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September 30, 2011 in City
City’s FAQ answers challenged
In Zehm case filing, U.S. attorney cites ‘patently false’ information
Spokane city leaders are continuing to mislead the public about the fatal Otto Zehm confrontation, new court documents suggest.
Federal authorities say city officials provided “patently false” information in a “Frequently Asked Questions” handout distributed during a Sept. 9 news conference in which Mayor Mary Verner announced her intent to investigate the city’s handling of the controversial 2006 police encounter once all legal proceedings are complete. The false information is contained in several of the city’s responses in the FAQ, Assistant U.S. Attorney Timothy Durkin wrote in a 12-page document filed this week in U.S. District Court.
Federal prosecutors filed the document this week in preparation for pretrial arguments in the excessive force case against Spokane police Officer Karl Thompson Jr., the first officer to confront Zehm at a Spokane convenience store. Zehm, a janitor who suffered from schizophrenia, had been wrongly implicated as a theft suspect.
Thompson beat the retreating Zehm with a police baton, shocked him with a Taser and, with help from other officers, eventually hog-tied him on the convenience store floor. Zehm died two days later.
Despite the acting police chief’s eventual acknowledgement to federal investigators that use-of-force policies were violated, the city of Spokane has maintained that its police force did nothing wrong.
Two items in the FAQ drew the greatest interest from federal prosecutors.
In one, the city responds to criticism that it ignored requests by the Justice Department to meet with the mayor, the police chief and council president to express concerns over potential interference in its criminal investigation of the Zehm fatality. The city claims its legal staff met with federal officials instead, which Durkin contends is false.
In fact, Durkin said, city attorneys never even “communicated response to that meeting request.”
In the other, Durkin noted that no court has “yet considered, reviewed, and/or addressed” the actions of any city attorney related to the Zehm matter.
That contradicts the city’s handout, which states: “The court found no issues of conflict or impropriety on the part of the City.”
Speaking Thursday soon after the completion of a candidate debate between Verner and her opponent in the November election, David Condon, she said she was unaware of the court filing.
City spokeswoman Marlene Feist said the city “has no response related to comments by the U.S. attorney in a recent court filing.” She also declined to clarify why Verner did not meet with federal officials after they made the request.
In an email to City Attorney Howard Delaney in June 2009, Durkin asked to meet with Verner, Council President Joe Shogan and police Chief Anne Kirkpatrick to discuss federal officials’ “urgent and pressing concerns” about how the city attorney’s office handled the matter. The email noted that in a previous meeting among attorneys the Department of Justice expressed concern “that your assistant city civil counsel had placed his interests in the ‘civil liability’ case above the completion of the FBI’s and the DOJ’s search for the truth in its criminal investigation.”
Durkin was referring to Assistant City Attorney Rocky Treppiedi.
The city’s handling of the Zehm matter has become a campaign issue in city races.
At Thursday’s Rotary Club debate, Condon mentioned the case in his opening statement.
“Why is it taking so long to resolve the situation with Otto Zehm and his family?” Condon asked. “Who knew what and when?”
Verner didn’t mention the issue in the forum. She has said that discussing the case openly while a criminal trial is pending would interfere with the “course of justice.”
Closing Geiger: Wise or worrisome? 
Dazzeetrader11 on September 30 at 12:19 a.m.
Vote Condon. Verner won’t be able to function with all the lies her, Shogan, Kirkpatrick, Trepedi , Dalaney have told. She ‘ll be too busy to function.
She lied to Spokane about the water rates when she told the citizens the water levels were low. She lied about the crmbling infrastructure and she’s lied to the people about where the $18 million in rate stabilization fund went.
When you cannot properly assess a person as incompetent ro a just spews lies, it’s time get another person in the job.
Vote Condon.
lewis8457 on September 30 at 12:42 a.m.
so the cat is finally getting out of the bag, please god let the trial happen it looks like feds will nail someone to the wall.
that facebook site that supports Thompson might want to buy him a few years supply of soap on a rope.
greenlibertarian on September 30 at 1:23 a.m.
I can see and somewhat understand city officials dodging what are significant liabilities to the city and its taxpayers regarding the totality of actions taken or not, regarding the Zehm tragedy.
But it ain’t right, and will end up costing the taxpayers FAR MORE than if the City hadn’t, for years, stood by Thompson’s extra-judicial and probably criminal actions.
The hallmark of taking responsibility and accountability is in admitting wrongdoing, making the victim(s) whole if possible, and mending ways.
That doesn’t seem to be happening here.
It was, and is, Verner’s election to lose, and these revelations are not a positive sign for her at all. Trepeddi likely told her to ignore the meeting request from the feds, but the buck IS supposed to stop at her desk, regardless of (bad, self-serving) advice from Counsel.
Dazzeetrader11 on September 30 at 1:59 a.m.
She’s a lawyer. She knew NOT to ignore this. ….no matter what Trepedi told her ( if he did). I hope Spokane doesn’t think she’s just innocent in all this. How could she possibly be re-elected when day after day and week after week it is almost certain she just didn’t tell what she knew. Either she cannot or did not speak up in what appears to be an act of commission or omission.
Seriously , how much can Spokane take!
Condon doesn’t appeal to the left. This is beyond political party though. This speaks to the core. Can anyone trust Verner anymore?
Ron_the_Cop on September 30 at 3:59 a.m.
Ooops . . .
Brian and others,
The new pleadings by the US Attorney’s Office may very well sink the Mayor’s ship of state. Tim Connor has already filed a report that the US Attorney slams Mayor Verner and City Attorney’s Office -
DickAdams on September 30 at 7:56 a.m.
It appears Mayor Verner is a pathological liar. As far as Roco Treppiedi, Verner has allowed him to counter sue anybody if they dared to file a complaint against the Lilac City. It is obvious Verner condoned his actions. There was no attempt by Verner to stop his intimating the citizens. I know I`ve criticized Treppiedi and have sent numerous emails for years, to both the city council and mayors about Treppiedi`s comments regarding his publicly stating to the state AG, saying, the public is given too much information under current law and asked the AG to ask the state legislature to change the public information act so the public is not entitled to so much information. Dennis Hession was in the audience during Treppiedi`s rants to the AG. Some time later I sent Dennis Hession an email criticizing Roco Treppiedi for his arrogant remarks with a copy to the city council. I have been sending emails to both the city council and the Mayors ever since.
The_Seer on September 30 at 8:25 a.m.
I have a very active imagination but even I couldn’t write this if I wanted to. Thanks to the City of Spokane for supplying my film about the Otto Zehm debacle with invaluable material. I hear “I’d like to thank the Academy” in my near future.
tfs1969 on September 30 at 8:52 a.m.
I’ve seen, first hand, unethical behavior by the city attorney’s office. Not nearly on the scale of this indictment, but nonetheless, the answer was the same:
“We didn’t do it on purpose. It was an accident. An oversight. I (mv) didn’t know about or condone the behavior.”
Time to change captains, and get the rats off the ship. There are many good folks down at City Hall, but they’re all being suffocated by the threats and actions of the administration and their dishonest peers.
Hooray for Bob Apple and hooray for Condon for exposing this behavior in the light of day. It’s only the tip of the ice berg.
Ron_the_Cop on September 30 at 9:07 a.m.
tfs1969,
Perhaps the feds will finally do just that and fumigate City Hell. They should have done that many moons ago. But this issue of corruption now has life/death consequences.
This is because our governmental leaders sanction/condone inept, incompetent, co-opted and in some cases corrupt law enforcement leadership. If we had LE leadership that would lead by example and demand excellence of the police rank and file will would have much fewer of these problematic OIS/OIDS.
To be sure their are many fine men and women doing a very difficult job day in and day out. Mistakes will be made because they are only human. The key is to acknowledge when mistakes are made, and take corrective action. This would be cheaper in the long run for WE THE TAXPAYERS that are getting hosed by these judgements.
Unfortunately these leaders do not have to pay these awards out of their own pockets. Attorney Bob Dunn who I like a great deal is making a mint off of these poor leadership decisions.
My ears are open to any denizens in City Hell that may want to confess and or whistle blow before the wrecking ball begins to whack the side of City Hell.
Ron Wright, Principal - Ron Wright Investigations LLC
ron [at] ronwrightinvestigations [dot] com
brianrbreen on September 30 at 10:16 a.m.
@greenlibertarian
If Rocco told me to ignore a meeting, I’d be there early.
misjustice on September 30 at 10:38 a.m.
Ron, fumigate City Hell?
Lol!
; )
Thayne on September 30 at 7:28 p.m.
Where was condom’s moral outrage when this first happened? I don’t think he or his handler McMorris-Rodgers made any comments then. Although in her case I understand because she only utters words as directed by her handlers in the GOP. I think all of them (Kirkpatrick, Vernor, etc etc) should be given lie detector tests and the results published. I realize it would have to be an extra sturdy machine to cope with all the lies.
misjustice on September 30 at 8:15 p.m.
“…it would have to be an extra sturdy machine to cope with all the lies.”
Oh, ya got that right, Thayne! I can imagine the machine starting to shake, quake, and then smoke startin’ to roll from it as the person administering the test ducks for cover!
; )
Ron_the_Cop on October 02 at 7:05 a.m.
Okay the City’s response to Durkin’s blast is lame. Read Tim Connor’s new piece: