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October 18, 2011 in News, City
Nicks: Thompson approached him about ‘lunge’
YAKIMA – On the eve of his anticipated testimony, Assistant Spokane Police Chief Jim Nicks disclosed to prosecutors that he believes Officer Karl F. Thompson Jr. tried to “manipulate” his testimony.
Nicks is expected to be the first witness called Wednesday in the ongoing criminal trial of Thompson, who is charged with using unreasonable force and lying to investigators after his confrontation in 2006 with Otto Zehm.
Nicks had been scheduled to take the stand Tuesday. But Assistant U.S. Attorney Aine Ahmed said that on Monday night, Nicks for the first time revealed that more than a year ago Thompson approached Nicks and said, “You know, there was no lunge” by Zehm at the Zip Trip the night of the confrontation.
“Chief Nicks didn’t respond but thought Officer Thompson was trying to manipulate him,” Ahmed said Tuesday.
Defense attorney Steven Lamberson asked U.S. District Court Judge Fred Van Sickle to bar any reference of Thompson’s comments.
“What I’m objecting to is the conclusion he took from this,” Lamberson said of Nicks. “Officer Thompson is going to deny it. It’s clearly prejudicial.”
Van Sickle said he will allow Nicks to tell the jury about the statement but not about Nicks’ conclusion that Thompson was trying to manipulate him.
That revelation came on a day when the jury got a detailed, frame-by-frame analysis of the video and a comparison to Thompson’s statement – something that federal prosecutors said was never done by police detectives.
Richard Gill, an expert in the field of human factors, which combines engineering and psychology, showed 13 baton strikes and one Taser shot Thompson delivered to Zehm, a 36-year-old janitor who had schizophrenia.
Gill said the video clearly shows Zehm walking at slower than casual speed as he walked into the Zip Trip at 1712 N. Division St. Zehm glanced for a second or two at Thompson’s approaching car, but otherwise had his back to Thompson until the confrontation began.
Gill described how fast Thompson got out of his car and rushed into the store.
“What we saw was that Thompson’s decision to reach for the baton was made before he ever stepped across the threshold of that door,” Gill said.
Once he entered the store, Thompson delivered his first baton strike in just over two seconds. However, Thompson told investigators that he first stopped in front of Zehm and twice commanded him to drop the soda bottle before using his baton.
“In my opinion, it’s unlikely that the verbal exchange … could have occurred in this brief period of time,” Gill said.
Throughout the trial, Thompson has remained stoic. But Thompson rested his cheek in his palm and leaned on his left elbow as Gill described the action by each quarter second.
Defense attorney Carl Oreskovich challenged some of Gill’s conclusions, saying the video shows Zehm kicking and clenching fists. Oreskovich also brought up a second police officer, Steve Braun Jr., who rushed into the store after Thompson and used the touch probes on his Taser to zap Zehm two additional times with 50,000 volts of electricity.
“Officer Braun’s actions that we know occurred are not shown on the video. So you’d agree with me, would you not, that this video does not capture all of the conduct between Officer Thompson and Otto Zehm,” Oreskovich said.
Gill agreed, but said the video shows no evidence that Zehm ever kicked at Thompson, stood back up in a boxing stance or several other things that Thompson described.
Ahmed then called Dustin Balam, who was 24 at the time. He was one of a few witnesses who were able to see the confrontation that cameras were unable to capture.
Balam said Thompson struck Zehm before issuing any commands and that Zehm did not hold the bottle in a threatening manner.
Balam said he didn’t learn until he was interviewed by the FBI that Spokane Police detectives had indicated that Balam wasn’t paying attention all the time during the confrontation.
“I heard (Thompson) say ‘drop the pop bottle’ while he was on top of him,” Balam said.
Zehm held the bottle “like a defensive position, like he was trying to block” baton strikes.
The last witness was retired Spokane Police Cpl. Ty Johnson, who said he was a personal friend of Thompson’s.
Johnson told a federal grand jury that Thompson told him at the March 18, 2006, incident that Zehm lunged at him. But under questioning by Victor Boutros, a Department of Justice trial attorney, Johnson said he didn’t remember who told him what happened.
“That word keeps coming out,” Johnson said, referring to “lunged.” He continued, “I never used it and it was never used with me. I don’t know where it came from.”
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The_Seer on October 18 at 1:33 p.m.
Awww, the irony of a cop being taken down by footage obtained from the United States of Surveillance.
Other than Otto having to die, it doesn’t get any better.
BlondeSquawker on October 18 at 2:23 p.m.
Stupid cop.
johnclarke on October 18 at 2:38 p.m.
I can’t watch it. Makes me angry. That cop belongs in a cell for the rest of his days.
wheels on October 18 at 3:12 p.m.
Large group of Spokanes finest ? serving up as a support group for Thompson on Facebook using his badge # 505.Wonder how they like this testimony against their boy wonder.As a cop you’d think he’d assume the presence of a security video.How dumb can you get.
Truthhurts on October 18 at 3:16 p.m.
I have fought so many cover-ups in so many settings, that to know that Thompson lied this aggressively and that Treppiedi lied so aggressively about what the video tapes show make me wish that this kind of cover-up was a hanging offense.
Instead, we will let Thompson get his 5 years in jail, and hope Treppiedi is on trial soon, too.
And Verner cannot hide behind being lied to any longer.
Mary. You were lied to. You know it. You have known it a long time.
Step up or resign, or we just might have to do a “Jim West Recall” on your cowardly behind.
Sunshinegurl on October 18 at 3:19 p.m.
This has got me to thinking; maybe I should give my kids more than the usual two seconds to clean up their mess in the living room before I start getting mad.
I am also wondering about Zehms behavior in this. I think most people would try to defend themselves either by getting up, running, taking a swing, screaming for help. What prompted Zehm to not defend himself?
Lewis on October 18 at 3:25 p.m.
and this video was right there all the whole time while the city and police were saying it was Otto’s fault.
how can anyone see that and not scream murder? fingers crossed……….
Hunterman on October 18 at 3:44 p.m.
2.25 seconds from the time Otto saw him this cop started beating him? Holy cow!
brianrbreen on October 18 at 4:05 p.m.
Hopefully what you will find in the trial, is that Nicks testified he was manipulated, and that was his own fault and he realizes that now. The lead investigator in the case held back some of the video at the direction of Rocco the City Attorney and an Assistant Chief, or at least that is what the filing shows. No one has asked Rocco why he told Ferguson to edit the video to the extent that she left out the important parts of the video when it was presented to the brass including Nicks and the Investigative Supervisors I realize what “lawyer nice is” but get the jerk on the stand after Ferguson and have him try and explain why he made every effort to try and cover things up. I realize that in front of the Judge he will plead that he was acting in the interest of the City and it is privileged, but at least try so people can at least see where we are.
PlanB on October 18 at 4:57 p.m.
Be prepared for the SPD produced video that shows how soft cushions, a comfy chair, and a cup of coffee at eleven can be deadly weapons.
The_Seer on October 18 at 5:15 p.m.
brian: Apparently the judge just ruled that Nicks was prepared to testify he was manipulated by Thompson and that the jury won’t get to hear about it. It seems Nicks’ story has changed again. I can’t help but believe this was planned in advance by the defense and Nicks has been playing the prosecutors for fools.
This miasma is bottomless.
Charlie on October 18 at 5:31 p.m.
IMO, the SPD has been doing or saying stupid things since the “South Hill Rapist” time. That is when I started to think the SPD was a bunch of Wyatt Earp want to be’s.
Otto, you did not deserve the treatment you got, hopefully justice will be done.
Elkay on October 18 at 6:23 p.m.
So many twists and turns. I swear when the book and/or movie come out, people will think this is all fiction.
brianrbreen on October 18 at 6:41 p.m.
@The_Seer
The manipulation he would testify to is part of the entire cover up. Including the issue that according to the filings is then assistant Chief Al Odenthal directed the lead investigator Ferguson to withhold the portions of the video that showed Thompson kicking the crap out Otto. If the lead investigator is allowed to testify according to her grand jury testimony you will see(in my opinion of course) that Rocco knew exactly what happened after seeing all the tapes( as did the lead investigator) and decided to withhold them from Nicks and the investigative supervisors. Because the elected folks trusted the city attorneys office they said nothing or at least closed their eyes and did nothing. Mayor Hession ultimately saw the entire video and came out yelling that we need a consultant, after he knew the FBI was involved, even though he knew there might be some criminal ramifications but thought the public might buy it. Both Hession and Kirkpatrick (I do know a lot about this by the way) decided that it would be in their best interests to get rid of Odenthal so they could blame it all on him if things got out of hand. It got out of hand because the video became public and the blame couldn’t be solely attached to him.
Once the FBI got involved Hession knew there was trouble afoot and he did talk to the “Public Safety Committee”. After the election when Verner won during the transition period Hession advised Verner of all the problems associated with Zehm and other cases Mayor Verner soon became aware there was a Grand Jury impaneled regarding Zehm as did Kirkpatrick, and they both decided to back Thompson, no matter what, because if the real truth came out everyone would look bad.
Let me explain this. The above is simply my own observation and opinion. If I were called to task in court and asked to substantiate my observations through evidence, I would do my best to do so. :)
Although the issue in the Thompson trial is only the CRV and the Obstruction of Justice charge against Thompson, besides the government only a few will be able to understand the sublet issues involved.
Keep in mind, there is an SPD officer who may take the 5th for what he did beyond telling the FBI and the Grand Jury what Thompson said to him, and there may be more.
oink on October 18 at 7:03 p.m.
Otto.. rest easy
Otto’s family, I can only pray you get justice and closure.
People of Spokane, Open your eyes and ears. Don’t let this happen to your loved ones. Demand change with you vote next month.
The people of Spokane will pay more to Thompsons’ lawyers . (YES WE HAVE TO PAY FOR THOMPSONS’ DEFENCE TEAM) than the Zehm family are seeking in their civil suit!!!
O.I.N.K..
ONLY IF NOBODY KNOWS
(SPD MOTTO)
ONLY IF NOBODY KNOWS
(ROCCO’S MOTTO)
ONLY IF NOBODY KNOWS
(SPOKANE POLICE GUILD MOTTO)
brianrbreen on October 18 at 7:09 p.m.
@The_Seer
You might note that last week, I mentioned a grant for Officer Moses. I thought he would get one and it looks like he will. So it will be interesting to see what he says beyond the statements Thompson made to him. Whether or not he told anyone and what they said etc. As a retired cop, I would just like to see everyone tell the truth. I do however expect more 5th issues.
brianrbreen on October 18 at 7:27 p.m.
@ElKay
One of the witnesses scheduled for this week is Jeff Harvey, who has received a lot of notoriety lately. He was present as Vice President of the Police Guild during Thompson’s sworn statement to Detective Ferguson. I suspect he will be asked what transpired in the formal interview prep Ferguson had with Thompson prior to the sworn statement. I also suspect the government will consider him a hostile witness based on some of the comments he has made regarding one of the AUSAs.
A Spokane County Sheriff Deputy was also present during the sworn statement of Thompson, his name is Bill Francis. I don’t know whether he was present when Thompson was prepped for his sworn statement, but if he was, he is the only one I would trust to tell the truth.
Ron_the_Cop on October 18 at 7:36 p.m.
Truthhurts and Brian,
Excellent points and Brian’s got it dead bang on this coverup. I in was court this afternoon watching the feed from Yakima. I went to see Asst Chief Nicks testify. Couldn’t see the video frames that were being shown in court. Bummer.
Yes, Asst. Nicks supposedly is on for tomorrow. Also another officer is scheduled to testify that there was an issue of him/her invoking the 5th. US Attorney announced have given letter of immunity for testimony given in this case.
There was another now retired officer that gave testimony today that was involved in taken initial scene photos. Gee I was wondering this Officer didn’t really want to be there. He was wearing a button shirt but had no tie and coat. The US Attorney introduced him and asked that the court allow them to consider him an “adverse witness.” The court ruled in the US Attorney’s favor.
This Officer did ask questions of other officers as to what may be important to photograph. This Officer supposedly heard Ofc. Thompson say Zehm used the bottle as a weapon.
Officer on direct denied hearing this from Ofc. Thompson. US Attorney then brought out his prior grand jury testimony to the contrary. On redirect Officer admitted that this information came from Ofc. Thompson and others but it was a matter of semantics on whether Ofc. Thompson used the word “lunged” in his account. Hmmm a case of to tell the truth, the whole truth and nothing but the truth.
Also after the jury was removed the US Attorney said they had received info that KXLY would air a video tonight prepared by the SPD to show how a plastic two liter pop bottle could be used as a weapon and again wanted the court to admonish the jury about watching media coverage of the trial.
And Brian, Roco was sitting in the back row watching the whole thing. Seems to me with his previous actions I would throw him out of the court as he could be feeding future witnesses the testimony of those that have gone before.
I was live blogging on KXLY’s Rick Rydell’s facebook page. You can read my fat finger posts from my smart phone here:
http://tinyurl.com/3zxhy9v
Ron_the_Cop on October 18 at 7:41 p.m.
Here’s the link to the KXLY video:
http://www.kxly.com/localvideo/index.html?v=27560
Ron_the_Cop on October 18 at 7:51 p.m.
Here’s a link to KREM2’s coverage on the new issue of Asst Nicks’ saying that he was being manipulated by Ofc. Thompson when they talked over a year ago. This was heard out of the presence of the jury. The judge will allow the statement to come in but not Nicks’ opinion that it was manipulative:
http://www.krem.com/news/Asst-Police-Chief-takes-the-stand-for-the-prosecution-today-in-Karl-Thompson-trial-132048893.html
Elkay on October 18 at 8:07 p.m.
@Brian,
Are you as brilliant in real life as you are here? Talk about insight…you just keep nailing it. Thank you for keeping all of us on top of this convoluted series of events. You’re able to tell it in layman’s terms.
Slightlyworried on October 18 at 8:11 p.m.
@Ron_the_Cop
Thanks for the link to KXLY. I can’t believe Jeff Humphries, who I respect, would put that on the air. That “expert” using the pop bottle “as a weapon” could have done the same damage with his empty hand. He didn’t need the pop bottle to break the stick or the watermelon. Besides, Thompson has already stated, in great detail, how Otto held the bottle parrallel to the ground in both hands near his chest. Nothing like the video where the “expert” swings the bottle like a club.
I believe Thompson has stated that he worried about Otto throwing the bottle in that parrallel position towards him—similar to a chest pass in basketball. Some friends and I tried to hurt each other with a 2 liter bottle in the same fashion described by Thompson. It was super simple to deflect it, step out of the way, or simply catch it. I sure hope the jury sees through this crap.
Sunshinegurl on October 18 at 8:15 p.m.
Thank god for the links you guys post, I hatr having to search through all the articles. Anyway I think the judge finally got something right. Nicks doesn’t need to testify what he thinks someone else was thinking, he just needs to state the facts. Stick to what he can say with certainty and let the jury decide if Thompson was trying to be manipulative and deceitful, that’s what this case is all about.
Sunshinegurl on October 18 at 8:23 p.m.
I wonder if these cops know how much it bothers people when they continue to spout how dangerous the average household item is. This video serves no purpose other than to further demonstrate the ever growing distance between SPD and rational people (aka the general public).
GDodd on October 18 at 8:36 p.m.
whats NEXT!!!!!!!!!!!!!!!
GDodd on October 18 at 8:37 p.m.
a–––—ROCK!!!!!!!!!!!!!
greenlibertarian on October 18 at 9:20 p.m.
Ron_the_Cop on October 18 at 7:41 p.m.
Here’s the link to the KXLY video:
http://www.kxly.com/localvideo/index.html?v=27560
That’s about the stupidest thing I’ve ever seen.
Re-enact in court how Otto was holding that bottle, and what damage he COULD do with the bottle to a trained police officer standing right in front of him. The results which be zilch.
D Statler on October 18 at 9:28 p.m.
Detective Francis will tell the truth when asked the proper questions. He has been around the block many times and seen this behavior many times before in his career.Time to retire Bill before these creeps use you for the fall guy next time friend. I just hope the judge allows the hard questions to be asked and answered.Everyone of these elected officials involved need to be called to the stand. Anyone of our public servants that take the fifth should be terminated immediately. I am very saddened to hear the real truth as it comes out.
FYI: The Dodd shooting is as big a twisted bunch of lies as the Zehm case. Let’s not forget the guy killed for carrying a keychain / possible rock please. The Police/ Sheriffs have threatened the Dodd family with counter charges if they pursue justice. I am wondering if the Zehm family was threatened also?
Ron_the_Cop on October 18 at 9:33 p.m.
GL,
Yep that’s what the defense is running with that the bottle was either a weapon or at least a distraction and Zehm did not comply with orders.
The problem is whether any commands were given before the baton strikes. Then whether there was any real time for Zehm to comply. Dr. Gill’s opinion not enough time when you break down the video frame by frame.
Then there is the issue of whether the bottle was used aggressively as a weapon or defensively in reaction to the baton strikes and taser hit. The customer/witness today had the impression the bottle was used defensively in reaction to the strikes.
It will be the jury who will decide this issue once all the evidence and testimony is in.
Bottom line the video is what the video is. Without this video imagine where we would be. And we’re not even to hearing testimony who ordered the tape to be edited and those who knew this happened and remained silent. Does the person who’s name begins with T. That’s a capital “T ” that spells T R O U B L E right here in River City.
misjustice on October 18 at 9:38 p.m.
Careful, Ron, he’ll come after YOU!
Ron_the_Cop on October 18 at 9:46 p.m.
Ms. Justy,
Thanks. It will be a cold day in Hell when our First Amendment rights are infringed. I would encourage all to read the federal proffer filed in April of 2010. Seems as though I’m in good company.
http://tinyurl.com/3p62vj7
misjustice on October 18 at 10:02 p.m.
I’m just thinkin’ of what was done to you after your involvement with the Creach homicide. Be careful, my friend!
; )
misjustice on October 18 at 10:59 p.m.
“Asst. city attorney Treppiedi oversaw the handling of the City’s records
requests and informed the County Prosecutor’s Office that he would process the
public records requests received on the case so that the County Prosecutor’s Office
would not have to respond.”
“when Mr. Fredericks produced the still photographs, the DOJ is surprised
to learn that a copy of the stills and the work performed by Mr. Fredericks at DOJ’s
behest has also been provided to asst. city (civil) attorney Treppiedi.”
“From October 2008 through June 2009, it became apparent to the
DOJ that Asst. City Atty. Treppiedi was briefing and preparing most of the Spokane
Police Department and/or the City of Spokane witnesses called to testify before the
Grand Jury. It was also learned that Treppiedi was debriefing SPD witnesses who
appeared before the grand jury. See Ct. Rec. #60, ¶ 65.
151. The DOJ also learned that Treppiedi was conducting an “investigation”
that appeared to “shadow” in some of the investigative activities of the DOJ and/or
Grand Jury. For instance, in addition to preparing and/or debriefing the many SPD
witnesses, Mr. Treppiedi also conducted post-GJ testimony interviews of one or
more non-SPD witnesses that had recently appeared before the Grand Jury.”
“Treppiedi was now asserting (notwithstanding Oreskovich’s independent
retention at public expense) that Treppiedi and the City Attorney’s Office also
continued to represent Thompson’s global “interests” arising out of his use of nonlethal
and lethal force on Otto Zehm. See Dckt. #60, Exhibit #6, Oreskovich’s
February 18, 2009, letter advising that Asst. City Attorney Treppiedi continues to
represent Thompson’s, the SPD’s, SPD administrators, other SPD officers, and the
City’s interests in the Zehm incident, and any possible civil liability.”
“In the spring of 2009, the United States learns that asst. city attorney
Treppiedi contacted and attempted to interview one of the DOJ’s retained expert
witnesses and consultants in its continuing investigation of defendant Thompson,
Treppiedi’s claimed client. Upon learning of Treppiedi’s contact with Robert Bragg,
a defensive tactics expert and program director of the Washington State Criminal
Justice Training Commission’s defensive tactics program, AUSA Durkin contacted
Treppiedi and requested that he and the City Attorney’s Office cease and desist all
further contact with the DOJ’s expert on their client’s (including Thompson’s) behalf.
158. Mr. Treppiedi refused the DOJ’s request and expressed the belief that
while Mr. Bragg had no direct involvement in defendant Thompson’s and/or any
other SPD officers’ detention of Zehm the night of March 18, 2006, that Mr. Bragg
could nonetheless be a “fact witness” (concerning State and SPD training) and
therefore he had the right to engage in ex parte contact with and interview Mr.
Bragg, even if he was a DOJ expert and Treppiedi represented a directly adverse
party. See Exhibit #7, Ct. Rec. 60.”
Okay, so why the hell hasn’t Treppiedi been disbarred?
These exerts from the federal proffer link that Ron put up demonstrate to me that Treppiedi is a loose cannon, has likely tampered with evidence, with witnesses, and probably kicks his dog, too!
misjustice on October 18 at 11:10 p.m.
After weighing through the entire federal proffer, I feel sick; and justified in my opinion that “this town needs an enema”.
PlanB on October 18 at 11:21 p.m.
Ms J, I have to disagree with your description of Treppiedi as a loose cannon. He is totally predictable as a bastion of support for every extreme violation of public safety that spews forth from the SPD, and there is no limit to the actions he will take. The mayor and city council as a whole are guilty of enabling this madman to put every citizen of Spokane at risk because of their complacency.
Ron_the_Cop on October 18 at 11:22 p.m.
Thx Justy,
I would encourage all to read the federal proffer and then asked yourself what Mayor knew and when did she know it.
Also you know see my point re Treppiedi watching the proceedings in court:
Ron_the_Cop on October 18 at 11:27 p.m.
Plan B,
I agree the City Attorney’s Office has all of the elected snowed. Consider the farce of the City’s position on the Ombudsman Ordinance with the recent PERC action. Dare I say the City Attorney’s Office tanked the City’s position to the detriment of the citizens.
Justy I agree but I think some C4 will be necessary to unplugged this cesspool. OK so I’m clear here this is a rhetorical statement e.g., vote them out and or recall them. Better yet some need to go to jail for obstruction of justice.
misjustice on October 18 at 11:30 p.m.
PlanB, I stand corrected!
; )
Ron, it seemed from my reading of the federal proffer that the Feds could barely conceal their disdain for Roco…
misjustice on October 18 at 11:33 p.m.
Glad you clarified your C4 reference, Ron!
; )
brianrbreen on October 19 at 7:16 a.m.
@Slightlyworried
You would have to understand Jeff Humphies relationship with the SPD. He is their go to guy when they want something put in a good light. They aren’t happy with all the other journalists who the SPD believes are after them. I find it kinda funny. I understand that media is supposed to develop sources and a rapport with people but I would think that if one weren’t careful they could end up in the same situation Nicks was in. It appears the KXLY video was shot at the SPD firing range, I wonder who approved that. The video is laughable in my view a would be easily countered by an expert witness. Perhaps that is why the defense hasn’t brought it up.
@undooly_prosecuted
Bill Francis is a hell of a good man and Detective. Francis was supposed to be Ferguson’s SO shadow, but according to the filings Ferguson went behind his back on a number of occasions and excluded him from some of the important interviews, not surprising if things ain’t kosher.
@Ron_the_Cop
I’m glad to hear that I am paying Rocco to attend the trial. I’m sure the explanation is that he is preparing to defend the Zehm civil suit. Remember that is the one the Mayor said she wanted settled right away. Gosh, in the Mehring case the attorney representing the city said the reason Dr. Palmers contract hadn’t been renewed was because Rocco was such a busy man, I guess he must be.
I figured the government would have to provide immunity grants to some officers, I’m just not sure how many. The 5th issue, as far as Officer Moses is concerned appears to go beyond the statements Thompson made to him that night, if it is, that could end up being real interesting. I’d hate to be in the governments position trying to figure out who they are going to grant and who they aren’t. I would love to see the ones that don’t get a grant forced to take the stand and plead the 5th in front of the jury, but I don’t know if the Judge will allow that. If they were forced it would give the Jury and the Community a good idea of just how bad this case is.
@Misjustice
Regarding Rocco, If we only knew. :)
Of course everything I’ve posted is simply my opinion.
Truthhurts on October 19 at 7:27 a.m.
BrianBreen: I somehow missed Verner’s culpability being as clear as you made it in your 6:41pm post.
She needs to be recalled.
The book needs to be written which fully shames her and Hession for posterity.
And Misjustice, I doubt the Bar complaint has been filed against Treppiedi, yet, and Treppiedi’s criminal prosecution is more important.
Finally, why would Verner and Hession decide that refusing to compensate the Zehm family is worth becoming criminals. How could representatives of the citizens surrender this noble motive (representing the citizens) for the base motives of joining a criminal conspiracy?
brianrbreen on October 19 at 8:07 a.m.
@Truthhurts
You might take note of the admonishment in the 6:41 PM post. I clarified that it was my opinion and my observations. I certainly wouldn’t want to accuse anyone of having “culpability”. Of course there is a simple way for both Verner, Hession and Kirkpatrick to set the record straight. All they have to do is provide the media with all their email interaction regarding the Zehm case and then explain the context of those emails. In my view that’s pretty simple. Of course if one were concerned about being a target of a grand jury, maybe you wouldn’t want that communication public, I don’t know.
I agree with you regarding the bar complaint, but who knows. I only know that in my opinion if the US Attorney filed a proffer basically alleging misconduct on the part of one of my employees and an attorney, I sure as heck would have read it, and then the US Attorney wouldn’t have had to ask for a meeting with me, my arse would have been sitting on the other side of his desk within minutes. I mean gosh, the Mayor said she didn’t know about the proffer or the request for a meeting. Somehow though, at least it’s my understanding that after the proffer Rocco was taken off cops and they were assigned to Erin Jacobson. Boy a lot of things just don’t make sense to me, but then again I’m a little slow, perhaps others have better grasp.
The_Seer on October 19 at 8:51 a.m.
My film on this subject is gonna be epic. I couldn’t write this material if I tried.
Thanks, Rocky. You are the gift that keeps on giving.
I have a source at the Yakima location getting some great footage of Karl and his team entering and leaving the courthouse. That smug smile of Karl is starting to get a might strained these days… In addition, she is taking notes on body language that I might be able to use for reconstructions of the trial at a later date.
brianrbreen on October 19 at 8:57 a.m.
@Truthhurts
Perhaps it is because I have my foil hat and decoder ring on, but when I read this stuff from a government proffer I kinda wonder how it relates to the story I linked below. Maybe at some point Hession and Kirkpatrick will explain why Odenthal resigned, do you think?
21. The morning of March 23, 2006, footage from two Zip Trip store
security camera angles (i.e., camera angles #1 and #2) is reviewed by MCU
Detectives with SPD Brass, reportedly including Acting Chief Nicks, Asst. Chief Odenthal, Asst. Chief Bruce Roberts, and Asst. City Attorney Rocky Treppiedi. “No Lunge” or “attack” by Zehm is revealed in either of these video angles. In fact, it appears that Asst. Chief Odenthal spliced off two (#3 and #4) of the four camera angles. The cameras at these angles (#3 and #4) are digital, whereas camera angles #1 and #2 are analog recorders. See SPD Investigative records (Det. Ferguson,
McGregor and Acting Chief Nicks’s notebook)
41. On or about August 3, 2006, SPD PIO Cpl. Tom Lee advises Chief
Nicks that the Spokesman and KREM are pursuing stories on the City’s failure to disclose the two additional camera angles. Chief Nicks has a meeting with Det. Ferguson and Lt. Stephens. Lt. Stephens advises that he was unaware of the two additional camera angles. Det. Ferguson acknowledges that she was aware of all four angles, but claims (like Asst. City Attorney Treppiedi) that only the analog cameras #1 and #2 (and not the digital cameras of #3-4) had “anything of value.” Id.
43. On August 7, 2006, Chief Nicks meets with Asst. Chief Al Odenthal
and seeks an explanation as to why the two additional video angles were missed. Asst. Chief Odenthal claims that he too was informed that the two other store security camera angles possessed nothing of value. Id.
44. On August 8, 2006, Asst. Chief Odenthal informs Chief Nicks that Det.
Ferguson removed the original video discs from the property booking and has provided the “master copy” to Grant Fredericks, the video forensic technician. Det. Ferguson reportedly did this without advising her supervisor. Det. Ferguson reportedly thought that the SPD “chain of command” had approved the release of the original property/evidence to Fredericks because “Rocky told [her] the [County] Prosecutor” made the request. [sic] Once the original evidence was removed from property, there were no copies of the original “video” evidence remaining booked into property, only working copies existed. Id. The original evidence is later
recovered.
http://www.spokesman.com/stories/2006/dec/20/deputy-chief-quits-police-department/
SpokyDaBear on October 19 at 11:04 a.m.
Thompson is innocent… Otto Zehm caused everything to happen. If he had just stop, put the diet-coke down and assume the position spread-eagle on the floor, he never would have been injured.
But he insisted on using his diet-coke as a protective shield instead of just taking the baton hits to his face…
Ron_the_Cop on October 19 at 11:10 a.m.
I went to hear Asst Chief Nicks testimony in the Zehm/Thompson case this morning.
Here’s my FB feed to Rick Rydell to page of the blow by blow coverage:
http://tinyurl.com/3j5fuhm
There were a lot of areas that were not explored by the US Attorney. I’m guessing this was because of previous court rulings. Nicks was excused. This was not subject tor recall.
Ron_the_Cop on October 19 at 11:29 a.m.
Here’s KREM’s report of this morning’s court session:
Asst. Police Chief, medical examiner take stand in Thompson trial
http://www.krem.com/news/local/Asst-Police-Chieft-takes-the-stand-132153568.html
brianrbreen on October 19 at 11:33 a.m.
I would speculate holding him off for rebuttal if the issues are opened by the defense, including Thompson’s testimony if Thompson does in fact take the stand. The Govt. might feel they can get most of his stuff in through Boothe and Uberuaga. Unless of course their testimony changes since the grand jury.
http://media.spokesman.com/documents/2010/03/policewitnesses.pdf
Ron_the_Cop on October 19 at 11:59 a.m.
Brian,
I agree. He’s being held in the bull pen and the defense knows it. I would think the feds want more out of him to warrant granting immunity to him.
I just don’t know federal protocol for recalling of witnesses. Nicks was released without subject to recall.
brianrbreen on October 19 at 12:08 p.m.
He can still be called in rebuttal. I doubt they are worried he is going to split.
Based on what I’ve read, it doesn’t look to me like he needs a grant. Very, very, poor judgment perhaps in trusting his staff, but I don’t see an obstruction issue with him.
brianrbreen on October 19 at 12:12 p.m.
You can lie to the media all you want, you just can’t lie about any aspect of a criminal investigation or withhold anything from the investigators.
brianrbreen on October 19 at 12:25 p.m.
I did notice that Chris Bugbee got an immunity grant for Officer Moses. I can’t see where he would need one as far as testimony about Thompson’s statements to him that night. Pure and total speculation but my WAG would be the immunity has something to do with what he did with that information and who he gave it to if anyone. I can’t find any reports that he made regarding Thompson’s statements. His testimony may be interesting.
Ron_the_Cop on October 19 at 12:48 p.m.
Brian,
I agree re Nicks. Nicks looks like he was being made the patsy by the City Attorney’s Office and the Office of the Mayor to keep a lid on this case. Of course former Chief Odenthal, Sgt. Joe Peterson, and Det Fergusion as Ricky Ricardo would say to Lucy, they’ve got some explaining to do:-) Interesting Roco was not in court this morning.
As to Ofc. Moses I think you’re right on the mark. It’s something he conveyed to someone where he might have some knowledge that a coverup was underway. Atty Bugbee stuck his head in briefly. According to S-R Cuniff’s twitter post, Ofc. Moses likely to go on tomorrow.
Wasn’t a complete dry run this morning. I now have permission to bring my laptop into the courtroom with the other credentialed media reporters:-) I ran the argument that national political conventions give press passes to citizen reporters/bloggers:-)
Ron_the_Cop on October 19 at 7:16 p.m.
New story on this case at this link:
http://www.spokesman.com/stories/2011/oct/19/nicks-thompson-never-tried-correct-lunge-statement/
misjustice on October 19 at 7:52 p.m.
Convincing argument for allowing you to bring in the laptop, Ron! Way to argue!
; )
I appreciate your insight and added comments.