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October 21, 2011 in City
Thompson colleague: Feds manipulated him
Officer disputes previous statements to grand jury
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 to 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 Zehm was hog-tied 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 as 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 portion of 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 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 
Scoutster on October 21 at 6:02 a.m.
It’s good to read these trial articles early in the morning, before showering.
misjustice on October 21 at 6:44 a.m.
“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.”
Kinda like what cops do when they question “suspects”? So now that the shoe is on the other foot. How’s it feel?
johnboy on October 21 at 6:48 a.m.
well, his creditability is ruined for any future cases he may be involved in. He may as well retire.
Truthhurts on October 21 at 7:01 a.m.
Perhaps it was just Treppiedi emphasizing “lunge” as part of his making up a cover story.
But Moses lacks credibility in these accounts.
Ed Byrnes on October 21 at 7:04 a.m.
Poor TIm Moses the victim, NOT, he is just a lying cop.
I agree with MisJ about the how does it feel remark.
Agreed about future testimony, though if I were defense counsel on any case where his testimony was used in securing a conviction I would be appealing on the basis of Moses’ inability to render consistent testimony in a heartbeat.
As I said before the bummer about this is it makes the honest cops look really bad in the eyes of civilians. I am sad for the honest cops though I cannot blame my fellow civilians, if I encounter an SPD officer I will have a question in my mind about whether they are one of the trustworthy ones or not now.
I need a shower now too…
Ed
hersfeld on October 21 at 7:44 a.m.
The crazy thing is that Officer Moses will suffer no consequences for his lying because of the federal immunity and his collective bargaining agreement. Chief Kilpatrick won’t be able to touch the guy, demote his him or take any adverse action against him. His credibility at future trials will be shot.
misjustice on October 21 at 7:54 a.m.
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 then there is truthiness…
johnboy on October 21 at 7:56 a.m.
i may have misunderstoood but, i dont think he got that letter. I think the judge said he had to testify. I didnt see any mention of it yesterday. Oh well, not like hes ever gonna be able to be used as a witness again in ANY case since his creditability will now forever be in question…….dude should just retire.
Sunshinegurl on October 21 at 7:56 a.m.
This is a quote from Ofc. Tim Moses from February of this year:
“My generation was you never talk back to a police officer. You were yes sir, or no sir. You obeyed them when they told you what to do.”
Gee Tim maybe you would get respect if you were respectable and practiced what you preach.
brianrbreen on October 21 at 8:03 a.m.
@johnboy
Moses may not have received a formal immunity letter which I think would come out of DC. But I’m sure he got the promise of a letter approved in DC, which is good enough for any Judge to compel his testimony.
johnboy on October 21 at 8:19 a.m.
brian, —ok my bad, im just a simple public servant. Not really up on that aspect
de3 on October 21 at 8:43 a.m.
Tim’s own testimony is so lacking in credibility it is likely the jury will not believe much of any of the SPD testimony to follow nor will they believe Thompson. The lies run thick in this swamp.
The_Seer on October 21 at 8:56 a.m.
All those years of watching the Judge Judy show have finally paid off. She often points out that some people, when they aren’t telling the truth, turn a different color or get blotchy patches on their neck and chest areas.
When Moses left the stand yesterday he was redder than Hank Williams Jr’s neck.
Just sayin….
Sunshinegurl on October 21 at 9:15 a.m.
@Seer - Thanks for the description that is priceless. Unfortunately I can’t go to any of the trial because of work but I love hearing about the courtroom, the more description the better.
D Statler on October 21 at 9:33 a.m.
Will there be rioting in Spokane if Thompson is aquitted also ? Once again critical information of police corruption and coercing witnesses is being kept from jurrors. How can this critical information from Miss Lockett be withheld? It sets the stage for the complete coverup from the offending officers to the mayors office. She will probably be pulled over and harrassed next. If it hasn’t happened already.
Legal justice is definately different than Moral justice in this country. I hope that all involved in this cover up,including officer Moses and his waffling testimony are brought to moral justice ! VERY DISAPPOINTING :^(
The_Seer on October 21 at 9:34 a.m.
On another note, aren’t there physical fitness standards for police officers that include body fat limits much like the U.S. military? They had to wheel in a different chair for Moses to jam his oversized frame.
ChefGus/ John Olsen on October 21 at 10:02 a.m.
So…. let me get this straight… a Police Officer does not “get” how interviews with “perps” go??? Ever watch Hill Street Blues.. or, or, or…. French Connection?? la dee dah….. It should be more clear to the Mayor now what she has been avoiding dealing with… and the Chief as well…. They apparently have NO Shame… good grief…. Hey “Alice” lets head for the rabbit hole…. john
brianrbreen on October 21 at 10:20 a.m.
John,
What the heck is “Hill Street Blues” and “French Connection”, sounds dirty.
ChefGus/ John Olsen on October 21 at 10:22 a.m.
:)) thought you were a “old guy” Brian…J
Slightlyworried on October 21 at 10:22 a.m.
Is it true that when Moses left the witness stand he turned toward Thompson, placed his right thumb at his right ear while extending his right pinky finger to his lips and mouthed the words “call me”?
The only problem that Moses and Thompson have is that damn videotape. Can you imagine if this had happened where there was no camera? The truth would have died with Otto.
misjustice on October 21 at 10:27 a.m.
“The truth would have died with Otto.”
Just like it died with Mr. Creach?
brianrbreen on October 21 at 10:28 a.m.
I was kidding for crying out loud, who was the swat guy with glasses, I can’t remember. But, I swear it would relate to today.
PlanB on October 21 at 10:42 a.m.
Question: Does Moses’ “immunity” allow him to perjure himself?
kennyhuston on October 21 at 11:35 a.m.
@ slightlyworried -
It was all Otto’s fault is what Jim Nicks said.
Conveniently, there’s no conflicting statements if all the witnesses are dead.
Just like with Rodney King, good thing this event was recorded on video - without that we would just have to accept the cops lies.
The main difference between them is that Rodney King is still alive and Otto Zehm dies!!!!
“Remember Otto” is our motto that we chant -
We’re here to speak for him, because dead men can’t !!!!!
REMEMBER OTTO
brianrbreen on October 21 at 12:31 p.m.
Yes
Ron_the_Cop on October 21 at 2:29 p.m.
Ok court just adjourned for the weekend. Started at 8AM with only a twenty minute recess at noon. I’ve been giving a blow by blow account on KXLY/s Rick Rydell’s facebook page. If you have a FB account just put Rick Rydell into the search box and hit send. I should be the first post that comes up. I will link later when I get a chance to post on my own server.
I will give my analysis later today. I can say that Ofc. Moses even if he was po’d at the feds did himself no favors in front of the jury. You could consider him being an uncooperative witness forcing the US Atty to jump through the hoops on every question.
misjustice on October 21 at 8:40 p.m.
Who was “… the swat guy with glasses…” ???
Lesser than or greater than?
Open_Spokane on October 22 at 3:56 a.m.
I’m having trouble getting to sleep over this manipulation excuse. We are supposed to believe that our boys in blue are easily manipulated and will roll over like a cheap whore when they feel intimidated?
I’d take another shower but my hot water tank can’t keep up with this story.
brianrbreen on October 22 at 8:38 a.m.
@ChefGus
SWAT Commander Hill Street Blues “Lt. Howard Hunter” he loved all them fancy SWAT gadgets.
Lewis on October 22 at 8:55 a.m.
moses wants karl to call him maybe karl is in to fatties.
moses needs taken out, time to retire fatty liar.
PlanB on October 22 at 2:57 p.m.
OK I am totally baffled by the logic of this immunity thing.
I would think that the entire point would be to get honest, truthful, and complete testimony even if the witness committed criminal offenses related to the charges against Thompson.
But Moses’ testimony (for lack of a better term) was just piles on layers of lies over self contradicting and unbelievable lies. If his testimony isn’t truthful, why would he be protected and why would anyone offer such protection?
And why is he still employed by the city of Spokane?
brianrbreen on October 22 at 3:38 p.m.
@PlanB
If he had simply been allowed to take the 5th the government wouldn’t have been able to demonstrate to the jury how some of the cops might rally around Thompson and change their grand jury testimony. He was a good choice because it had to of been obvious to the jury he wasn’t telling the truth on the stand. So any cops the defense might call who have changed their story are going to get hammered with their grand jury testimony, and look just like Moses. Depending on their testimony they would be open for criminal charges. The defense probably won’t call many cops, if any, because they might well take the fifth or have already told the defense they will take the fifth, and how would it look for the defense if they put a cop on in front of the jury and the cop refused to testify. It will be interesting to see.
I personally would have liked to have all of them take the stand, but I understand the strategy.
PlanB on October 22 at 4:44 p.m.
Brian, thanks as usual for your comments. I suspected what you describe was the case, but it just seems weak to me and potentially could backfire. If he did take the fifth, wouldn’t that leave the jury only with his testimony before the grand jury?
I am definitely not well versed in legal proceedings and courtroom strategy.
brianrbreen on October 23 at 6:52 a.m.
@PlanB
Had he taken the 5th his GJ statements wouldn’t have come in. That was the problem. Can’t impeach him if he refuses to answer. So he had to be compeled