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October 25, 2011 in News, City
Another defense expert disputes Zehm head strikes
YAKIMA — A second defense expert has testified that head injuries suffered by Otto Zehm didn’t come from a police baton.
The Tuesday morning testimony by Dr. Dan Davis, a forensic pathologist, marked yet another day of wildly contradictory conclusions by court-recognized experts that jurors in the excessive force trial of Spokane police Officer Karl F. Thompson Jr. must sort out.
Davis showed photos of other baton strikes, including one photo of a woman who suffered a split scalp after being hit by a long object like a baton.
“Through a reasonable degree of medical certainty, there is no evidence that Mr. Zehm was struck in the head by a baton,” Davis said. Bleeding under the scalp probably represents “blunt impact injuries on the head without any evidence of an instrument depression. These are characteristic of someone who bangs their head on the floor or something firm.”
Davis also gave an alternative theory for how Zehm suffered those injuries during his struggle with Thompson on March 18, 2006.
“These could also be traction injuries, such as grabbing a handful of hair and pulling very hard. That would not result in any bruising of the scalp.”
Prosecutors previously called Spokane Medical Examiner Dr. Sally Aiken and Dr. Harry Smith — who found almost the exact head wounds as Zehm when he testified in the case of Rodney King — both testified they believed Zehm’s head wounds came from baton strikes, which were described by several witnesses.
“I agree with her observations,” Davis said of Aiken’s work, “but I do disagree with her determination of the mechanism that caused that injury.”
Zehm, who was mistakenly identified as a suspect in a possible theft, died two days after the violent police confrontation without ever regaining consciousness. Several people in the store at the time said Thompson repeatedly bashed the retreating Zehm in the head with a baton. Thompson disputes hitting him in the head but acknowledges a violent struggle to detain Zehm.
Also testifying this morning was Pat Conley, an owner of the White Elephant store on North Division.
That store sits about 100 feet away from the Zip Trip where Thompson confronted Zehm. Conley said he and his brother were just locking up the store on March 18, 2006, when he noticed a police car parked at an odd angle at the convenience store.
Conley said he walked over to investigate and saw Thompson struggling with Zehm.
“The officer had ahold of the person’s back or hair and was shuffling and swinging him back and forth,” Conley said. Zehm “was swinging his arms over his back. His feet were floundering like he was trying to get up.”
Lamberson asked if Zehm was using closed fists. Conley said yes.
Other officers arrived but Zehm continued to struggle, Conley said.
“I was hearing officers say ‘calm down.’ (Zehm) was spitting and growling,” Conley said.
Assistant U.S. Attorney Aine Ahmed asked if Conley said that Zehm was spitting and pointed out that no officers ever reported Zehm spitting. “I don’t know why,” Conley responded.
Ahmed then asked Conley about how he watched a TV interview with one of the witnesses who said Thompson struck Zehm in the head with a baton.
“You didn’t agree with her assessment?” Ahmed said. Conley replied: “I didn’t agree.”
“You told the police that day that you believe the young woman and man looked a little shady. You referred to them as possible drug dealers,” Ahmed said.
Conley responded: “I described them as gang-banger types.”
Afternoon testimony is expected to feature Officer Steve Braun Jr. who was the first officer to respond but second officer to arrive at the Zip Trip where Zehm was shopping for soda and snacks.
He could be the first of many Spokane police witnesses today.
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Welcome_Black_Carter on October 25 at 2:24 p.m.
Yeah, right. His credibility is gone. Bought and paid for DB for the defense.
Truthhurts on October 25 at 2:42 p.m.
Ahhh, Conley.
I remember when his Dad used to tell me that the “Yellow Front” store up on Francis (his first real low-price competition) was a “front” for mafia-hijacked trucks.
Interesting that he is so over the top on this.
Upthewazzu on October 25 at 2:43 p.m.
I wonder if the jurors are laughing at all these “experts” brought by the defense.
jddavis on October 25 at 2:52 p.m.
The jury should be able to see through this. People in the store witnessed Otto being struck in the head by a baton.
misjustice on October 25 at 3:21 p.m.
All the defense has to do is raise “reasonable” doubt in the mind of just one or two jurors, and Karl the Klubber walks; and they seem to be doing a damn good job of trying to convince the jury that reasonable doubt exists, that Otto’s injuries could have been caused by something other than Thompson clubbing him repeatedly over the head with his non-standard, non-SPDissued, baton.
sean96 on October 25 at 3:25 p.m.
Time to boycott the White Elephant. How can anyone see the videos and not believe that a couple of those blows that were delivered to a man that was flipping and flopping did not land on his head.
Mr Conley you lost a loyal customer.
horse_feathers on October 25 at 4:01 p.m.
” All I wanted was a Snickers”
This one, last, linch-pin dying declaration statement by Otto says it all for me. It is obvious by this statement that this poor guy did not do anything wrong, at the ATM or in the Zip Trip.
I cannot say the same for Karl Clubber Lang Thompson, all his lies and the lies of his fellow officers are indicative of his guilt as well as thiers.
Albert on October 25 at 4:18 p.m.
After 20+ years of buying “stuff” from White Elephant, my days of going into that store are toast. No more of my biz.
SpokaneIsFun on October 25 at 4:36 p.m.
1. I hope the “expert” witnesses are questioned as to what materials they use to render their opinion. Ex. Police reports, autopsy reports, photos, videos, and any physical evidence. I find it strange a medical expert cannot testify as to what caused the blunt trauma. Blunt instrument or a fall?
2. I question why the baton used was not issued by Spokane Police. What is def’s reason why he would not use the department’s standard issue?
3. At issue is the def’s statement he never struck Zehm in the head with his baton. This would have been easily clarified during the initial police questioning if the interviewer would have asked, “During your confrontation with Zehm, is it possible his head came in contact with your baton by accident?” This is why many police agencies will not investigate their own. In this case the Sheriff’s Department should have conducted the investigation.
Shadedmuse on October 25 at 4:55 p.m.
Maybe the brain damage was caused from being dropped on the head when he was little, that is how most brain damage is done, that and smoking and drinking while pregnant.
All I want was a snickers, I got your snickers right here boy.
their is only one Right and Just verdict in this cae NOT GUIKTY NOT GUILTY NOT GUILTY. and then Constable thompson should quicly file a lawsuit against the right wing tea-bagger prosecuters for Malious prosecution to recoup the cost he had to endure, and make THEM PAY Billions for their actions!!!!!
Karl contact me I will be your Barrister.
soccermomsusie on October 25 at 4:57 p.m.
I wish Mr. Conley would have known about the potential boycott of all of us here. Had he known, instead of telling the truth of what he saw, like he did today, he might have bolstered the way we feel with a made-up story. Telling the truth instead of making us feel good is down right rude.
The Spokesman-Review has given us a very simple story with good guys and bad guys and no shades of confusing (albeit interesting) complexity, so we all know where we stand. I only wish the jury could just read the Good Paper and not have to listen to people who were there and all the egghead experts. YUCK! Luckily none of these jurors will be voting in Spokane’s election!
And Albert, The White Elephant stopped carrying armor-piercing garden hoes and vodka-infused salmon eggs a while back, so I don’t go there any more either.
HEAR OUR VOICE!!!
brianrbreen on October 25 at 5:21 p.m.
I think it is important to understand that Nania’s son plead guilty quite some time ago and is now in federal prison. I was somewhat surprised by the extent of his testimony but like I said there is a very distinct difference between the observations of ER staff and what is later found during a forensic autopsy.
The expert I have enjoyed so far was Michael Schott. He has the uncanny ability to see all kinds of things others don’t. He was a defense expert in the case where the BART cop shot a guy in the back and killed him. The BART cop claimed he was going for his tazer but drew his gun by mistake and fired. Schott saw all kinds of things when he did his thing, and made over $65,000.00 in that case. The $250.00 per hour CO mentioned is probably his hourly rate for doing his video thing. I would suspect his testimony rate is around $2,500.00 to $3,000.00 for four hours. What I liked in the BART Cop case was when Schott broke down the video and was able to tell by the cops hand movements he really was going for the tazer.
Heck the experts game is just that, I can find you one for anything you want said in court. Most of the time the jury can read through the BS.
People should read Dr. Dan Davis’s declaration for the defense. He could be a prosecution witness if anyone ever looks into the manslaughter aspect of the death.
http://media.spokesman.com/documents/2011/08/pdf.pdf
The_Seer on October 25 at 5:45 p.m.
brian: Thanks for the link to those documents and thank you to the SR staff for publishing them.
Why would either of those professionals be considered “experts” when so many of their statements do not conform to the facts of this case? Otto wasn’t running when he entered the Zip Trip. Thompson was. There is no way the conversation depicted in the second document could have occurred in the time frame between Thompson’s first contact with Zehm and the first baton strike. Otto was on foot the entire time so the idea that a “suspect’s vehicle” was even in play is blatantly false. I’m confused as to why the defense would even present them into record with such glaring and obvious mistakes. What do you think?
Open_Spokane on October 25 at 5:48 p.m.
I wonder if the fed’s asked Dr. Nania about his role as Spokane County Medical Program Director. His title implies he works for the county. His address and phone ties him to the City of Spokane. (City of Spokane Phone number 625-6290).
Directly or indirectly he is a employee/servant/contractor for the City of Spokane. Since he didn’t personally evaluate Mr. Zehm, I wonder if his testimony was tainted by his other employer.
I would submit that there is a big difference between an independent professional and a City of Spokane employee.
Do you suppose Mayor Verner will hold a press conference about these and other ommissions? I can’t wait to see her FAQ sheet.
hunternomore on October 25 at 6:09 p.m.
Funny how following certain bloggers gives you a REALLY LARGE idea of who they are. As for “soccermom” thanks for the rundown on what The White Elephant doesn’t sell anymore. Frankly, I’ve never bothered to go there anyway, which is just as well. But thanks for letting all of us know who you really are.
misjustice on October 25 at 6:16 p.m.
Strange. According to the majority of the bloggers here, the people that are testifying for the prosecution are ALL telling the truth. The people that are testifying for the defense are ALL liars.
The “professionals” hired by the prosecutor are just that “professional”, while the “professionals” hired by the defense are all making up stories & lies.
What a crock!
Open_Spokane on October 25 at 6:17 p.m.
A Krem 2 reporter just stated that Dr. Dan Davis said “Otto Zehm didn’t die from batton blows to the head”. No kidding, he died from being suffocated by a non-rebreather mask being attached to his face so he was deprived of oxygen.
This trial is about Officer Thompson’s actions, not about the direct cause of his homicide. I’m starting to wonder if Officer Thompson is being played as a patsy for the suffocation misdeed.
misjustice on October 25 at 6:27 p.m.
Gee Open……..do you think??
Shadedmuse on October 25 at 6:30 p.m.
Not Guilty!!!!!!!!
valleyman on October 25 at 6:38 p.m.
I’m sure it would shock many of you who know so much about SPD, but there is no “standard issue” baton. Sorry to burst your bubble…
And as for eyewitness testimony, how often have we seen that be discredited? I’m not saying Thompson is innocent, but for you all to be harping on one witness who saw one thing and praising another witness who saw something else is absurd. You can’t have it both ways.
Finally, to boycott a business owner because he has been subpoenaed to testify to what he saw, for no pay, and he is telling the truth to what he saw, is quite unjust and unfair. It’s not his fault he saw something different that what another witness saw. Do you think he’s secretly carrying water for the police? Now, that’s laughable… Unless, we want to get into the backgrounds of those who are saying they saw Thompson club Zehm in the head to see if they are anti-police… Would that be any more right or fair?
The_Seer on October 25 at 6:38 p.m.
justmeagain, errrrrr, gramma: Who has more incentive to lie, prosecution witnesses or defense witnesses> Once you’ve answered that question honestly you should easily discern why readers chose to believe the prosecution’s witnesses and not the defense’s.
What would a witness that testifies in favor of the prosecution’s version of events gain by committing perjury? Help me out with that one, please?
Shadedmuse on October 25 at 6:47 p.m.
I gave my Great Grandfather Night stick from when he use to work for Siuoux Falls PD and I also made one in Woodshop when I had to play a British Constable. So if anyone tries to break into my compound will see the Business end of it.
Lewis on October 25 at 6:52 p.m.
valleyman er ozzie police lying about murdering a man is unfair to, white elephant you wont see an more of my money and i will tell everyone i know to stop going to white elephant.
Lewis on October 25 at 6:53 p.m.
shadedmuse i bet my .38 can take out your stick any day.
Shadedmuse on October 25 at 6:59 p.m.
then come and break in to my compound in the mountains.
brianrbreen on October 25 at 6:59 p.m.
@Open_Spokane
You might want to read Dr Davis’s declaration above. He attributes the death to the officers being on top of Zehm for a considerable period of time and in his opinion Otto’s immediate cause of death was anoxic encephalopathy and the proximate cause of death was compression asphyxia.
mrd on October 25 at 7:03 p.m.
However the verdict turns out, the SPD will forever be tainted and not trusted by many many people. Only based on what I have learned from the media, i’m leaning toward GUILTY, it will be interesting to see what the jury decides.
PlanB on October 25 at 7:09 p.m.
What exactly did Conley think he was going to investigate?
Has anyone brought up how people react to getting tasered multiple times?
misjustice on October 25 at 7:09 p.m.
Unwarranted use of force and “obstruction of justice” (fancy schmancy way of saying he LIED)….those are the crimes that Karl the Klubber are charged with, not homicide.
So how much weight should be given to Davis’s declaration when Karl the Klubber isn’t charged with killing Otto?
brianrbreen on October 25 at 7:16 p.m.
@Valleyman
I believe there is a standard issue baton for the SPD (PR24). I believe Thompson applied for and received a waiver so he could carry his baton. It is also interesting the reason he requested the waiver is because the PR24s break a lot easier in a fight then the wooden straight type he carried. If he gets on the stand he might have to explain that.
Thompson also said he was carrying a concealed backup weapon besides his Glock. I’m not sure what the policy is on that, or if it’s even allowed. That’s one of those things that were never looked into. Should have been checked for a throw-down just to be safe.
Ferguson turned the tape off for what she said was about 20 seconds when she was asking about his baton. The when she turned it back on the direction of the questioning seemed to change. Wonder what was said off the tape.
brianrbreen on October 25 at 7:23 p.m.
@Misjustice
That wasn’t my point. Cause of death has nothing to do with this trial. However, if at some point the case is pursued further, by other then a “Commission” then the issue of cause of death may become important. For example some very large officers sitting on him while he was restrained in the prone position for an extended period (a violation of policy)and he subsequently died as a result of that as Dr Davis says then stuff could hit the fan for those officers.
brianrbreen on October 25 at 7:25 p.m.
@PlanB
I wonder if they are going to show the video of Jeff Humphries from KXLY getting tazed. :)
Truthhurts on October 25 at 7:35 p.m.
Point 1) Conley could not have doddered over there within the relevant time frame to see the clubbing begin.
Point 2) From Ferguson, to Tucker, to Rocky’s witness tampering, to the other police to be named, to Verner’s cowardice, a total house-cleaning is needed.
Point 3) The only “slightly dirty” better be changing sides to “get clean” before the washing comes.
brianrbreen on October 25 at 7:39 p.m.
There are a bunch of videos of cops getting tazed in training sessions, people ought to look at some of those to see how they react.
misjustice on October 25 at 7:47 p.m.
Re: Baton used by Karl the Klubber from the Federal Proffer
“27. Officer Thompson’s baton is not the City PD’s standard issue metal,
side handle baton. It is a straight baton with a grip at the bottom and is reportedly
made from Ironwood (one of the hardest woods known in North America). It is
longer than the City PD’s standard metal baton and is slightly lighter. Thompson
apparently has owned this baton for a long time and has used a straight baton since
he began with LAPD Metro in 1969. He sought special permission from the SPD to
carry it instead of the standard issue metal baton. One of the reasons Officer
Thompson cited for wanting to carry the straight wooden baton was that, unlike the
standard metal batons, the Ironwood baton would not break during a use force
engagement.”
Not the SPD “standard issue baton”; I understand that Ozman says there is no such thing as a standard issue baton for the SPD…not sure why a Federal Proffer would reference that then? But I’m sure that the Sheriff is right and the Feds are wrong…
greenlibertarian on October 25 at 7:49 p.m.
Heck the experts game is just that, I can find you one for anything you want said in court. Most of the time the jury can read through the BS.
-Brian b.
Yep, and Don Henley wrote a masterful song about it.
“Today I made and appearance downtown
I am an expert witness, because I say I am
And I said, ‘Gentleman….and I use that word loosely…
I will testify for you
I’m a gun for hire, I’m a saint, I’m a liar
Because there are no facts, no truth, just data to be manipulated
I can get you any result you like….what’s it worth to ya?
Because there is no wrong, there is no right
And I sleep very well at night
No shame, no solution
No remorse, no retribution
Just people selling t-shirts
just opportunity to participate in this pathetic little circus
And winning, winning, winning!’
It was a pretty big year for predators
The marketplace was on a roll
And the land of opportunity
Spawned a whole new breed of men without souls
This year, notoriety got all confused with fame
And the devil is downhearted
Because there’s nothing left for him to claim
He said, It’s just like home
It’s so low-down, I can’t stand it
I guess my work around here has all been done
And the fruit is rotten
The serpent’s eyes shine
As he wraps around the vine
In the Garden of Allah”
http://www.artistdirect.com/video/garden-of-aalah/31851
(WARNING: Not responsible for what may popup on that site, I use an adblocker. For some reason this brilliant video is hard to find.)
greenlibertarian on October 25 at 7:56 p.m.
valleyman on October 25 at 6:38 p.m.
I’m sure it would shock many of you who know so much about SPD, but there is no “standard issue” baton. Sorry to burst your bubble…
Why would you just outright LIE like that? Seriously?
–––––––––––––––––––-
Thanks, MisJ. I knew I had read about the “special” baton Thompson was granted specific permission to carry. There was also speculation at the time as to “short man syndrome”, as I recall.
Sunshinegurl on October 25 at 8:04 p.m.
Does none know where Conley was standing when he heard officers say “calm down”? Did any other witness, including officers, ever say that before? Will Conleys brother be testifying as well?
Shadedmuse on October 25 at 8:35 p.m.
yheir is cnn video of rick sanchez getting tazed
PlanB on October 25 at 8:55 p.m.
@brian and others,
Any kicking and thrashing by Otto, all of which is only seen by witnesses well after the beating (and by beating I mean premeditated murder) began, is the expected physical response to being subjected to multiple taserings.
So I can’t really begrudge these people for their testimony, but it is completely irrelevant.
I doesn’t appear that any of these cops have a clue about what a taser does to a person physically. So much for training and experience.
misjustice on October 25 at 8:56 p.m.
“Why would you just outright LIE like that?”
(Some) Cops, like Ozman, just can’t help it; it’s like a DNA thing or something like that. I think.
GaryP on October 25 at 8:58 p.m.
I know as much as the rest of you do about this case….Nothing! I wasn’t there and doubt any of you were either. Everyone is basing their opinion off of video and what they read in the paper. I don’t know whether he’s innocent or guilty. The jury are the only people who are getting everything. I will accept their verdict because they will have the most information. As far as expert witnesses, both sides are being paid. Expert witnesses for the prosecution have testified for defense in the past. Defense witnesses have testified for the prosecution in the past. They get paid a lot by the hour no matter which side they testify for.
misjustice on October 25 at 8:59 p.m.
Plan B, they know. I’m fairly certain that they have to be tased as part of their “training”. But they, and others, are trying to plant that “reasonable doubt” thingy in the minds of the jurors.
misjustice on October 25 at 9:01 p.m.
Green, “short man syndrome”?
I was always told it was “small man syndrome”…
; )
greenlibertarian on October 25 at 9:35 p.m.
“The jury are the only people who are getting everything”.
Haven’t a clue about how a jury trial works and what evidence is ALLOWED to be put in front of the jury or NOT.
Chime in again when you’ve done a modicum of homework.
Ron_the_Cop on October 25 at 9:37 p.m.
Brian,
Agreed.
This is not about the cause of death of Zehm. It’s all about whether the degree of force used violated Zehm civil rights. Also this requires intent. It really doesn’t matter about the head strikes other than this goes to the intent element as these head strikes are out of policy and goes to the intent factor. This is what the jury must decide.
The key evidence so far is Zehm was just walking in and Thompson ran in and immediately goes to his baton. Dr. Gill’s analysis of the frames shows no time for verbal commands. Also confirmed by train enginer witness that the defense let in by mistake.
Finally Zehm died from positional asphyxia compounded by the compression of the officers on top him and the application of the unsanctioned use of the 02 mask without 02. It’s the whole process. The defense can’t dispute the facts and is blowing smoke to confuse the jury. As I said the video is what the video is. In my opinion Ofc. Thompson lost it and over reacted.
Does this rise to a criminal violation of Zehm civil rights? This is what the jury must decide.
As for lying to federal investigators I believe the feds will hammer this home in rebuttal and cross of witnesses the defense calls. Was there an overt cover-up of the Zehm death? In my opinion YES. The police command staff, the City Attorney’s Office and the Office of the Mayor are all complicit.
Brian unfortunately for WA manslaughter laws the statute of limitations is three years (Jo Ellen Savage). Don’t know if the clock stops toiling because of the federal intervention? It didn’t in the Savage case.
Now here’s an interesting angle consider all of the crap that goes on in this town is the direct result of the operation of the criminal enterprise (Fed RICO Act) that is allowed to operate in this town unabated and plunders at will from us peons. Generally from my read of RICO case law it’s ten years from the last overt act. Gee do you think we can drum up the required two predicate offenses required to prove the elements of a criminal enterprise?
Of course before it got to that point the young guns at the US Attorney’s Office will get a red light;-)
terrymr on October 25 at 9:52 p.m.
It seem like we have the usual string of cops and their friends lining up to lie to protect their buddy. Tell me again why not all cops are bad.
misjustice on October 25 at 9:53 p.m.
Because cops and Gramma say so, that’s why!
Truthhurts on October 25 at 10:12 p.m.
Ron: I cannot say that I know for certain, but I think the cover-up would toll the statute of limitations.
Truthhurts on October 25 at 10:25 p.m.
RCW 9A.04.080 reads, in relevant part:
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
WARNING: I do not claim to know criminal law (I just know a cover-up when I see one). Murder may be prosecuted at any time (no statute of limitations) and I found a Washington case (State v. Clark, 86 Wash.App. 447, 936 P.2d 1215, 1997)
which says:
“Moreover, Washington courts have previously held in other contexts that statutes of limitations can be tolled *452 by a defendant’s criminal conduct. E.g., State v. Argo, 81 Wash.App. 552, 567-68, 915 P.2d 1103 (1996) (holding that the statute of limitations for securities fraud was tolled by the defendant’s lulling activities that served to perpetuate the fraud).”
Kivaari on October 25 at 10:25 p.m.
terrymr, Not all cops are bad. Most try hard to do a good job. All cops screw up now and then, just like everyone else.
I expect high standards from cops, but cops being just people, they often display bad behavior. If Thompson gets off it will be because of the points I mentioned months ago. He may be able to cause reasonable doubt in a jurors mind. I think he is guilty, and so were his fellow officers that sat on Otto and hogtied him.
PlanB on October 25 at 10:36 p.m.
Msj, agree that they probably know. I just worry that the more bs that gets presented makes reasonable doubt more likely. This should be a slam dunk.
My impression is the defense has completely given up on defending the lying charge.
Lewis on October 25 at 10:45 p.m.
terrymr all cops are bad have we seen one in spokane stand up against all this lying no not one! stay alive stay away from the cops in spokane.
GaryP oink oink oink oink.
Kivaari i am glad you live somewhere there are good cops i know your not in Spokane.
it is not only the SPD it is the sheriff too, they have as much blood on their hands as the SPD and as many on duty drunks too.
zelda on October 25 at 11:02 p.m.
I heard something tonight on NBC news about the Dr. Conrad Murray trial that struck me as good way to explain how things are supposed to work in the criminal justice system.
The jury must decide if the defense’s explanation of what happened is a more reasonable explanation of events than the prosecution’s.
One of the two explanations has to be sufficient to persuade the jury. And, of course, there’s always the possibility of a hung jury. Would the federal prosecutor want to retry this case if the current jury can’t decide between the two stories?
SpokyDaBear on October 25 at 11:13 p.m.
The injuries are consistent with Otto Zehm hitting himself in the head with a diet coke bottle.
Slightlyworried on October 25 at 11:59 p.m.
@SkokyDaBear:
You can expect your subpoena any minute.
brianrbreen on October 26 at 6:57 a.m.
@Ron_the_Cop
I’m not sure, but I believe the statue would be 10 years like “Truthhurts” asserts, as they are public officers acting in their official capacity. There is however a cause of death problem for a criminal prosecution, remember the “Excited Delirium” issue which was raised by Dr Aiken. I do however believe it could be overcome. I think RICO would be a real stretch. You would have to prove the SPD was on ongoing criminal conspiracy, something I don’t believe to be the case and a real hard sell for most others. There are a number of issues that could be investigated from a criminal standpoint. Whether any charges are brought should be based on the evidence obtained during that criminal investigation, then you can have your “Commission”, or hire a consultant. As far as Thompson is concerned, yep he “lost it”, and when any cop loses it that constitutes an assault no ifs ands or buts. The feds don’t have jurisdiction in this case as far as an assault is concerned, or any of the other possible state charges.
Something I think a lot of people have overlooked is the fact that the federal obstruction of justice investigation is “ongoing”.
Clinched fists, kicking, thrashing, groaning, swearing are common reactions to tazering, especially given the number of times Otto was tazed. I was surprised that hasn’t been brought out but maybe the Feds are saving it for their rebuttal case.
Remember the prosecution has another kick at the can after the defense presents their case because the burden of proof is on the prosecution.
@GaryP
You are correct, and there are a lot of switch hitters but for the most part experts are unofficially divided into two categories prosecution and defense. Dr. Aiken wasn’t a hired gun she just got her salary. I can’t tell if V P Van Blairicom is still going to be used in the defense case, but if he is that one will be interesting, for me at least.
Ron_the_Cop on October 26 at 7:39 a.m.
Brian,
I agree. And yes it is ten years re gov officials under RCW for statute of limitations. Now that could get interesting. That could extend the normal three years for manslaughter. But who would prosecute - Tucker, McKenna? My RICO reference was to the City in general e.g., Office of the Mayor, City Council and the City Attorney re past sins re acting on behalf of, complicit and or aiding/abetting in the criminal activity of the criminal enterprise.
brianrbreen on October 26 at 7:51 a.m.
@Ron_the_Cop
My call given the history here would be McKenna. He hasn’t stepped up to this point and shouldn’t until the trial is over but it would certainly be helpful to him if someone asked. Like for example the Mayor, City Council, or even Steve Tucker.
brianrbreen on October 26 at 8:07 a.m.
@Ron_the_Cop
The big thing the City doesn’t want the general public to know is that there a number of unresolved criminal issues in this case. From Negligent Homicide all the way down to a number of misdemeanors.
Ron_the_Cop on October 26 at 9:42 a.m.
Agreed Brian,
Someone with jurisdiction needs to step up to the plate - Tucker LOL! Yes it should be McKenna but this would normally require a by your leave/permission of Tucker. This is how Tucker tanked the Savage case.
As long as the green light remains on during this mayoral election, McKenna may take jurisdiction. However do remember he is running for governor in 2012 and probably would like S-R support.