October 6, 2011 in City
Clark: Venue change is slap to Spokane jurors
The verdict is in. Anyone desiring to watch the upcoming federal trial of Karl Thompson Jr. – the Spokane cop whose deadly encounter with Otto Zehm earned him an excessive force charge – must fill up the tank and travel 200 miles to Yakima.
Apparently we wags of the local media are to blame for potentially tainting the jury pool with our blather.
Yakima?
I can’t recall the last time I was in Yakima, but I think it had something to do with mad cow disease.
There’s no use whining. U.S. District Court Judge Fred Van Sickle has made up his mind, sort of.
The judge, according to our news account, conceded he wasn’t convinced that Zehm-related coverage by local media created “actual” or “perceived” bias against Thompson.
Not about to be swayed by the soundness of his logic, however, the judge moved the trial anyway.
Our hubbub over Zehm inconveniently dying and all the lies officials told in the aftermath MIGHT bias a Spokane jury, and that’s close enough for His Honor.
This is such wrongheaded reasoning. What Van Sickle should be doing is lauding the press for a job well done.
Without our wailing, without our gnashing of teeth, the unprovoked death of an innocent, mentally ill janitor would have remained buried in the deep, dank depths of county prosecutor Steve Tucker’s golf bag.
Have we lost our collective memories?
I realize that bemoaning the fate of poor Otto has become fashionable.
Why, it’s now a regular cause du jour.
David Condon, in fact, is using it to pump air into his leaky mayoral campaign even though three months ago he didn’t know Otto Zehm from AutoZone.
Not that Mayor Mary Verner is clean on this.
Hardly. The mayor swallowed the “Otto had it coming” lie told by the SPD and backed by vultures in the city’s legal department.
Now it’s come back to haunt her, and rightly so.
Verner’s current transparent (misguided? deceitful?) attempt to get on the right side of this issue may be too late.
Did you catch the mayor on one of the TV news channels the other night?
She was on her way to some function when a reporter and camera crew ambushed her with questions about some of her Zehm claims that didn’t add up. The mayor wouldn’t play along, but her face told all you need to know.
I haven’t seen such a look of defensive annoyance since Nixon was nervously jitterbugging around questions regarding a certain hotel break-in.
But getting back to Van Sickle, I hear there’s a move afoot to bring a Yakima jury to Spokane. I hope it works.
Because this current change of venue is such a cynical slap at the fair-minded nature of our homegrown jurors.
Maybe I’m just a pie-eyed optimist, but I truly believe citizens around here are essentially good and honest and fully capable of assimilating the facts and testimony before nailing Thompson to the wall.
“There has been a great deal of publicity in the community,” remarked Van Sickle in our news story.
“Yakima is not that far away.”
Yeah? Maybe that was true back in the days of cheap fossil fuel and swollen newsroom budgets.
But this is 2011, judge. I know how the bean counters think.
Yakima might as well be a chunk of space rock orbiting the planet Neptune.
Besides, is it really neighborly to foist our civic stink onto Yakima?
I’m certain that community, what with it being Yakima and all, has more than enough of its own scandals to deal with.
What I think doesn’t count, of course. The only robe I wear is terrycloth after a shower.
All I know is that back in March 2006, a simple guy walked into a quickie mart on Division to buy himself a candy bar and a plastic bottle of diet pop.
He had no idea that two young women had wrongly reported him as a thief.
Thompson was the first cop to respond. The beat-down of an innocent man commenced moments later.
Otto never got the chance to enjoy his snack. He died two days later.
And the wait for justice goes on.
Doug Clark is a columnist for The Spokesman-Review. He can be reached at (509) 459-5432 or by email at dougc@spokesman.com.

Spokane7

ChefGus/ John Olsen on October 06 at 3:15 a.m.
Doug… your thoughts on this subject are always cogent and critical as they well should be. Your thought that it makes a lot of good sense for the “Carbon footprint” crowd to not have to drive all the way to Yakima, but to be able to take a bus for a buck fifty to the Court Room of consequence. There are a fair number of us regular citizens that want and would love to see this trial in person…( you can be sure that leave of absence will be provided for the swat team to attend, in intimidating uniforms with their .45 Glocks on their hip.
Whatever the cost of getting jurors empaneled, and then brought to Spokane at the County’s expense to see the evidence and serve up a verdict it i worth it… and for the bean counters in the aggregate a whole lot less expensive in so many ways.
I do hope your column spurs some “critical thinking” about the actual costs, as well as the emotional costs for all of us waiting for and wanting an absolutely fair trial for this group of men and women in this critical incident. It has become a metaphor for all that is wrong with our local government. Best Regards John Olsen
lewis8457 on October 06 at 5:41 a.m.
the costs to the tax payer public is out of control on this case. 5 days from trial and van sickie throws another wrench in the gears, how long will this take another year?
i wonder if Otto will ever see justice?
wobble506 on October 06 at 6:32 a.m.
Realistically, Its the only thing the judge could have done to prevent an appeal on a tainted jury pool.
Look at your own site there are over 1250 stories, 136 blog posts, 5 pic galleries 8 videos, and 10 audio files all about Otto.
That’s about a story every day and half.
That does not include local news coverage fromthe 4 local stations either, such as KREM has provided. Most of those cast aspersion and doubt on the story as presented by the police.
If you want a verdict to stick, unfortunately, it had to be done.
I moved here in 3 yrs ago, so I was not even in town when it happened, but I think I have seen probably a story or blog a day since then.
You may not like it, but the media coverage has been so extensive, and so negative here towards spokane police, you have to admit it had to be done. You would have had to find someone living under a rock not to have heard at least one or more negative stories about the Police, Thompson, and the brutal beatdown of Otto.
brianrbreen on October 06 at 7:19 a.m.
@wobble506
I agree! I can’t help but believe that besides the fact Judge Van Sickle wanted Thompson to receive a fair trial, in the back of his mind he considered how a long drawn out appeal process would continue to traumatize the Zehm family.
westerly on October 06 at 7:55 a.m.
Who knows in Yakima, maybe all gang bangers will be on jury…they hate cops.
metaline on October 06 at 7:56 a.m.
The only thing that matters is that Mr. Thompson gets a fair trial. Not the inconvenience of the press or the public.
My heart goes out to the Zehm family and hope regardless of the outcome, they can find peace.
IHike4Fun on October 06 at 8:24 a.m.
“Apparently we wags of the local media are to blame for potentially tainting the jury pool with our blather.”
Now there is a statement I can agree with.
lewis8457 on October 06 at 8:35 a.m.
media is the only justice Otto has seen so far. and most likely ever will.
dmartin on October 06 at 8:41 a.m.
It seems to me that the defence wants to stay in spokane Why i tell you why They have 63 police officers ready to tesity out of those 63 officers they have family and friends that may end up sitting on that jury that would give them a NOT GULITY VERDICT No so in Yarkim Thats why they want the trail here another way to deny justic to the ZEMH family
Dennis Martin
spokane wa.
DickAdams on October 06 at 9:15 a.m.
The jurists from Yakima to Spokane might be the safe solution by not giving the flatfoot another reason for appeal. OTTO, RIP.
DickAdams on October 06 at 9:30 a.m.
Dennis Martin:
By holding the trial in Spokane it will show the citizens of the Lilac City just how bad the SPD is corrupted. Mayor Verner et al, have proven to be liars and I`m hopeful these culprits shall pay the consequent`s for the injustice these Spokane officials have caused to Otto, and his family. See my post at 9:15am regarding home grown biased cops, and their friends.
valleyman on October 06 at 10:14 a.m.
@ChefGus: You clearly don’t know a damn thing about the court proceedings do you? Police not providing court security are not allowed to be armed in court. Additionally, the city doesn’t use .45s… that’s County SO. Come on man… This emotional crap needs to stop… The Zehm side of this is starting to sounds like a bunch of whinny little school kids who exaggerate everything to make people feel sorry for them.
This case needs to be moved precisely because of comments like yours. This is the only way to ensure a guilty verdict is not overturned on appeal…
Dazzeetrader11 on October 06 at 10:40 a.m.
Keep this trial in Spokane. Nobody reads the paper anyway let alone what Clark says about anything.
We posters do but the citizens don’t. Radio is sparse as is TV coverage. Bias is just not present unless Orescovich is asked.. They can seat a fair jury if they want to.
Slightlyworried on October 06 at 10:42 a.m.
A Spokane jury acquitted Jay Olson of first degree assault although he shot a fleeing Shonto Pete in the back of the head while off duty and drunk, so I am pretty sure that an impartial jury could be selected right here in Spokane to determine if Thompson lied to investigators when he claimed that Otto lunged at him.
valleyman on October 06 at 11:15 a.m.
Something you are all missing: Why give Thompson a reason to appeal if he is convicted? Let it be moved… That way the outcome will not be so easily appealed…
Ron_the_Cop on October 06 at 11:31 a.m.
OK live from the federal courthouse -
Fed Judge just ruled trial will begin in Yakima on Wed July 12th. Video will be streamed to open Federal Courtroom in Spokane.
See my blog post:
BREAKING - Zehm/Ofc Thomson case to start the 12th in Yakima with video feed to Spokane Fed Courtroom
http://tinyurl.com/3n5muem
jddavis on October 06 at 12:00 p.m.
Thanks Doug…another on-point essay.
Lewis—Hopefully you are wrong and justice for Otto will be served.
Ron_the_Cop on October 06 at 12:09 p.m.
Sorry my blog post is correct but in error here - me bad Oct 12th.
greenlibertarian on October 06 at 3:27 p.m.
Given the enormous amount of police and prosecutor misconduct, it is not unusual for the citizenship and punditry to emotionally cry out for justice to be served.
RIP Otto.
lewis8457 on October 06 at 9:56 p.m.
jddavis i have been here since they killed Otto if the trial is in Spokane Thompson will walk.
the jurors are not safe and they know it, SPD knows where each of them live, that i believe is why Gay Olsen walked.
since being on this blog i have been pulled over countless times for no reason, at night the pigs come to my house and bang something on my siding to wake me and my neighbors up. leaving holes in my siding, which they don’t investigate in morning when i call cause they know they did it. many of us here have been harrassed simply because we feel a cop and his 6 buddies can not kill a person in a store in cold blood, and walk away laughing and slapping each others back for a kill well done.
misjustice on October 06 at 10:41 p.m.
“Police not providing court security are not allowed to be armed in court. Additionally, the city doesn’t use .45s… that’s County SO”
Right again, Ozzie.
lewis8457 on October 07 at 7:50 a.m.
so 63 police officers are testifing does that mean we get to pay overtime for the few left in town?
do we also get to pay to put all 63 officers in the nicest hotel Yakama has to offer?
And of course pay there alcohol bill?