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October 29, 2011 in City
Thompson admits ‘errors’ in statement to investigators
YAKIMA – Spokane police Officer Karl F. Thompson Jr. finished his second day of testimony Friday, acknowledging again that he made some errors in his taped statement describing the 2006 incident that resulted in the death of Otto Zehm, but that he did not intend to lie.
Meanwhile, another expert witness testified that Thompson used “poor” judgment when he rushed at Zehm in a north Spokane convenience store and began striking him without a legitimate law enforcement purpose.
Thompson also revealed that other officers kept him updated during the investigation of the incident, including autopsy findings.
The trial will continue Monday with two or three witnesses before attorneys are expected to give closing arguments and send the case to jurors. Thompson is charged with using unreasonable force and lying to investigators about the March 18, 2006, encounter with Zehm, who died two days later.
Assistant U.S. Attorney Timothy Durkin pressed Thompson about apparent discrepancies between what he said happened and the convenience store’s surveillance video, which showed none of the “aggressive” actions that Thompson said he relied upon to start striking Zehm with a baton.
“You would agree that there are certain qualities required for a police report. It’s got to be accurate, precise and exact,” Durkin said. “People get arrested based on your reports.”
Thompson agreed that reports should be exact, “as much as humanly possible.”
“You would agree there are material inaccuracies in your recorded statement?” Durkin asked.
“Yes, there are some errors,” Thompson replied.
Durkin said, “Your statements of throwing punches and boxing (by Zehm) is not supported by the (objective) security video.”
Thompson agreed but said, “I know at least fists unequivocally hit me in the chest. To the day I die, I know where I was hit with fists.”
Thompson described his thoughts as he responded to the call that Zehm might have taken money from an ATM.
“My threat assessment began when I started to read that (Computer Assisted Dispatch) and knew I was going on the call,” he said. “That’s when I started formulating the what if’s. You go in pre-loaded with these schemas. Are we going to have a foot pursuit? Is somebody going to get hurt? Is there going to be an escalation? That thought process doesn’t start when you roll up on the call. It’s too late then.”
Durkin also had Thompson talk about his conversations with fellow Spokane police Officer Tim Moses.
Thompson said he told Moses on the night of the incident that he used his baton to hit Zehm “everywhere I could.”
Moses told ambulance attendants the night of the confrontation – and later, federal investigators – that Thompson had said he hit Zehm in the head with the baton, which would constitute unjustified deadly force. Moses testified earlier in Thompson’s trial that he didn’t remember the contents of those conversations.
Durkin asked Thompson about a conversation he had with Moses on June 22, 2009, after an FBI agent requested a meeting with Moses.
“Officer Moses did contact me and asked me what I thought and asked if it was OK to talk to” the federal agent, Thompson said. “My response was yes.”
After Thompson finished his testimony and the defense rested, Assistant U.S. Attorney Aine Ahmed called rebuttal witness Joseph Callanan, who spent 22 years with the Los Angeles County Sheriff’s Department. Callanan now works as a policy and procedures consultant for other law enforcement departments and as a paid expert witness in court cases.
Callanan noted that most of the time he testifies in support of officers’ actions.
“In most typical police cases that you analyze, you see a subject aggressing on a police officer,” he said. “But in this case, the officer … is the aggressor.”
Callanan said it was a “huge leap” for Thompson to hear details of a possible theft from an ATM and decide it was a robbery.
Thompson testified that one of his biggest concerns was that Zehm might take hostages in the Zip Trip; Callanan said Thompson’s reasoning was flawed.
“You take some raw information you haven’t tested or verified and go to the extreme scenario and use that to back up what I view as bad police procedure,” he said.
If Thompson truly was worried about facing a robbery suspect with a possible weapon, he should have used a safer approach, Callanan said.
“Opening a door and within a split second transferring your baton to your strong hand and closing on a subject whose back is to you is very poor policemanship,” he said. “I do not know why you would draw a baton … in your gun hand. You have the wrong tool if that subject turned and has a deadly weapon. You just wouldn’t do that. That is not in the training.”
Callanan also disagreed with Thompson’s belief that Zehm could have used the 2-liter soda bottle as a “significant weapon.”
“At best it would be a viable distraction,” Callanan said. “It’s a defensive shield more than it is an offensive weapon.”
Callanan said 98 percent of people who are detained or arrested comply with police orders. Of the other 2 percent, an officer needs more than a verbal refusal to comply to use a baton in an effort to gain compliance.
If an officer uses force based on what he or she could “anticipate” or “can imagine,” then all uses of force would be justified, Callanan said.
“Then, how long does the force go on?” he asked. “After the first baton strike, the second, the third. … How do you continue to deliver blows to a subject who is down on the ground? There is some point where you have to turn it off or de-escalate.”
1992 murder trial begins against sex offender 
oink on October 29 at 12:52 a.m.
when this thug is found guilty of the beat down and lying
Do we still have to pay for his vacation and pay to defend and pay to prosecute this wonderful law enforcemet officer.
If so where do I sign up ?
I could use a 6 year paid vacation with bennies, and a free mouth piece to ……………. I was going to be politically incorect about the people invloved ..But I won’t go there
But please tell me why we MUST pay to defend and pay to proscute this ,,this,, I guess Thug is all I can come up with
D Statler on October 29 at 7:19 a.m.
I see a seven figure settlement in the Zehm family’s future. Too bad Otto won’t be here to enjoy it with them. I as a citizen and tax payer am very embarrassed and sorry for the brutal beating and cover up that followed.
Protect and Serve seems to have new meaning in current Police mentallity. The special tactics training our street officers receive may lead to this aggressive mentallity.Every minute of training given in tactics should be matched with decision and compassion training.I am all for our Police being well armed and prepared.This paramilitary attitude/training needs to stay in the military.Spokane’s Police are not officially at war with us I hope. :^)
Lewis on October 29 at 8:32 a.m.
after beating Otto to death Karl was made instructor for arrest procedures.
seems like the mentality is kill em before they can get to court.
if karl walks i fear what will happen to innocent SPD members.
what i am i saying not one officer as climbed out of the sewer and stood for the truth. Sorry i guess there may not be any innocent cops on the SPD force.
money means nothing when you lose a family member i would pay some thugs to run the scum of SPD out of town.
an eye for an eye.
Orphan on October 29 at 9:08 a.m.
How many of us now have a ligitimate fear of SPD, I know I dont want to be anywhere near an officer on duty or off duty.
Go to jail Thompson!
misjustice on October 29 at 9:09 a.m.
Usually when a person says, “money means nothing”, really means money is everything. If money meant nothing it wouldn’t be brought up in the first place.
DickAdams on October 29 at 9:50 a.m.
Orphan, I agree. Totally.
Squid on October 29 at 10:39 a.m.
Usually when someone says “money means everything,” the lives of other people’s family members mean nothing. That is why you take money from the person who took that family member. It’s not a replacement for the family member, but it’s the best you can get. You can’t replace people, so quit taking them. That’s pretty much what divides citizens with the Spokane area police. Not politics, religion, or anything else.
The Spokane area police have a bottomless pit of resources to handle any situation, and end it without anyone being hurt, killed, or disabled. Too often it ends badly. Too often, it’s one of our functional and respected members of this area. If you feel like killing someone, kill a murderer, rapist, or gang banger, and not guys with families, and jobs, who live next door. I see we set records in our area for violent crimes, rapes, and robberies. Try one of those guys. It’s a win/win. Get it? Gets us off the map, and culls the bad guys. We need to keep the good guys. Not a single one of the guys the police have killed, had Joe Citizen say that “he had it coming.”
Here is what the Spokane area police have accomplished: http://www.cityrating.com/crime-statistics/washington/spokane.html You coppers must be proud that Spokane beat WA State and the NATION, in almost all areas. We are DOUBLE in most crimes, including violent crimes.
What do you guys do at work? Just curious… Think the property crimes might go up?
misjustice on October 29 at 11:03 a.m.
Interesting link, squid, thanks for posting it.
Other than rendering the self-tasked-service of “suicide by cop”, I wonder what the local LEOs do, also????
Especially given the charts/information from the link provided by squid. I know what isn’t being done; protecting and serving the citizens of the region.
*sigh*
Seems as if the LEOs are only protecting and serving their own!
Squid on October 29 at 2:08 p.m.
How about this link, MisJ? Our next door neighbors. http://www.cityrating.com/crime-statistics/idaho/post-falls.html
schleufer on October 29 at 3:17 p.m.
in one of steve martins old gags he said just tell the judge ” i forgot armed robbery was illegal!”
Lewis on October 29 at 7:42 p.m.
you guys judged me wrong i could care less about money i am more of a revenge guy.
when they killed Otto i thought we should storm the public building with our picks and axes, and a torch or two.
Truthhurts on October 29 at 9:20 p.m.
What Thompson did is heinous.
What is our word for the City officials who assisted the cover-up, and for those who continue to do so? How do we describe this greater evil?
Ron_the_Cop on October 29 at 9:24 p.m.
For the court watchers, here is the actual section that Ofc. Thompson has been charged with. Yes the charge includes excessive force but it’s actually a violation of Zehm’s civil rights under color of authority:
Here’s what I’ve been demanding that the Mayor and City Council request the US DOJ to do:
remember_alamo on October 29 at 9:33 p.m.
Cut off his hands, gouge out his eyes, will not bring Otto back I am sure it wouldn’t make me feel any better so I don’t feel better so what. I am not from India so I do not believe in Karma but if there is such a thing it is coming.
Thompson said “I was hit”
well I say Otto was beat, suffocated and died. Negligent Homicide.
Poor Mr. Thompson divorced so his assets could not be taken in the lawsuit that he knew was coming and claimed to be indigent with a $80,000.00 a year salary so he could get public defender. .
And the judge would not allow the jury know anything about who Otto Zehm was.
I am steaming hot
Ron_the_Cop on October 29 at 9:42 p.m.
Truthhurts,
While the death of Zehm was very tragic and the result of poor police practice/procedure/tactics tantamount to a negligent homicide/manslaughter under WA state law, the cover-up is much worse. Bottom line is Tucker and his bush league that covers each others’ back will never bring such a criminal complaint let alone prosecute those responsible for this cover-up.
That’s why I’ve demanded that the Mayor and City Council immediately request the US Attorney’s Office to expand it’s current criminal investigation to include any that were complicit and or aided/abetted in the cover-up and to prosecute them for obstruction of justice. So far the Mayor and the City Council have refused to do so. Further the Mayor has not settled the Zehm civil case even though the handwriting was on the wall when the US Attorney Office filed their proffer in April 2010. This will cost WE THE TAXPAYERS dearly.
After the completion of the Zehm/Thompson trial, I will draft a letter to US Attorney Michael Ormsby requesting they expand their current criminal investigation and initiate a pattern and practice investigation. I will post this letter as a petition online and all who agree can sign it.
If our elected officials fail to act WE THE PEOPLE can demand action. We are not powerless.
remember_alamo on October 29 at 9:43 p.m.
I have experienced lying police and a judge who allows people to lie under oath although every man is a liar it does not create confidence in our justice system when they do and are allowed to get away with it.
Sunshinegurl on October 29 at 11:38 p.m.
I doubt Zehms mom will ever see a dime regardless of the outcome of this trial. I also doubt anyone, other than the cop who was recently put on notice, will ever be investigated let alone tried.
ChefGus/ John Olsen on October 30 at 8:21 a.m.
Ron…. thanks again for clarifying.. I have email that i have sent directly to the mayor, to city council and to the county commissioners with direct requests for them to be our advocates under their constitutional oath…. they of course have abrogated their responsibility…and perhaps are in denial that that is their SINGLE most important job as a leader of people,
I of course took the same oath as a Captain in the Army in 68.. and am still bound to that oath.. and those of us that are complaintants here are doing our sworn duty by “Defending the Constitution of the United States, against ALL enemies Foreign and Domestic”….
My personal view is that ALL of these people are now in the ‘enemies’ class and as such are needing our attention to defend our citizens against THEM…… sounds a bit over the top… but they are the heavily armed… and the mis directed and out of step people. Of course we can’t “rise up”…but we can pursue all of them in the Federal Courts for THier violation of our civil rights… and for not holding to their oaths of office.
John Olsen Spokane Wa.. ( still under oath)
Ron_the_Cop on October 30 at 8:30 a.m.
Thanks ChefGus. See my comment in Doug Clark’s column in today’s paper:
http://www.spokesman.com/stories/2011/oct/30/doug-clark-theres-a-stink-in-the-courtroom-and/?comments#c364453