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October 6, 2011 in City
Zehm family feeling ‘shut out,’ lawyer says
Yakima decision challenged
A federal judge will hold another hearing this morning after attorneys objected to moving the upcoming criminal trial of Spokane police Officer Karl F. Thompson Jr. to Yakima.
U.S. District Judge Fred Van Sickle said he would hold a 10 a.m. video conference after Assistant U.S. Attorney Timothy Durkin and an attorney representing the family of the victim raised concerns both about logistics and the family’s ability to attend a trial some 200 miles away.
Jeffry Finer, who along with Breean Beggs represents the estate and mother of Otto Zehm, said family members don’t have the means to travel to Yakima for a trial they’d hoped to attend daily.
“There is no way for them to go,” Finer said. “It’s very distressing to them. The phrase I heard is, ‘We are shut out.’ ”
The trial is scheduled to start Tuesday. Thompson faces the felony charges of using unreasonable force and lying to investigators following his confrontation with Zehm on March 18, 2006.
On Tuesday, Van Sickle decided to move the case to Yakima after defense attorney Carl Oreskovich argued that his client could not get a fair trial in Spokane because of media coverage over the past five years and because it had become a political issue in the mayoral race.
Durkin asked Van Sickle to reconsider, outlining the difficulties of moving more than 100 witnesses more than 200 miles for a trial he predicted would last five to six weeks.
“The new venue has caused significant adverse logistical difficulties in re-scheduling and re-arranging witnesses’ appearances and testimony, which has already been a difficult and burdensome process,” Durkin wrote. “Notably, neither party requested the Court to change the venue of this trial to Yakima.”
Durkin indicated that prosecutors intend to call about 60 witnesses and the defense has already subpoenaed 57 witnesses.
Durkin noted 90 percent of the witnesses live in Spokane. “All of these witnesses will be significantly and adversely impacted by the Court’s election of a venue that is more than 200 miles from these witnesses’ residences, families and places of employment.”
But Oreskovich responded to Durkin’s motion, saying, essentially, he’s good with Yakima.
“The best option for all parties involved, is to remove the trial from the Spokane area to protect Officer Thompson’s constitutional right to a fair trial,” Oreskovich wrote.
Thompson was the first to respond to an erroneous report that Zehm had stolen money from an ATM. Thompson rushed up to Zehm inside a convenience store and began striking him with a baton.
Eventually, six other officers joined the struggle. Zehm, a 36-year-old schizophrenic janitor, stopped breathing after he was hog-tied and a mask was placed over his face. He died two days later.
As an alternative to moving proceedings to Yakima, Durkin suggested that a jury be selected from a pool that does not include Spokane County residents and transported to Spokane for the trial. Durkin suggested jury selection under that scenario begin on Tuesday.
Durkin requested that, at the very least, the trial be delayed a couple of days, saying he had conferred with defense attorneys who indicated they want extra time to move their personnel and case material to Yakima.
“In sum, there are not utilities gained from the Court’s venue decision” on Tuesday, Durkin wrote. “The victim’s family was not given notice of the Court’s venue election and was deprived of the opportunity to comment and/or participate.”
But Oreskovich said the victim’s family shouldn’t be a consideration for moving the trial back to Spokane.
“While Defendant is mindful that the change of venue may make it more difficult for Otto Zehm’s family and friends to attend the trial, nothing is actually prohibiting them from doing so,” Oreskovich wrote.
1992 murder trial begins against sex offender 
lewis8457 on October 06 at 5:52 a.m.
Carl it is called money that is keeping them from going. You have made a lot of money off Otto’s death while they have got nothing. But continual delays by the cop loving federal judge.
if Thompson can not get a fair trial it is because our so called justice system has dragged its feet for 6 years.
If it wasn’t for media our powers that be would have left this case under the rug years ago.
in the mean time Thompson and his 6 murdering pals are still pulling big money from the city, supposedly protecting us….huh!
DHF on October 06 at 6:07 a.m.
In a city the size of Spokane I believe you could find a jury that never heard of Otto Zehm or that we went to the moon and came back. There are those who do not read papers or listen to the news, they have no political preference and do not vote. They are not stupid and some that I have known are College educated and successful. I remember asking one years ago why he never read the paper or listened to the news. His reply The news is depressing and I have better things to do. I do believe that one could find a non tainted jury in Spokane but you have to look.
ChefGus/ John Olsen on October 06 at 6:50 a.m.
The inconsiderate treatment of the Zehm family, and all of us that love and support them is beyond comprehension. The attorney for the defense is just smarter than the prosecution… and more practiced at his chosen “trade”….. piece of slime… john
Justsayin' on October 06 at 7:12 a.m.
“The family of Zehm should not be considered” Well sure, Why start now? “There’s nothing stopping the family from going to Yakima” Who called this attorney of Thomson’s an ethical, fine individual? Even he knows this family can not afford to spend a few weeks renting a motel room and eating out in Yakima. What a sick, sorry situation this has been for the family. The judge has ruled out bringing all of the evidence in for the jury to hear. How does a jury render a fair, well thought-out verdict when they are denied all of the facts? Don’t worry about prejudicing a jury, just tell them the facts so they can know what happened and why.
just sayin’.
Gary Garrison
valleyman on October 06 at 9:10 a.m.
I’m sorry, but our justice system isn’t and shouldn’t be set up to accommodate the family of a victim. Our system must be to ensure a fair outcome for the accused and for the victim. Zehm isn’t here, so where this happens is irrelevant. If the judge believes the trial needs to be moved to ensure a fair outcome, then move it. Can you imagine what will happen if the judge reverses himself now?
Hypothetically here - Thompson is found guilty. Thompson appeals and bases the appeal on his inability to get a fair trial in Spokane and uses the judge’s initial ruling to move the trial as evidence for why his conviction should be tossed. Appeals courts agrees and orders a new trial. Tax payers are on the hook for another trial and the Zehm family gets to wait even longer for justice.
A reasonable alternative can be found such as a closed-circuit feed for the Zehm family to watch from Spokane. If that’s not good enough, then I don’t shed any tears for them, because I want a fair trial and I want it done once. If Thompson is guilty or innocent, he should get the best trial possible to ensure there’s no way to say it was anything less from either side…
I’m sorry this is going to be offensive to some of you, but stop making this about your own vengeance quest and stop making it about Zehm’s family needing to be there, and start making this about finding justice for Zehm. I’m getting the sense there’s a lot of you who are very pissed off that you can’t be there in court to jeer at and taunt Thompson day in and out. Be pleased the judge is closing a lot of avenues for possible appeal of a guilty sentence now to prevent appeals later.
valleyman on October 06 at 9:12 a.m.
Lewis: I for one have had way more than enough of your thug - “let’s take it into our own hands” violent attitude towards the police. You are worse than Thompson if you think vigilante justice will get you anything. I’ve once again reported your ‘kill the cop’ rant to the editors…
yourkiddingme on October 06 at 9:13 a.m.
so, what would be so bad about trucking a jury into spokane from Yakima? the same intent would be accomplished?
valleyman on October 06 at 10:07 a.m.
@yourkiddingme: Who pays for that? Hotel rooms, meals, transportation… Your name says it all with regard to your suggestion…
Squid on October 06 at 10:22 a.m.
Maybe Thompson, Verner, Ferguson, Odenthal, Mcintyre, Torok, Nicks, and everyone else I’m forgetting, should pay for that? Just a thought.
Squid on October 06 at 10:24 a.m.
…… And Rocky. Especially Rocky. How could I forget him?
D Statler on October 06 at 10:27 a.m.
Maybe the police guild will offer to pay for the expenses of the Zehm family while in Yakima. They and their blind policy to protect these out of control officers has created this mess. The guild responds by blaming administration. Both sides are pointing and the Zehm family is stuck in the middle.My heart goes out to them. I atleast get to visit my son in prison after they wrongfully convicted him for a crime that somebody else confessed to. The Zehm family gets nothing but memories. :^(
yourkiddingme on October 06 at 10:47 a.m.
valleyman, you have no clue of the criminal justice system. If its a federal trial then it is the responsibility of the federal goverment to pay for the jury to be fed and housed. Do you think it would be cheaper for the witnessess to go down to yakima? Vansickle ruled to move the trial so ding dong would not have any basis for an appeal. He would have accomplished the same thing if he trucked the jury in. Thompson might walk on one of the charges but, not on both. and, im sorry if i offended you with my “you have no clue comment” you have brought up alot of good points and help to fuel a spirited discussion
misjustice on October 06 at 11:11 a.m.
Well, yourkiddingme, Ozzie does have a clue.
This trial isn’t about the dead victim, or the dead victim’s family; obviously.
valleyman on October 06 at 11:13 a.m.
@yourkiddingme: Feds pay for it? Where do they get their money???? Oh yeah… that’s right… you and I from our tax dollars.
And yes, it will be much cheaper to pay for witnesses going down for a day or two rather than a jury for weeks on end.
I think I probably know a thing or two about the criminal justice system, but I won’t take offense… I know this issue is bringing out the emotions of all involved…
GDodd on October 06 at 11:17 a.m.
Nice to see Ozzie has nothing else to do
Ron_the_Cop on October 06 at 11:28 a.m.
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
GDodd on October 06 at 11:32 a.m.
valleyman (OZZIE) arnt you on the clock? why don’t you get bizzy and clean your house.How meney homes have you got 50% off and using as rentals?
metaline on October 06 at 11:43 a.m.
Vallyman, nice to have a voice of reason, not of emotion. The most important thing now is to have a fair and unbiased trial based on the facts of the case. ( I have not followed the story and have no clue to Mr. Thompson’s guilt or innocence.)
GDodd on October 06 at 11:54 a.m.
Lewis you went and got OZZIE mad hes telling on you. boohoo
misjustice on October 06 at 12:03 p.m.
Valleyman says: I’m sorry, but our justice system isn’t and shouldn’t be set up to accommodate the family of a victim. Our system must be to ensure a fair outcome for the accused and for the victim.******
Such a true statement! Why change what needs to be done to accommodate a particular party to a case? There is no justice in that. No, it becomes biased to make sure one party that wants to ‘view’ the case is present. What if a distant relative from Chicago, or New York, or Japan wants to attend the trial? Are we, the taxpayer, to make sure that person is present? I think NOT!
If some members of the family want or need to be present, then let them take up a collection. Or have their attorney Jeffry Finer give them a cash advance. He is set to make a chunk of money from the lawsuit if they win.
GDodd……..I’m sorry your family member died by ‘suicide by cop’ but that was his wish. Get off the Ozzie bandwagon with every posting you’ve made about Zehm. Btw, your spelling is atrocious and shows the lack of education/intelligence/maturity. Just sayin’.
Ron_the_Cop on October 06 at 12:06 p.m.
Sorry my blog post is correct but in error here - me bad it’s Oct 12th.
GDodd on October 06 at 12:08 p.m.
justme you do not have the facts you are with out fact.
misjustice on October 06 at 12:20 p.m.
@ Ron, whew! You really got me with that July date…I was this close to…well, at any rate glad for the correction! Thanks…
; )
Justice delayed is justice denied.
yourkiddingme on October 06 at 12:38 p.m.
misjustice, well i walked right into that with ozzie, your right he would know a think or two about the criminal justice system
The_Seer on October 06 at 2:20 p.m.
David Condon made this a campaign issue and he is the primary reason why this trial has been moved.
I hope people remember that on election day.
I have stated repeatedly that I possess more than 100 videotaped interviews from potential jurists in this area and overwhelmingly they respond they’ve never hear of the Zehm case or understand very few of the actual details.
misjustice on October 06 at 7:21 p.m.
@ yourkiddingme, yup!
Ozzie knows!
; )
misjustice on October 06 at 9:11 p.m.
JustGrammaAgain, how, praytell, do you know what was in his mind, Gramma?
crossfire on October 06 at 11:28 p.m.
Maybe someone could start a donation fund for the Zehm’s. It would be nice to at least send the mother and a few other direct relatives to be there as witnesses to the trial. Surely we could scratch together enough to pay hotel, meals and transportation.
ViewfromSandpoint on October 07 at 12:03 p.m.
I’m 75 miles away, but this affects all of us. It appears the judge/court is making it as difficult as possible for the prosecution and the Zehm family, there will be a white-wash show trial after which Thompson will be easily acquitted. In other words, this case, the Shanto Pete case and others in recent years indicate that the “Thugs with Guns” aka, the police are now our masters and not the other way around.