Spokane7
68°
February 10, 2012 in City
City, Zehm family will enter mediation regarding lawsuit
Sides agree to keep proposals secret
In the first significant step toward a possible settlement, Spokane city leaders and attorneys representing the mother and estate of Otto Zehm announced late Thursday that they will enter mediation to settle the civil suit filed over his death.
“It’s time to move this long-standing case toward resolution, and mediation provides a tremendous opportunity to resolve this case outside of court,” Mayor David Condon said in a news release. “Resolving the Zehm suit is a high priority for me and our community.”
Breean Beggs, who represents Zehm’s mother and estate, said he has agreed to the format, in which a mediator helps negotiate a settlement.
“The Zehm family believes that mediation is the most constructive way to move forward towards resolving this dispute,” Beggs said in the release.
However, the agreement also calls for both sides to keep those future negotiations secret.
“We thought the mediation would be more productive if the specific proposals were kept confidential until it was clear that there was an agreement,” Beggs said.
The civil case, filed in 2009, is separate from the criminal indictment that resulted last November in the conviction of Officer Karl F. Thompson Jr. for using excessive force and lying to investigators to cover up his actions.
U.S. District Court Judge Lonny Suko in 2010 put the civil case on hold after Assistant U.S. Attorney Timothy Durkin alleged in court records that Assistant City Attorney Rocky Treppiedi was taking information gleaned from the civil case to help defend Thompson against criminal charges.
Jeffry Finer, who is assisting Beggs, said any settlement will be made public.
Asked if the mediation was a sign that talks had broken down, Finer said the move represents the opposite.
“Mediation is definitely a step forward. We … are both very pleased that we’ve come to this step,” Finer said.
Zehm, a mentally ill janitor, died on March 20, 2006, two days after he was confronted by Thompson inside the Zip Trip at 1712 N. Division St.
A video showed that Thompson immediately engaged Zehm, 36, who was retreating and had not committed a crime. Police confronted Zehm after two young women reported he was behaving erratically. The women erroneously reported that he may have taken money from an ATM.
Thompson beat Zehm with a baton and shocked him with a Taser.
Thompson has yet to be sentenced. U.S. District Court Judge Fred Van Sickle postponed the sentencing after an expert witness claimed that federal prosecutors incorrectly summarized his expected testimony.
The mediation will help decide how much the city will ultimately pay to settle the civil suit.
Under the city’s insurance plan, the city is on the hook for the first $1 million in liability litigation. Included in that first million is the $119,000 already paid to attorney Carl Oreskovich’s firm to represent Thompson in the civil case. The city’s insurance underwriter, American International Group, would then pay the next $10 million and the city would be on the hook for anything more.
The civil case went nowhere until then-Mayor Mary Verner said she wanted to move toward settlement after federal court filings last year indicated that former Assistant Chief Jim Nicks had told federal prosecutors that he believed Thompson violated department policy and that detectives improperly investigated the confrontation from which Zehm later died.
Until then, the city’s only public position on the case came in the 56-page answer to the civil suit that was issued in 2009 just one day prior to Thompson’s indictment in federal court. In that document, co-authored by Oreskovich and Treppiedi, the city essentially blamed Zehm for his own death because he resisted Thompson.
1992 murder trial begins against sex offender 
dataxman on February 10 at 5:04 a.m.
This should be easy. Write a ‘1’ on a piece of paper. Look at Otto’s mom and start putting zeros to the right. When she nods you put that amount on the check
WillyPeter on February 10 at 5:56 a.m.
David Condon may want to have another term as Spokane’s mayor. However, satisfactorily resolving the Zehm issue is something that he first must do.
And this resolution includes firing Treppiedi. Rocco has become the mayor’s version of Sam Coleridge’s dead albatross; hanging ‘round his neck…forever.
It would help if the feds would indict all of the suspects who contributed to Otto’s death, and/or illegally participated in the cover-up.
AnalyzeThat on February 10 at 6:04 a.m.
Hope the city doesn’t plan to play hard ball in the negotiations, they won’t win.
outlawwoman56 on February 10 at 6:38 a.m.
How do you people figure ottos family deserves all that money. they did”nt have anything to do with this guy until this event happened, this sounds like lawyers playing their greed card is all it is, why is this woman getting a million dollars, come on spokane this is wrong.
Orphan on February 10 at 6:48 a.m.
Outlawwoman56
The peoples servant Karl Thompson screwed up big time so the people will have to pay. Just like if a McDonald’s employee causes harm to someone while on the clock McDonald’s will pay.
Think about it Otto didn’t have anything to do with Karl until Karl started beating him with a club. Otto was simply purchasing a candy bar and a pop.
One question I have is why is the settlement secret why wouldn’t the people of Spokane have a right to know how much was spent.
lewis8457 on February 10 at 6:56 a.m.
first things first lets get klubbers butt in a prison cell. until that actually happens the Zehm family still have not seen justice.
Part of their deal should be the 50 who saluted their sons killer in a court of law get fired, correctly so they can not sue the city.
Scoutster on February 10 at 6:58 a.m.
this is very positive with a likely positive outcome.
SR, you state that Otto was a “mentally ill janitor”. That is both inaccurate and irrelevant.
You don’t refer to your boss every time you mention him as “Stacey Cowles, the diminutive publisher of the SR”
D Statler on February 10 at 7:03 a.m.
@outlawwoman56, I don’t think it matters who gets the money at this point. The city needs to pay handsomely for it’s involvement in this miscarriage of justice, the following defamation of character and ensuing coverup. The only way to stop this behavior is hurting the city’s bottom line,DOLLARS! Where do you come up with the million dollar figure ? A football coach makes ten times that in a year. The city paid twice that in legal fees for a failed cover-up and defense. Your figure seems to fall short of the punishment deserved. I am sorry that local government listened to bad legal advice. City officials have known for years that we have a problem with the SPD and SHERIFFS offices. Nothing was done to stop the abuse of power and excessive force cases.
If the drug and gang task forces are not monitored more closely. The shadows over and trust of our law enforcement agencies will never be restored.There is plenty more work to be done down town. There are more law suits and huge settlements in the city and county’s near future. :^(
lewis8457 on February 10 at 7:06 a.m.
outlawwoman
the Zehm family is dealing with the city I think they will be damn lucky just to get Karl the Klubber behind bars, let alone a cash pay out. I would bet my last dollar they would give every dime they could get just to have Otto back.
What does money mean to a old lady in a nursing home? Nothing when she has waited 5 years for justice and still waiting while a convicted felon walks the streets a free man.
watching 50 of spokanes so called finest salute her sons killer in a court of law.
i dont think any amount of money can pay her back for all of that and more.
Scoutster on February 10 at 7:08 a.m.
“Inaccurate” in that it is incomplete. My understanding is that although Otto had a mental illness, he also had a developmental disability.
Like all of us, he had a lot of things going on in his brain, none of which deserved extermination.
Now, if you were to state that Ofc Thompson was in a state of excited delirium when he started beating him—well that, I would think, would be both accurate and relevant.
D Statler on February 10 at 7:09 a.m.
Alittle more good police work and alittle less TV shows glamorizing excessive force is a quick thought also. This is not the type advertising Spokane needs.
Truthhurts on February 10 at 7:29 a.m.
Outlawwoman: As everyone has pointed out, the City needs to hurt, and then hurt again, until it fixes the “I felt, I shot” legal force policy, and until there is a zero tolerance firing policy for cover-ups.
Condon does need to keep his promise to fire Treppiedi if he is to have any credibility (as that credibility is already eroding quickly).
Finally, I just feel “excited delirium” all over that settlement might occur.
Truthhurts on February 10 at 7:31 a.m.
It is funny that the Feist reality-control cadre is still around to shape the “reality” of Condon. Verner sure got her “reality” spun quickly.
brianrbreen on February 10 at 7:45 a.m.
A little late isn’t it? Could have been done years ago, but no…people had to circle the wagons, protect their own, public be damned.
Wonder how long the Community is going to have to rely on the Center for Justice to fight battles for people that just don’t have the resources to do it on their own, whether it is a disabled janitor and his family, or someone far from a pillar of the community.
Kudos…gentleman from the CFJ… Mr. Finer, and Mr. Beggs, and also Kudos to Mr. John Sklut, and Ms. Terri Sloyer, whose names you don’t often hear but who got the ball rolling way back in 2006.
silverlake89 on February 10 at 9:17 a.m.
I don’t think the mediation is coming as a result of the city finally wanting to settle the dollar amount. I think they would have done that a long time ago. I think the non-monetary demands are likely what will take the longest to hash out. With the recent resolution from the city council and the public statement from the guild, Condon may be thinking its finally time. Thompson should be getting his sentencing pretty soon as well so the city might be putting something in here to help reduce or eliminate how much time he gets.
Looks like the judge finally ruled on the experts request to be free of the confidentiality agreement, does anyone know what the ruling states?
brianrbreen on February 10 at 9:25 a.m.
I don’t think it’s on PACER yet, unless I missed it. Wouldn’t there be a hearing before is was posted.
The_Seer on February 10 at 9:36 a.m.
Where has it been mentioned Ann Zehm is in a nursing home? Even if she is, I’ll bet she can afford a better one with ten million dollars.
I have to disagree that this somehow punishes “the city.” It punishes those who pay the bills for the city: All of us. That is why it is up to all of us to hold feet to fire until changes are made to reduce the chances of this happening again and demanding direct citizen review of the police department.
AIG is the city’s insurer. It just doesn’t get any better, does it? We were bestowed the honor of handing them billions to stay afloat, pay them enormous premiums because the city loses huge lawsuits all the time and they make us absorb a one million dollar deductible. How many cities comparable to the size of Spokane have a million dollar deductible? That’s higher than Maricopa County, home of infamous civil rights violator Sheriff Joe.
brianrbreen on February 10 at 9:37 a.m.
Looks like a 10:00 O Clock hearing.
DickAdams on February 10 at 9:40 a.m.
The following published in the story**, leads me to believe Mayor Condon can not be trusted. Many of us thought Condon would fire both the City Attorney Delaney and more especially Roco Treppiedi. Treppiedi`s screw ups for many years have cost the taxpayers an arm and a leg. I think Treppiedi`s worst performance as a city attorney, IMO, was his attempted cover-up of the Zehm homicide. I`ll never understand why David Condon, who was elected Mayor, I think, was because of the Zehm case. I think Condon is another of those kinds of mayors following in lock step with the city officials who were the perpetrators of the cover-up. I have to wonder who is pulling Condon`s strings?
**”Durkin alleged in court records that Assistant City Attorney Rocky Treppiedi was taking information gleaned from the civil case to help defend Thompson against criminal charges.”
How could an attorney lie in the letters he sent out regarding Otto Zehm, and expect the citizens to back him up?? I don`t want a public servant like “Rocky” to serve me, and it gulls me that Treppiedi is in the taxpayers money “trough”.
EthicsinLE on February 10 at 12:41 p.m.
Statler, the monetary settlement does not punish the city, its punishes us taxpayers. The city pays for the first million, AIG the next 10 million. The tax payers could easily see a loss or reduction of some services with 1mil. Less to operate with. What really punishes the involved parties is punitive damages, that sends a strong message. Kirkpatrick was ordered to pay a few hundred thousand in punitive damages in a recent lawsuit she lost. But, the city agreed to pay for it, so she has no worries. My question is since the city has been saying all along Ofc. Thompson did nothing wrong, did they agree to cover his punitive damages? Just curious. The city should have settled years ago, but instead they spent hundreds and hundreds of thusands of dollars fighting it, all for an inevitable loss. More importantly, the image and trust have been so far eroded, it will take years and years to fix, but it is possible. If they would have fairly settled quickly, I’d venture to say this issue would almost be gone today. One thing I also must add is that AIG has a say in the settlement, which I suspect is a huge factor here and part of the delay. I expect some other indictments in the future, just my thoughts.
greenlibertarian on February 10 at 12:52 p.m.
DickAdams on February 10 at 9:40 a.m.
The following published in the story**, leads me to believe Mayor Condon can not be trusted. Many of us thought Condon would fire both the City Attorney Delaney and more especially Roco Treppiedi
Why anyone was fooled by Condon on this matter escapes me. He was KNOWN to be a liar, and yet you believed him about Treppiedi?
Condon, like most pols, will say anything during a campaign in order to get votes.
In 3 and a half years no one will remember the issue, well, not enough to make a difference in an election.
lewis8457 on February 10 at 1:11 p.m.
why is the civil case against the city they should attack Thompsons estate, sure he gave it all to his wife in the divorce but any good lawyer could clean his clock.
Zehm family no mediation until Karl is in prison.
SMARTGUY on February 10 at 1:17 p.m.
Perfect, just what our country, and community needs. Another behind the scenes,no details, backdoor agreement, with an undisclosed settlement, and no admission of guilt. Spokane justice all the way.
lewis8457 on February 10 at 1:36 p.m.
The Zehm family filed the $2.9 million civil lawsuit against the city, claiming Zehm’s civil rights were violated. The lawsuit also says the Spokane Police Department falsely protrayed Zehm as the aggressor during the confrontation with police.
http://www.kxly.com/news/30424559/detail.html
DickAdams on February 10 at 4:55 p.m.
greenie: Because of my aversion towards Treppiedi, I guess I thought just maybe Condon wasn`t a liar. I was proved wrong as he appears to have joined the city officials who attempted to cover up the Zehm tragedy in the first place.