Spokane7
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November 16, 2011 in City
Juror: Zehm reports moot
Forewoman says outside facts didn’t come into deliberations
The forewoman of the jury that convicted Spokane police Officer Karl F. Thompson Jr. said none of the jurors brought information to deliberations that they picked up from media reports, as alleged by defense attorneys seeking a new trial.
Diane Riley, 57, of Ellensburg, contacted The Spokesman-Review Monday to voice her concerns about allegations that jurors may have been exposed to television reports indicating Otto Zehm was mentally ill.
U.S. District Court Judge Fred Van Sickle had barred from the trial any mention of Zehm’s mental illness.
Thompson’s defense attorney, Carl Oreskovich, alleged after his client was convicted that some jurors were exposed to television coverage about the beating death of a mentally ill man while they were staying at a hotel during the trial in Yakima.
But Riley said no juror mentioned anything about gleaning information from media accounts and that the jury decided the case based only on the information presented at trial. She said one of the jurors sent a note to the judge during the trial asking for more information about Zehm, but it had nothing to do with outside media reports.
“I was presiding over this group of people. I could tell that none of them were being fed information from the outside,” she said.
Van Sickle is expected to rule soon on a request by Oreskovich to query jurors about what they may have seen on the televisions at the Oxford Suites hotel in Yakima. That hotel housed the three-attorney defense team, Judge Van Sickle and five of the 12 jurors who convicted Thompson on Nov. 2 of using excessive force and lying to investigators.
Oreskovich also included in a court filing an email from an alternate juror – who wasn’t part of the unanimous decision to convict Thompson – indicating that the alternate did not agree with the verdict.
“I was shocked to hear the news,” the unnamed juror wrote in the redacted email, according Oreskovich’s filing. “I do not have the same opinion of my fellow jurors. I am sorry.”
Oreskovich did not respond to an email request for an interview. Assistant U.S. Attorney Timothy Durkin said he could not comment about any aspect of the case.
As for Riley, she said it was Oreskovich’s allegations of juror misconduct that prompted her to contact the newspaper.
“I was rather disturbed about a recent article I read in which I learned the Thompson defense is asking for a new trial because jurors ‘may have seen’ news about the trial while staying at a hotel in Yakima – and specifically as it was related to Zehm’s mental condition,” Riley wrote in an email Monday.
“I do not believe for a moment the jury was influenced by anything outside the courtroom; the conclusions and ultimately the verdict were based fairly and honestly on what was seen and heard in the courtroom,” she continued. “It would be such a shame if politics were to sabotage the hard work the jurors and the court did to avail justice.”
‘Why wouldn’t someone give in?’
In a telephone interview Tuesday, Riley said the jury had several unanswered questions about Zehm. They did not know that Van Sickle had previously barred information that Zehm was innocent, mentally ill and not using drugs on the night of the incident.
“What we were searching for was why wouldn’t someone give in finally? We had suspected that there was something different about Otto just for that reason,” Riley said. “We had plenty on Mr. Thompson, but nothing on (Zehm). It was hard. That’s what took us so long. We went over and over and over things and asked pertinent questions. I said, ‘Keep the emotion out of it.’ When you don’t have enough facts, it’s hard.”
After convicting Thompson of using excessive force and obstruction of justice, Riley said she couldn’t sleep “the whole night.”
“We convicted this police officer of something that will be forever with him. You still walk away and say, ‘These are the facts. This is what he failed to do in the scope of his job.’ Yet, he’s still a human being and you don’t want to make a mistake. There is always that little spark of doubt about whether we did the right thing. That’s why you have more than one juror.”
The next morning, Riley got on her computer and read previous coverage of Thompson’s interaction with Zehm.
“First, I learned about his mental condition, and two, he didn’t have any drugs in his system,” she said. “I was like, wow, we did make the right decision. I slept like a baby the next night.”
Case turned on officer’s testimony
The case turned, according to Riley, when federal prosecutors called Spokane police Officer Tim Moses to the stand. Federal prosecutors provided Moses a letter of immunity so he couldn’t invoke his Fifth Amendment protections against self-incrimination. Moses previously testified to a grand jury that Thompson told him he hit Zehm in the head with a baton, which would have constituted unjustified lethal force.
“We were all on the fence until Tim Moses took the stand. That man gave everything away,” Riley said of his hostile demeanor toward prosecutors. “You could tell by his attitude and how he presented himself. You don’t get that way unless you are guilty of something or hiding something. It was just a gut instinct that this man was covering something up. His attitude in general turned us off.
“And when (Officer Sandy) McIntyre took the stand and followed suit, I remember somebody saying that the feds really must have done a number on her to make her cry like that,” Riley continued. “I said, ‘That’s a possibility. But I don’t know about you guys, but if I’m in trouble I cry.’ ”
Despite the troubling testimony, Riley said she waited until the case was complete before she made up her mind.
“I didn’t decide until the very end, purposefully, just like the judge asked,” Riley said. “I have three daughters and 13 grandkids. I learned that you have to hear all sides of the story to be fair.”
The jury listened to testimony for 3 ½ weeks. On the first afternoon of deliberations the jurors all “vented.”
“We went around the room and kind of expelled our emotions and pent-up comments,” she said. “For 3 ½ weeks, we couldn’t speak” about the case.
Obstruction charge caused disagreement
On Nov. 1, the jury decided relatively quickly that Thompson had used unreasonable force when he confronted Zehm on March 18, 2006, in the Zip Trip at 1712 N. Division St. But four jurors “remained on the fence” about the obstruction charge.
“There were about four jurors who felt (Thompson) was the fall guy for the department,” Riley said. “Everybody felt 100 percent this was a police cover-up. But the four felt that Thompson was the victim of the department cover-up. That’s why they couldn’t say at first that he intentionally, willfully obstructed justice.”
But after lunch on Nov. 1, the jury asked to listen to the taped interview Thompson gave on March 22, 2006, describing how he struck Zehm with a baton to pre-empt an expected assault.
The four jurors “couldn’t get past the department cover-up. I said, ‘Let’s pretend there was no department cover-up. Let’s just look at the statement,’ ” she said.
Regardless of whether the word was “lunged,” which police officials used for months to describe Zehm’s movements, or whether Zehm “came at” Thompson, “it doesn’t matter the word,” Riley said. “Did Otto Zehm do something that could be construed as aggressive? It was a resounding no.”
The experience will forever remain with the corporate manager-turned-trucker.
“It was a terrible, emotional experience,” Riley said of her first time sitting on a jury. “But it was wonderful in the sense that this was a federal trial and I got to see the machinations about how it works.”
During the trial, Riley said she had no sense how important the case was to Spokane.
“Most of us had never heard of this case,” she said. “We didn’t know the particulars. But one of the jurors had an acquaintance who lived in Spokane. (The juror) made comments in deliberations. She said politics in Spokane are corrupt and dirty. That was the only person who had a sense of what was going on.”
1992 murder trial begins against sex offender 
Slightlyworried on November 16 at 1:34 a.m.
I find it ironic that Officer Moses convicted Thompson based upon his obvious lies.
ChiefsFan21 on November 16 at 2:10 a.m.
Well,There we have it straight from the jury’s mouth.The question is what new tactic will the defense use next at your expense Spokane?Whatever it is rest assure that this incompetent judge will be happy to rule for the motion.It’s obvious the last thing this judge,if you could call him that, wants to do is put the convicted criminal behind bars where he belongs.Even when his crime was of a very violent nature.Even with all of the odds stacked against the defense in massive favor I’ve yet to believe the system wants to do the right thing here and they’ve proven it since 2006.But as slightlyworried pointed out the irony of it all is quite amuzing.Thank you Ofc.Moses.Thank you Mcyntire.You’ve done a bang up job and the spokane citizens “SALUTE” you! Still praying for true justice that will only come when Thompson is behind bars and others within his department are brought up on charges as well.
Lewis on November 16 at 4:41 a.m.
Ofc.Moses Ofc.Mcyntire
must not have been listening the day their special training instructed them on lying techniques to fool juries.
so much for highly trained police officers cant even lie to 12 men and women and get it right.
possibly it is time for these two to get into politics where you don’t have to have a straight face when they lie.
Sadbuttrue on November 16 at 6:48 a.m.
That the SPD is a quasi-criminal organization that engaged in a massive criminal conspiracy to protect and harbor a felon is now settled: It is a solid case.
It is now clear that the citizens of Spokane are in mortal, physical danger from these violent goons: The feds need to step up the investigation on the Pattern and Practice, and strip this mafia/SPD of its collective bargaining rights, and do so with dispatch.
Without a deep and decisive intervention by the Feds, who need to provide daily supervision and oversight, the next unjustified killing is imminent. This is an emergency, so pray that the Feds act like it.
DickAdams on November 16 at 9:16 a.m.
A 10 year old, quickly would have figured out clubber Thompson and his former wife, who aided him sticking the taxpayers with his attorney bill. All these two had to do was move their assets so it looked like he was poor and asked the judge to pay for his attorney. How dumb for anyone not to see through their trumpet up scheme? The judge obviously bought into the sob story allowing these two swindlers to stick it to the taxpayers. The justice system has been broken for years and the citizens need to ban together and boot the judges off the bench who allow robbing the citizens, notwithstanding rendering low life wealthy defendants to walk. I for one, am sick and tired of double standards. Something stinks up the court room at times and I think the odor seems to permeate from the bench.
voice_of_reason on November 16 at 9:24 a.m.
You know the defense attorney was paying attention to this interview intently. Everything was going great until the last statement:
“Most of us had never heard of this case,” she said. “We didn’t know the particulars. But one of the jurors had an acquaintance who lived in Spokane. (The juror) made comments in deliberations. She said politics in Spokane are corrupt and dirty. That was the only person who had a sense of what was going on.”
Congratulations City of Spokane - we’re all going to be bent over again … this one statement is going to open the door. Sad … and we finally had resolution … somewhat.
misjustice on November 16 at 9:51 a.m.
http://www.spokanepolice.org/documents/110211%20Public%20AIM%20WrapUp.pdf
wdodd on November 16 at 10:51 a.m.
The defense attorney is stringing this along to get a fat paycheck at taxpayers expense.
monkeyman on November 16 at 10:52 a.m.
@voice_of_reason on November 16 at 9:24 a.m.
I had the same thought when I read about the “Spokane acquaintance” in the last night’s article. I think it may not be a big enough straw to hold on to (for the defense).
Truthhurts on November 16 at 11:06 a.m.
We just need to hunker down for a decade of trials and, perhaps, sometimes re-trials.
Cleaning up the SPD and uncovering the cover-up will be a long haul.
Those preaching “move on” and “let’s have closure” and “get it over with” are those who want to sustain the cover-up.
wdodd on November 16 at 11:33 a.m.
Verner learned that both Chief Kirkpatrick and Assistant Chief Jim Nicks had determined a long time ago that Thompson’s actions were outside of departmental policy.During her term in office, Mayor Verner also became familiar with almost a dozen other allegations of officer misconduct both on and off duty. These are mayor Verner’s words. If they knew about this and did nothing. They should leave and be accountible for anything that comes there way.
If they knew about this and many other incidents and did nothing about it then they should be held accountable for obnstruction of justice.If not for the Otto Zehm case nothing would have been done,not even a request of the DOJ from the mayor would have never been filed. I am curious what the mayor knows about the other dozen or so incidents of officers on and off of duty?
Shelala on November 16 at 12:55 p.m.
There will probably be some ramifications from this juror speaking out. I don’t know, but it would be a shame for each jury member to feel they needed hire their own attorney to defend their actions while serving on a jury or speaking out after a conviction. Wouldn’t it be a little bit intimidating for a juror to be interviewed (interrogated?) by the attorney of the guy they found guilty? Strikes me the same as a bully on a playground waving his fist in the face of a kid and asking “are you SURE you saw me eat your candy bar?” I also found it interesting that according to her remarks, they knew a lot about Karl Thompson, but little about Otto. Karl was portrayed as an upstanding member of the community and a long time police officer with loads of training who served in the military, while Otto was …well, he was just there.
clawman on November 16 at 6:10 p.m.
Chubby checkers likes the notoriety
Shadedmuse on November 16 at 9:09 p.m.
I predict this woman will probally be arrested for Driving while impared for saying the things she has said about the Fine men and woman who make up SPD like Arthur and Erin and Moses smell the roses and part the red Sea.
ChiefsFan21 on November 16 at 11:52 p.m.
Shadedmuse.I predict your convicted felon will be in a cell by the end of January.Btw,I agree with you on Moses.He’s been great for us.HA HA