Spokane7
65°
September 16, 2011 in City
Thompson wants trial moved
Attorney cites publicity, political attention
The attorney representing Spokane police Officer Karl F. Thompson Jr. filed a motion Thursday asking a federal judge to move the upcoming trial because of “intense” media coverage and because it has become a political issue in the city mayoral race.
Carl Oreskovich acknowledged in his filing that the deadline for such motions passed on July 21. He wrote that he had been withholding his request for change of venue to see if attorneys had difficulty finding a jury to hear evidence about Thompson’s fatal confrontation with Otto Zehm.
“Since that (July) date, there has been a marked upsurge of publicity and political attention surrounding this case, including dramatic public reaction to the 22-page declaration of Assistant Chief (Jim) Nicks filed on Aug. 5, 2011,” Oreskovich wrote.
Thompson is charged with using unreasonable force and lying to investigators following the March 18, 2006, confrontation with 36-year-old, schizophrenic Zehm at a Zip Trip. Trial is set to begin Oct. 11.
Thompson was the first officer to respond after Zehm had erroneously been suspected of theft. Thompson entered the store and used a baton to strike Zehm, who was holding a 2-liter soda bottle.
The struggle eventually included six other officers, who hogtied Zehm, placed a plastic mask over his face, and – according to court records – put their weight on Zehm until he stopped breathing. He died two days later.
Assistant Chief Nicks, who this week announced he is retiring early next year, initially told the public that Zehm “lunged” and “attacked” Thompson. But he told federal investigators a different story and is expected to testify that Thompson violated department policy and that his department conducted an incomplete investigation.
The controversy spilled over into the race for mayor as challenger David Condon criticized how incumbent Mayor Mary Verner and other city leaders have handled the situation.
“Due to the recent politicizing and barrage of media coverage,” Oreskovich wrote, “I am compelled to bring a motion to change venue at this time because the coverage has resulted in presumed prejudice making it impossible for Officer Thompson to receive a fair trial in this venue.”
He asked Judge Fred Van Sickle for permission to file a 33-page brief supporting his motion, which will include “excerpts and analyzes a select portion of articles and news broadcasts.”
Oreskovich did not immediately respond to an interview request. Assistant U.S. Attorney Timothy Durkin said he could not comment about any aspect of the case.
1992 murder trial begins against sex offender 
The_Seer on September 16 at 8:19 a.m.
Just show the video tape. Case closed.
All’s well that ends well. Karl the Klubber will lose his pension, spend some time in prison and the feds can begin the task of ferreting out the remaining malfeasants in the SPD. That should consume the remainder of the decade.
David Condon is responsible for this trial being moved if this request is granted. Condon has used the tragic murder of one of our citizens for political gain. Please remember this when you mark you ballots for the position of mayor.
jddavis on September 16 at 8:42 a.m.
Seer—So without Condon, no one in Spokane would have known about Otto Zehm? Condon is the only one who has challenged city / police leadership regarding this tragic incident?
The_Seer on September 16 at 9:28 a.m.
jddavis: Your question is rhetorical and if you can’t discern the difference between raising awareness and hackneyed opportunism then I won’t be able to help.
I’ve been working on a film of this subject for more than 24 months. I know the people who’ve been challenging the city on this issue since day one. You and the rest who might influence the jury pool are Johnny Come Latelies.
jddavis on September 16 at 9:36 a.m.
I watched your short-film when you posted the link, and I thought it was a good piece that objectively told the story.
Who cares if Condon or another person is calling out the leadership? At least there is someone with a platform and voice doing it. Perhaps Condon is as tired of the corruption as you and I.
I give you a GOLD STAR for being there “since day one.”
Al_Loysius on September 16 at 9:37 a.m.
I don’t know why the comments posted yesterday don’t carry over. There is a fairly simple solution here, and I mentioned this yesterday. Mr. Clouse should follow up on this point:
The judge will actually have a lot of leeway in fashioning a jury panel that has not heard much about the case. Remember that this case in is the US District Court for Eastern Washington. That means that the jury panel will be drawn not from only Spokane County, but from the 20 or so counties that make up the Eastern District. In the month before trial it should not be that hard to design a computer program that would draw more jurors from the Tri-Cities, Wenatchee, Yakima, Omak, etc. that are less likely to hear about the case. The S-R may hate to hear this, but even in Spokane, a significant portion of the population does not read the paper.
I would predict that there will be no change of venue. That is because a change of venue means holding this case up for another year (as well as the civil suit that can’t go until the criminal case is done). Basically everybody wants this case over with, win, lose or draw.
I would also add that it does not mean picking up the trial and moving to Yakima. The jurors are summoned to Spokane, as they would normally, since the jurors are summoned district-wide.
brianrbreen on September 16 at 10:02 a.m.
@Al_Loysius
I agree. But one could still get the Jury here and move it to Yakima. Unlikely yes, but as far as I know it’s an option. Besides the court room is a little homier down there and it would help the Yakima economy. Just think of how the influx of media, lawyers, and agents would improve the liquor sales. :)
ChefGus/ John Olsen on September 16 at 1:06 p.m.
The Reason…the 23 comments from yesterday did not get carried over, is because for some reason they repost the story and start all over again…. simple enough to post a link to the Prior…so here it is….. even a 67 year old nerd can do this: It is a form of not so subtle editorializing by omission….:))
http://www.spokesman.com/stories/2011/sep/15/thompson-attorney-wants-zehm-trial-moved/
there you go folks…j
ruthr on September 16 at 2:16 p.m.
@Al_Loysius, ChefGus, this story was posted Thursday night for news value and again Friday morning because of the site’s subscription system we operate. Gus has a great solution. Otherwise, if you feel your comment that is not attached to the current story is valuable, reposting is allowed.
Thanks to all
Ruth
Copy editor/website
The_Seer on September 16 at 2:41 p.m.
Most of the people I encounter in Spokane have very little knowledge of this case. When clients ask me what I’m working on, most of them don’t know about Otto’s demise and even fewer know the details that have been released.
I believe the constitution states one has a right to a trial by a “jury of peers?” That doesn’t mean you have a right to a jury you can basically hand select in a conservative bastion where most people believe the cops never fail.
lewis8457 on September 18 at 6:54 a.m.
this city is full of people with their head in the sand and will not take notice until they or a loved one is murdered by police.
by then it is too late, like now it is too late for Otto Zehm even his federal government could care less about him.
federal judge Van Sickle has thrown every thing he can in the gears to make this trial not happen.
Who knows maybe Thompson is a relative.