a new Chief and task that person with cleaning up SPD. A new chief probably won’t be in place until summer 2012. Media might give a “honeymoon period.” A new election season may bring a new federal district attorney if Obama is not re-elected.
Somewhere in there will be the Zehm family civil lawsuit. If it does not settle, the City may just admit liability, blame it on Thompson and just ask a jury to decide what Zehm’s damages are, based on earning potential, etc. I am not sure if punitive damages are an issue in that case, but the City might be able to cut its losses if it just says “we were wrong, but everybody who was in charge is gone now.” That might work.
brianrbreen on November 12 at 10:25 p.m.
Al,
King County Grand Jury in the 1970s I can’t remember the exact year. Took down a bunch of cops getting pay offs during the Colacurico prime days.
A City attorney can use an inquiry proceeding. In Spokane it has been used twice by the City that I can remember, and the County has used it a number of times. I think it is under used.
You know and I know Steve doesn’t want it. My point is there are lots of options, including the State AG, or a Special Prosecutor, and either system could be utilized.
I don’t think it is going to be put to rest until all the criminal issues are resolved one way or the other.
The King County GJ, turned up a load of crap but never got beyond the cops. One good thing that eventually came out of it was RCW 9.73 but even that was a battle. That whole mess during that time makes for some great stories.
Who knows, but I don’t think it will blow over.
brianrbreen on November 12 at 10:33 p.m.
@Shelala
Doesn’t sound right to me. Heck if I would have known I could go to the client on a CJA case for dough, I would have had the client take care of my bar tab. That rotten guy in this district never would.
wdodd on November 12 at 11:07 p.m.
@ valleyman
the city of Spokane is trying to clean up the corrupted mess that you folks put us in. Maybe you are one of the bad rogue mayor elite cops that needs to be weeded out. True i was not there when my brother was executed and true your reports are going to say otherwise. If i was in your shoes I too wouldn’t want those bogus insane reports to come out and then you stand by them.It would
really show your lack of intelligence then huh???
The crime scene photos were taken by the SPD. Tell your boys they screwed up again because were not buying it.
So do what you do best and salute a convicted felon of murder! Oh wait you already did!!
wdodd on November 12 at 11:10 p.m.
@ undooly prosecuted
Thank you and i couldn’t agree more.
brianrbreen on November 13 at 8:17 a.m.
@Al_Loysius
I don’t think I was clear in my post above regarding the GJ or IJ Proceeding. The State AG, A Special Prosecutor appointed by the City or County, could utilize either a Grand Jury or Inquiry Judge to investigate the Zehm issues. There are plenty of retired agents around here that could be utilized as investigators. The only problem with using either a GJ or IJ is that the investigation is done in secret so the community wouldn’t know what was going on until indictments, or charges, if any, were handed down. So it would be extremely important that whoever was chosen was entirely independent and had tremendous credibility.
I don’t think the feds are going to go much beyond McIntyre, and the don’t have jurisdiction regarding a lot of the issues.
It ain’t that difficult of a deal to get done, but once it’s done it’s done and it would be better for the community and the cops. The feds have done most of the work, so from a cost stand point there wouldn’t be as much cost as there would be if you were starting from scratch. My preference would be a Grand Jury, and I think the Superior Court Judges would go for it. I think the community would be more confident if its members were actually involved and if no indictments came down, (which could very well happen). It would provide credibility. Based on my experience with both, I’m guessing you are looking at a 4-6 month time frame because most of the work has been done, with the GJ sitting for maybe a month.
I realize Washington hasn’t used a GJ much and besides the one I mentioned above I remembered another one, Snow County had one, mid 70’s I think, looking into corruption, similar to the King County one. But just because they haven’t been used much doesn’t mean they aren’t a good tool and they are used as a matter of course in many states, where they work well.
Steve could escape easily if he helped to facilitate a GJ with a Special Prosecutor using joint funding City/County.
brianrbreen on November 13 at 3:09 p.m.
@Shelala & samvimes
I tried it every way I could think of on both links below…nothing.
Looks like it was probably an oversight on someone’s part.
But they need to get it cleaned up.
http://www.irs.gov/app/pub-78/
http://sos.wa.gov/charities/search.aspx
Shelala on November 13 at 6:06 p.m.
Brian, I think there is a difference between a charity and a non profit. I think there may be some exceptions also, but I really don’t know that either. It simply shows that these supporters seem to believe that the laws and regulations don’t somehow apply to them. They can go back and try to correct their mistake if there actually is an issue, but I wonder how many people who donated or purchased a wristband believe their donation was a deductible expense and will file as such? What about taxes? I frankly don’t know much about the requirements. If this is acceptable, I’m gonna call myself a non profit, buy a bunch of cheap wristbands (I prefer green) and sell them to pay off my mortgage.
brianrbreen on November 13 at 8:06 p.m.
@Shelala
I understand your point. I threw the Charitable Organization search in thinking maybe they misunderstood the hoops you have to go through even for a charitable solicitation. I personally would attribute any lack of compliance with just plain not taking the time to think things out. But if I was the big Kahuna, or even the interim big Kahuna, or was in line to be the big Kahuna. I’d be having a talk with Sgt. King to make sure everything was kosher, and if it wasn’t making sure it got that way.
I don’t know anything about non profits either other then they are a pain in the arse, and a lot of paper work.
I am interested in whether or not some defense experts demanded money beyond their CJA approval, or where the money actually went. That seems real odd to me.
Shelala on November 13 at 9:44 p.m.
A couple years of collecting donations seems to be a reasonable time to ” think things out”. I also think the people whose job it is to regulate such things probably take their jobs pretty seriously. Thompson’s SPD supporters claim they didn’t know Otto’s family was in the courtroom when they saluted (Ooops my bad). They have collected thousands of dollars selling wristbands claiming to be a non profit organization, when they probably aren’t. (Ooops, my bad) These are the same people we pay to make sound decisions in the course of their job?
brianrbreen on November 14 at 6:15 a.m.
@Shelala
I understand, and I’m not defending it. Unfortunately there has been a lot of “not thinking things out” by several down there. Since you brought this forward, I’m sure they are aware of it, including the brass, so we will have to see what happens.
I’ll restate my concern regarding payment for experts. That among other things needs some explaining.
brianrbreen on November 14 at 2:14 p.m.
@Shelala
I fully admit I have no experience being a police administrator, so my judgment with respect to the facebook page is perhaps jaded.
I will tell you this however, if I was the big Kahuna which I have no plans of being or do I want the job. I would do this with respect to one of the many stupid postings on there.
“Rick Atkins
The Department of Justice that locked up Karl is the same DOJ that engaged in witness tampering and intimidation to do so. This is the same DOJ that refused to prosecute the black panthers for voter intimidation. The same DOJ that is locking up Border Patrol Agents. The same DOJ that supplied drug cartels with thousands of firearms leading to the murders of over 200 Mexican nationals, two Americans, and dozens of violent crimes here in the U.S. Now you tell me who the criminals are and who needs to be locked up.”
I would go to Officer Atkins roll call, but prior to that I would let him know via letter it was just a talk to gain some understanding, and if he had some concerns he could have any representation he wanted. Then I would express my concerns to him about whether or not based on his public statement he was able to participate in any joint SPD/Federal Investigations and how he might react if he found a federal officer in trouble based on his obvious distain. I would whole heartily explain to him that my concern was only to gain an understanding of how deep any animosity might be. I would also require him to provide a letter of explanation for his comments, with his facebook comments attached so in the future if anything came up, as the Kahuna, I would have documentation regarding the steps I took, and the decisions I made.
That facebook page, has been a big contributor in providing an example of just how bad things are. I suspect you won’t see a whole lot more except from the groupies.
Shelala on November 14 at 3:45 p.m.
Brian,
I could care less about their Facebook page, Like I said, my dog has one. Don’t like it? Don’t visit. However, If the Facebook page claims to be a non profit organization soliciting donations from the public and words of support for the defense of a member of my community’s police force who was tried and convicted in federal court in a case involving allegations of excessive force and untruthfulness.AND I was aware that the site contained posts from active members of my police force freely expressing their disdain of the judicial system, the citizen’s of the community they serve and the verdict, well, that has more draw to a concerned community than the latest Justin Beiber concert has to teeny-bops….and they obviously know it. Let the Kahuna do whatever they see fit.. I am John Q. Public, I succumbed to visiting the site, reading their posts and formed an opinion. I can assure you, it wasn’t a warm and fuzzy. The Kahuna will have a big job in winning back my trust, or do they even care? As far as the donations and money collected, where exactly did/does it buy for Karl Thompson’s defense? Sometimes when you pull at a little thread, the whole sweater unravels. Just sayin.
brianrbreen on November 14 at 3:48 p.m.
I completely understand!
truthBknown on November 14 at 3:55 p.m.
Okay all you Corrupt Cop Lovers: can you say “Uberauga is goin’ doooooooooooooooooooowwwwwwwwwwwnnnn!!!”? First Degree Rape and Manslaughter don’t look too good on a resume’….just sayin’…