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September 10, 2011 in City
Mayor promises review of Zehm case
Spokane Mayor Mary Verner gathers her thoughts with public affairs officer Marlene Feist, left, before Verner addressed the media Friday on the Otto Zehm case.
(Full-size photo)
A hastily arranged briefing by Spokane Mayor Mary Verner on Friday announcing her desire for a complete internal and external review of the Otto Zehm controversy turned into a platform for Councilman Bob Apple to denounce what he called the city’s history of “sweeping incidents under the rug.”
Apple, who was not invited to Verner’s announcement, said he agrees with Verner’s idea but believes it has come years too late.
“This was swept under the carpet and covered up,” he said. “There’s an inbred problem that needs to be corrected.”
Verner, flanked by City Council members who were invited, said she intends to have an expert review all aspects of the case once criminal and civil legal proceedings are finished, and to empanel a citizen board to oversee the review. She refused to take questions but handed out two pages of frequently asked questions, along with the city’s answers.
“Our citizens expect the city’s elected leaders to take responsibility for the actions of our officers and other employees and do our best to see justice is served in an incident where a man – Mr. Otto Zehm – died,” Verner said. “We are working together to step up to these reasonable expectations of our citizens.”
David Condon, who is challenging Verner in the upcoming general election, said the city’s handling of the Zehm controversy appears to be more of an exercise in risk management than in trying to find the truth.
“She is looking at it very legalistically rather than as a leader of the city,” Condon said. “We should be making sure that those harmed are made whole and those who did wrong will be held accountable.”
The controversy stems from a confrontation on March 18, 2006, between Zehm, a mentally ill janitor, and Spokane police officers. Zehm stopped breathing after being repeatedly hit with a baton, shocked with a Taser and hogtied on his stomach, and died in a hospital two days later.
Acting police Chief Jim Nicks initially said officers followed policy and procedure and said Zehm “lunged” and “attacked” the first officer on scene, Karl F. Thompson Jr.
Later, Nicks and others changed their description of the events when surveillance footage of the confrontation showed Zehm retreating.
Attorneys representing Zehm’s mother and estate filed a civil lawsuit against the city in March 2009. Four months later, a federal grand jury indicted Thompson for using unreasonable force and lying to investigators.
U.S. District Court Judge Lonny Suko put the civil case on hold after federal prosecutors raised concerns about what they described as city attorneys sharing information between the civil and criminal cases.
After two delays, the criminal trial against Thompson is scheduled to begin Oct. 11. Federal prosecutors have revealed through court records that Nicks will testify Thompson violated policies and procedures and used a level of force that was not justified.
On Aug. 16, Mayor Verner announced the city would take “all courses of action” to settle the civil case after learning the full scope of Nicks’ expected testimony. But on Friday, she made no mention of any negotiations to end that case.
“We too want justice, healing and rebuilding the trust in our police officers,” Verner said. “The council and I have been working for several weeks to craft some actions,” referring to the plan for internal and external reviews.
But Councilman Richard Rush, who was invited to Friday’s briefing but couldn’t attend, said he learned of plans for the reviews when a news release was circulated late Thursday.
“It was kind of haphazard,” Rush said. “The mayor caught me at another meeting and asked if I could come to this and that was the extent of it. She said that’s what this is and what I’ve got planned and can you come.”
Apple, while having harsh words for the city’s past actions in the case, defended Nicks.
“Nicks, he’s an honorable, outstanding officer. I have no doubt he’s telling the truth,” Apple said. “That’s what I want from all our officers. (Nicks is) probably feeling a lot of pressure because he’s not toeing the line.”
Apple said he remembers being briefed about Nicks’ expected testimony some three years ago.
Verner “knew three years ago, but … the city attorneys were saying that he wasn’t a qualified expert and it was unlikely that the information would be allowed to be heard.”
Apple said the timing of Verner’s briefing coincides with “political season.”
“At this point, our city is locked into an attitude where they are not willing to change. My impression was they thought this whole baby would go away. But it got worse when it got to federal court,” he said.
He expects city residents to be “shocked” when they learn of the evidence in the upcoming trial.
“I think the outcome will be an indictment of the operations of the city of Spokane,” he said. “Most of the elected officials, including this mayor, want to say, ‘Just trust us.’ Unfortunately, I know better.”
Police Chief Anne Kirkpatrick said she was invited to the briefing, but put the wrong time on her schedule. She said she supports Verner’s plan.
“The truth in all of this should have been aired in court, then we need to move forward toward healing,” she said. “This has been an open wound for five and a half years for the Zehm family, the community and the officers. I feel for everybody in it.”
1992 murder trial begins against sex offender 
Ron_the_Cop on September 10 at 5:11 a.m.
There is an older version of this story with a rich comment thread with 71 comments:
http://www.spokesman.com/stories/2011/sep/09/mayor-promises-thorough-review-otto-zehm-case/
Ron_the_Cop on September 10 at 5:33 a.m.
Shawn,
Technically Ofc. Thompson has been charged with a federal criminal civil rights violation e.g., depriving Zehm of his civil rights - excessive use of force under color of authority.
Mr. Apple did let the cat out of the bag. BTW I agree with Mr. Apple the Mayor knew full well what was going on and didn’t act to put a stop to it. Mr. Apple has since posted an expanded comment of KXLY Rick Rydell’s Facebook page (see link below).
I wouldn’t be so kind to Asst. Chief Nicks. He may have been mislead by his subordinates, Deputy Chief Odenthal, but he was the acting Chief. This occurred on his watch as to did the firehouse sex scandal with the destruction of evidence - digital child porn photos. BTW there is a common element between these two cases, SPD Sgt. Joe Peterson the supervisor of the SPD’s Major Crimes Unit. Once Chief Nicks learned the video did not support Ofc. Thompson’s statement he should have called a press conference to clarify to the press that in the initial press briefings incorrect info was given out. Funny how a federal grand jury has the ability to get to the truth. The feds rolled Chief Nicks.
It wasn’t until after the media and the CFJ went after the video did the truth come out. Oh by the was Steve Tucker could have come clean too because he had the video at that time.
For additional info on this sordid affair and the interesting side issue of City emails not being received see my post:
Mayor Verner kicks the Otto Zehm death cover up down the road again
http://tinyurl.com/3gk9hvb
Ron_the_Cop on September 10 at 5:39 a.m.
Sorry I meant Tom Clouse and not Shawn Vestal.
Ron_the_Cop on September 10 at 5:47 a.m.
Tim Connor of the CFJ a national award winning investigative reporter was also in attendance at this press conference and has this in depth analysis on Mayor Verner’s refusal to take questions and claim the City can’t act until the criminal case is resolved:
http://cforjustice.org/2011/09/09/mute-the-press/
Liberty_Bell on September 10 at 6:16 a.m.
Of the criminal law, confusin to your democratic party, and the Queen’s defense, NOT, when murder by your Guilds, sanctioned by the Queen, go Cristine…just another lawyer defending murder for decades!
The U.S. Supreme Court could only confuse these imbeciles…
“I will begin with murder. Murder is defined by Sir James Stephen, in his Digest of Criminal Law, /1/ as unlawful homicide with malice aforethought. In his earlier work, /2/ he explained that malice meant wickedness, and that the law had determined what states of mind were wicked in the necessary degree. Without the same preliminary he continues in his Digest as follows :—
[52] “Malice aforethought means any one or more of the following states of mind ….. “(a.) An intention to cause the death of, or grievous bodily harm to, any person, whether such person is the person actually killed or not; “(b.) Knowledge that the act which causes death will probably cause the death of, or grievous bodily harm to, some person, whether such person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; “(c.) An intent to commit any felony whatever; “(d.) An intent to oppose by force any officer of justice on his way to, in, or returning from the execution of the duty of arresting, keeping in custody, or imprisoning any person whom he is lawfully entitled to arrest, keep in custody, or imprison, or the duty of keeping the peace or dispersing an unlawful assembly, provided that the offender has notice that the person killed is such an officer so employed.”
Malice, as used in common speech, includes intent, and something more. When an act is said to be done with an intent to do harm, it is meant that a wish for the harm is the motive of the act. Intent, however, is perfectly consistent with the harm being regretted as such, and being wished only as a means to something else. But when an act is said to be done maliciously, it is meant, not only that a wish for the harmful effect is the motive, but also that the harm is wished for its own sake, or, as Austin would say with more accuracy, for the sake of the pleasurable feeling which knowledge of the suffering caused by the act would excite. Now it is apparent from Sir James [53] Stephen’s enumeration, that of these two elements of malice the intent alone is material to murder. It is just as much murder to shoot a sentry for the purpose of releasing a friend, as to shoot him because you hate him. Malice, in the definition of murder, has not the same meaning as in common speech, and, in view of the considerations just mentioned, it has been thought to mean criminal intention. /1/
But intent again will be found to resolve itself into two things; foresight that certain consequences will follow from an act, and the wish for those consequences working as a motive which induces the act. The question then is, whether intent, in its turn, cannot be reduced to a lower term. Sir James Stephen’s statement shows that it can be, and that knowledge that the act will probably cause death, that is, foresight of the consequences of the act, is enough in murder as in tort.
But again, What is foresight of consequences? It is a picture of a future state of things called up by knowledge of the present state of things, the future being viewed as standing to the present in the relation of effect to cause. Again, we must seek a reduction to lower terms. If the known present state of things is such that the act done will very certainly cause death, and the probability is a matter of common knowledge, one who does the act, [54] knowing the present state of things, is guilty of murder, and the law will not inquire whether he did actually foresee the consequences or not. The test of foresight is not what this very criminal foresaw, but what a man of reasonable prudence would have foreseen.
Steve Eugster on September 10 at 6:57 a.m.
This article tells us much about the leadership of Mayor Verner and the people we elect to public office — read more at http://spokaneregister.wordpress.com/.
Open_Spokane on September 10 at 7:11 a.m.
For the record, Otto’s death was a murder as determined by the County Medical Examiner. She also took issue with Rocky Treppiedi efforts to blame his death on Excited Delirium. She explained to emergency responders that excited delirium is not a recognized medical condition.
The Spokane Fire Department then issued a excited delirium protocol. Apparently the department valued Mr. Treppiedi’s medical knowledge more than the County Medical Examiner and every other medical professional in the world.
The Spokane Fire Department Paramedic that responded from Station #3, Went at the request of the Spokane Police not to help Otto, but to help the police. A non-rebreathing mask
was given to the police who wanted something to keep Otto from slobbering on the police.
If a dry cleaning bag was tightly tied around his neck, it would have worked in the same way to kill Otto and subsequently stop him from spitting and slobbering.
Mayor Verner would have been more credible if she would have called his death a murder as defined by our Medical Examiner / Coroner.
Native Americans have long been cheated out of justice from our government. We all know they have been duped, lied to and deprieved of their civil rights. Mayor Verner should remember where she came from.
lewis8457 on September 10 at 7:41 a.m.
Isn’t it odd how she cares now during a election time while she could have cared less 12 months ago.
Truthhurts on September 10 at 7:51 a.m.
1) Nicks is an expert in when to deploy lethal force, as courts accept as an expert someone of his experience. (So someone at the City lied to Verner about their ability to attack their own.)
2) Overhand strikes of a baton on the head are lethal force. Suffocating Zehm is a second lethal attack, but overhand blows to the head are deployments of lethal force.
3) I prefer that Verner do the right thing. However, she is so pliant (to the in-house pressures) and so lacking in courage, that even Condon’s pressure might not turn her from her “counseling/concilitating” mode into an actual leader.
mikeln on September 10 at 8:03 a.m.
I’m sure had otto been treated as the law requires, innocent untill proven guilty, he would be alive today. Instead, he was beaten down, shocked and suffocated. How can such a thing be coverd up by the very people we hold responsible to uphold the law? It’s time to get rid of this rot and let them be sure of the reason, maybe some jail time as a reminder.
lewis8457 on September 10 at 8:09 a.m.
Otto was profiled long hair leather coat, Thompson saw that and judged Otto in a milisecond has someone who needed taken out of society.
brianrbreen on September 10 at 8:09 a.m.
For the record; The Medical Examiner ruled Otto’s death a HOMICIDE not a MURDER and there are several levels of homicide including murder. The ME can not make a murder determination, only whether the death was at the hands of another.
TheRoyLarsen on September 10 at 8:10 a.m.
Have you guys thought about starting a softball league?
brianrbreen on September 10 at 8:13 a.m.
Roy,
Good idea, you could make sure the books are straight.
Coffee on September 10 at 8:45 a.m.
It is only snow, it is only the death of a mentally challenged person. It might be a good idea to voter her out before it becomes
it is only the death of a person who does not agree with me.
Squid on September 10 at 8:59 a.m.
Ummm…. You need more coffee, Coffee.
Open_Spokane on September 10 at 9:37 a.m.
Thanks Brian, I should have stated homicide and not murder in my posting. I stand to be corrected and admit my fault and error.
Now that wasn’t too difficult, if only the City of Spokane would do the same.
GDodd on September 10 at 9:53 a.m.
nothing to see here move on RIP OTTO
GDodd on September 10 at 10:03 a.m.
@ lewis that is why they have a gag order on other cases now. we still have not been contacted by media yet 1year later
D Statler on September 10 at 10:09 a.m.
@ Open_Spokane, The County’s medical examiner reported that Quinten Dodds toxicology report was negative. Police released he had drugs in his system.Police released he was shot three times in the chest.ME says he was shot twice in the side from left to right and a third shot that actually killed him from a complete different angle.(top downward into his heart)
This goes to prove your point that police don’t listen to their own medical examiners. I guess in the examiners world.Homicide can be a justified legal shoot by a LEO or a murder by a out of control LEO. I don’t think there is alot of difference in Otto Zehm or Quinten Dodds world now.
Believe me, If I was a cop in fear for my life.I would shoot first too.I just can’t fathom our most experienced officer from the city or two officers from the valley being affraid from Otto or Quentin. These stories are along way from over.We will eventually read the final chapters. I am very curious how many tax dollars will be spent in litigation. I am also curious if Thompson or Olsen will be charged for divorcing to hide their assets from the courts.
Thanks again Brian and Ron for your experienced opinions and thoughts.Could I be the batboy?
de3 on September 10 at 10:11 a.m.
Whether its called a homicide or a murder - Otto is still dead. And there’s only one word for that - dead.
D Statler on September 10 at 10:20 a.m.
BTW: Mayor Vernor, This review is once again too little too late. Your credibility is worse than our police departments and your image in the Mayors office is not much better. Leadership starts from the top.Yourself,Steve Tucker,Kirkpatrick and your city attourneys have failed misserably in representing us.
Dazzeetrader11 on September 10 at 1:05 p.m.
Dazzee’s been retired for a while. She does have two basic questions.
How could anyone trust Verner again?
And if she cannot be trusted to be honest, will she be re-elected?
Blondscence on September 10 at 2:50 p.m.
Honestly Dazzee I do not know how she could do her duties with the Federales bearing down. She has created such a big distraction, it would be better to have someone else….just my initial thought.
Spokane needs leadership and Mary won’t be capable of leading with this big distraction making her lose focus. This distraction will only get bigger as time passes.
brianrbreen on September 10 at 3:31 p.m.
@Truthhurts
I think there is a good likelihood Nicks will be qualified. But given his position at the time of the incident one can certainly see why the defense would make every effort to exclude any testimony from him regarding his opinion concerning the deployment of lethal force.
What I fail to understand is why the Mayor would be so concerned about Nicks and his testimony when any fool like myself who has read the various filings can see that the government according to their April 13, 2010 proffer clearly states that that the government expects Officer Rob Boothe the lead defensive tactics instructor for the SPD to testify consistent with his recorded Jencks Act statement that the lead investigator Detective Ferguson did not provide him with all of the video that captured Officer Thompson’s use of force and/or the medical findings from the ME( blow to the head). After the feds did provide him with what he needed apparently despite being Treppiedized he will apparently testify that based on his “expert opinion” Thompson did wrong..
Now I realize that the Mayor’s litigation experience is limited, but gosh, I think that would have made even my grandson suspicious of what is going on.
For those that don’t know a recorded Jencks Act statement is under oath, perhaps the Mayor didn’t know that, and who knows maybe the government didn’t really provide those representing the city a copy of the Boothe statement. I don’t know but one would think after reading the governments proffer someone might want to look into that.
Spokane_Citizen and underthecover, am I wrong let me know.
brianrbreen on September 10 at 5:51 p.m.
@Truthhurts
I just thought I might add this, apparently the defense expert Rocco was going to use in defense of the civil litigation was none other then D.P.Van Blaricom his go to guy when it comes to defending use of force issues involving the SPD. I have no idea whether or not CO will use him, I kinda doubt it based on Blaricom’s long history of favorable opinions regarding the SPD use of force issues, he might have to punt during cross. But I guarantee you CO will come up with someone even better if it comes to trial.
DickAdams on September 10 at 10:05 p.m.
Reading what Verner had to say on the steps of city hall regarding the Otto Zehm homicide , does she think she is speaking to village of idiots? The very fact that her dissertation was, I think, a facade, is insulting to the citizens of Spokane.
brianrbreen on September 11 at 10:56 a.m.
@Truthhurts
Perhaps you will enjoy this I’m sure David Brookbank will. Go to the website I linked below. It’s a site where lawyers go to find experts that might support their litigation position. Van Blaricom is listed as a defense expert for the Thompson defense. Click on the References button and look at who the very first reference is for this guy.
http://www.jurispro.com/ChiefDVanBlaricom
brianrbreen on September 11 at 11:04 a.m.
I wonder if that website will have any changes made to it prior to the Thompson trial.
Ron_the_Cop on September 11 at 12:19 p.m.
Brian - ROTHFLMAO!
Gee what’s it take to get listed on this litigation expert site? Do you have to pay for a listing? I’m willing to work for either side. The only problem is I will call it as I see it no matter what amount of money I’m paid. Perhaps I should apply?
Det. Ron Wright (Retired)
(35 yrs Riverside PD, CA - Masters of Adm, Univ of Cal Riv, BA Poli Sci Cal State Univ, Fullerton. Lifetime CA Community College credential, have taught forensics and crime scene investigation, COPs and controversial issues in law enforcement, and published author in CPOA Law Enforcement Journal)
Principal - Ron Wright Investigations LLC, Spokane, WA
brianrbreen on September 11 at 12:59 p.m.
@Ron_the_Cop
I just wonder how much I’m into this guy for at $3000.00 retainer, $385.00 and hour, $3,850.00 daily for what he did in the civil litigation for the city. I know I’m paying his bill in the federal criminal case.
Its funny how the Mayor maintains the city was never involved in the criminal case, read this below from the Stay motion and see if you think may be at one time they were.
“Mr. Oreskovich also discloses to Special Agent Jangaard and AUSA Durkin
that the City Attorney’s Office has already retained a number of defense experts for
its defense of the pending Zehm civil rights lawsuit, including defensive tactics and
police procedures expert D.B. Van Blaricom, who is a former Bellevue PD Chief
who retired in 1992 and who the City Attorney’s Office has frequently retained to
assist it in the defense of civil rights/torts claims-suits against the SPD. Mr.
Oreskovich further discloses that the City Attorney’s Office represented that the
defense experts retained and paid for by the City would be made available to help
criminally defend Mr. Thompson in the event any indictment is returned by the
Grand Jury.”
Ron_the_Cop on September 11 at 8:02 p.m.
Brian,
FYI I’ve updated my post on the Mayor’s press conference three times now with additional information. I did attend and was standing in the press line:
Mayor Verner kicks the Otto Zehm death cover up down the road again http://tinyurl.com/3h49dgd
Click on the S-R Pelle’s photo to make it bigger. Look just behind the podium you might see a certain trademark hat:-).
Councilman Bob Apple approached the gaggle of media after the Mayor retreated inside. The Mayor announced she was not going to take any questions. Mr. Apple was definitely displeased that the Mayor had not invited him to her tea party. Mr. Snyder, Mr. Corker and Ms. Waldref were all flanking Mayor Verner. Mr. Synder and Mr. Corker were in coat and ties. Ms. Waldref was nicely dressed in dress slacks. Mr. Apple was wearing a button up shirt and short pants (See my photos).
A certain citizen reporter asked Mr. Apple several direct questions and he unloaded with both barrels on this cover up.
KREM2 captured the moment the best::
Council member throws wrench in Mayor’s news conference
http://www.krem.com/home/Spokane-Mayor-orders-review-in-Otto-Zehm-case-129537253.html
What the media hasn’t reported yet was Mr. Apple’s confirmation of what you and I have been discussing about City emails. Mr Apple confirmed that emails to elected officials at least to him that have been filtered and or never delivered to him. Mr. Brakel (City MIS Director) you’re on the hot seat now. I have a very reliable source that Brakel admitted he has destroyed emails in the past under the guise of computer storage issues. Mr. Brakel I wouldn’t rely on the City Attorney’s Office for legal counsel as they’re complicit in a serious federal crime.
I gave the press a backgrounder with hard evidence of the City Attorney’s direction to screen emails. I’ve also linked to the letter I received from City Attorney Delaney admitting he had ordered that emails from certain people would be filtered when I filed a PDR when I discovered my emails were being blocked when I was gathering info in the Creach OIS.
Need I mention the interception, filtering, delaying or destruction of emails in transit before reaching their intended recipient without their permission - a federal criminal violation of the Federal Wire Tap and Electronic Communications Act.
The question now is whether the US Attorney’s Office will now investigate this potential criminal violation of the Wire Tap Act in connection with the Zehm case as to obstruction of justice?
GDodd on September 11 at 8:24 p.m.
http://spokanehomicide.20m.com/ @ Ron
brianrbreen on September 12 at 8:10 a.m.
@Ron_the_Cop
I’ll try and show some humility here. In retrospect perhaps the Mayor is doing the right thing by not answering any questions. I’ve given it some thought and even though her answers to the “FAQs” are disingenuous, they are crafted in a way they can at least be minimally defended, and the majority of the public wouldn’t know any better.
I don’t know how many times I’ve told clients, including those that did nothing wrong, who were possibly going to be the target of a grand jury or criminal investigations to keep their mouth shut and say nothing to no one. So maybe she is doing the right thing from her own perspective, after all both you and Tony are demanding a criminal investigation.
As far as the emails are concerned the only ones I would be interested in are the interaction between the various city officials and employees regarding the Zehm case. The one telling email that has been reported upon is the one Durkin sent to Delaney requesting a meeting. That one caused a fervor didn’t it, and now the new story is that Delaney and Treppiedi met with the feds.
The boys and girls down at the SPD are shaking their heads on the answer to her last frequently asked question.
Has the Police Department completed an internal affairs review of the matter?
The Spokane Police Department has not completed an internal affairs review in this matter. That work cannot be completed until after the criminal trial concludes because the SPD doesn’t want an internal review to interfere with an ongoing criminal investigation. An internal affairs review considers the incident from a SPD policy standpoint and makes recommendations around policy changes, training, or other actions.
philipgregory on September 12 at 9:06 a.m.
Oh oh. I see the ‘legal dodge’ coming with this statement; “and a jury will soon decide … if there was criminal intent.” The police can avoid all kinds of miscreant behaviour if it can’t be proved they ‘intended’ to commit a crime.
The police in this state have too much legal protection.
Ron_the_Cop on September 12 at 9:34 a.m.
Brian,
There comes a point in poker when you have to fold and throw your cards on the table. I do understand the nuances of why an IA review/investigation generally has to wait until after the criminal investigation is rapped up. I don’t think this is cast in stone esp when a criminal review is completed and a criminal complaint is filed. Treppiedi’s actions really muddied and mucked up the waters.
Some time between Tucker’s wringing of his hands that is SOP an the feds filing their criminal indictment IMO an IA review could have started. Perhaps leaving the IA interviews of the involved officers until the criminal case concluded because this is a federal case.
Normally if the officers refused to make statements in a state criminal case they can be compelled to give statements in an IA review. A refusal is grounds for immediate termination for insubordination. Generally these compelled statements can’t be used in a state case so once a compliant is filed they can’t be used against them. HOWEVER IN A FEDERAL CASE there are ways to get compelled statements into trial.
Without waiting for the criminal case the City should have folded - acknowledged that mistakes were made, changed policy, procedure and training, apologized and paid a just settlement. There was more than enough information without officers interviews to warrant settling this case civilly as a wrongful death case e.g., positional asphyxia compounded by the hog tying, prone position, and weight of the officers once Zehm had been restrained. Followed further by the time he was left in the prone position AND MOST ASSUREDLY the application of the nonstandard use of the mask without a forced oxygen supply.
Without question in my mind once the feds filed their proffer when the City failed to respond to their urgent request for a meeting with the City, the City should have settled base the information alone in this court document. Mayor Verner was the captain of the ship in April of 2010 when this document was filed. Mayor Verner is an ATTORNEY and either knew or worse didn’t know that an active cover up was underway at this point. Mayor Verner AS A STRONG MAYOR should have pulled the plug at that point and ordered the civil case be settled.
Instead as Mr. Apple said at the press conference the City has dug in its heels and hoped to sweep this under the rug as they have done with other incidents.
Ron_the_Cop on September 12 at 9:39 a.m.
Brian,
As to the little issue of emails, this is a real big RED FLAG for me. I do think the email issue is indicative of the way this City attempts to keep the citizens and in some cases elected officials in the dark. City Attorney Howard Delaney’s unilateral action or perhaps with permission of the Mayor to intercept, screen, delay and or destroy email messages to elected leaders without their expressed permission is a serious federal crime - e.g., Federal Wire Tap and Electronic Communications Act.
As I included in my letter of complaint to Mayor Verner and City Council of 12-16-10 in my blog post:
Mayor Verner kicks the Otto Zehm death cover up down the road again http://tinyurl.com/3h49dgd
A note to the federal investigations I would hope you have too done due diligence with regard to these emails. If you did not discover this practice when you sought City emails I’m publicly notifying you now. The actions of City Attorney Howard Delaney in implementing this email screening practice is a federal crime.
I haven’t bothered to trace my emails to City officials lately. I have salted the mine. I would be happy to reveal the email addresses that I have sent these emails from. I’m sure using Encase on the City’s email server and Barracuda hardware firewall and analyzing the meta data/header info would be illuminating as to the quarantining, delaying, filtering and or destroying of emails to elected and other City officials.
MIS DirectorGarve Brackel DO THE RIGHT THING. Capiche?
brianrbreen on September 12 at 10:50 a.m.
@Ron_the_Cop
I was being facetious regarding keeping ones mouth shut.
Garrity statements can be used in federal cases, and some civil cases. In my view it is always better to wait for disposition of the criminal case. The criminal case will often bring forward elements not found in any administrative investigation which can shed light on the allegation either way. My problem is that some officers on the SPD like Thompson have been placed on paid administrative leave with the IA investigation to follow the disposition of the criminal case. Others however have been disciplined and placed on unpaid leave with the IA investigation taking place prior to disposition of the criminal case. Most of those officers have been returned to duty when they were acquitted and it has cost me money The cops down at the SPD know what I’m talking about.
Let’s just say Thompson is acquitted of both counts, then what does the City do? Possibly nothing, even though they could conduct their own IA investigation using all of the evidence from the criminal trial and subject Thompson to some type of discipline if the review demonstrated he violated P&P etc. Certainly an acquittal would put them in a more difficult position to defend the disciplinary action but by the same token you have a number of cops who swear he blew it, including a chief, and a substantial amount of evidence that tends to indicate he was wrong in what he did. Beyond Thompson, as Don Brockett pointed out you have other officers who are hanging out from the standpoint of criminal charges, something that always happens in cases like this, and Thompson’s defense didn’t help their cause any nor did Treppiedi.
Now if Thompson is found guilty of one or both he’s history. But you still have the other cops hanging out from a criminal standpoint, which in my view and apparently Don Brockett’s should be looked at from a criminal standpoint and not by some “Commission”. My hope is those officers that are hanging out, now see the light, and got themselves representation outside of the city attorney’s office. It would not surprise me in the least that we see some cops taking the 5th during the Thompson Trial, it might not look good but it might be in their best interests.
Ron_the_Cop on September 12 at 8:43 p.m.
Brian,
I doubt if anyone is still reading here however I did see some hits on my webpage from City Hall so those in the know and or concerned may still be reading.
AS A FORMER police union president I don’t disagree with anything you’ve said regarding legal representation of the officers involved and ensuring they receive due process.
AS A TAXPAYER however the Mayor who is an attorney should have pulled the plug on this fiasco when the feds filed their proffer in April of 2010. It should have been apparent this case was going sour, the wheels were flying off and sparks were shooting from the axles that were dragging on the ground.
The Mayor should have folded and quickly settled the civil case, directed SPD to change policy, procedure and training to ensure this doesn’t happen again. IT WOULD HAVE BEEN CHEAPER in the long run. There was nothing related to the federal case that would have prohibited the City from settling.
The Mayor was disingenuous in her statements at the press conference. She’s trying to buy time by kicking this can down the road until after the election with the promise of this appointment of this commission.
The Mayor could have easily taken the City out of the criminal case and the organizational/cultural issues with SPD. I’ve said many times before within several weeks the police command staff knew this case had problems. Instead of acting to fix the problem they attempted to cover it up with the assistance of the City Attorney’s Office and Office of the Mayor. This is a failure of leadership that condones police misconduct and attempts to sweep it under the rug.
The way out is simple as I presented to the Mayor and Council:
The US Attorney’s Office and the US DOJ have the resources and expertise to do both and IT WOULD NOT COST THE CITY A DIME!*
[*Yes this would be paid for by taxpayers by using taxpayer supported federal resources but it would be money well spent. IMO the City of Spokane government is incapable of fixing this problem.]