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October 20, 2011 in City
Thompson trial: Officer disputes own grand jury testimony
YAKIMA – After obtaining an immunity letter from the U.S. Department of Justice, Spokane police Officer Tim Moses testified he could not remember or disputed any incriminating things he previously said under oath against his friend, Officer Karl F. Thompson Jr.
Moses will continue his testimony today in the trial of Thompson, who faces felony charges of using unreasonable force and lying to investigators about the fatal 2006 confrontation with Otto Zehm.
Moses had indicated to prosecutors he intended to invoke his Fifth Amendment right against self-incrimination. The immunity letter secured his testimony.
Before a federal grand jury in 2009, Moses testified Thompson told him on March 18, 2006, that he struck Zehm in the head, and that Moses then passed that information on to ambulance crews.
Those same medics testified Wednesday and Thursday that Moses was the source of their information indicating Zehm suffered baton strikes in the head, neck and upper torso.
But on Thursday, Moses claimed that federal prosecutors intimidated him into giving those incriminating answers against Thompson in 2009.
“I was completely rattled by the way they treated me in there,” Moses said of his interview and grand jury testimony in 2009. “I was told that if I didn’t agree with what was going on that I would be charged with obstruction of justice.”
The exchange between Moses and Victor Boutros, a Justice Department trial attorney, got so heated that the stenographer and U.S. District Court Judge Fred Van Sickle told both men to slow down.
“You claim now that you were intimidated into saying something that wasn’t true?” Boutros asked.
Moses answered: “Absolutely.”
“I’ve been a cop all my life,” he continued. “I’m thinking these guys are telling me the truth. I learn later … it was manipulation.”
Moses said federal investigators kept him in the office for a “six-hour ordeal” and that he didn’t feel free to leave because he was under subpoena.
“During your six-hour ordeal you took a two-hour lunch break. You took it on your own, correct?” Boutros asked. Moses said yes.
Boutros pointed out that Moses didn’t try to change his story until 10 months after his grand jury testimony and just days after meeting with defense attorney Carl Oreskovich.
“You testified in great detail. You actually had no problem telling the grand jury answers of information you didn’t recall?” Boutros asked.
“I answered all your leading questions with one-word answers,” he said.
Boutros asked Moses Thursday to describe the exact words Thompson used to describe his encounter with Zehm.
“Something like, ‘He came at me and took a defensive position.’ I don’t remember the exact verbiage. I don’t remember him saying the word ‘lunge’ to me. I’m the one who coined that word,” he said. “I had a brief conversation with Acting Chief (Jim) Nicks. I used the word lunged … he went right across the street and said that in a media interview.”
But in the grand jury testimony, Moses was asked if he could remember the “exact words” Thompson used describe Zehm’s actions. “Lunged is the one I remember,” according to the transcript Boutros read.
Thompson was the first officer to respond to a false report that Zehm had stolen money from an ATM. Thompson shocked Zehm with a Taser and hit him with his baton. Other officers joined in as Zhem was hogtied and placed on his stomach with a mask over his face. He stopped breathing and died two days later.
Assistant U.S. Attorney Aine Ahmed said the government’s case could be completed as early today and said he will call Officers Erin Raleigh and Sandy McIntyre, who faces a possible federal obstruction of justice charge.
Unlike Moses, “there is no cooperation agreement of any kind between McIntyre and the government,” Boutros said.
In opening statements, Boutros said McIntyre reviewed the videotape from the Zip Trip, at 1712 N. Division St., and had a brief conversation with Thompson. After that conversation, Boutros said, Thompson never again claimed that Zehm lunged at him even though police brass used that term for months afterward.
Earlier Thursday, prosecutors called Zeth Mayfield, who testified that he had seen Zehm in various Zip Trips around Spokane more than 50 times before his fatal encounter with Spokane police.
Jurors took notes as Mayfield explained that Zehm always bought Pepsi products in 2-liter bottles, which Thompson later claimed was the justification for using his baton.
Defense attorney Steven Lamberson tried unsuccessfully to bar the testimony of Kristina Lockett, who said she saw Thompson strike Zehm in the head with the baton.
Ahmed, the prosecutor, said that Spokane police learned in 2006 that she was a witness after she gave a television interview because she was upset that the official police version said Zehm lunged at Thompson.
“The officers … told her that her version was incorrect and that they tried to indicate to her that Mr. Zehm had in fact lunged at the officer and that she didn’t know what she was talking about,” Ahmed said outside the presence of the jury. “She asked them to leave and asked them for their badge numbers.”
Lamberson requested that the testimony be excluded because it did not directly relate to the charges against Thompson. Ahmed agreed and it was not shared with the jury.
Also Thursday, a doctor who testified in the 1992 Los Angeles police beating trial of Rodney King said that medical evidence clearly shows 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 Thompson hit 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.
“The cause of this is a relatively blunt form of impact,” Smith said. “The object that was used to strike Mr. Zehm was a baton.”
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 his struggle with police 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 King case, a controversial excessive-force case from 1992 that sparked widespread riots across parts of Los Angeles when the officers were acquitted of criminal charges.
The only other witness Thursday 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 Moses telling another medic, 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.”
1992 murder trial begins against sex offender 
Slightlyworried on October 20 at 8:51 p.m.
“I was told that if I didn’t agree with what was going on that I would be charged with obstruction of justice.”
I wonder how many times Officer Moses threatened to arrest somebody unless they cooperated with him. No so much fun when the shoe is on the other foot, huh?
I don’t know how much prison time is involved in perjury, but I would guess that Officer Moses is going to find out. Maybe him and Thompson can have ajoining cells.
brianrbreen on October 20 at 8:53 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.
brianrbreen on October 20 at 8:58 p.m.
@Slightlyworried
Moses was given an immunity grant, so he won’t be charged with anything regarding his testimony. Any discipline in that regard if warranted will be the responsibility of his department.
PlanB on October 20 at 9:18 p.m.
What was the point of Moses’ testimony? To show that the SPD employ’s narcissistic, delusional sociopaths?
It’s difficult to recognize the sewage flowing from the hole in Moses’ face as speech, let alone believable testimony.
Ed Byrnes on October 20 at 9:20 p.m.
Moses indeed can lie and the probably false testimony given today cannot be used to prosecute him because he has immunity from any prosecution based on today’s testimony. The other two officers don’t have that immunity so their little blue wall will hopefully crack somewhere tomorrow.
Even if all three of these cops lie the direct physical and video evidence is sufficiently strong to support the prosecution casting doubt in the jurors’ minds about the credibility of the cops’ testimony in closing arguments.
The bummer about today’s testimony and antics is that it makes the SPD look even less trustworthy in most civilians eyes, which makes everything harder for the honest officers who are out there every day.
Ed
Slightlyworried on October 20 at 9:26 p.m.
@BrianBreen:
Forgot about the immunity grant. So he’s free and clear because you know there is nothing the Department is going to do other than give him a medal for lying for Thompson.
I hope the jury is getting it’s fill of lies from Thompson and Moses.
BTW, please tell me you were kidding about being nervous around the Feds. Isn’t the old slogan you cops feed people, “If you have nothing to hide you shouldn’t be nervous”?
Slightlyworried on October 20 at 9:37 p.m.
@BrianBreen:
So, you know Moses. Would he really have been scared of the Feds when he was interviewed? Would he really have lied to the Grant Jury to “protect” himself from the Feds?
Also, why grant Moses immunity? Why not call him to the stand and let him take the Fifth? Didn’t they already get it into the record, through other witnesses and/or the video tape, that Moses: (1) spoke with Thompson immediately at the scene; (2) told the paramedics that Zehm had been struck in the head; and (3) Thompson claimed that Zehm “lunged” at him?
brianrbreen on October 20 at 9:38 p.m.
@Slightlyworried
My attempt at to demonstrate how farcical Moses testimony has been thus far.
PlanB on October 20 at 9:47 p.m.
I don’t understand the shenanigans of a courtroom, so for now I am just going to believe that the feds have some sort of strategy behind the decision to give Moses immunity.
Ron_the_Cop on October 20 at 9:51 p.m.
There’s another article by Clouse that seems to have been lost in the shuffle on the S-R’s home page. I only know about it from a Google alert I have on Zehm:
http://www.spokesman.com/stories/2011/oct/20/medical-expert-says-zehm-was-beaten-over-head/
@Slightly worried
Brian actually gave a good explanation of why the feds offered Moses a grant of immunity. See his answer here:
http://www.spokesman.com/stories/2011/oct/20/officers-encounters-described/?comments#c360300
Ron_the_Cop on October 20 at 9:52 p.m.
@Plan B,
Re immunity see my link above.
Slightlyworried on October 20 at 9:55 p.m.
@BrianBreen
Got it. That’s what I thought but I wanted to confirm it.
I hope the jury saw through little, helpess and frail Officer Moses being bullied into lying to the Grand Jury by that big, bad, overbearing Lisa Jangaard.
brianrbreen on October 20 at 9:59 p.m.
@Slightlyworried
I’m just guessing the governments plan is to call a few cops let the jury see that the defense plan (which was pretty well laid out by Rocco when he took affidavits from cops after they testified before the grand jury where they said they were treated so poorly by the feds.) is to rally around Thompson and testify that the only reason they lied to the GJ was because the feds intimidated them. So let a few of them play the game Moses is in front of the jury during the prosecution’s case, then the jury can see it is a bunch of crap. Let the defense call all the other cops and beat the hell out of them with their grand jury testimony. Then the “secret lie” referred to in opening becomes real obvious to the jury. This is just my opinion of course. You might note they have all the cops on the hostile witness list and are only calling 3 in their case in chief. Sounds like a good plan to me.
brianrbreen on October 20 at 10:10 p.m.
@Slightlyworried
I don’t know if Jangaard did the interview with Moses, but she could kick the heck out of any of the male agents in that office, except for maybe Harrill, because he knows that special Asian judo stuff, I think they call it verbal or something like that I’m not sure of the spelling but he mentioned it once to me and said that he preferred to use it rather then fist fighting.
brianrbreen on October 20 at 10:12 p.m.
I’m sorry but this is so embarrassing for me I have to find some humor in it somewhere.
brianrbreen on October 20 at 10:22 p.m.
@Slightlyworried
You might remember awhile back I said I would hate to be the one trying to figure out who to give a grant to. Looks to me like the feds sure picked the right one in Moses.
Kivaari on October 20 at 10:50 p.m.
This all should have been done within a year of the death. This is an examp[le of sloppy work at the PD-SO-Prosecutors office and should have been solved without the intervention of the feds. By now the civil case should have been resolved, and the city handing over quite a sum of money. SPD has an ability to prolong the agony of the officers screw ups. Cetainly most events on the street are handled properly. The poor investigation and desire to believe the officer by sloppy detectives has led to senior officers getting chewed up while they give good faith accounts as told by the junior staff. I am sure Nicks is more frustrated with the performance of his juniors then can be imagined. He puts his face and words out in front of the media cameras, while his detectives and patrol officers are feeding him sewage. One thing that would help, is slow down the media releases. The press and public want answers “right now” and they should be held off for several days at a minimum. The officers need to remember that telling the truth is always better then lying. Screw ups should only take down the guilty. A moral lapse sucking in others is morally wrong. Cowboy up, and take the heat. It take more courage and honesty then these men have.
Slightlyworried on October 20 at 11:16 p.m.
I just scared myself pretty bad. Without thinking I placed my groceries on the passenger seat next to me on the way home. Sticking out the grocery bag was a two liter bottle of Pepsi. Can you imagine if I had pulled over for speeding or a broken tail-light? The officer could have seen the deadly weapon within arms length and began clubbing me. Next time, the groceries go in the trunk. Whew!
Truthhurts on October 20 at 11:21 p.m.
Maybe an expert can help me out, here, but I do not think an “immunity letter” makes you immune from perjury or any other crime you commit after receiving the immunity letter. I would think Moses would only be immune vis-a-vis the old Zehm cover-up.
An “immunity letter” is not a license to commit new crimes.
PlanB on October 20 at 11:26 p.m.
Ron, thanks for the link, and off topic, thank you in general for being so involved.
Cougzz on October 21 at 2:36 a.m.
I know nothing of Grand Jury procedures, etc. but I have a job where I am called to assist in certain types of police and fire calls. I have seen how proficiently Tim Moses interacts with the public. I would trust him with my life any day of the week. I told my wife that he is a great cop.
misjustice on October 21 at 6:41 a.m.
If you always tell the truth you don’t have to have a good memory!
Ed Byrnes on October 21 at 6:54 a.m.
Well apparently there is now evidence that Tim Moses is not so very honest and trustworthy.
Ed
misjustice on October 21 at 7:23 a.m.
Cougzz, I’d trust him with your life too but not my life.
So we are to believe that Moses was untruthful ONLY to the Feds during the grand jury inquest?
He was totally truthful on the teevee when describing what happened in the Zip Trip, during the internal investigation, and NOW in the criminal trial?
Well, I guess there is truth and truthiness…
brianrbreen on October 21 at 7:54 a.m.
@Truthhurts
I’m no expert, but I believe the immunity would be limited to his criminal trial testimony as he was compelled to testify after asserting his 5th Amendment rights. Subsequently any statements he might make on the stand cannot be used against him in a Federal, State, or Local criminal case. That is why it is such a hard call on who to and who not to grant immunity. The same thing is true in a Grand Jury proceeding where care has to be taken as to who is granted immunity. In essence if Moses during the course of his testimony were to admit he had committed a crime unrelated to the Zehm case, those statements could not be used against him in the unrelated criminal matter. This is one of the reasons I personally think the governments strategy is a good one by only calling a few cops and limiting any immunity grants. Yesterdays testimony, I would think would have given the jury a pretty good idea of what the “Secret Lie” is. If Moses gets beaten up more today on the stand it should paint a pretty good picture for the jury. Then if the other cops the government calls take the stand and invoke their 5th rights the picture is pretty well painted. If they don’t invoke there is likely plenty to show the jury there is a “Secret Lie”. That leaves the defense in a position where they have to decide which of the cops on their witness list they call, because there is a chance some of those cops might take five. The defense would know ahead of time which ones would take the 5th so they won’t be called. That is why it will be interesting for me to see which cops the defense calls, if any.
The_Seer on October 21 at 8:04 a.m.
My Peep!
I love the Judge Judy quote about telling the truth! I think another one that she uses often is also perfect for this case:
Some people, when they are lying, get red in the face or blotchy in the neck and chest areas. Moses’ face and neck were beet red (according to several media accounts) and my source at the trial stated it was completely obvious he was lying and acting like a beligerant child caught in the web of their deception.
It’s nice to see the names of the eyewitnesses FINALLY being released. I’ve been trying to get that list of names since day one. Now comes the hard part: Locating them and getting them to talk on camera!
Ron: I’ll e-mail you later today about a meeting. I might have some work (paid, of course) for you in regards to this case.