Spokane7
67°
October 19, 2011 in City
Three testify Thompson clubbed Zehm in head
YAKIMA – For the first time since the trial of Spokane Police Office Karl F. Thompson Jr. began last week, federal prosecutors walked out of the William O. Douglas federal courthouse this evening with smiles on their faces.
The day began with U.S. District Court Judge Fred Van Sickle – who has sided with the defense in most major evidentiary rulings – allowing the testimony of a Zip Trip employee who is expected to tell jurors he saw Otto Zehm come in almost every day to buy candy bars and Pepsi products.
Next came a revelation by Assistant Police Chief Jim Nicks that more than a year ago, Thompson approached him and tried to say he never claimed Zehm lunged during the confrontation on March 18, 2006.
Immediately after the incident, Nicks, then the acting chief, stated that Zehm had “lunged” and “attacked” Thompson. But Nicks later told a federal grand jury that Thompson had violated department policy in the confrontation with Zehm, an out-of-work janitor with schizophrenia who was buying a bottle of pop in the convenience store.
Zehm died two days after police struck him with batons, shocked him with Taser jolts, hog-tied him and placed a medical mask over his nose and mouth.
But the testimony that could prove most damaging for Thompson’s defense came today from an eyewitness, an ambulance worker and a medical examiner. All three testified they saw, were told or found evidence suggesting that Thompson struck Zehm in the head with a baton, which would constitute lethal force – something defense attorneys already conceded was not justified during that encounter.
Spokane County Medical Examiner Dr. Sally Aiken narrated a series of autopsy photos, documenting marks from four Taser deployments and dozens of bruises, including wounds over Zehm’s right eye, to his face and to the deep tissues of his neck, and from bleeding under the scalp.
“There are several injuries on the body formed by parallel lines,” Aiken said.
Assistant U.S. Attorney Timothy Durkin asked Aiken why those marks – about the same width apart – were significant.
“I observed a baton, an elongated oval baton,” she said. “That part of the oval was consistent with the lines on the forehead and some of the parallel wounds elsewhere on the body.”
Defense attorney Carl Oreskovich challenged Aiken on many of her conclusions and asked whether an officers’ knee or struggling with several other officers could have produced the bruises.
“What we see are a number of blunt force injuries. You would agree that those bruises and contusions are consistent with a violent struggle with police officers?” Oreskovich asked Aiken.
“They are consistent with a number of things including a violent struggle,” she replied. She later added: “I found injuries I believe are consistent with baton-type injuries.”
At times the exchange between Oreskovich and Aiken got testy. At one point he complained that he asked her a simple yes or no question, but she continued to elaborate.
“I’m supposed to tell the whole truth,” Aiken told Oreskovich. “So sometimes I can’t just answer with a yes or no.”
Before she completed her autopsy report on May 22, 2006, Aiken said she reviewed two camera angles of the video narrated by Detective Terry Ferguson. She said Ferguson never mentioned any head blows.
“I mentioned to Detective Ferguson that there must have been eyewitnesses to this event,” Aiken said.
“And no eyewitness reports were provided to you?” asked Durkin, the prosecutor.
Aiken responded, “I’ve never seen any witness statements. Then, later or now.”
But two witnesses later, Assistant U.S. Attorney Aine Ahmed provided one of those witnesses to the jury. Russell Balow testified that he and his wife were outside the Zip Trip, at 1712 N. Division St., that night and watched as Thompson ran up to Zehm.
Balow said he remembers seeing Thompson stop for a brief moment a few feet from Zehm and he saw Thompson’s mouth move before he swung his baton at Zehm.
“The first strike appeared to hit the head and then the shoulder on Mr. Zehm’s right side,” he said. “Before the hit, (Zehm) just kind of shielded himself. He had a two-liter pop bottle.”
Zehm’s forehead wound was on his right side. Oreskovich asked Balow if he saw a baton strike that “grazed his head or face first before it struck his shoulder,” to which Balow said yes.
“All you are saying is what appeared to you some 60 feet away watching an officer swing a baton?” Oreskovich asked. Balow again said yes.
Victor Boutros, a Department of Justice trial attorney, called Michael Stussi, who was working as a paramedic on the ambulance crew that took Zehm from the Zip Trip to Deaconess Medical Center.
Stussi wrote three times in his medical report that Zehm had been “hit in the upper torso, neck and head by a night stick per SPD.”
Defense attorney Steven Lamberson said “that night you have no recollection who provided you that information.”
Stussi replied, “Yes, I do. Officer (Tim) Moses.”
Boutros later played a video clip showing Moses speaking with Stussi as others worked on Zehm, who was not breathing and never regained consciousness.
Lamberson pointed out that Stussi testified to a grand jury, saying he wasn’t sure where he got that information.
“When I reviewed the video I remembered because that was the only place I could have gotten that information,” Stussi said.
Prosecutors plan to call Moses and Officer Erin Raleigh. Both have been declared hostile witnesses, and Ahmed said he will give Moses a letter of immunity, which will prevent Moses from seeking 5th Amendment protection against self incrimination.
Earlier Wednesday, Assistant Chief Jim Nicks testified about an encounter he had with Thompson about a year and a half ago, prior to the original setting of Thompson’s criminal trial for using unreasonable force and lying to investigators.
Thompson “approached me in the hallway of the Public Safety building. He said, ‘I would just like to remind you that sometime after the event happened I tried to correct you on the lunge statement,’” Nicks said of that conversation.
Durkin asked Nicks if Thompson earlier had tried to correct Nicks. “I have no such memory of that,” Nicks answered.
1992 murder trial begins against sex offender 
Slightlyworried on October 19 at 1:49 p.m.
@BrianBreen, Ron_the_Cop, Seer, PlanB and others:
How would you rate Durkin and his team’s efforts so far? It’s hard for me to tell but my sense is that the case against Thompson is better than we anticipated (or at least what I anticipated). It appears that the government is slowly and methodically building a very strong case against Thompson. On the other hand, it seems that the defense is not scoring any major points in it’s cross-examination. I know it’s still way to early to tell, but it appears that the smart money should be placed on conviction.
Agree or disagree?
brianrbreen on October 19 at 2:17 p.m.
It’s very hard to tell how the jury perceives things and you are right we haven’t heard the defense so who knows. I’ve been following Meghann Cunniff’s tweet, that’s all I have besides the stories, and she has been doing a great job. Some of the other media don’t seem to have a clue. Who ever posted this tweet from KHQLocalNews, needs to learn what the cause of death was.
KHQLocalNews: Dr. Aiken explains blunt force trauma as object striking individual or individual striking object.#Zehm died of blunt force trauma.16 minutes ago · reply · retweet · favorite
misjustice on October 19 at 2:28 p.m.
Gasp(s) from the jury upon seeing autopsy photos of Otto’s head showing “railroad tracks” left by Thompson’s baton….
brianrbreen on October 19 at 3:02 p.m.
@Misjustice
This apparently was on redirect of Dr Aiken. Think I know where this is going.
“Prosecution: Aiken was never told of baton strikes to head. Also Detective Ferguson, who narrated video, didn’t talk of head strikes. #zehm”
“Aiken says she was given two of the camera angles to perform #Zehm autopsy. Det. Ferguson didn’t talk about head strikes.”
brianrbreen on October 19 at 3:41 p.m.
A lot of people may have forgotten that Detective Ferguson investigated Officer Thompson in another interesting use of force case.
95. As indicated, Officer Thompson did not prepare a written report, rather
he and Braun participated in “voluntary” (i.e., non-GarriQ) recorded interviews with Major Crimes Detective Terry Ferguson .ll*
1
*Ferguson previously investigated Thompson in a shooting incident in August of 2004 and exonerated him of wrongdoing. On August 7,2004, Thompson and other SPD officers responded to a family dispute involving an attempted assault with a deadly weapon(handgun) by an intoxicated man named Chris Felch. Felch left the scene in a truck before officers arrived. Thompson saw Felch and used a slow speed maneuver to disable Felch’s truck after a short pursuit. Although another SPD officer had reached through the driver side window and pressed a gun against Felch’s head, Thompson fired five rounds at Felch from the front of his truck. Thompson claims he fired because Felch failed to comply with directions to show his hands and appeared to reach toward the passenger side of the truck to retrieve a weapon. Felch was reportedly shot 3 times in upper torso-arm and was taken into custody for lst Degree Assault, and was transported to the hospital. Based on her SPD investigative reports, State prosecutors concurred with Ferguson’s recommendation not to pursue charges against Thompson. Neither Det. Ferguson nor the MCU made an official case referral for criminal charges to the Prosecutor against Felch on two alleged 1st Degree assaults on family members( i.e.,f ired handgun,which jammed, at family members).
Scoutster on October 19 at 3:51 p.m.
Thompson’s behavior in both these incidents certainly indicates excited delirium is common in some peace officers.
Slightlyworried on October 19 at 4:26 p.m.
@Scoutster
Thank you for a moment of levity in an otherwise tragic situation. However, I suspect your wry and witty observation will be lost on those who believe police officers are incapable of making mistakes or telling a lie to cover up a mistake.
DickAdams on October 19 at 4:50 p.m.
Seems to me, court room amnesia by some of the SPD storm troopers is outrageous. Liars or what?
The_Seer on October 19 at 5:38 p.m.
The defense in this case has been obvious since the original charges were filed. They will argue Thompson thought he was responding to a robbery of two young white women by a leather clad, long haired tweaker and went into the Zip Trip to do his job. They will say instead of making him take responsibility for his acts we should thank him for what he’s done.
Slightlyworried on October 19 at 6:03 p.m.
@Seer:
I agree that will be the defense, but isn’t the question the jury will have to decide is whether a reasonable police officer faced with the same set of facts would start clubbing first and never ask questions later? That tiny 2 second gap between the time Otto turned to look at Thompson and the time Thompson began hitting him in the head with deadly force does not seem reasonable to me unless you buy into “he could have tossed the Pepsi bottle at me like it was a basketball” defense.
Ron_the_Cop on October 19 at 7:26 p.m.
For those who care here’s the link to the previous thread:
http://www.spokesman.com/stories/2011/oct/18/expert-thompsons-version-events-ulikely/
@Slightlyworried
I’ve spent one afternoon and this morning watching the trial on the video feed to the local courtroom. One thing you can’t see is the video exhibits being discussed in court. This causes some context issues.
As far as the US Attorney’s team they are methodically as you suggest laying out their case. So far the defense is picking at nits and blowing smoke which is what you do when the facts don’t support your client’s statements.
The video is what it is and it is quite telling. How much the jury will buy into the defense’s smoke and mirrors is the $64 question.
PlanB on October 19 at 7:49 p.m.
The strongest moment might be when the feds called Oreskovich a “very good attorney”, which Oreskovich had to object to on the grounds it was commentary.
The_Seer on October 19 at 7:55 p.m.
tomnsahl: How about you offer your defense strategy instead of what I proposed? I am simply repeating what the city has claimed all along and what Orescovich has argued during pre-trial maneuvers.
The few people who’ve been steadfast to make sure Otto receives justice aren’t self-promoters. I began my film of this sickening tragedy well before the feds became involved.
The_Seer on October 19 at 7:58 p.m.
slightly: As for Durkin, this case was a slam dunk with all the paper trails intact. I’d have gone after Tucker first and watched all the deals get cut along the way.
Pigrobin on October 19 at 8:42 p.m.
This mess is sickening…I hope Thompson goes down hard, very hard. Even so, that would be hollow justice for Otto, someone who deserved much better. Hopefully, the final outcome will be some real house cleaning in this city.
ChefGus/ John Olsen on October 19 at 8:49 p.m.
Is Anyone wondering what Mayor Mary… and the City Council President and ALL of the City Council are thinking and feeling tonight… this is beyond any retribution for the civil liberties that were trounced …. all of those civil liberties that these “LEADERS” were sworn to uphold in their oath of office… the Sheriff and the Chief…etc.. good grief.. John Olsen
misjustice on October 19 at 9:28 p.m.
Chef, I hope the non-leaders are quaking in their boots. And most of all that Roco’s spincter is tightening…
I am more inclined to wonder what Otto’s poor, poor mother is thinking and feeling?
I was sickened while reading the federal proffer, and brought to tears more than once while contemplating what Otto must have endured during the baton beating, the multiple tazing, and the cop induced suffering from the hogtied restraints and cops sitting on him, and the non-breathing mask that was placed on him while he slowly suffocated to DEATH. Terror! Terror! Terror!
And I was chilled to my bones at Otto’s last words, “all I wanted was a Snickers”.
Ed Byrnes on October 19 at 10:06 p.m.
Brian I agree that a conviction will be the result.
The direct evidence is too strong for even the best of attorney’s to establish reasonable doubt.
For a crime there must be behavior and intent, the direct evidence on behavior is crystal clear. Although defense counsel is trying to introduce reasonable doubt on intent the offenders own repeated dishonesty from the beginning and into the present is strong enough evidence of criminal intent, knowing that he was doing wrong, that establishing reasonable doubt on intent is unlikely.
Nobody could view that video and then be persuaded that the offender was a hero out there to protect and serve civilians, which is the only thing that defense counsel seems to have in his quiver.
The real measure of justice will be after conviction at sentencing. I am most interested in your thoughts about the sentencing phase when you want to share them.
We truly need a practice and procedure investigation by the feds to clean up the mess that allowed this to happen in the first place and to drag on for so very long.
John, as for the mayor and city council members, they said they were for independent oversight as they repealed the 2010 OPO Ordinance. None of them have made a clear and unequivocal statement that they would refuse to ratify a contract with the guild that does not clearly provide for independent oversight. It is time to press them on that before the election.
Jon Snyder and Amber Waldref voted to repeal the 2010 OPO Ordinance and are not up for re-election. When they are up for re-election and come courting the progressive vote again, like they both did last time, we need to keep foremost in our minds that being a green candidate is nice, especially to voters who can afford to shop at Huckleberry’s, but it is not the same thing as taking decisive action to ensure justice for all citizens, especially our most vulnerable brothers and sisters.
Ed Byrnes
Slightlyworried on October 19 at 10:17 p.m.
@misjustice:
As for me, I’ll never forget the image of Otto laying on the floor, holding that 2 liter bottle of Pepsi in front of his face in a vain attempt to protect his head from further savage blows from Thompson.
And yes, it deeply saddens me that Otto’s last words before losing consciousness were, “All I wanted was a Snickers”.
Finally, I am sick to my stomach how the Spokane Police Department closed ranks around Thompson and lied and lied and lied to prevent the truth from coming out. Thank God that Durkin is no Steve Tucker, otherwise this horrible crime would have died with Otto.
SpokyDaBear on October 19 at 10:23 p.m.
Poor Thompson… all he did was try to do his job.. and this is his reward…
Guess the Nazi was born in the wrong decade.
nslopeofw on October 19 at 10:54 p.m.
Where are all the pro-Thompson cop posters? After a few threats on this site, and some out and out BS statements, they have suddenly gotten awful quiet as the actual “evidence” is being produced.
I guess all that chest pounding and hive fiving at the last cop party is becoming a distant memory of the good ole days.
Hopefully after Thompson goes to the big house (where they really like ex-cops) we will be able to get some real over site on our heavy handed, gestapo-jack-boot-stomping, “peace(?) officers”. Of course, all of the cops and related participants that have made statements in favor of Thompson will have shown us how much we can trust them. This includes everyone at the sheriff’s department that found Thompson’s actions justified.
And to all of you officers that have used ethics and integrity through out your careers, i support you, and thank you. This isnt hate cops week, rather its the good feeling one gets when they know justice is about to be served to criminals that deserve to fry in hell.
C’mon pro-Thompson cop posters, spin the evidence!
505=prison.
Ron_the_Cop on October 19 at 11:18 p.m.
Chef Gus,
Yes I wonder too. They’re clueless with their heads buried in the sand. I see nothing. They’re too busy talking about meaningless other issues e.g., water rates, yard watering, bike lanes, parking strip trees and three mile electric trolley system that will rain manna from Heaven in the way of economic development. Way cool by the way.
There were multiple mistakes made in the tragic death of Otto Zehm. It will be for the jury to decide if this amounted to a criminal CRV.
HOWEVER there is evidence there was an overt coverup that extends from SPD command staff members to the City Attorney’s Office and the Office of the Mayor. This was made clear in the federal proffer filed in April 2010. This has all the makings of Watergate - as Sen. Baker asked then - what did the Mayor know and when did she know it?
WAKE UP SPOKANE!
Lewis on October 19 at 11:49 p.m.
i love it the feds are showing us and the world the scum we have down at the police department.
and i have a feeling they will be taking many of them down.
brianrbreen on October 20 at 7:52 a.m.
Ed,
I don’t believe I said a conviction is likely, I just don’t know. We haven’t heard the defense, and believe me no one knows how a jury is going to respond to the trial. I don’t remember what the federal guideline or points is for a CRV or the Obstructing Charge, that was never my area of responsibility. Just my opinion, but I would suspect that a reasonable plea offer was made and since it has gone to trial the government isn’t going come off trying to get the highest end they possibly can. Although I know some of the comments posted here and other statements made by past and present SPD officers who have attacked the feds as a whole, and the AUSAGs personally will not have any affect on the handling of the case (I only know the two locals and they are good people) those comments and the attitude displayed by several officers surely doesn’t help Thompson should he be convicted and for those involved in the case nor does it help their status as a witness. I don’t understand the position that SOME of the Officers on the SPD have taken with respect to this case, it is beyond my ability to fathom. At first I thought it was just a matter of a lack of experience and ineptness. Now I’m of the belief that it is a matter of stupidity, lack of judgment, and in some cases dishonesty. I do know that the majority of cops on the SPD are disgusted with what is going on. You don’t hear much from them and I understand why, after all the Mayor, the Police Chief, and the City Attorney’s Office, “unequivocally” support Officer Thompson which should also give the public a good idea where City leaders will try and take the issues post trial.
One of my big concerns pretrial was that Thompson would take a plea. Had he done so there is a good chance the public would never have known many of the sordid details of this case.
In my view, from the standpoint of what happens after the trial, a huge player in that regard is Victor Boutros who will be reporting back to DC what his perception is of the state of local law enforcement in Spokane. Something the importance of which I seriously doubt cops and community leaders has any kind of an understanding of.
If Thompson is convicted because he was a cop the chances of him going any where besides Camp Cookie are slim.
@tomnsahl
I thought long and hard before I posted the information from the government’s proffer regarding Ferguson’s previous investigation of Thompson. It won’t come in at trial but I think the public has a right to know all things like this.
I might also add that if I was the cop at the drivers window with my gun to the suspects head had a good view of his hands, and you were the cop in front of the truck that opened up with five rounds. After I picked myself up off the pavement the neighbors would have been calling 911 with a fight call and it wouldn’t have been civilians fighting. (You would have won of course…well maybe) :)
philipgregory on October 20 at 9:20 a.m.
If justice fails in this case it will be judge Van Sickle’s responsibility.
Keep his name and mis-deeds well publicized!
The_Seer on October 20 at 9:23 a.m.
I have information from a very reliable source that no plea offer was made to Thompson and that order came all the way from D.C. They are going to clean out the SPD and City Hall. Someone has a stiffy for them at the federal level and the next five years are going to be revelatory indeed.
The_Seer on October 20 at 9:26 a.m.
phil: With a lifetime appointment and round the clock security Van Sickle’s not worried a bit.
Slightlyworried on October 20 at 9:33 a.m.
@BrianBreen
You often post that you are disappointed (or words to that effect) with that small minority (again my words) of police officers that have assisted Thompson from day one through some form of misconduct (once again, my words). What bothers me is that it appears that every officer that responded that night to the Zip Trip is guilty of either using excessive force themselves, telling lies for Thompson, or remaining silent about the cover up when they learned the truth. Officer Moses is a great example. Also, I forget her name, but the officer who immediately viewed the surveillance tape, told Thompson outside there was no lunge, then remained silent all these years is another good example of a very bad cop (if not co-conspirator). Then we see improper conduct from every officer assigned to investigate the death of Otto (no one telling the medical examiner that there were eyewitness to the beating is another example). Throw on top of that the conduct of Nicks and it seems that the department is corrupt from top to bottom.
What am I missing?
brianrbreen on October 20 at 10:26 a.m.
@The_Seer
Perhaps your sources are better then mine. According to statements made in court there WAS discussion of a case resolution between the attorneys, and CO said he was prepared to go to trial. I don’t know what was floated by either side. It is my opinion however that given the time and effort the government has put into the case, their position was a direct plea and that position would have been understood from the get go regardless of what the defense floated.
@Slightlyworried
I don’t believe every officer on the scene was aware of all of the circumstances, nor would they necessarily be privy to what transpired after the incident, but I don’t know nor does anyone else at this point. In my opinion, unfortunately, at some point over time a culture has been allowed to develop within some segments of the SPD that is far from healthy. That doesn’t mean they have all bought into that culture. What it does mean is that it will take some time and strong leadership to get rid of it, something the department is currently lacking.
Once this case hit the press, for me anyway, it was pretty predictable what would happen. In my opinion a lot of it had to do with who was involved in the entire process of the investigation. I think as it stands now it appears my predictions were correct.
garyjh on October 20 at 1:01 p.m.
A screwball judge, a California-transplant-tough-guy-cop, a dysfunctional DA’s office, and add to that, a lying Police Chief and her lying assistant, and a few of the good ol’ boys in blue trying to cover old Karl’s behind, all sayin’; We got your back Karl. You lie, and we’ll swear to it. Yesereee! I smell a movie in the works.
And Otto? Rest in peace son. Rest in peace!
GDodd on October 20 at 5:39 p.m.
http://spokanehomicide.20m.com/