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November 15, 2011 in City
Verner seeks federal probe
Outgoing mayor asks Justice Department for ‘pattern and practice’ inquiry of police
The entire Spokane Police Department could soon be under full federal investigation.
Outgoing Mayor Mary Verner announced Monday she will ask the U.S. Justice Department to launch a “pattern and practice” investigation of the department, which federal prosecutors described earlier this month as participating in an “an extensive cover-up” of the fatal 2006 police confrontation with unarmed janitor Otto Zehm. A jury on Nov. 2 convicted Officer Karl F. Thompson Jr. of using excessive force on Zehm and lying to cover up his actions.
“The public must trust its law enforcement institutions,” Verner said in prepared remarks. “This outside view can help identify our faults and rebuild trust.” Verner declined further comment Monday at City Hall.
Verner’s announcement, coupled with promised change from Mayor-elect David Condon, could bring sweeping change to a department that has resisted reforms pushed by citizens and political leaders for years. Condon is expected to announce today that the U.S. attorney who agreed to pursue charges against Thompson, James McDevitt, is being considered for his transition team.
U.S. Attorney Mike Ormsby, who could be key to Justice Department approval of Verner’s request, declined comment. “We just don’t comment about ongoing investigations,” he said Monday evening.
But change may not be easy. Despite assurances from Spokane Police Guild leaders that they welcome a potential federal review, police Chief Anne Kirkpatrick suggested Monday that the union leadership may be uncooperative.
Verner won a big primary election victory, but her support eroded significantly over the fall as court documents filed in preparation for Thompson’s trial became public, revealing troubling contradictions to the city’s longstanding position that its officers did nothing wrong.
Breean Beggs, who represents Zehm’s mother in a civil suit against the city, said Verner may be a political victim of her own decision to avoid discussing the federal review until after Thompson’s trial.
“I have no idea why they waited until now to announce it because it’s the news the citizens of Spokane have been waiting for,” said Beggs, who contributed to Verner’s campaign. “From the night this happened (to Zehm), top city officials refused to acknowledge the problems that were obvious to everyone. If top city leadership had said there is a problem that needs to be fixed, then voters wouldn’t feel they were going crazy. When they see, hear and read about all the problems in the city … it doesn’t add up. That’s why they wanted change.”
Kirkpatrick, who will retire Jan. 2, said she’s been in discussions with federal authorities about this type of probe “for years.”
“In no way did I want to be a part of commenting or taint the criminal matter in any way,” she said in explaining why she didn’t acknowledge the pending request for federal review. “This is a different issue. It’s a good department, but it needs support.”
Officer Tim Moses, vice president of the Spokane Police Guild, said the department “welcomes this DOJ review, unconditionally. The Office of the Police Ombudsman has not discovered the ‘grand conspiracies,’ ” Moses wrote in an email. “We know the DOJ will find exactly what we expect they will … a well trained and disciplined police department that works under very adverse conditions to serve its citizens.”
Under a “pattern and practice” probe, the Justice Department pursues a civil rather than a criminal investigation that generally leads to recommended changes to departmental operations such as training and discipline that federal authorities can seek to enforce through court orders if city leaders refuse.
To the extent she can, Kirkpatrick said she will assist federal authorities and she expects a “majority” of her department’s nearly 300 officers will, as well.
“But the current (Police Guild) leadership absolutely will not,” she said. “The majority of the members of the guild are just honest, hard working cops who everybody wants to show up at their mother’s home if they need help. The majority will be OK with it, because they are not threatened by it.
“But when you talk about guild leadership,” she continued, “that’s where you need to see the focus.”
Detective Ernie Wuthrich, president of the Spokane Police Guild, said he would make his official comment today after consulting with his membership.
“I’ve got an answer in mind. It’s not what the chief wants, probably,” Wuthrich said. “But I want to talk it over with the guys and make sure I say what is appropriate for the membership without popping off.”
In response to Kirkpatrick’s criticisms of the guild leadership, Wuthrich said: “I think the chief is still upset over her loss in court with the Jay Mehring case and she has been saying things based on emotion and not in fact.”
Kirkpatrick suggested that no changes will occur until frontline officers change the leadership of the guild. She noted the guild’s two vice presidents are Officer John Gately, who was at Thompson’s side throughout the trial, and Moses, who required a letter of immunity from the Justice Department before he would testify about his previous grand jury testimony incriminating Thompson.
“If you want true culture change, you look to your leaders and see who is being elected,” Kirkpatrick said. “That will be your weather vane of the cultural mindset. The silent majority needs to stand up and take back the voice and leadership of who they really are.”
But in an email, Moses said he recalls Kirkpatrick supporting his guild promotion.
If “you really want to find someone to point the finger at for a lack of direction … deficiency of faith in the police … or issues with public trust … remember, we were under Kirkpatrick’s administration and guidance the past five years,” he wrote in part. “Put the blame where it belongs.”
Closing Geiger: Wise or worrisome? 
Scoutster on November 15 at 12:18 a.m.
Time to get a bigger sandbox!
Jethro_toll on November 15 at 12:26 a.m.
My glasses need cleaning.. I swear the headline read “Verner needs Federal Probe”.
Sorry my eyes musta watered up there a bit to think that this should have been requested the day Verner took office.
DickAdams on November 15 at 12:28 a.m.
I hate to be redundant, as some say I am, but what I`ve read is VERNER IS 4 YEARS LATE AND $,$$$,$$$.? short. Its the first thing I thought when I heard local TV news tonight re asking the DOJ to investigate the Zehm crime. Does Verner think she is talking to a village of idiots? Gawd all mighty. I won`t wonder if Danek made this decision for her. Danek needs to be fired along with some other savory characters that work in city hall. I only hope Roco Treppiedi is the first to go and ASAP after Condon is sworn into office. Verner has praised Treppiedi telling the Spokanites how valuable he was to her staff. I now know the meaning of blind justice. Maybe if the DOJ digs deep enough, Verner may have a big fat problem. As far as I am concerned Verner must have known the facts regarding the cover-up in her first year in office. But Verner chose to assist her underlings in covering up the horrific crime. Roco may have helped lead her down a prime rose path, and Verner let him do so and didn`t bother to check out the facts on her own. If Verner didn`t know poor Otto was the biggest hot button issue in Spokane when elected, she is dumber than I think she is. Verner as an attorney herself, makes me wonder how she ever passed the bar exam? I guess I believe, somebody was pulling her strings and didn`t have the backbone to think for herself.
Ed Byrnes on November 15 at 12:32 a.m.
Based on what we witnessed during the Thompson trial I am doubtful that Tim Moses has any idea what cooperation with a federal investigation means.
Ed
Slightlyworried on November 15 at 1:24 a.m.
“The Office of the Police Ombudsman has not discovered the ‘grand conspiracies,’ ” Moses wrote in an email.”
This from the man who demanded immunity before testifying? This would be funny if it wasn’t so sad and depressing.
Sadbuttrue on November 15 at 4:52 a.m.
Hopefully, the feds in their Pattern and Practice investigation will quickly find that the Guild is a mafia-like criminal organization and press to have it delisted as a legitimate collective bargaining organization. The SPD needs to be stripped of its collective bargaining rights, and pronto.
Verner is operating under the old hackneyed truism: Better late than never.
ChefGus/ John Olsen on November 15 at 5:05 a.m.
Mr Clouse, thank you for your diligence in discovery of the deceit and dissembling of our city officials. Without your dogged dragging the truth into daylight it might have all remained in the dark of Rocco’s files…. you have done this city a great service. Bravo… John
misjustice on November 15 at 6:34 a.m.
Wuthrich, Moses, Gately, and the Salute 505 Gang of 50 need to go; along with Verner, Kirkpatrick, and Rocco. That would be a good start to cleaning up this cow town.
Additionally, voters need to turn out No-Charge-Tucker.
And then start the hiring of cops, from outside this region, that will serve the citizens and not the Guild.
Truthhurts on November 15 at 6:40 a.m.
I also believe in the good intentions and good faith of the majority of our police.
I also believe unions are important for bargaining power and to protect basic due process about hiring and firing. I support that. But it has been odd that the Police Guild has had so much “policy power,” and that Rocky Treppiedi has been an “in-house power base” for the union instead of for management.
Despite the cynical remarks, here, it is better late than never for Verner.
misjustice on November 15 at 6:50 a.m.
Moses blubbered, “… we were under Kirkpatrick’s administration and guidance the past five years,” he wrote in part. “Put the blame where it belongs.”
Yeah, but the Guild was a lawless gang long before “you lie, you die” Annie came to town.
Kirkpatrick can be faulted for not cleaning up the snakes’ den of corruption but she did not create it; the Guild did that on their own.
MrBoosDad on November 15 at 7:04 a.m.
They knew the problem existed on the force when the chief was hired. That is what she was hired to do….clean up. They and she did not know how much and how deep the trail of coverup went. The good-cop bad-cop Verner is playing with the feds started a long time ago and they wanted to use a case like Thompson as thier Martha Stewart iconic perp walk to show others their fate. Problem, the 505 and the 50 are running the show…not the feds, not the chief, not the mayor and Condon had better take notice.
johnclarke on November 15 at 7:38 a.m.
There may be many points re: the timing of this request, but at least we are getting the investigation. Be thankful for that.
brianrbreen on November 15 at 7:52 a.m.
This is not a done deal, and is only a REQUEST made at a very strange and perhaps strategic time.
“Kirkpatrick, who will retire Jan. 2, said she’s been in discussions with federal authorities about this type of probe “for years.”
I don’t believe this for a second. Any police chief with aspirations of moving “up” to another department would never seek anything like a P & P because it just demonstrates their own inability to lead. Discussions with who Anne? Ormsby, McDeVitt, Harrill?
“In no way did I want to be a part of commenting or taint the criminal matter in any way,” she said in explaining why she didn’t acknowledge the pending request for federal review”
This is a load, “unequivocal support”, hugs, and tears? You were hoping like hell for an acquittal.
Officer Tim Moses, vice president of the Spokane Police Guild, said the department “welcomes this DOJ review, unconditionally. The Office of the Police Ombudsman has not discovered the ‘grand conspiracies,’ ” Moses wrote in an email. “We know the DOJ will find exactly what we expect they will … a well trained and disciplined police department that works under very adverse conditions to serve its citizens.”
As a spokesman for the SPD(PIO) and the Guild (VP), after the debacle at trial don’t you think it might be a good idea to keep your mouth shut.
Detective Ernie Wuthrich, president of the Spokane Police Guild, said he would make his official comment today after consulting with his membership.
“I’ve got an answer in mind. It’s not what the chief wants, probably,” Wuthrich said. “But I want to talk it over with the guys and make sure I say what is appropriate for the membership without popping off.”
Why not have a nice long meeting with the entire membership instead of going to a select few “guys” and come up with a plan on how to deal with this if it happens. Before you start running your mouth, try and remember what a lousy job you did in handling the no confidence vote. Right now this is nothing more then a play with a vindictive tone and an attempt to get even with as many as possible and make it as hard as possible for the new people by someone who lost their job, and another who finally realized she wasn’t good enough and would never get another job anywhere else. If this happens, and you are dumb enough to think it’s going to be a walk in the park, then you have another think coming.
“If you want true culture change, you look to your leaders and see who is being elected,” Kirkpatrick said. “That will be your weather vane of the cultural mindset. The silent majority needs to stand up and take back the voice and leadership of who they really are.”
One of the few things she has gotten right during her tenure.
But in an email, Moses said he recalls Kirkpatrick supporting his guild promotion.
If “you really want to find someone to point the finger at for a lack of direction … deficiency of faith in the police … or issues with public trust … remember, we were under Kirkpatrick’s administration and guidance the past five years,” he wrote in part. “Put the blame where it belongs.”
You have to be kidding me. Of course nothing you did had anything to do with that.
“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”
Abraham Lincoln, (attributed)
16th president of US (1809 - 1865)
Sadbuttrue on November 15 at 7:54 a.m.
Verner, being a lawyer that she is, thinks that initiating this Pattern and Practice investigation is her “get out of jail free” card. And now the self-fired Police Chief is heroically chiming in, also lawyerly-like, knowing the full implications of the Fed’s theory that there was a massive, institutional cover up of the Otto Zehm case.
Um….too little too late ladies.
The slim, desperately-articulated hope that the feds will discover that the former mayor and the disgraced Chief of Police had nothing to do with the cover up is laughable on its face. Scary version? Unless the two perps “sing like canaries,” there is little hope that they will not join Karl Thompson in federal prison.
By the time this federal investigation is done, they may well have to build a wing on the federal prison just to contain the numerous convicted members of Spokane’s officialdom.
Lewis on November 15 at 8:14 a.m.
who knows maybe the guild promised to take Condon out but failed at the task, as a pay back Verner sends the Fed sniffing at their door.
Many people told Kirkpatrick she did not have a chance she ignored them and found out most of the cops are dirty and she was fighting a war with her hands tied behind her back, while locked in the shower room.
I just don’t see all these good cops every one is talking about, in the last year we have seen 54 more bad cops surface among the pack. And to this date not one good cop has went to media to tell their side of the story, not one!
First thing needs done is disband the guild next thing every cop takes a drug test if addicted to any drug even alcohol they are fired, then with the 3 remaining cops we rehire, but do not hire any cop from California or Idaho.
No more unions all employment is at will, meaning they step out of line they are fired. They should be held to a higher standard not the standard of a back stabbing meth head like they are now.
brianrbreen on November 15 at 8:20 a.m.
Obviously the contract negotiations aren’t going well. As a citizen I’m hopeful they extend into Condon’s administration.
Detective Wuthrich, you got some pretty good advice from an ex-cop now lawyer not long ago that you didn’t take heed of. It might be a good idea to seek him out, and get some input before you do something stupid again.
Sadbuttrue on November 15 at 8:21 a.m.
I should quickly add…..by now the light of hope should be reappearing in Karl the Klubber’s forlorn and defeated eyes. Help the feds roll up this steaming, toxic criminal conspiracy, and you might just get a sentence reduction down to nothing.
DickAdams on November 15 at 8:47 a.m.
I wonder if Verner and Kirkpatrick actually believe the crap their dishing out to the public? Probably after they had a chat together figuring out how to bamboozle the citizens. Ladies, and I use the term loosely, it appears the only people to believe this latest stunt asking the DOJ to investigate, might be the corrupted characters and their ilk that were complicate in this very sad affair. Until this unthinkable cover-up along with decades of deception by the old guard of self serving selfish individuals are flushed out and somebody starts from square one, proving they are honest and prove their integrity, nothing will change.
nslopeofw on November 15 at 8:54 a.m.
You all are forgetting the need to rid ourselves of the sheriffs that “investigate” and clear SPD in every case. The corruption doesnt stop at SPD.
Truthhurts on November 15 at 9:16 a.m.
Lewis: Don’t get all foolishly anti-union and completely lose focus of the investigation and generate pro-union backlash.
The current Police Guild is more than a “union.” It has usurped managerial prerogatives, and has penetrated management (in more senses than one).
“At will” environments are also stupid and corrupt — a good union provides due process protections that require that you FIND FACTS before firing someone. The great problem in the Zehm cover-up is the ABSENCE OF FACTS.
Unions are valuable to protect due process, in general, and the “particular” problem with the Police Guild should not damn all unions any more than I damn all police because of the bad apples running the SPD.
Truthhurts on November 15 at 9:17 a.m.
Yes, nslopeofw, Tucker has no place to hide.
GDodd on November 15 at 9:26 a.m.
http://www.youtube.com/watch?v=9NTk5iZHjfQ
PlanB on November 15 at 9:38 a.m.
Sound like Moses and Wuthrich are quadrupling down on stupid.
Shelala on November 15 at 9:41 a.m.
Question: How many SPD cops does it take to change a light bulb?
Answer: None, because they won’t admit it burned out.
WillyPeter on November 15 at 10:07 a.m.
Soooo, Truthhurts, “unions are valuable to protect due process?”
And here I’ve always thought that our Constitution does that.
And, as an aside, how does our police union get de-certified?
Lewis on November 15 at 11:55 a.m.
Truthhurts the unions are killing cities across this nation paying 50-200% above the same amount paid to private sector for the same work.
If the labor laws are supposed to be good enough for private sector how is it they are not good enough for the very people who work for the government?
Explain to me why all the folks in private sector take drug tests while our great police officers don’t? Maybe their union knows they are all on some type of drug perhaps?
Or perhaps there is a double standard they can take drugs and be on them while throwing us in jail for same?
Disband all government employee unions now, and see the rats jump ship in droves.
Lewis on November 15 at 11:58 a.m.
Truthhurts said
The great problem in the Zehm cover-up is the ABSENCE OF FACTS.
if you believe that maybe you should pull your head out of your ass before watching the video next time?
melabur on November 15 at 12:34 p.m.
DickAdams - “Does Verner think she is talking to a village of idiots?” Look around! She doesn’t think, she knows!!
RedCedar on November 22 at 9:03 p.m.
What does a bad department looks like?
Sadbuttrue on December 02 at 8:05 a.m.
Question: How many SPD cops does it take to change a light bulb?
None. They will just cover up the burned out bulb, change union work rules to prevent investigation of the bulb situation, and then start a facebook page in support of the cop who lies under oath about the bulb being burned out.