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October 11, 2011 in City
A Community’s closure
More than five years after his death, Zehm storylines to play out in court
Otto Zehm’s death in 2006 polarized the community and sparked calls for reform. The complex legal battle over his death that followed has brought criticism of Spokane city leaders’ handling of the case and even morale problems within police ranks. Spokane police Officer Karl F. Thompson Jr.’s criminal trial is set to begin Wednesday.
“The trust will come back when this case finally gets tried,” said veteran legal observer Tim Trageser, a local defense attorney. “We as citizens have to accept what those 12 jurors decide.”
March 18, 2006
Two young women called 911 and made an erroneous report that Otto Zehm had stolen money from an ATM. Spokane police Officer Karl F. Thompson Jr. responded. He found Zehm, a mentally ill janitor, inside the Zip Trip on North Division Street. The store’s surveillance video showed Thompson approaching Zehm, who turned to watch the officer. Thompson began striking Zehm with his baton in what became a frenzied struggle that sometimes went out of the camera’s view. Thompson shocked Zehm with a Taser, which Thompson said had little effect. Six other officers arrived to assist Thompson; they hog-tied Zehm and placed him on his stomach, which police officials later confirmed was a violation of policy. One strapped a plastic mask over Zehm’s face to prevent him from spitting, then two officers put their weight on Zehm for a period of minutes before they noticed he wasn’t breathing, according to court records. Zehm never regained consciousness and died two days later.
The aftermath
Assistant Spokane police Chief Jim Nicks, the acting chief at the time, said Zehm “lunged” and “attacked” Thompson, prompting the use of force. An investigation by detectives Mark Burbridge and now-retired Terry Ferguson found no criminal violations, and Spokane County Prosecutor Steve Tucker made no charging decision in the case. Instead, Tucker said he would wait for the results of an FBI investigation. That investigation revealed the detectives omitted statements from witnesses; discredited another witness as having anti-law enforcement bias; and found that Ferguson failed to turn over a report from an ambulance technician indicating that Thompson hit Zehm in the head with his baton, which would constitute unjustified lethal force. Nicks later told a grand jury that Zehm had been “retreating the entire time” from Thompson, and that Thompson violated department policy and was not justified in using that level of force, according to court records.
The legal cases
The FBI investigation led to Thompson’s indictment in 2009 on charges that he used unreasonable force and lied to investigators. After delays and dozens of legal decisions, Thompson’s criminal trial in U.S. District Court begins this week. Attorneys predict as many as 120 witnesses could testify in the four- to six-week trial, which has been moved to Yakima after defense lawyers expressed concern about finding impartial jurors in Spokane following intense media coverage and strong community reaction to various developments in the case.
Also in 2009, attorneys representing Zehm’s mother and estate filed a federal civil rights suit against the city of Spokane and police officers. Attorneys said they had tried to negotiate a settlement that would include monetary damages, an apology and a plan for changes in the way police deal with mentally ill people. Assistant City Attorney Rocky Treppiedi and defense attorney Carl Oreskovich authored a 56-page response that said Zehm was at fault for his own death. “Any injury or damage suffered by Mr. Zehm was caused solely by reason of his conduct and willful resistance,” they wrote.
‘An open wound’
“There has been an open wound for 5 1/2 years and it has created such a crisis,” Spokane police Chief Anne Kirkpatrick said last week. “The longer this goes, the wound gets worse and the community gets sicker. Regardless of the outcome there will be hurt and pain. But even in the pain of recovery, eventually you have to get where you have a scar and not just the pain.”
Thompson, a decorated police officer and Vietnam veteran who earned the Bronze Star for actions to save a fellow soldier, also deserves his day in court, the chief said. The community deserves to be able to watch the process.
“We need to have this come to a conclusion and what needs to be said, to be said,” Kirkpatrick said. “I’ve never lived in a city that wants to really love their police department more. And healing takes time. I’m talking for everybody. I care about my department and I care about the Zehm family and the community,” she said, adding, “We’ve got to get closure.”
‘He cannot speak for himself’
Zehm lived on the fringes, struggled with paranoid schizophrenia and in many ways represented the individual that society should protect, said Trageser, a Spokane defense attorney who has no connection to the vast legal web tangled around Zehm’s death.
“Otto probably would have been an easy person to sweep away and forget,” Trageser said this week. “It took the support of the community to finally protect him. Unfortunately, it had to be his death to make him a champion for accountability. It’s really unfortunate.”
A former Spokane County prosecutor, James Sweetser, said, “There have been so many different perspectives presented that people don’t know what to believe. But what I can say is we are very lucky that we have a videotape. If we just relied on witness statements and it was believed, there would be no justice for Otto. He cannot speak for himself.”
1992 murder trial begins against sex offender 
jimvw2 on October 11 at 5:58 a.m.
Good journalism, Mr. Clouse. Factual information, brief but with an even-handed, human touch, using attribution to let the appropriate people make observations about the impact of this case. If I were your boss, I’d be giving you an “attaboy” for top notch journalism. We don’t see enough of this kind of old fashioned, straight up reporting. Everybody seems to want to be a columnist. It’s nice to see someone who still knows how to be a reporter. Thanks for your professionalism.
valleyman on October 11 at 8:19 a.m.
I’m still troubled by the media’s use of the term “hog-tied.” I’ve commented on this before and have never gotten an answer I’ve been satisfied with other than “it creates a sensational image that average people can relate to.”
The true fact is that hog-tying places a person’s limbs in front of their torso, and binds them all four together at a common point (i.e. the kind of tying you see at the rodeo). If this had been used on Zehm, the police would not have been able to place him on his stomach for obvious reasons…
Zehm was “restrained” using a specially-created leg restraint that resembles a dog leash. This restraint allowed police to run a link from Zehm’s handcuffs to his ankles and draw the legs (which are tied together) up from the ground and towards the handcuffs. This system, when properly used, allows for police to have a full range of control on the very limber to those with frozen joint syndrome without injuring them while they violently struggle. That officers apparently did not use the appropriate training to set Zehm on his side after “restraining” him shows further issues that I’m sure will come out in the trial.
It is time for the Spokesman and other sites to develop a little journalistic honesty however and call a technique what it really is… not what draws the most ire and angst from their audience.
Lewis on October 11 at 9:04 a.m.
valleyman that is ripe media has to be honest while the cops lie through there teeth.
why don’t the cops tell the truth that way media would be honest, meaning they would get the truth to print in the first place?
hog tie or restrain doesn’t matter Otto is dead
selkirk on October 11 at 9:05 a.m.
James Sweetser said, “There have been so many different perspectives presented that people don’t know what to believe.”
WE, THE PEOPLE OF SPOKANE, BELIEVE SPOKANE POLICE ARE LIARS, THIEVES AND MURDERERS!!!
BlondeSquawker on October 11 at 9:07 a.m.
valleyman: Does it really matter? The guy is dead. He died in police custody.
Slightlyworried on October 11 at 9:32 a.m.
@Valleyman: I think you are onto something. Rather than “clubbed Otto for turning to look at me with a liter of Pepsi in his hand” you could substitute, “deployed anti-Pepsi display system”. And rather than “placed mask on Otto’s face in violation of department policy that deprived him of oxygen” you could substitute “deployed drag reducer in case suspect’s head was placed into the wind on the way to the jail.” And instead of “left him on his stomach unable to breath because numerous officers were placing their knees in his back in violation of department policy” you could substitute “posed for group photo for federal court”. And instead of “lied to investigators afterwards in spite of the fact the whole incident was caught on tape” you could substitute “doing what what every cop in Spokane would do in similar situation”.
kkrimmer on October 11 at 9:34 a.m.
Bad cops must be fired, not protected by the chief.
brianrbreen on October 11 at 11:00 a.m.
@Valleyman
I understand your position, and just to clarify for @misjustice I know you aren’t Ozzie. But based on your background you must know that law enforcement terminology is always designed to try and mitigate civil liability whatever restraint is used. As an example “lateral neck restraint” is nothing more than choking the blood flow off to the brain causing the person to go unconscious, so in reality it is a “choke hold”. The same is true in the case of restraining an individual by immobilizing the arms and legs it doesn’t matter what you call it whether cow, calf, or person the concept is the same, protect one self. Law enforcement when it is a person (and they are trained this way as you know) has responsibilities and is trained in what can happen to an individual who is restrained in this manner. The issue for me is whether or not that training was ignored.
The issue you bring up has been brought up over and over and I provide the link below where the Chief and the Sheriff expressed their displeasure with the term. The link is an AP story not an SR story, and Steve Smith is no longer with the SR but it may provide you with an explanation of the use of the term by the media. I personally don’t have a problem with the media using the term and if I was on the witness stand justifying my use of the “lateral neck restraint” I would testify honestly, “Yep, I was choking the crap out of him because I was afraid I was going to lose” If it were an issue of “hogtying” and I had 3-4 back up it wouldn’t be an issue.
http://seattletimes.nwsource.com/html/localnews/2003714557_hogtied20.html?syndication=rss
horse_feathers on October 11 at 11:00 a.m.
“Closure” The psycho-bable word of today, would be nice if it was a real phenomenon that occured in life. If we convict Thompson (which we should as he does deserve it), the mayors, the city attorneys, the police chief, the county prosecutors and all the other individuals involved in this massive cover up will have their scape goat.
I would not compare this whole cover up not to an open wound that is going to heal but to a coldsore that lays dormant for a while until irritated again in the future by some other event. As long as we keep the underlying problems around, the Trepppiedis and Delaneys, the Kirkpatricks, the Tuckers and the slimy Detectives the puss will ooze again.
BlondeSquawker on October 11 at 11:36 a.m.
Perhaps the cops should just call it “enhanced interrogation”.
misjustice on October 11 at 11:47 a.m.
Geez, Ozzie, call it what you will; Thompson and his fellow officers committed acts that resulted in the death of a citizen.
Good point BlondeSqakwer; police departments have been militarized, just look at their uniforms and weapons, so why not just adopt the terminology also. Otto was a enemy combatant, instead of citizen, and the Zip Trip was a battlefield, instead of a store.
DickAdams on October 11 at 12:02 p.m.
Today`s story confirms the fact that Mayor Verner, and Kirkpatrick are both liars. The story talks about Chief Kirkpatrick. Even though the murder happened before Kirkpatrick was appointed Chief of Police, for gosh sake the crime happened just shortly before she was hired and she sat on her hands for years. I`ve copied from the story the following paragraph, regarding the Chief`s pathetic statements.
“There has been an open wound for 5 1/2 years and it has created such a crisis,” Spokane police Chief Anne Kirkpatrick said last week. “The longer this goes, the wound gets worse and the community gets sicker. Regardless of the outcome there will be hurt and pain. But even in the pain of recovery, eventually you have to get where you have a scar and not just the pain.”
Verner is the CEO of our city, and the buck stops in the mayors office, though it seems Roco Treppiedi has been calling the shots for years. Obviously, Verner condones what Roco has done thus far.
brianrbreen on October 11 at 1:15 p.m.
@horse_feathers
You are absolutely right, despite what the verdict may be in the Zehm case for some there won’t be “Closure” including me. At this point the Chief and the Mayor “unequivocally” support Karl Thompson and both are keeping their fingers crossed for an acquittal. The Chiefs bronze star reference is important in that one can predict her testimony. I have no idea whether she checked it or not, we will see, I think she got it from his employment application when he transferred from having been a Capt in the Kootenai County Sheriffs Office. I would love to get her on the stand and ask her a number of questions including did you check it out or did you just rely on the application? There is no question that there is an easy route, the easiest route would be that it is a whole lot easier to sweep things under the rug. If there is a guilt verdict, and the DOJ is allowed to bring forward all the crap that went on, then the Mayor perhaps will realize that, or maybe not, but there is no question in my mind that getting to that point of oversight will be a battle.
brianrbreen on October 11 at 1:21 p.m.
@misjustice
Not Ozzie for crying out loud., and the valley isn’t the Spokane Valley.
brianrbreen on October 11 at 2:43 p.m.
@misjustice
There is one and only one kick arse candidate for the Chiefs job internally , and you would like the candidate. The problem is convincing that candidate to do it, not at all PC and the candidate would tell it like it is. Home grown unlike a lot of cops on the job and understands Spokane. The candidate would put people in their place, kinda nicely, sometimes, and would probably tell the Mayor, Rocco, and the City Council to go pound sand. That is what I want. Over the years the candidate has proven themselves so many times it’s not funny and there is respect there. If I can get it to happen I will, there is no way the SPD is going to get someone from outside to clean up this mess. Looking for someone outside and going beyond Spokane is only going to give us another self-serving Kirkpatrick, I would like to get someone who actually cares.
Message delivered, now stand up!
Lewis on October 11 at 3:16 p.m.
brian if there is someone in the wings with those credentials we can bet they will not be picked for the job.
our mayor will hire someone like her sleazy and two faced.
if we had a honest law abiding chief the spd good ol boy club would get rid of them, most likely give em the ol double tap.
as long as the police guild is in power the law abiding folks of spokane don’t have a chance in hell.
misjustice maybe jimvw2 is ozzie he only blogs in morning when he is checking his emails before going out to tell a few more lies. he also thinks anyone who questions police is a crook, kinds sounds like ozzie doesnt it?
misjustice on October 11 at 3:28 p.m.
Maybe he’s both, and neither?
Doesn’t matter as long as the SPD ans SO veiw all citizens as scumbags that just haven’t been killed/caught yet, as long as the Guild has this cow town in a choke hold, as long as the chief is MIA, as long as the mayor is mealy mouthed, as long as the ombudsman is impotent, as long as the Prosecutor is on the 18th hole, and the Oz Man is on the Yellow Brick Road…ain’t nothin’ gonna change.
brianrbreen on October 11 at 3:34 p.m.
@misjustice
How do you know the Ombudsman is “impotent” ?
misjustice on October 11 at 4:26 p.m.
Uhmmm, let’s just say that I have my sources!
; )
Sorry for the spelling on the last post, I was distracted and typing one handed; unlike some folks, I don’t multi-task very well.
brianrbreen on October 11 at 4:37 p.m.
I won’t go there!
Lewis on October 11 at 6:44 p.m.
misjustice is that why burns has a pony tail?
ChefGus/ John Olsen on October 11 at 7:44 p.m.
It is my considered opinion that “Valley Man” is not Sheriff Ozzie… I know him personally… and he is not likely to be “blogging” with us… he is a serious stand up guy… I like him and respect him…. and know that he is often caught between a rock and a hard place…. do not denigrate him… he will be and has been My hope for the future of Law Enforcement in this Basin… sorry to be on the other side… but it is my belief that it will eventually get better…. John Olsen Spokane County…
misjustice on October 11 at 8:05 p.m.
You could be right, Chef. And you could be wrong.
I used to see the Oz Man in the same light; prior to the Hirzel event. Need I say more?
The Oz Man = (Chef’s) Great White Hope?
valleyman on October 11 at 8:08 p.m.
Glad to provide so much fodder for your imaginative fantasies misjustice…
misjustice on October 11 at 9:02 p.m.
Nightmares, not fantasies, Ozzie.
DickAdams on October 11 at 10:07 p.m.
MisJ:
I agree 99.9% re your posts. IMO, you are in error about the 18th hole though. Sweetheart, its the 19th hole. :)
SpokyDaBear on October 11 at 10:53 p.m.
You people are all fools. Police never lie about anything. They always tell the truth …… That serves their purpose.
PlanB on October 11 at 11:37 p.m.
There will be no closure until all the miscreants in this obscene violation of public safety are tried, found guilty, and sentenced. Of course, that ain’t gonna happen.
Off topic, but one thing that stands out to me is the almost unanimous agreement on this issue by posters that normally couldn’t agree on where to go for lunch. Otto was murdered. The people responsible need to be brought to justice. No one, including law enforcement, will be safe unless that happens.
Shadedmuse on October 12 at 2:08 a.m.
This is a NON news story and for the media to waste their time on this story is an ebarrassment to the yellow tabloid journalism that is Spokane media. stop trying to make a marter out of this low life crim, who got what he deserved for trying to rob and terrorise two young girls. no wonder people are turning to channel 3 to get their news from KLEW from Lewiston what can be seen on channel 3.
meyerlansky on October 12 at 5:17 a.m.
After the city settles with the Zehm family, I wonder what building, park, or street will be renamed after Otto Zehm. Aside from the millions the family will receive I think that city hall could be renamed The Zehm building or on a larger scale, how does Otto International Airport sound?
nslopeofw on October 12 at 5:29 a.m.
ChefGus-
if Ozzie were really a stand up guy, then his office would not have come up with the ridiculous conclusion that Thompson and gang acted appropriately in their unprovoked beatdown and murder of Otto Zehm. If he were a stand up guy, after seeing the zip trip video and hearing the testimony, he would have found his brother Thompson guilty of inappropriate conduct, and excessive force.
But, being that he really isnt a stand up guy, and because the SPD investigates his boys when something bad happens, he could not afford to tell the truth. If he did, then the “I’ll scratch your back if you’ll scratch mine” mentality would have gone out the window. It was way easier to cover his buddy’s tracks, ensuring his tracks would be covered if he needed it in the future.
You may be fooled by your “friend”, but the rest of us are not. Too bad all the players in this murder and cover up cant be tried and put in jail for a long time. How can we ever trust LO in Spokane, again? We know for a fact that they will lie for each other, cover for each other, and think its OK to murder the civilian population that pays their wages.
There are WAY too many civilian killings with the local LO finding each other justified to be a coincidence.
nslopeofw on October 12 at 6:12 a.m.
Otto Zehm murdered by Spokane police, march 20th, 2006.
April 11th, 2006, Ozzie Knezovich unanimously appointed Spokane County Sheriff.
From start until now, he has been involved. If he were really a stand up guy, dont you think by now we would have heard a statement from him against SPD using excessive force?
Truthhurts on October 12 at 7:06 a.m.
If Condon had started pounding on this 6 months earlier, he could have gotten enough of the public to really take notice, and he would have been mayor.
But, Verner is going to be the one to either clean up this mess, or be associated with it for the next century. (Hession will escape historical association with the mess, unless he wins the council presidency, then he and Verner will own it equally.)
brianrbreen on October 12 at 7:27 a.m.
@ChefGus
Valleyman is NOT Ozzie, he is an ex-cop but not from the Spokane area. Ozzie does read these blogs and I think it’s a good thing he does whether he agrees or not with some of the things posted it does give him an idea of what many people are thinking.
The Spokane County Sheriff’s Office was involved in the investigation of the Zehm case, and I believe that will be demonstrated during the trial. The lead SPD Detective in the Zehm case not only did interviews without her SCSO shadow monitoring, but also submitted the case to the prosecutor saying Thompson done no wrong without the submittal being signed and agreed to by the SCSO. It looks like there will also be testimony regarding the reports of interviews done by SPD Detective Burbridge which conflict with what witnesses told the DOJ. Burbridge was shadowed by Detective Marske from the SCSO who did not destroy his notes( Burbridge had) and Marske may have saved Burbridge from looking real bad. There may also be some more issues with the SPD doing things that might look as if it was behind the SCSO back.
Lewis on October 12 at 8:18 a.m.
brian thanks for the inside scoop
Shadedmuse on October 12 at 11:27 a.m.
I;m sick and tired of the media making this low life crim Otto a Marter, this is like making Bin Laden a Marter, I guess the Spokane Media has something in common with Al Kaita, where they make low life crim scum a marter. if this city names a park after this low life crim, I’m moving to Montana or the Blue Mtns. and boycotting Spokane a city that glorifies low life crims.
johnboy on October 12 at 4:00 p.m.
shadedmuse, if you are sooooooo sick and tired of hearing about it then why are you constitantly posting on every related article i belive you work for the doj almost as much as im ozzie.
Lewis on October 13 at 1:54 p.m.
shadedmuse is most likely related to a cop or is a cop how can any normal person think killing a disabled man is good?
shadedmuse needs 13baton strikes on her skull to clear it.