October 20, 2011

Medical expert says Zehm was beaten over the head

By The Spokesman-Review
 
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YAKIMA — A doctor who testified in the 1992 Los Angeles police beating trial of Rodney King said today that medical evidence clearly shows Otto Zehm was beaten over the head with a police baton.

Dr. Harry Smith narrated a series of autopsy photos and internal imagery scans to show jurors why he believes Spokane police Officer Karl F. Thompson Jr. struck Zehm in the head, which would constitute unjustified lethal force. Thompson disputes it.

The medical scans showed swelling under Zehm’s scalp and a mass on the right side of Zehm’s neck, which is in the same general area where a witness Wednesday testified that he saw Thompson strike Zehm on March 18, 2006.

“The cause of this is a relatively blunt form of impact,” Smith told Victor Boutros, a Department of Justice trial attorney. “The object that was used to strike Mr. Zehm was a baton.”

Defense attorney Steven Lamberson earlier questioned medical witnesses about whether a knee from another officer could have caused the bleeding under Zehm’s scalp, who stopped breathing during the struggle and died two days later.

Boutros asked Smith the same question. “If the person who places a knee on the head is very heavy” the victim would “likely receive a skull fracture,” Smith said. “But if the knee is used as an instrument of impact, then it could be done.”

Boutros also asked Smith to talk about any other cases in which he served as an expert witness that included bleeding below the scalp, but no laceration or cut from the blow.

Smith mentioned the Rodney King case, a controversial excessive-force case from 1992 captured on home video that sparked widespread riots across parts of Los Angeles when the officers were acquitted of criminal charges.

The only other witness this morning was Aaron Jaramillo, who was working as an emergency medical technician with the ambulance crew on the night of the confrontation.

He testified that he overheard Spokane Police Officer Tim Moses telling Jaramillo’s co-worker, Michael Stussi, that Thompson hit Zehm on the head, neck and upper torso.

But Lamberson challenged Jaramillo on grand jury testimony in which he said he couldn’t remember that information.

Jaramillo said he was in Florida when he was contacted by the FBI. His wife had recently given birth to their first child and he was averaging about one hour of sleep a night, he said.

He was then flown across country to Spokane and testified with little or no sleep. After a good night’s sleep, federal investigators had Jaramillo testify again to the grand jury and he said he then could remember the details clearly.

“I told the truth both days,” Jaramillo said. “I could not recall things clearly on the first day.”

Moses is in the William O. Douglas federal building and will be called this afternoon. He prevoiusly testified to the grand jury that Thompson told him at the scene that he had hit Zehm with a baton on the head.

Moses, through his attorney Chris Bugbee, then informed federal prosecutors of his intent to seek Fifth Amendment protections from self-incrimination. But Assistant U.S. Attorney Aine Ahmed has secured an immunity letter that will prevent Moses from taking the Fifth.

Seven comments on this story so far. Add yours!
  • Ed Byrnes on October 20 at 1:50 p.m.

    It appears that the direct evidence on the excessive force allegation is piling up against this offender.

    Given the repeated efforts at deception that the offender engaged in intent is becoming pretty well established as well.

    The possibility of reasonable doubt is evaporating quickly in terms of excessive force. It will be interesting to observe how the lying to investigators evidence is presented, especially since Thompson publicly stated back in 2007, I think, that he didn’t think he had to tell the truth since he was not technically under oath.

    The true measure of justice will come at sentencing. Acting under cover of law would be an aggravating circumstance and I cannot imagine any credible mitigating circumstances since the video tape and repeated lying would refute any assertion of this offender being a hero of any sort.

    Ed Byrnes

  • DickAdams on October 20 at 2:07 p.m.

    IMO, there is not a grain of truth by Thompson, if the reports and evidence reported by the news media is correct. The video is worth a conviction as there is no doubt Thompson kept hitting Otto repeatedly and I think is enough to throw this sadistic low life into prison and throw the key away.

  • kennyhuston on October 20 at 4:47 p.m.

    It was twenty years ago, but it seems like yesterday, -
    when they beat down Rodney King on a California freeway.
    Same as with King’s - the whole incident was caught on tape
    While both of these victims civil rights were basically raped
    Mistakes were made and an innocent man died.
    They could’ve just admitted it, but instead they all lied.
    Even if KlubbinKarl’s tongue were notarized, I still wouldn’t believe a word he said!
    There won’t be any conflicting statements if all the witnesses are dead!
    Excessive force? I’m thinking at the very least it was using a deadly weapon in the course of an assault.
    Shame on the SPD and the media for lying and trying to make it look as if it was all Otto’s fault.
    Just on a walk to Zip Trip for a snack and a pop.
    Next thing he knows he being billyclubbed for no reason by some cop.
    For both cases were caught on video - proving the cops lied.
    The main difference between the two is that Rodney King lived whereas Otto Zehm DIED!!!!!

    “Remember Otto” is the motto that we chant -
    Our voices speaking for him because a dead man can’t.

    *****Remember Otto*****

  • de3 on October 20 at 5:11 p.m.

    When this is over, I hope the city renames the PD building as “The Otto Zehm Memorial Building” instead of naming it after some suck up politician.

  • Truthhurts on October 20 at 5:20 p.m.

    I hate to think how many murders and moments of police brutality occur every day with no video tape to debunk the lie-machines.

    And how did the City Attorney’s office decide that it was better to side with lying cops than with the public?

    How did Hession and Verner decide that standing by lying City Attorneys and lying cops was more important than standing by the public and truth?

    What are the group dynamics that produce such perversions?

    Surely they are the same dynamics as those which lead non-pedophiles to cover-up for pedophile priests.

  • Ed Byrnes on October 20 at 5:31 p.m.

    So it seems like a lot of people care about the outcome of this trial. It might be worthwhile to show the police how many of us care about police misconduct through gathering in front of police headquarters on the day of sentencing in this trial, just to show by numbers how many of us, and what a broad cross-section of us, this matters to.

    Ed Byrnes

  • Ron_the_Cop on October 20 at 7:11 p.m.

    Ok here’s my link to the other extensive thread for those who can’t find it. Here’s my earlier comment I posted there that is on point here:

    http://www.spokesman.com/stories/2011/oct/20/officers-encounters-described/?comments#c360019

    Truth Hurts,

    You nailed it - Verner’s going along for the ride. She has no spine to fire Chief Kirkpatrick and Asst City Attorney Treppiedi for failing to do their jobs that they are sworn to do on behalf of WE THE PEOPLE.

    For this and other things in my opinion that Mayor Verner’s failure to act is tantamount to malfeasance in office. Mayor Verner may be well intentioned and a nice person but there comes a time when she needs to wield the ax on behalf of WE THE PEOPLE.

    The civil Zehm case should have been immediately settled with the filing of the federal proffer in April of 2010. My Verner is an attorney after all and should have understood what the US Attorney was saying in this filing. Instead the taxpayers we have to pay a quantum level leap in damage awards and legal fees.

    Scroll down the thread to see my comment recommending that there be inquest panels in all officer involved shootings and deaths (OIS/OIDs)

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