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January 4, 2012 in City
Mayor vows to restore confidence in police
Condon picks insider to lead during search
Spokane police Maj. Scott Stephens, center, listens as Mayor David Condon names him the interim police chief at a press conference Tuesday. At left is City Administrator Theresa Sanders. Nancy Isserlis, former city Ethics Commission chairwoman, who will serve on the Mayor’s Advisory Board on Policing, is standing behind Sanders.
(Full-size photo)
A 26-year veteran of the Spokane Police Department will lead the troubled agency, at least for the next few months.
On his first business day as Spokane’s mayor, David Condon appointed Maj. Scott Stephens interim police chief and announced plans to review the department’s use-of-force policies and training.
Stephens replaces former Chief Anne Kirkpatrick, who retired effective Monday, at a time of low morale and deep division within the department.
Former Officer Karl F. Thompson Jr. was convicted in November of using excessive force in the beating and death of unarmed janitor Otto Zehm, then lying about it to investigators. Federal prosecutors called the department’s handling of the case an “extensive cover-up” and the U.S. Justice Department is contemplating whether to open a full investigation of the department’s practices. At least one other Spokane police officer remains under federal investigation for her role in the case of Zehm, who was mistakenly identified as a potential thief.
“Obviously over the last several months, if not the last year, confidence in our Spokane Police Department has been eroded by recent events, and we need to work to restore that,” Condon said just prior to administering Stephens’ oath of office at a news conference at the Nevada Lidgerwood Community Oriented Policing Services office.
Condon said a national search for a permanent chief will continue and that 12 people already have applied. Stephens said he isn’t sure if he’s interested in the job long term.
Stephens was named the interim assistant police chief in the fall by Kirkpatrick after Assistant Chief Jim Nicks went on sick leave. Stephens said a new assistant chief hasn’t been named.
“The No. 1 priority would be working toward restoring and enhancing public safety through trust and confidence in the police department,” he said.
Former police Chief Roger Bragdon said Stephens is a “man of good character.”
“He’s respected by the troops, and he knows policing,” said Bragdon, who was chief prior to Kirkpatrick and served on one of Condon’s transition teams. “I’m confident in the mayor’s direction, and his knowledge of policing. The Police Department will bounce back.”
By choosing Stephens, Condon has opted for an insider to oversee the department and to begin the reforms he promised in his mayoral campaign.
Stephens, as a lieutenant, supervised the department’s major crimes division during the 2006 police examination into Zehm’s death, an investigation that federal officials openly described as flawed. He also oversaw the division when two detectives were called to investigate an alleged rape at a Spokane fire station in 2006. The detectives directed the accused firefighter, who claimed sexual activity with the 16-year-old girl was consensual, to delete photos of the partially naked girl from his cellphone. The detectives claimed they were protecting the girl from inadvertent dissemination of the photos. Critics said the decision destroyed potential evidence.
Condon stressed that Stephens wasn’t chief of the department at the time and that he discussed the issues with Stephens before deciding to name him interim chief. Asked specifically about the firehouse case, Condon said Stephens understands that mistakes were made and that lessons were learned.
Selecting a veteran at least for the short term will help change come faster, Condon said.
“It allows me to start putting in immediate action that may have been more difficult if I brought somebody in from the outside,” Condon said. “Most importantly, he has the plan going forward, and that’s where I’m focusing.”
Bragdon was on hand at the news conference as one of the members of the new Mayor’s Advisory Board on Policing. The other members are former U.S. Attorney Jim McDevitt, former Spokane Police Guild President Cliff Walter, and Nancy Isserlis, former chairwoman of the city’s Ethics Commission.
Condon said he and his new advisory committee will examine the possible use of body cameras. Some departments, including Post Falls and Airway Heights, already require officers to wear cameras. Supporters of using them say they prevent fraudulent claims against police and provide a record of police conduct. They also collect evidence that can assist in prosecuting criminals.
The new mayor also embraced a committee formed by former Mayor Mary Verner to examine how the city handled the Zehm case. The five-member commission also will examine the city’s use-of-force policies and will conclude its work by June. Former Gonzaga University School of Law Dean Marty Martin and former U.S. Attorney Bill Hyslop will lead the Use of Force Commission.
Condon said Assistant City Attorney Rocky Treppiedi, who handled much of the city’s response to a lawsuit filed by the Zehm family, no longer will serve as legal adviser to the Spokane Police Department. Condon said in his mayoral campaign that based on what he knew of the Zehm case, he wouldn’t have confidence in Treppiedi’s legal opinions. He reiterated that position Tuesday.
“Some of those decisions at this point would be difficult for me to stand behind,” Condon said.
Under the City Charter, Treppiedi serves at the pleasure of the city attorney, not the mayor. Condon said Tuesday that City Attorney Howard Delaney will keep his job at least in the short term. Condon said he will re-evaluate his team of administrators currently in place at the end of 120 days.
Spokane County Sheriff Ozzie Knezovich offered to take the job of interim police chief and has asked city leaders to consider combining forces, potentially by the city contracting with his office as Spokane Valley currently does.
Knezovich said Tuesday his offer was made in large part because the department had vacancies both in chief and assistant chief. He said Stephens “seems to be respected within the agency.”
Condon said consolidation will be considered, though multiple models will be examined. His timeline for how long it will take to hire a new chief – “a few to several months” – may not leave enough time to implement such a plan, at least not before a new chief is hired.
Closing Geiger: Wise or worrisome? 
nslopeofw on January 04 at 1:09 a.m.
I dont know this guy, but the fact that he has been there for 26 years means to me that it was a bad decision. They should have brought someone from out of this area, or one of the two retired posters here, Brian or Ron.
ChiefsFan21 on January 04 at 1:43 a.m.
It’s nice to see a mayor who acknowledges the faults and bad apples like trippeldi in and around our law enforcement.If he backs his words I see good things ahead.If he doesn’t it’ll be another field day for the feds who are already luming.
JBlim on January 04 at 6:23 a.m.
The arterial on my way to work yesterday was a skating rink. Did Condon cut the de-icer budget already?
misjustice on January 04 at 6:46 a.m.
“Selecting a veteran at least for the short term will help change come faster, Condon said.”
I highly doubt that statement; it’s more likely the opposite.
And look for the possibility of MORE firehouse-like scandals in the coming months.
So this is what “change” looks like? More of the same?
Ron_the_Cop on January 04 at 6:59 a.m.
I do believe that Roco Treppiedi was removed from serving as the SPD legal adviser many moons ago either by Hession and or Verner.
See my comments on the appointment of Major Stepehns as interim chief and other related issues in the earlier thread of this article:
http://www.spokesman.com/stories/2012/jan/03/changes-spokane-police-force-coming/?comments#c391541
Also Tim Connor of the Center for Justice also has a good article on the Mayor’s press conference:
Condon’s Day One
http://www.cforjustice.org/2012/01/03/condons-day-one/
brianrbreen on January 04 at 7:01 a.m.
@nslopeofw
I certainly would not make a good chief, nor would I want to deal with the task ahead for Stephens.
Several years ago I had concerns, as far as Stephens involvement regarding the Zehm and Ross cases. What I learned is that during both cases when he was the Lt. in charge of the Major Crimes Unit, because they were high profile, they were being micro-managed by Deputy Chief Odenthal and not by Lt. Stephens. That Deputy Chief was later forced to retire. As far as the Zehm case is concerned if you read all of the filings and the reports it is evident that Detective Ferguson by passes Stephens and takes her orders from Deputy Chief Odenthal, and in some cases directly from Rocco Treppiedi. That just cannot happen if there is to be investigative integrity.
As I see it, Stephens mistake as a Major Crimes supervisor aside from acquiescing to the micro-management was having far too much confidence in his staff, and if you look at both the Ross and Zehm cases it is pretty easy to identify not only the micro-management but also the lack of investigative integrity. I’m not alone in my thinking and the Worley report backs me up, as I’m sure the after-action report regarding Zehm will. Those issues aren’t uncommon in any police department, but the good ones recognize those issues and take steps to insure investigative integrity. I hope he looks beyond the same old…same old, and realizes that as far as the Investigative Division is concerned there are train wrecks waiting to happen, and now is the time to take a good look at the best way to deal with those issues, and establish some accountability. Patrol Division, which is the backbone of any police department, always gets the scrutiny, and the administrative focus, as it should, but when it comes down to high profile cases the Investigative Division makes or breaks the departments reputation.
A good recent example of micro-management and the need for a system of checks and balances is the Creach case, and I’m not commenting on the case itself, but the “Cage Fight” really demonstrates how Kirkpatrick was micro-managing the case in her self interest and not in the interest of investigative integrity. Lt. McGovern the Major Crimes Unit supervisor wanted more time, and expressed that (not to the extent that I would have but he did). Kirkpatrick refused to give it to him, and the “We won” email from DeRuwe to Kirkpatrick is very telling. That is pretty similar to what Stephens was faced with in both Zehm and Ross, and he should learn from the Creach case as well.
I know I will be in the minority here but as a citizen I am willing to sit back and see if Stephens did learn from his experience and takes the steps necessary to insure the integrity, and reputation of the SPD. With well over 40 years of involvement on both sides of the criminal justice system the number of mistakes I’ve made far out number those Stephens has made, the difference is, he is now in a position where the microscope is out, and I wish him the best good luck.
DickAdams on January 04 at 7:17 a.m.
The rape of a young girl in a Fire Department station by a firefighter who subsequently did the very same thing in California, and was charged with the crime, makes me wonder about Mayor Condon`s decision. It seems to me the the rape was another cover-up by the SPD. What the heck is going on appointing a SPD officer who it appears he was involved in the cover-up. The very fact the interim Chief was appointed to investigate makes the Mayor Condon`s appointment questionable, IMO.
Truthhurts on January 04 at 7:25 a.m.
I believe the girl was of age of consent in the firehouse case and it was not a rape, but there was the crime that even though a 16 year old can consent to sex, she cannot consent to be photographed until she is 18. This distinction is in an obscure statute that is hard to locate, and that surprises people that a photograph is deemed to require one to be older to consent to than is sex. I forgave the police for deciding to protect the privacy of the girl. I know they should know the law, but this law is unknown to many.
Truthhurts on January 04 at 7:28 a.m.
Condon is already backing off giving Delaney the direct order to fire Treppiedi, and Condon is mis-stating the depth of the problem with the police. It goes back “many years,” and not just “many months.”
I am making a point to smile and way at our police, concerned for their morale problems, but systematic and inevitable punishment (firing and loss of pension) must a clear rule and always applied for covering up any police misbehavior and for distorting or hiding any facts.
Police cannot expect respect, and deserve low morale, if the good cops do not seize power from the rotten ones.
Sunshinegurl on January 04 at 7:43 a.m.
Nslopeofw - I would never put any the posters on here in charge of SPD. You can’t lead if no one trusts or at least respects you. Based on the comments I see on this site I don’t think it’s likely that any officer would follow direction from either Brian or Ron. I think Condon will be hard pressed to find someone they will obey, it certainly wasn’t Kirkpatrick but part of that was her own fault.
Hiring someone like Stephens is also a bad choice, he is already too familiar with the status quo and people who have been working in the same environment for 26 years will never know how to change it, they don’t know anything else and even if they did they’ve seen too much to rock the boat.
Good for Stephens for not knowing if he wants the job of chief, hopefully he comes to the right conclusion and does not take the job permanently. Tho I’m sure people looking for a puppet will try to talk him into it.
lewis8457 on January 04 at 8:12 a.m.
Stephens, as a lieutenant, supervised the department’s major crimes division during the 2006 police examination into Zehm’s death, an investigation that federal officials openly described as flawed.
that statement says it all, he is a bad apple too.
brianrbreen on January 04 at 8:33 a.m.
@Truthhurts
You might want to take a look at the Worley Report, which is available on line. The problem in that case was a breakdown below Stephens. The Detective and Sgt, who were called out to the scene, should have seized the camera as evidence, which would have protected the young lady in that it would not have been seized as evidence of criminal conduct and it would not have been disseminated. That was the first mistake, which was recognized after the fact, then the stuff hit the fan, and the “damage control” took place ABOVE Stephens, as I mentioned earlier.
The Detective and the Sgt. were punished with 3 days off without pay, which I have mixed feelings about in that. I don’t believe they were intending to cover things up, but did demonstrate very poor police practice. A case could be made that they were scapegoats for a flawed process.
I do know this, Bragdon on his way out warned Nicks and later Kirkpatrick about the problems. Nicks did nothing, and the only thing Kirkpatrick did was to force the retirement of Odenthal and nothing else.
@Sunshinegirl
Boy… have you got that right! I now have to make sure I drive the speed limit in this town. :) :)
Shelala on January 04 at 8:51 a.m.
I have went over to the dark side and would like to see consolidation. Not because I think Ozzie is wonderful, but because he has to be responsive to the community or risk being voted out and it seems it is literally the only way we will see housecleaning in the SPD and releasing the iron grasp of the police guild. Stephans has been around all those years and has had his fingers to some degree in the investigations of all the questionable incidents. Given the end results of those investigations, I can see why he would like to attempt to minimize his involvement, but he was still involved. Condon had a choice to be either a proponent of true reform or just another politician trying to dazzle the public with words.and false hope. Thus far, he is the politician. I will hold judgement on Stephans for a while to see if he is really up to the task and actually makes some changes - a short time before the yard signs go up.
brianrbreen on January 04 at 9:18 a.m.
@Shelala
Don’t know if you caught this but in the news conference in response to a question regarding Ozzie’s offer, Condon said they are looking into all kinds of options including a Metro PD with the City in charge. So before you get your yard signs ready you might want to get started on some research and then hire a lobbing firm because the power grab will be a battle either way.
Lulubelle on January 04 at 9:25 a.m.
Condon will sell out to his pals, French & Mielke…….whatever the county wants from the city will be theirs for the next four years.
liberal_in_right_wing_land on January 04 at 10:18 a.m.
This guy learned how to do nothing but make money while in office from the best at it, Cathy McMoRo.
DO we really expect ANY change from the guy who lead a lady who has done nothing for Spokane except make herself a millionaire since the day she took office.
Ron_the_Cop on January 04 at 10:20 a.m.
@Brian, and Shelala
Brian your assessment re Ross and now Zehm cases is right on the mark. Yes, Stephens should have been more involved but look who was calling the shots - Treppiedi and Odenthal in Stephens’ formal chain of command. That’s why IMO Roco Treppiedi should be fired immediately and both he and retired Deputy Chief Odenthal should be indicted by the US Attorney’s Office for obstruction of justice in their ongoing criminal investigation in the Zehm death.
@Shelala,
I’m not dead set against some and or all consolidation of the SO and SPD. There are many issues that must be addressed first. I’m not free to discuss why I don’t believe Sheriff Knezovich is the right person for the job currently - perhaps in the future.
The changes you are wanting will not occur because whether the leader of such a metro force is elected or not. The local LE culture/behavior must change first as well as real organizational/structural checks on LE abuses of power/authority must be in place.
Write me off line and I will share some other thoughts privately nar9350 [at] gmail [dot] com
I will post excerpts of my email to Mayor Condon on his selection of Stephens as the interim that includes other suggestions of how to bring about the changes that the citizens are now demanding quickly without getting bogged down in union MOU issues.
Ron_the_Cop on January 04 at 10:22 a.m.
Truthhurts,
Regarding the Ross case you are somewhat correct on the law re what is in essence is called statutory rape e.g., sexual intercourse WITH consent with a minor. Yes the age of consent is 16 years in WA unlike other states that set it at 18 years. HOWEVER in WA the age difference and or relationship between the people is a factor e.g., student/teacher. Regardless of the girl giving consent because of the considerable age difference Ross could still have been charge as a FELONY:
As for the photos under both state and federal law whether consenual or not these by definition are child porn and are contraband just like any illegal substances. There is no discretion in not seziing this evidence as it is illegal/contraband to possess:
Further the officers were guilty of destruction of evidence with is a serious crime in most states but in WA is apparently a gross misd. If the crime were a serious felony (Class A in WA) then the destruction of evidence could be considered rendering criminal assistance as a FELONY (RCW 9A.72.150)
zelda on January 04 at 10:42 a.m.
@shelala — You said “Not because I think Ozzie is wonderful, but because he has to be responsive to the community or risk being voted out and it seems it is literally the only way we will see housecleaning in the SPD and releasing the iron grasp of the police guild.”
Steve Tucker has not been responsive to the community and takes the risk of being voted out cavalierly. He’s been re-elected time and time again. I don’t think that putting all the county’s LE under an elected official, the sheriff, is the solution. Tucker, a partner in protecting the citizenry, has no fear of losing an election. Consolidation could create a bigger problem than we have now. And, as others have pointed out, the sheriff’s department also has a union.
Ron_the_Cop on January 04 at 10:57 a.m.
@Zelda,
You and I think alike:-)
Also I would encourage all to read Tim Connor’s of the CFJ article on the Mayor’s press conference.
http://www.cforjustice.org/2012/01/03/condons-day-one/
Here’s the excerpt of an email I sent to Mayor Condon:
Shelala on January 04 at 11:11 a.m.
@Brian and Ron
Yep, I caught most of the nuances in Condon’s speech.Too bad we have to even search for those nuggets instead of just frank speech. I abhor the political games, power grabs and maneuvering just to try and get to a safe community with a functioning well run police department free of citizen abuses, but I guess it is the nature of the beast. IMO, Stephans would have had less of an uphill battle and more support had Condon made some actual decisions in the public interest instead of forming committees which would have shown he was on board with real reform. Even the visual message of Stephans remarks surrounded by some old cops (sorry Brian) and cops on the police guild nodding and smiling speaks volumes. Ya know , if I were a member of the SPD and community conversation was centered on correcting problems in the department and included suggestions of consolidation or the establishment of a metro police, I think I would do whatever necessary to clean up my act and then some, if for no other reason than self preservation. Reality may set in when they go down with the ship on some misguided principle and discover that they may need to play by the rules to find employment anywhere.
Shelala on January 04 at 11:18 a.m.
@Zelda
You make a good point. It’s kind of like asking if you’d rather drown in a tub or burn up in a fire. I guess with consolidation, I feel I have a half a$$$ chance of treading some water.
brianrbreen on January 04 at 11:23 a.m.
I think it would be very difficult to prove the intent element of any criminal charge against the two officers in the Ross case, but again someone should have recognized there was a problem. Someone should also have recognized that it was going to be a very public issue and dealt with it openly and transparently rather then trying to put things in the best light.
I also believe that some of the recommendations in the below linked report should have been completely followed through with, and they were not.
But that wasn’t Stephens’s problem back then, it is now. If you were to list the problems facing Stephens, plus several on their way you have to at least give the guy credit for agreeing to subject himself to the BS ahead. My guess is that Condon may have tried to find a decent short interim Chief, and there are some available through WASPIC, and was told no thanks. When it gets down to picking a Chief for the long run, if there is such a thing as long run, someone better take a good long look at what is motivating him or her beyond the normal desire to be top dog.
http://www.google.com/search?q=%22Worley+Report%22&hl=en&num=10&lr=&ft=i&cr=&safe=images
westerly on January 04 at 11:24 a.m.
What Condon wants and gets is another matter. The Guild and the police union are the powerful forces in the city..not the mayor or city council, and…a new outside police chief will come from another ‘good ole boy school’, to continue the power.
brianrbreen on January 04 at 11:33 a.m.
@Ron_the_Cop
I of course do agree on the OID Inquest issue. As far as transparency is concerned if that is what the Mayor really wants that’s a good place to start, and since all four are of the same political ilk it should be easy to get done.
brianrbreen on January 04 at 11:41 a.m.
Sorry here is a direct link to the Worley Report.
http://spokesmanreview.com/docs/102606_report.pdf
philipgregory on January 04 at 11:58 a.m.
He can start by investigating a systemic predilection for militarism and violence. Change the militaristic training and uniforms. Reduce SWAT use and training. Add and enphasize training in ‘community service’ and improve attitude toward citizens.
slamdunk on January 04 at 2:05 p.m.
I feel for the residents of Spokane. Condon has already made his position clear. He represents the 1%. He completely ignores the rest of you. This guy is nothing but another Scott Walker.
Orphan on January 04 at 3:12 p.m.
Slamdunk How could Condon represent the 1% if it took at least 50% to vote him in, just asking.
Ron_the_Cop on January 04 at 3:23 p.m.
@Brian,
Regarding the Ross case and the destruction of evidence I will have to respectfully disagree.
Where I’m from child porn is a very serious issue. The mere possession is a serious issue and for major crimes detectives to be unaware of their own statute making it a felony if not the federal ones is very disturbing to me.
With the detectives only getting one day off, I hadn’t heard three days, this is a red flag to me that the order to destroy the child porn evidence came from above - Mr. T via Deputy Chief Odenthal. I would have definitely began an IA if not a criminal investigation and got to the bottom of this.
Further in my experience in computer crime and assisting on perp search warrants involving child porn, if they’ve got a couple of photos they’ve taken they have a lot more on computer storage devices and or on the cloud that they are selling and or trading with other perps. Unlike the WSP case with the SFD fire Lt., where they came up dry because the Lt was the victim of ID theft and not the perp, Ross would strike me of having a number of images. I don’t think anybody bothered to look! Crappy investigation in my book.
Not only was Ross diddling this young female, he was going to further exploit her with trafficing these photos within the child porn industry.
brianrbreen on January 04 at 5:02 p.m.
@Ron_the_Cop
Not much I can say regarding your opinion, other then I’ve been an advocate for rape victims for many, many years, and when this came up and I looked at it, I told them the same thing I’ve said here. As deplorable as it was I didn’t see any criminal intent on the part of the cops and it was the same old story regarding sexual assault victims. If I believed there was, I would have been on it like stink on poop. If you don’t believe me call them and ask.
therailroader on January 04 at 5:59 p.m.
I’m glad Ozzie wasn’t hired ~ the Creach murder is still another local injustice involving police officers only too willing to shoot first & question afterwards. Kudos to the SPD for changing their methodology by beanbagging that knife wielding idiot rather than tazer or gunfire!
??Riddler?? on January 04 at 6:03 p.m.
?? Treppiedi Bashers ??
?? What isTreppiedi’s job ??
He’s an attorney.
?? What are attorneys supposed to do ??
They are PAID to represent the interests of their clients.
?? Who’s Treppiedi’s client ??
The City (Corporation - not People) of Spokane.
?? What’s the interests Treppiedi’s supposed to represent ??
Minimize the cost to the City (Corporation) for claims and lawsuits.
?? And if claims and lawsuits agains the City (Corporation) go away, is Mr. Treppiedi doing his job ??
Yes - probably.
?? Does Mr Trepiedi have a s**ty job ??
Some people would think so.
?? If you were in a position where you needed an attorney, would you want YOUR attorney to represent YOU as vigorously and aggressively as Mr. Treppiedi has represented the City (Corporation) of Spokane (even if it meant cutting some corners) ??
DPA on January 04 at 6:20 p.m.
Mr. Wright,
You claim in your latest post a conspiracy to destroy evidence and also that Mr. Ross was intent on using pictures in the child porn industry. Pretty strong accusations. Do you have any proof or are these reckless accusations?
No question the cops messed up, but that doesn’t rise to the level of a conspiracy. But, as has been your habit, you announce a conspiracy when you lack any real proof.
Do you have the proof here or are you just talking out of your conspiracy?
lewis8457 on January 04 at 6:30 p.m.
??Riddler?? come Rocky grow a pair and use your real name.
Shelala on January 04 at 7:04 p.m.
Just EXACTLY has to happen to truly reform SPD, get rid of the bad apples and prevent police abuse? No touchy-feely, “let me try help you change your attitude” by a peer counselor, no internal politics discussions, no whining, no mammoth study -just a subordinate and his boss telling a borderline employee to get his/her act together of ship out and spelling out what actions will not be tolerated? Is this group so well insulated and protected by the guild and other protections they are untouchable? Maybe then, the so called good guys can step up and form a cohesive group of professionals. BTW, a quick tally of the 226 reported commissioned officers compared to the total of the known “out there” officer/supporters of Thompson and other problem children doesn’t exactly leave these “good cops”as a majority.
brianrbreen on January 04 at 7:51 p.m.
@??Riddler??
OOPS! Go back and read it…. then look at where it is open for a bunch of “S**ty” stuff, that DPA would likely back me on.
Ron_the_Cop on January 04 at 9:34 p.m.
DPA,
IMO based on my training, education and experience from 35 years LE experience. I would have had all the computers of Mr. Ross as well as all of his storage locations in the cloud and found the evidence. If I were the lead investigator I would get the proof who was behind the giving the order to destroy the evidence using a grand jury like the feds did in the Thompson case in a search for truth. Perhaps the detectives were having a bad day and just screwed up but I would have to be convinced.
Read the federal proffer in the Zehm case as to how the digital video evidence was tampered/altered and the original copy was allowed out of SPD evidence. Bad form. Do you see a pattern and practice developing here by certain City officials that apparently Mr. Tucker either was clueless to and or simply played along ignoring his duties and responsibilities.
BTW nice to see you’re posting again. Glad to see you’re posting after working hours too-) Give my regards to Mr. Tucker.
DPA on January 04 at 10:24 p.m.
Mr. Wright,
You wrote that the order to destroy the evidence came “from above” and that Mr. Ross intended to use these pictures in the child porn industry. I just asked you for your evidence to support these claims. Looks like you don’t have any.
Now you indicate Mr. Tucker was complicit in the destruction of the evidence. Again, you make these claims. Can you back them up?
You’re long on accusations, but short on proof.
lewis8457 on January 04 at 10:54 p.m.
DPA any idiot can see tucker has a soft place in his heart for bad cops, it doesn’t take a conspiracy minded person to see that. All a person has to do is pull their head out of their ass.
Ron_the_Cop on January 05 at 12:37 a.m.
DPA,
To be clear I didn’t say Tucker was involved in the destruction of evidence - the detectives were. I’m speculating based on the facts in the Zehm case that these detectives in the Ross case received orders via Deputy Chief Odenthal from Treppiedi.
I would have pursued this aspect even though the Ross case was grossly mishandled at this point to determine whether indeed the detectives were totally inept (I would hope major crimes detectives would know better) obeyed an unlawful order from superiors and or acted on their own in telling the suspect to destroy the evidence which IMO was child porn by everyone’s own admission.
DPA on January 05 at 6:23 a.m.
Mr. Wright,
Your latest post is much different from your earlier posts. It is your opinion that there was an order from above and that there was a child porn connection involving those pictures. In your earlier posts you indicated these opinions as facts. I was just asking you to provide that evidence if you had it.
No doubt the detectives should have known better and should have done a better investigation and, in fact, screwed up in destroying the evidence. But that being said, this does not lead to the conclusion that there was an order from above or from the city attorney’s office to destroy the evidence. If you know this as fact, prove it. If it’s your opinion, state it as your opinion.
To do otherwise lacks integrity or credibility. Just because you were once an officer doesn’t change opinion into fact. The retired quarterback always did it better. Just ask him.
brianrbreen on January 05 at 6:53 a.m.
@DPA
It is difficult to tell whether or not there would have been enough PC to get search warrants that extended beyond the firehouse because the evidence was destroyed. If you will recall Steve Tucker left the charging decision to Howard Delaney because he was “good friends” with Joe Peterson one of the officers. It was without question the right move to pass the case on. However I have a real problem when the decision to bring criminal charges against a police officer, or for that matter any city employee, is left with the city attorney’s office. The conflict is obvious, and even though everything might be on the up and up it just doesn’t help the credibility issue, and that was clearly demonstrated by the public outrage.
IMO it would have been far better to pass it to someone outside of Spokane County. I don’t feel Delaney should have ever accepted the case, and I think Steve Tucker would have looked a lot better in the eyes of the public had he taken the initiative to explain that he was sending the case to an outside prosecutor not only because of his relationship with Peterson, but also because he wanted it reviewed by a completely impartial prosecutor. It would have been a lot better for the officers involved had someone totally independent cleared them. As it turns out the young lady’s civil litigation went nowhere, but it did cost me money to defend.
The county prosecutors office has to be a leader in establishing any movement toward bringing back respect and credibility to the SPD, and we really need to hear from Steve and the rest of you regarding that issue, so thanks for posting even if it is in an unncustomary Defense Role. :)
brianrbreen on January 05 at 7:00 a.m.
As a side note. If I recall correctly when the brass figured out the cops screwed up they sent them back to try and recover the evidence, but it was too late. The fact that the photos weren’t recoverable surprised me and I remember thinking that perhaps the disc presented to the cops when they went back wasn’t the same disc.
DPA on January 05 at 7:32 a.m.
Brian,
No question hindsight is 20/20 and it would have been better to involve a separate prosecutor’s office. But here, the city had the primary jurisdiction regarding prosecution of misdemeanors. The city should have farmed it out. No question.
I’d make a lousy defense attorney. My point in posting was to bring the discussion back to dealing with facts, not opinions.
brianrbreen on January 05 at 7:51 a.m.
@DPA
You would be surprised how many very good ex-prosecutors make very good lawyers on “The Dark Side”, and in a lot of cases the money is better….so is the scotch. :)
Ron_the_Cop on January 05 at 8:55 a.m.
Brian and DPA,
On thing I can agree upon is taking the primary filing authority for misds away from the City and fold it into the County Prosecutor’s Office. The City Attorney’s Office could continue to enforce muni code violations.
This is a real duplication of scarce resources that only facilitates real conflicts of interests in just the cases we’ve discussed.
Ron_the_Cop on January 05 at 11:16 a.m.
BTW from the AP wire -
Federal judge vacates sentencing date
NICHOLAS K. GERANIOS, Associated Press THE ASSOCIATED PRESS STATEMENT OF NEWS VALUES AND PRINCIPLES
SPOKANE, Wash. (AP) — A federal judge has called off the Jan. 27 sentencing of a Spokane police officer who was convicted of using excessive force in the death of a man.
U.S. District Court Judge Fred Van Sickle in Thursday’s order also paved the way for attorneys for officer Karl F. Thompson to seek a new trial in the death of mentally disabled janitor Otto Zehm.
Van Sickle wrote that the circumstances giving rise to his order are unusual because his decision is not the result of a motion from one of the attorneys in a case that has damaged relations between the Spokane Police Department and citizens.
Rather, the judge says a letter from a forensic video analyst that came “out of the blue” prompted the move.
Associated Press
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
lewis8457 on January 05 at 11:25 a.m.
Amazing how many avenues are available to a bad cop while the average guy would already be in prison.
double standard perhaps?
if i was a zehm i would take up sniper practice
arroyoribera on January 12 at 10:46 p.m.
Is this the image that Spokane wants projected by its officers. Here is a Spokane Police Department “use of force trainer”, Rob Boothe, doing promos for a private weapon company. Apparently his City of Spokane provided AR-15 assault rifle is not good enough for him and he needs an X-7 from New Generation Arms. I wonder if he gets paid for this spot or just gets some free practice time, helps NGA test its “next generation” weapons (the X-8), and gets some face time on the web. Remember, faulty application of “use of force” criteria is part of what is at issue in the Otto Zehm killing and the Department of Justice investigation of the SPD. http://www.nextgenerationarms.com/rob-boothe/
escoandesco on March 01 at 12:29 p.m.
The newly elected Mayor had the opportunity to stand up and be counted when faced with his first SPD calamity. Sadly he choose the low and more expedient road of sweeping yet another scandal under the preverbal rug. He folded like a cheap suit. Fortunately, public outcry diminished yet another government fiasco and actually forced him and the city counsel to stand up for a change. Me thinks many vacancies will be available for the interested come the next election cycle..