Spokane7
67°
October 20, 2011 in City
EMT, medical examiner testify about baton injuries to Zehm
Witness recounts seeing Thompson beat man
YAKIMA – For the first time since the trial of Spokane police Officer Karl F. Thompson Jr. began last week, federal prosecutors walked out of the William O. Douglas federal courthouse Wednesday 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 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 Wednesday 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 Fifth 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 
Dazzeetrader11 on October 20 at 2:17 a.m.
It’s looking more and more like this was murder of a disabled happy go lucky innocent young man. Those films are so directly graphic, I do not see how anyone could find this action by the police anything BUT murder. A bunch of thugs in uniforms killed this man.
Kirkpatrick, Nicks and Verner, with the assitance of the lawyers at city hall tried to cover it up. All of these people should be punished and not just a little. Their careers should be summarily ended without any hope of benefits or retirement.
Using the uniform or your position as a shield to protect from jail should be prohibited. I didn’t know how bad this was.
Verner has to be the most corrupt. Nicks lied and tried to save his skin. He shouldn’t be given retirement but she be forced to labor for years beyond his dismissal. Kirk should be banished immediately from any further post. But the worst is those cops.
I cannot understand how any of them could be employed again.
drywitt99 on October 20 at 3:42 a.m.
“A bunch of thugs in uniforms killed this man.”
Absolutely correct Dazed.
MrBloggy on October 20 at 5:34 a.m.
Let’s hope this case draws a broad blue line that cops don’t get to cross in Spokane. They don’t get to summarily murder civilians. Tucker lacks the courage and manhood to prosecute Thompson for a violent felony, thank God the feds are finely tuned machines at taking down local chumps like Thompson. Nicks is lucky he’s not up on charges also. He knows if he doesn’t give Thompson up he’s next. The code of silence isn’t that hard to break when prison is on the line.
Pat O'Leary on October 20 at 5:38 a.m.
Dazed….you seem to have some kind of political agenda. Every comment you make seems to be aimed at the defeat of Mary Verner. One should remember who the mayor was when the homicide occured. It was Dennis Hession …and Kirkpatrick was not the chief at the time. While they may be guilty of taking some bad advice from Treppiedi and others in the legal department, they were not present at the Zip-Trip and are not guilty of any crime. They may be faulted for other reasons but commiting a crime is not a legitimate claim on your part. You are simply beating a drum for the election of Condon. Quit twisting the truth to further your candidate’s lack of bona fides for being mayor of this city, or any other, as far as that goes.
However, I have to agree about the pack of thugs that were involved.
Open_Spokane on October 20 at 6:30 a.m.
I wonder why the city had to hire outside legal council for Officer Thompson. Couldn’t Roco Treppiedi defend Thompson? What ever happened to Treppiedi’s excited delrium ploy?
And yes, Verner was not the Mayor when this went down. She was on the City Council and from my recollection she was on the Public Safety Committee. Therefore, she would have known all the details.
For the past four years as Mayor she could have provided some leadership and direction to get this matter resolved. Instead she placed too much confidence in the city staff. That’s the main issue this election.
We elect a strong mayor, not city staff.
The_Seer on October 20 at 8:59 a.m.
open: Orescovich was appointed to defend Thompson because Treppidi’s work on the civil suit posed a conflict of interest. Besides, the Police Guild wanted Thompson to have a shot at being exonerated and we all know Rocky’s track record when cases go to trial.
Albert on October 20 at 9:31 a.m.
Has anyone calculated the cost to the taxpayers of Spokane for this trial and the civil case that is pending??? Let’s toss in the pending case against Annie Get Your Toy Gun for demoting one of SlowCan’s non-finest???
We are forced to pay extra license tab fees, ever-increasing water extortion charges, sewer/trash increases, and now these bills will add to our deficit.
Unfortunately Otto is only one of many victims, (including myself), of the illegal tactics of our sub-human species that wear a badge. We need to terminate our “union contract” with the gestapo and reopen on a normal “at will” basis.
Oh, by the way, do you recall Annie’s initial brag: “Lie and you die”? It seems that it’s come 360.
crossfire on October 20 at 10:48 a.m.
In Aiken’s testimony she said that when there are strikes with batons there is always bruising or something to that effect.
Does this open the door in the Creach civil case?
Remember an important part of that investigation was the statement that Hirzel gave saying he struck Creach in the leg with his baton buckling him to the ground.
However there was no bruising to support that claim.
In that investigation they said there is not always bruising apparent when someone dies because of blood movement or something like that.
Seems fishy to me.
brianrbreen on October 20 at 11:31 a.m.
@The_Seer
Just my opinion of course but, CO was hired by the City prior to Thompson’s indictment and at a time when the city knew there was a grand jury investigating the Zehm case and there would likely be an indictment. The “story”, and I do mean story, was that CO was going to represent the City and the Officers in the civil case. The Mayor, the Chief, and City Attorneys Office all knew they needed Thompson to have quality representation for the criminal case they knew was coming because if he was convicted there would be hell to pay. So they sold the city council on the idea that CO was going to do the civil case.(laughable to anyone that knows anything).
Once the indictment came down then CO was supposedly providing representation for the civil and criminal case against Thompson. The government tried to play nice at first (big mistake) then Rocco started pulling his crap and the feds put a stop to it pushing the conflict issue and demonstrating to the court what was in my view his questionable ethical conduct. Rocco and the City Attorney’s Office had to pull out or perhaps find themselves in deep crap with the Bar at the very least.
Thompson dumps his assets, the court rules him indigent, and to maintain defense continuity CO gets the job (If it makes you feel any better at a rate quite a bit less then what the city was paying him).
Dazzeetrader11 on October 20 at 11:40 a.m.
Pat YOU need to be smarter. The cops did the murder. Hession was NOT the mayor who covered this up. Verner, Kirk and Nicks covered it up. You Do know that the coverup is how someone or some group arranges things so a murdaer and the perpetrators don’t face justice don’t you? No,,,they face a big fat pension funded my me and you.
Hession had nothing to do with this except he was the PRIOR mayor. Nothing at ALL. Cops murdered and Verner covered it up till the Feds overwhelmed her and the little cabal of lawyers she works with. Verner directed the coverup with her lawyers advice. Condon has nothing to do with this.
Fish stinks from the head down. Remember that Pat. Administration tried to arrange thing so murderers go free. All of them should be in jail and never work again. No pensions for malfeasance.
Truthhurts on October 20 at 12:06 p.m.
Hession is responsible, too.
But Verner is the one well-placed now to end the lies.
Verner might not be so much corrupt as cowardly and dependent.
In any event, Verner continues to fail to do the right thing, and is therefore doing what is wrong.
Ron_the_Cop on October 20 at 12:17 p.m.
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.
The_Seer on October 20 at 12:48 p.m.
brian: You are correct in your depiction of the conflict of interest proceedings.
valleyman on October 20 at 1:49 p.m.
@crossfire: Difference here is that Zehm was kept alive for several days by machines, thus blood circulation continued allowing bruises to form and Creach died momentarily after he was struck… Some human anatomy lessons might be instructive…
Dazzeetrader11 on October 20 at 2:50 p.m.
Hession had othing to do with this. This is Verner’s mess. Whether it was “can not or will not” do the right thing…it’s still comes out the same.
DickAdams on October 20 at 3:25 p.m.
I agree 100% with Ron the cop.
detroitdude on October 20 at 4:01 p.m.
http://en.wikipedia.org/wiki/Dennis_P._Hession
Says, he was Mayor from 2005-2007. Otto Zehm (1970–2006).
So this happened on his watch, he doesn’t bear any responsibility though? Just asking, I haven’t lived here all my life, if I missed such a thing that exonerated him from participating in any sort of coverup I apologize in advance.
GDodd on October 20 at 4:59 p.m.
http://spokanehomicide.20m.com/
Ron_the_Cop on October 20 at 6:50 p.m.
Valleyman,
Thanks for your explanation. There has been considerable debate of whether there was any slight physical/forensic evidence that confirms or refutes a baton strike to Creach’s knee area.
I was wondering whether you could give an opinion as to angle of entry of he bullet in the Creach case? This has been the subject of much debate of ME Howard’s diagram, trajectory rod placement, replacement of the breastplate and dissection report of the wound tract.
Much of what I’ve read of Dr. Howard’s statements are through the paraphrasing of his statements by the investigators. I would like to hear Dr. Howard’s own explanation on the stand subject to cross-examination.
As we now see in the Zehm case with Dr. Akin’s testimony there appears to be an overt or inadvertent screening of scene evidence/testimony to the MEs. This info would give the ME a better perspective/context/understanding of what happened. The ME knowing this information could then give a better autopsy report.
This is why Brian, me and others are advocating an inquest proceeding where subject experts and investigators can take the stand subject to cross examination in front of an impartial jury in all OIS/OID investigations. These inquests should be presided over by a superior court judge under the rule of law/evidence and heard by an impartial jury. This could occur once the criminal investigation is done and presented to the prosecutor for review. This would happen early on in the process and provide the transparency that the citizens are know demanding.
Of course the prosecutor would not be bound by an inquest panel’s decision. Officers would be free to invoke the 5th if they so chose without peril.
I don’t wish to incite any violence by the public over these OIS/OIDs which are relatively few and far between. Those I’ve researched though I haven’t been impressed with the quality of the investigations. I’m not saying there is anything nefarious with the exception of the current Zehm case. What I do see are the investigators getting locked into group think and then dismissing other reasonable possible scenarios in the search for the truth.
Ron_the_Cop on October 20 at 6:50 p.m.
Continuing with this discussion. These investigations both criminal and IA should be a search for the truth. I would think those in our professions would want to identify when mistakes are made and address them immediately so we don’t have further instances where property owners are shot from cascading series of events that lead to tragic outcomes.
In the Zehm case which in my opinion was a wrongful death because of the issues involving positional asphyxia. This is a police policy, procedure and training issue. Granted the Zehm case is unique as the federal criminal case has drug on for five years. The public is demanding answers and corrective actions occur much earlier. This is why I find the Mayor’s promise of a commission review after the criminal case is completed as being SO DISINGENUOUS. This is more about CYA’g and the upcoming election rather than minimizing the costs WE THE TAXPAYERS we will pay in the end not those who were involved.
The question in the Zehm case was whether use of force was intentionally applied with the specific intent to violate Zehm’s civil rights beyond a reasonable doubt. This is a high burden of proof for the prosecutions to prove. This must be viewed from the perspective of the officer as to what he/her knew and his/her level of experience and training. This is what the jury must decide. With the overt cover-up in the Zehm case now being exposed, the prosecution may very well get their lying to federal investigators charge.
As I said before the Zehm case has similarities to Watergate. The cover-up is much worse than the actual incident and or crime.
I’ve written both the Mayor and City Council that they should immediately request that the US Attorney’s Office expand its current criminal investigation to include and prosecute all who were complicit and or aided/abetted in this cover-up for obstruction of justice.
The Mayor and City Council should also request of the US DOJ that it conduct a pattern and practice investigation of SPD similar to what is being done in Seattle. This is the only way this culture of covering up mistakes will be changed. There is no way the police ombudsman even with expanded investigative powers can hope to correct this deviant leadership culture.
kandks on October 20 at 7:23 p.m.
Dazee,
No Dennis HESSION WASN’T the PREVIOUS Spokane City mayor. He was THE mayor on the evening poor, innocent Otto Zehm was police-baton bludgeoned and eventually died in the custody of Spokane Police. And Kirkpatrick wasn’t even police chief at the time!! No matter how many times you try to create your own facts and spew them here, the TRUTH is that:
Hession, Hession, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hession, Hession, Hession, Hession, Hession, Hession, Hession,
was at the helm of Spokane City.
Hession, Hession, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hesssion, Hession, Hession, Hession, Hession, Hession, Hession, Hession,
was Mayor at the time Otto Zehm was killed, but REFUSED to fire “Acting Police Chief Jim Nicks for his public misrepresentations in the Otto Zehm case”.
The buck stops with Dennis Hession—and noone else! What a disaster he has put Spokane through because of his bad leadership choices when he was mayor. He clearly is not qualified to even be Council President at the helm of the Spokane City Council.
Ron_the_Cop on October 20 at 7:31 p.m.
kandks,
But wait there’s more! Yes Hession was at the Helm but Verner can’t skate either. Chief Kirkpatrick should have fired Nicks and others but instead went with the flow as directed by Asst. City Attorney Roco Treppiedi. Like Verner, Chief Kirkpatrick is an attorney, they can’t claim ignorance saying they didn’t understand what the US Attorney was saying in their proffer of April 2010.
This was an ongoing cover-up which began the night of the Zip Trip incident under Mayor HESSION and has continued right through the term of Mayor VERNER. No ifs, ands and or buts.
NO ONE DID THE RIGHT THING!
brianrbreen on October 20 at 7:39 p.m.
I wonder what members of the Grand Jury might think if they heard Officer Moses testify in the criminal case today.
@kandks
Would you happen to know who was Mayor when Otto Zehm was killed?
brianrbreen on October 20 at 7:43 p.m.
@Ron_the_Cop
You have to give Hession credit for realizing the Zehm case was trouble. So when you are in trouble always hire a consultant, or better yet form a Commission.
PlanB on October 20 at 7:48 p.m.
Tim Moses is certainly one of Spokane’s finest pieces of scum. I’d rather he be allowed to take the fifth so that he could be one of the many that could and should be prosecuted. Allowing him to testify and listening to the sewage that pours out of his face just illustrates how moronic he and the rest of the SPD clowns are.
What the hell is wrong with Verner, Kirkpatrick, and the city council? When did they become totally ambivalent to the importance of public safety, or did they ever have that value? toThese dirtbags need to be fired first and immediately prosecuted. This behavior is obscene.
kandks on October 20 at 7:54 p.m.
Brianbreen,
LOL. Sorry for taking up so much real estate. Just sick of some person’s constant and still continuing lying (must call it what is) on this venue about leadership culpability in this case.
brianrbreen on October 20 at 7:57 p.m.
I kinda liked the move, give a couple of grants, let the jury see what’s going on and show them what the defenses game plan is. Then let the defense call the rest of the cops and hammer them with their grand jury testimony when they try and do what Moses is trying to do.
brianrbreen on October 20 at 8:10 p.m.
You know it’s been my experience those rotten FBI agents are so damn intimidating that many a time I’ve had trouble keeping from soiling my pants, especially that Lisa Jangaard. I mean that woman always acts like she is about ready to kick the crap out of you. I don’t blame Moses, hell one time I thought for sure they were going to start sticking the bamboo shoots up my fingernails, so damn rights I told them everything they wanted to know and then some. Of course none of it was true.
Ron_the_Cop on October 20 at 8:16 p.m.
AH SO most wise and learned Brian;-) I think I’ll go and watch this soap opera drama again tomorrow as more officers take the stand. Sorry I don’t intend to make light of a very tragic incident but sometimes you just have to acknowledge the humor.
brianrbreen on October 20 at 8:18 p.m.
You are right it isn’t one damn bit funny! I’m sorry.
brianrbreen on October 20 at 8:32 p.m.
I can’t help myself, one more that’s it.
I admire your guts Ron, it takes a real man or women to walk into that federal building not knowing if you will ever be able to walk out. I don’t how you and Meghann Cuniff do it.
greenlibertarian on October 20 at 9:12 p.m.
Hession is a spineless weasel, if he had an ounce of guts or leadership skills he would have fashioned a deal for the freak West to resign pronto and we wouldn’t have had to go thru that whole fiasco. Coward. Useless.
Trepedi is a brilliant sociopath who know doubt has dirt on EVERYBODY in the guild and the city, and threatens them unless they go along with his schemes. He should have been cashiered after the gypsy fiasco. His evil tentacles are everywhere. Bad mojo.
misjustice on October 21 at 7:01 a.m.
Don’t mess with Rocco; he knows where the bodies are buried!
The_Seer on October 21 at 9:25 a.m.
Rocky is going to be the subject of my next film. I’m going to style it after Michael Moore’s opus, “Roger and Me.”
mmspowaus on October 21 at 2:23 p.m.
The_Seer:
Call your film Rocky & Me
subtitled I’m going to sue your @#$%^ @#$% if you sue the City of Spokane….
Then lose every case with the city paying out millions of dollars…It writes itself!!!!
No wait… make it a cartoon with a moose as a metaphor for the stupid taxpayers that keep voting in the same lame folks that foolishly drain the public trough through bad policy…
spnelson on October 23 at 3:54 p.m.
I am not originally from this area- so speaking as an “outsider”, I’ll say that if the City of Spokane wants to maintain ANY credibility, then “Clubber Carl” needs to face CONSIDERABLE consequences for this act. He is a THUG, it is irrelevant if he wore a uniform or not. People from outside Spokane have nick named it “Spo-Compton”, and if this guy walks, I can’t say they are wrong. I guess the trial was moved to Yakima because it “would have been hard to seat a jury” in Spokane. Well, SR, why doesn’t this paper tell the truth- as long as Mary Verner and her cronies run this town- Clubber Carl has nothing to fear. The trial was moved because if it were held here in Spokane, Verner and her cronies would have been able to mess with it. In Yakima, a verdict may actually be reached,suprise Carl. Hope you like picking up the soap.