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September 30, 2011 in City
‘Slew of evidence’ in Zehm trial
Prosecutors, defense attorney square off at hearing
While attorneys got few final answers Thursday, they outlined the parameters that will determine the legal battleground for the Spokane police officer charged in the fatal confrontation with Otto Zehm.
The attorney defending Spokane police Officer Karl F. Thompson Jr. acknowledged that federal prosecutors have a “slew of evidence” purportedly showing that his client used improper levels of force against Zehm.
Defense attorney Carl Oreskovich made those comments as he argued to exclude evidence showing that Zehm, a 36-year-old schizophrenic janitor, was innocent at the time Thompson confronted him on March 18, 2006, in a convenience store on North Division Street.
“They have a ton of evidence other than this innocence evidence,” Oreskovich said, referring to the prosecution’s case.
U.S. District Court Judge Fred Van Sickle said he intends to hold firm to the Oct. 11 start of the trial, but did not rule on several pretrial motions argued before him Thursday. But he said he anticipates ruling on several motions – including whether to bring in a jury from the West Side – by early next week.
Thompson faces felony charges of using unreasonable force and lying to investigators following the confrontation with Zehm. Some of the most heated debate Thursday centered on the fact that Zehm committed no crime, which caused a delay in the case as federal prosecutors appealed Van Sickle’s previous decision to exclude that evidence.
Oreskovich said federal prosecutors have testimony from eyewitnesses, Spokane County Medical Examiner Dr. Sally Aiken, other health care professionals and even a neuroradiologist who will testify “about head and neck strikes” that would constitute illegal use of lethal force.
“The point about all of this is that the government argues the necessity of the innocence evidence when they have a slew of evidence they can utilize,” Oreskovich said. “The jury is going to look at that type of evidence and say, ‘What’s the urgency? The man was innocent.’ ”
Victor Boutros, a trial attorney with the U.S. Department of Justice, said the innocence evidence is necessary to explain why Zehm reacted the way he did. The video shows that Zehm retreated when confronted by the baton-wielding Thompson, who immediately began striking Zehm.
But Thompson told investigators that Zehm refused verbal commands and held the 2-liter soda bottle in a way that he could use it as a significant weapon against him.
“An ambush is not possible if you didn’t know an officer is coming for you,” Boutros said. “That’s why the evidence is so probative.” Otherwise, the jury may believe that Zehm “was not only a criminal, but one who would choose to stay rather than flee.”
1992 murder trial begins against sex offender 
DickAdams on September 30 at 9:18 a.m.
The gang at Spokane city hall, i. e., mayor, city attorneys, city councils, and other city officials are guilty of a cover up. How can these city taxpayer paid employees allow this tragic beating causing the death of handicapped person to drag out so long? All Otto Zehm was doing, was merely buying a pop and a candy bar. Not one of these people stood up for poor OTTO who was killed 5 years ago until recently. These people have once again, embarrassed the city of Spokane, even nationally allowing this tragic case to last so long causing so much bad press. Its a shame Spokane has such a bad reputation. It didn`t start yesterday,but has been going on for years and years. Within the past week or so, Forbes Magazine, for the second time, labeled our city as the “SCAM CAPITOL” of the good old U. S. of A. Why do these city officials causing this stuff, allow it to happen?
brianrbreen on September 30 at 11:33 a.m.
Gee, we know the City Council and the Mayor don’t read the Zehm filings, hopefully they read the SR and quotes from their own attorney who was hired with my money to defend the civil litigation filed by the Zehm family.
In the criminal case where the burden of proof is substantially higher then in the civil case the Mayor and Council are left with this as far as the civil case is concerned.
“The attorney defending Spokane police Officer Karl F. Thompson Jr. acknowledged that federal prosecutors have a “slew of evidence” purportedly showing that his client used improper levels of force against Zehm”
“They have a ton of evidence other than this innocence evidence,” Oreskovich said, referring to the prosecution’s case.
Oreskovich said federal prosecutors have testimony from eyewitnesses, Spokane County Medical Examiner Dr. Sally Aiken, other health care professionals and even a neuroradiologist who will testify “about head and neck strikes” that would constitute illegal use of lethal force.
So how is the move to settle going Mayor?
Ron_the_Cop on September 30 at 1:44 p.m.
There is an older thread for this article:
http://www.spokesman.com/stories/2011/sep/29/thompsons-attorney-says-feds-have-slew-evidence-ze/