Spokane7
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January 25, 2012 in City
Officer seeks lower sentence
Range is 27 to 33 months for Thompson conviction
A federal prosecutor is objecting to a request by convicted former Spokane police Officer Karl F. Thompson Jr. to reduce his potential prison sentence on the grounds that he has taken responsibility for using excessive force against Otto Zehm then lying to cover it up.
Thompson’s lawyer, Carl Oreskovich, had requested that a judge reduce Thompson’s potential sentence below the 27 months and 33 months currently outlined by sentencing guidelines, arguing that the decorated former officer has accepted responsibility for the crimes.
“While Defendant Thompson did choose to exercise his right to trial, this does not preclude him from receiving a sentencing reduction for acceptance of responsibility,” Oreskovich wrote in a Jan. 6 filing. “Thompson has understood and accepted responsibility for the actions he took inside the Zip Trip store.”
Thompson hit Zehm with his baton and used a Taser on the man, who was wrongly identified as having stolen money from a nearby ATM. Zehm died two days after the encounter in the convenience store.
Assistant U.S. Attorney Timothy Durkin responded late Monday that the reduction does not “apply to a defendant who stands convicted but steadfastly maintains that the jury simply ‘got it wrong.’
“In contrast, Defendant’s and his counsel’s adamant contest of the prosecution in this case, at every turn, and their repeated attempts to justify Defendant’s convicted criminal offense conduct by ‘blaming the victim’ Otto Zehm … ‘flies in the face of reason,’ is not rationally supported by either the facts or the law, and respectfully, must be summarily rejected,” Durkin wrote.
In addition to arguing the finer points of the sentencing guidelines, the document for the first time reveals a potential sentencing range for Thompson, 64, who was convicted by a jury on Nov. 3 after a four-week trial in Yakima.
Prosecutors initially indicated they would seek a sentence of six to eight years in federal prison. But Durkin said in the court filing that Thompson’s sentencing range is 27 months to 33 months in prison.
Thompson originally was supposed to be sentenced Friday, but U.S. District Court Judge Fred Van Sickle earlier this month vacated that order and has not yet set a new sentencing date. The judge’s action came after Oreskovich raised concerns about how prosecutors summarized the expected testimony of forensic video expert Grant Fredericks.
Oreskovich on Monday asked Van Sickle for more time to file a motion seeking a new trial until he can sort out issues relating to Fredericks.
According to court records, Fredericks was hired by Assistant City Attorney Rocky Treppiedi to enhance the video surveillance taken at the Zip Trip, located at 1712 N. Division St.
Four cameras captured the confrontation between Thompson and Zehm that occurred on March 18, 2006.
The FBI later hired Fredericks to analyze the video and prepare still photographs of the encounter for use in Thompson’s trial.
Despite being on the witness list for both sides, attorneys did not call Fredericks during the four-week trial. It wasn’t until after the conviction that Fredericks raised concerns about how Durkin summarized his expected testimony.
Oreskovich now alleges prosecutorial misconduct and is seeking a new trial based on Fredericks’ concerns.
Trial begins in 1992 robbery, homicide 
DHF on January 25 at 4:38 a.m.
If he Thompson took responsibility for the death of Otto Zehm then after a fair trial he should have to pay the price .The system needs to quit screwing around with all this legality and lock him up. Then they can start to deal with Otto’s family and bring some closure to the city. Karl Thompson had a fair trial and was found guilty and now he needs to pay the ultimate price.
D Statler on January 25 at 6:17 a.m.
27 to 33 months for beating a man to death? This seems like a lopsided sentence. After putting taxpayers thru the extra cost and the debacle of the trial. I just don’t believe the sentence is fair to the public. I could have seen this leinient deal if he had came forward the day after the beating and admitted his errors. Now we are saddled with a huge expense for a trial and a multi million dollar settlement for the Zehm family and counsel.Not to mention the trust that was taken from Spokane’s good Police officers. Karl Thompson has already had unfairly leinient treatment to this point.Any regular citizen to do this would have never been set free after the trial. Lets hope the sentencing judge rules for an exceptionally long sentence instead. Otto’s death has effected change in Police policy. Time for the rest of the legal justice system to change as well.
stitch on January 25 at 7:23 a.m.
Maybe I missed it, but don’t recall Mr. Thompson issuing a statement re taking responsibility for his actions..If indeed that happened one would hope he offered an apology to the Zehm family at the same time..
DickAdams on January 25 at 8:12 a.m.
I thought Mayor Condon was going to fire Roco Treppiedi? Verner bragged that Treppiedi was an asset to her staff and it was obvious that she condoned his outrages behavior, notwithstanding the Otto Zehm murder cover-up. Is Condon`s head in the sand so soon? It appears that Mayor Condon approves of Treppiedi because the month of January is winding down and if Condon was serious about the stuff he bragged about when he was campaigning, Treppiedi would have been kicking tin cans down the road at least 2 weeks ago.
Ron_the_Cop on January 25 at 8:16 a.m.
There is an older thread for the earlier web version of this article. Mr. Pitts perhaps you should put this on your list for Santa next year for a software fix:-)
I won’t rehash what I said in the earlier thread. IMO this latest delay in sentencing former Officer Thompson is a much ado about nothing. The video is what it is for all to see, witnesses testified to seeing the initial baton strikes and a separate human factors expert testified to the strikes. See AUSA Tim Durkin’s response that I linked to in the other post.
Here’s a link to the old thread with my bloviating recommendation/punch list for things to do immediately to begin to change the culture/behavior of SPD:
http://www.spokesman.com/stories/2012/jan/24/thompson-claims-he-took-responsibiilty-zehm/?comments#c400742
BTW I have another item to add to my list. I’m doing some work on an unrelated murder case not LE related. I’ve run into this before with the joint records unit shared by the SO/SPD that it takes up to 90 days to get a police report and you have to file a PDR to boot.
IMO the SO/SPD are skating the WA public document law by claiming lack of staff. The state sanctions for violating this law are expensive. I”M NOT faulting the records personnel for this but this is another bad policy decision like disbanding the Crimes Against Property Unit. I didn’t include the property unit on my list as Mayor Condon agrees this was a bad move to discontinue this essential function of SPD.
Here’s the email response I received yesterday:
lewis8457 on January 25 at 8:45 a.m.
If Thompson would have admitted wrong doing in the first place and had not made the good people of this city wait 5 years for trial, not had Otto’s name dirtied in order to clear Karl’s behavior I could see a less sentence. But Karl and his attorney have fought tooth and nail through this whole thing to blame it on Otto. Not to mention his buddies 505 page on fb where 96 police officers and friends have stated murder by cop is ok as long as a citizen is killed and not a cop. If the 50 cowards that saluted him in a court of law in front of the Zehm family that had waited so long for justice, had any morale fiber I might be able to see a lesser sentence.
But Thompson and his lawyer maintain the jury was wrong court of law means nothing and they and only they are right. Basically puts a knife right in the heart of what we all believe in justice for all equally. Those two have done more damage then any other couple in this cities history. And now Thompson wants to take responsibility?
It is too late Karl; those of us following this from the get go only want to see you in a prison cell for eternity. No chance for parole, no leniency, throw your sorry ass into the standard population, see how well you will fair with out your iron wood baton.
Justice must be done or everything we believe in means nothing, and we will all be carrying 6 shooters again.
GDodd on January 25 at 8:57 a.m.
http://www.spokesman.com/stories/2011/dec/18/doug-clark-head-crackin-karl-can-hum-his-own/?audio
The_Seer on January 25 at 9:04 a.m.
Why is the investigation of the OIS involving Dan Lesser (shooting the man hanging from his seatbelt upside down in his van) taking so long? All the cop lubers on this site came in the next day claiming it was a clean shoot.
What is taking so long? Are they trying to come up with an excuse for Lesser taking his third life as an officer of the SPD? The last one he shot while the man was running away from him, this one while he was upside down in a van. How does either situation warrant the use of lethal force?
Ron_the_Cop on January 25 at 9:21 a.m.
The_Seer,
Good question.
I’ve only read the press accounts so I don’t know if there was an imminent threat that justified lethal force. Granted the suspect was armed which is a direct threat. Just say’n though with SWAT in place and the area somewhat secured, the use of a bean bag or other less than lethal tactic could have been considered by the incident commander e.g., the guy’s hanging upside down by his seat belt in the vehicle limiting his range of motion esp with a long gun.
Just recently a violent domestic incident was defused by the use of a bean bag.
Sorry for going off thread but I suppose this is all related re police policy, procedure/tactics and training.
Shelala on January 25 at 9:22 a.m.
Has anyone noticed that there seems to be a deliberate push to report successful SPD incidents and ignore continuing SPD missteps? I have read about routine SPD activities try to show them in a better light and little about the continuing SPD attitude that reflects existing problems. As an example, there was an article about some shots fired at a local restaurant in which no on was arrested and nothing about the snicker bar awards ceremony, despite them happening close to the same time. I am not ready to “move on” until the problems within SPD are addressed Crap is crap even with a pretty bow on it.
generallyspeaking on January 25 at 9:29 a.m.
@Shelala….thats because officer’s getting a candy bar isn’t newsworthy…cops cant eat candy anymore??? I am pretty sure SPD doesn’t really care you can’t move on…..hope they enjoyed their candy…..
GDodd on January 25 at 9:36 a.m.
We were told by the SPD that we are to be sued over the Dodd OIS case.For asking questions in the case.Why did they lie about the ME report to the media and other factors in the case waiting to hear back from the FBI.Dodd was shot while he was on the ground and not strait on as they stated .As you can see your self. http://spokanehomicide.20m.com/
Shelala on January 25 at 9:36 a.m.
Unless I missed something, the damning video of KT beating Otto was only disclosed to the public after a public records request by the press and after the SPD and their legal department had already concluded they felt KT’s actions were justified.Ron, if I am in error, please let me know.
generallyspeaking on January 25 at 9:36 a.m.
Feds are dirty….this article sounds VERY much like the Thompson case….
http://www.usatoday.com/news/washington/story/2011-11-22/ted-stevens-prosecutors-misconduct-probe-corruption/51333612/1
brianrbreen on January 25 at 9:40 a.m.
Boy it’s kinda like damned if you do, and damned if you don’t. The prosecutor and the cops get criticized if they don’t take the time to do a good investigation, and they get criticized when maybe they are taking the time to do a good investigation. I’ll opt for the good investigation, and appropriate review of the investigation.
Shelala on January 25 at 9:49 a.m.
@Brian
Maybe it’s not the time and thoroughness of the investigation that is called into question, but more like transparency. communication and trust.
brianrbreen on January 25 at 9:52 a.m.
Gee I think we are running out of “Blame Targets”…let me see…
1) It was the press.
2) It was the public.
3) It was the bloggers.
4) It was the DOJ.
5) It was the Judge.
6) It was the Jury
7) It’s the DOJ again.
8) ????
The way I got it figured number 8 has to be CO and “Ineffective Assistance of Counsel”, and that should be the last one….well maybe.
Shelala on January 25 at 10:02 a.m.
@Brian
Maybe we should add some physical/mental problems to the mix.
Stress, background, PTSD.
This guy’s going kicking and screaming to his cell while dragging his supporters with him. Integrity, character, personal responsibility, etc. went out the window a long time ago. Now it’s down to a more visceral response to the prospect of actually doing some time.
brianrbreen on January 25 at 10:04 a.m.
@Shelala
I know…. just saying…. but the way things have been going, I can’t blame them for making sure everything is done, and I have a feeling given the audio tape of the Lesser OSI with the negotiator’s dialog and the triple tap they are taking their time and doing it right. Perhaps Steve Tucker even saw the light and is having someone from outside take a careful look before he makes the call. However it turns out, they will take heat from one side or the other.
brianrbreen on January 25 at 10:09 a.m.
@Shelala
Now see what you did…you opened the door for number 8. CO should have used the “PTSD Defense”.
lewis8457 on January 25 at 10:22 a.m.
Is a complete investigation even possible? Meaning are the investigation procedures formed in such a way area; truthful decision can be made? I ask because it seems every investigation gives the police the right and the victim is always at fault. Anybody should be able to understand 100% perfection is just not a reality in our society.
I wonder what the investigation process is? Who’s managing the process? What his credentials is he one of the 96?
This also applies to the Sheriff they seem to always come up with a favorable decision for police too.
In a department where cover up and lies are a common first response, are the procedures even viable? Or are they fixed too?
lewis8457 on January 25 at 10:24 a.m.
should read
a real truthful
sorry grammar police
lewis8457 on January 25 at 10:25 a.m.
Shelala don’t feed the troll he has to change the grease at Dick’s
Shelala on January 25 at 10:31 a.m.
@Brian
You’ve been around a looong time. Do you remember that buffet restaurant up north where you could select a raw T-bone steak from a display and watch it be prepared and cooked behind a glass window until it was finally put on your plate?♦The cooks couldn’t drop your steak on the floor or spit on it because the customer was watching every move.They finally went out of business. Apparently, they had a difficult time finding those chefs that were willing to perform well while being watched and meeting customer’s expectations. We need some performing legal “chefs” on the SPD and in city legal. A legal Benihama, so to speak. Weird analogy, I know, but what part of transparency don’t they get?
Shelala on January 25 at 10:41 a.m.
Uh Oh, Maybe that;s why they have been playing up that “decorated war veteran” bs when describing KT. PTSD? Boy, would that be an insult to those returning vets with actual issues! But then again, KT has no problem in stooping as low as possible to save his own guilty skin.
Shelala on January 25 at 10:44 a.m.
@Lewis
Now that’s funny, Lewis: :”change the grease at Dick’s”. I needed a chuckle.
lewis8457 on January 25 at 10:48 a.m.
Shelala i agree the constant reference to his veteran career blows dirt in the face of every veteran out there that have obeyed the laws of our society.
Klubber is a disgrace to every man and women serving and has served, in our military.
lewis8457 on January 25 at 10:50 a.m.
brian can you answer my question above is a complete investigation even possible, the way the procedures are written in the SPD SOP manual?
Ron_the_Cop on January 25 at 11:02 a.m.
@Shelala at 10:31 Hrs.
LOL. I get it! I think an inquest hearing as we have discussed will provide the transparency will all want and DESERVE in these OIS/OIDs.
brianrbreen on January 25 at 11:27 a.m.
@Lewis
In my view the integrity of any investigation is entirely dependent upon the integrity of those conducting the investigation. No matter how much integrity those individuals have and no matter how honest they are they will make mistakes, honest mistakes, which will be magnified ten fold by some. The reason the DOJ’s case against Karl Thompson is so significant is because it spotlighted the lack of investigative integrity within the process.
It’s pretty darn hard to blame the citizens for not trusting the process, I sure can’t, but by the same token, and as difficult as it is some times, I’m not willing to lump every cop, prosecutor, or action in the dishonest and corrupt category. I hope you aren’t. OID cases are very difficult and require a lot of experience and expertise to do a good job, and for the most part from what I’ve seen the investigators are now trying to do just that. Like I said they are going to make mistakes, and people will find them, I used get paid a hell of a lot more than I was worth for doing just that, so if a Bozo like me can find them anyone can. The cops know that and they also know that people are looking down their neck and watching closely. So it is pretty hard for me to believe that they aren’t trying to do the right thing. I think the same is true of the prosecutor’s office.
I know it might sound Pollyannaish but I think we can look for the right people doing the right things now, it cost us Otto, a heavy price to pay, but at least something came from his homicide.
Sure a complete and thorough investigation is possible…it takes awhile though.
@Shelala
Vegetarian!!
As far as understanding transparency is concerned, it’s the part that starts with “It’s our business and you don’t know sh%t.”
Shelala on January 25 at 11:33 a.m.
@Brian
Egad! I come from cattle country where we whisper the word “vegetarian”.
brianrbreen on January 25 at 11:39 a.m.
@Lewis
Just one other thing that people don’t quite understand about OID investigations. The investigator not only has to work his/her arse off putting the case together, they also have to put up with some dumb arse Brass whose only investigative experience is some garbage can lid case they investigated, or something they read in a promotional text somewhere, trying to tell them what to do and how to do it.
Shelala on January 25 at 11:45 a.m.
BTW Brian, Oh yeah, they are trying to do the right thing? Where? When? IMO, they just want me to know only about choose to tell me.You are gonna get a snickers for that remark. Sorry, I don’t agree. A little slap on the hand fro the saluters and a few touchy feely words does not make transformation.
generallyspeaking on January 25 at 11:54 a.m.
SPD saluters are NOT going to be punished for exercising their 1st amendment rights….no letter in their file, no being told, “don’t do it again”, not one of them is going to be talked to…..NOR should they be……get over it…..they have their rights just like anyone else…..I hope when KT gets a new trial…whatever the outcome they salute him again……
lewis8457 on January 25 at 12:00 p.m.
brian thank you, I too think it has to do with the integrity of the people doing the investigation that if anything is what i am concerned with.
And i do understand brass can make or break the case depending on their own integrity.
no i do not think all the cops are bad i have already stated that but i have not seen the big change you speak of, it seems to me they are still playing the cover their ass game. time will tell i guess.
lewis8457 on January 25 at 12:09 p.m.
jerome if it happens again the saluting cops will have the one finger salute from across the court room from the citizens, who will also be practicing their 1st amendment rights.
what is good for the goose, so what is the special at dicks today?
generallyspeaking on January 25 at 1:37 p.m.
@Lewis….so since by your own admission…you are now sucking of the teet of the taxpayers….not even good enough to clean toilets anymore….tax payers are paying for your life…So does this mean I get to say how you spend your money…since you can’t earn your own living…i’m tired of paying for your internet….and it should be powdered milk, eggs, and govt cheese for you….sounds like a sorry excuse for a man…cant even take care of himself, let alone any family you might have…what a drain on society……I mean it’s the same concept that I have heard in here about how “WE” pay the cops salaries….therefore we think we can tell em how to do their jobs….
The one finger salute….oh how scary…..like they would care…
brianrbreen on January 25 at 2:49 p.m.
@Lewis
Just let it go… don’t tack a worry on it. Look at it this way both you and I are getting Social Security checks so if we keep on living for a few more years it will really PO our new best friend generallyspeaking. Guys like you and me that did clean toilets for a living at one time know darn good and well if we didn’t clean them just right the people that paid our wages would be all over us. So keep the class you developed before your surgery and just consider that some times it’s a good idea not to respond to someone who feels they are far superior to you, you will never convince them otherwise any way.
BTW, I’d match the cleanliness of your toilet and mine against generallyspeaking’s toilet any day. Isn’t that what life really boils down to…who has the cleanest toilet.
Shelala on January 25 at 2:54 p.m.
I went back through generallyspeaking’s posts. All he does is try to antagonize others through name calling. He offers no real opinions or has no obvious knowledge of any issues. Take your own advice, Lewis and don’t feed the troll.
generallyspeaking on January 25 at 3:05 p.m.
Hey Shelala……calm down and have a snickers….hahahahahahahahahahaha
D Statler on January 25 at 3:58 p.m.
Do trolls eat SNICKERS bars ? Generally speaking, I think anyone that stoops to bullying tactics is a sissy. You sound as if you were victimized as a child by your sister when posting on here. LOL Trolls that live in glass houses ought not cast stones. You may be the first one to slip and break your leg on the way to work tomorrow. Be nice you GOOF !! :^)
lewis8457 on January 25 at 4:35 p.m.
come on guys i like playing with the trolls;
i am having steak for dinner tonight Jerome with mushrooms and red potatoes, thank you hahahaha
Ron_the_Cop on January 25 at 4:48 p.m.
@Brian,
LOL 8) Incompetent counsel - right!!!
DickAdams on January 25 at 8:11 p.m.
Roco Treppiedi, Roco Treppiedi, Roco Treppiedi, Roco Treppiedi !!
I was hoping to get some support from a few posters, regarding my post about Condon;
I thought Mayor Condon was going to fire Roco Treppiedi? I guess its just me, as not one comment either condones or disagrees with what I posted. I thought a few would remind the mayor about the great things he promised when he was running for mayor. I intend to keep the fire going under Mayor Condon one way or the other, and intend to pester him about the likes of Rocky Treppiedi until he makes some kind of move against HIS CITY ATTORNEY.. I guess I understand why Treppiedi continues to reelected to the school board. It appears no one wants to make waves. I think the rest of the board members might feel they need a ruthless attorney.
brianrbreen on January 25 at 8:16 p.m.
brianrbreen on January 24 at 7:07 p.m.
@Ron_the_Cop
As long as Howard Delaney and vicariously Rocco Treppiedi are providing the legal “expertise” for Mayor Condon, and Tim Burns, for those fighting the salute battle one must figure it’s lost, and the only hope is to bloody a few noses.
misjustice on January 25 at 8:43 p.m.
Hey, Dick I agree with you…I’ve just been off this thread in order to preserve my last shred of sanity.
Lol!
I will be doing the same; e-mailing and calling the Mayor’s office to DEMAND that he gives Rocco the heave-ho!
Additionally, I have my own paperwork that I have been working on…thanks to Ron’s suggestions.
DPA on January 25 at 8:51 p.m.
BTW Brian,
It’s Lake Okanagan. Canadian spelling.
brianrbreen on January 25 at 9:04 p.m.
Did I spell Penticton right eh?
brianrbreen on January 25 at 9:14 p.m.
@DPA
I’ll tell you this much…. Fredericks was wrong about the Ogopogo thing. Schweda, Wetzel, and me actually saw the darn thing one night when were on the beach recovering from an RCMP tournament in Pentiction.
DickAdams on January 25 at 9:35 p.m.
Thanks a million, MisJ.
Brian: I never say die. I will continue, as I have said, to pester the mayor regarding the cover-up of the Otto Zehm murder by none other than city attorney Treppiedi et al. Unless Condon is thick headed, he should figure out Delaney must kick the cans down the road with Treppiedi as well.
misjustice on January 25 at 9:42 p.m.
@ Dick, keep on keepin’ on my friend!
You KNOW I love ya!
; )
Ron_the_Cop on January 25 at 10:12 p.m.
Now this is interesting see this new article at the Inlander. Houston do we have a problem?
Coincidence Or Crime?
Three people involved in the Otto Zehm case become victims themselves. Joe O’Sullivan
http://www.inlander.com/spokane/article-17432-coincidence-or-crime.html
Ron_the_Cop on January 25 at 10:26 p.m.
Mayor Condon,
If’ you’re reading this thread, the words you need to say are -
You’re fired Howard Delaney!
You’re fired Roco Treppiedi!
If you don’t they will take you down just like they did Mayor Verner. They’re attorneys who are both CYAing for their many sins. If their lips are moving they’re … . :-)
Ed Byrnes on January 25 at 10:50 p.m.
Reading some of the posts by those from LLE in this thread, as in the last thread on this story, warrants my repeating this quote from the late Hunter S. Thompson:
“We cannot expect people to have respect for law and order until we teach respect to those we have entrusted to enforce those laws.”
Ben Stuckart is seeking public comment on the Police Reform Resolution during the February 6th City Council meeting, which begins at 6:00 PM. This is our opportunity to vocally support real SPD reform now, so I look forward to seeing you, my fellow civilians, at this meeting in force.
Ed Byrnes
Ron_the_Cop on January 25 at 11:23 p.m.
@Ed,
Tim Connor of the CFJ has a new article on this meeting:
http://www.cforjustice.org/2012/01/25/the-agenda/
Of course I would add to this my punch list to include all OIS/OIDs be heard by an inquest panel.
Ed Byrnes on January 26 at 12:25 a.m.
Ron,
Thanks for sharing Tim’s article, that’s what inspired me to encourage people to attend the meeting, both here and on my fb page.
Well you know my favored approach is a Civilian Review Board, I have seen it work quite well in SLC. The reason I want a CRB is that too much has been hidden for too long for me to trust anyone but a group of my fellow civilians to oversee the SPD. Frankly, our municipal government has repeatedly failed at this important task.
I am actively promoting the current resolution, it is more than we’ve ever had before by a substantial length and it is the strongest salvo I have ever seen aimed at the guild. Also, this feels like the beginning of actual change rather than simply a new high water mark for the police accountability and reform movement.
Ed Byrnes
Ed Byrnes on January 26 at 12:39 a.m.
Mr. Clouse,
I am offering you some gentle and well intentioned feedback on your headline. Karl Thompson resigned his position with the SPD and is no longer an officer. In the criminal justice system once someone in convicted they are referred to as an offender, which would be a suitable word to replace officer with.
Respectfully submitted,
Ed Byrnes
brianrbreen on January 26 at 6:59 a.m.
@Ed
I’m with you on some method of Citizen Oversight with investigative authority. The OPO even with investigative authority doesn’t allow for any citizen oversight or review. The fact that the OPO is not independent under the current structure and even with investigative authority should be troubling to everyone. Tim Burns receives his legal counsel from the City Attorney, and not from anyone independent of City Government. To me an obvious conflict. The OPO even with investigative power would not have the legal authority to take depositions, subpoena witnesses, records, or other critical information that is often necessary for a proper IA investigation.
The only independent Citizen Oversight body that has the statutory authority through Washington State Law, that I am aware of, to receive complaints from citizens, take depositions, and investigate issues of police misconduct, which includes the power to subpoena witnesses, records and other investigative information and at the same time hold public hearings on the issue is a City or County Civil Service Commission. In my view that authority is not being used to the extent it could be, and I’m wondering why.
“(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions, and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation, and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a superior court judge in his or her judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such;”
http://apps.leg.wa.gov/rcw/default.aspx?cite=41.12
http://apps.leg.wa.gov/rcw/default.aspx?cite=41.14
Let’s be clear, the final decision regarding the discipline of Civil Service Employees is with the Mayor of the City of Spokane, not the Police Chief. In the end it is up to him/her.
lewis8457 on January 26 at 8:24 a.m.
Dick i voted for Condon because he said he would fire rocky right off the bat, i to am disappointed i was duped by a two faced politician again:(
arroyoribera on January 26 at 10:24 p.m.
Karl Thompson sentenced an innocent man, Otto Zehm, to a horrendous death on the floor of a convenience store without trial.
Now Thompson would get basically 1000 days in jail under his attorney’s proposal to the court? That is not justice. That is a farce.
––––––-
On a slightly different angle, I would like to mention again the $2200 worth of additional work that was contracted for by the City of Spokane from former Meridian, Idaho police chief Mike Worley in July 2006. Worley returned an incomplete but important report covering the Firehouse Sex Scandal and the Civilian Advisory Commission, but deferring the section on the Zehm murder until other investigations were completed.
Worley Report - http://spokesmanreview.com/docs/102606_report.pdf
Ethical Lapse by Chief Kirkpatrick? - http://spokanepoliceabuses.wordpress.com/2007/08/15/ethical-lapse-by-chief-kirkpatrick/
Clean-sweep changes eliminate Kirkpatrick testimonial from Worley page -
http://spokanepoliceabuses.wordpress.com/2007/09/10/clean-sweep-changes-eliminate-kirkpatrick-testimonial-on-worley-website/
Consultant poised for Zehm case review -
http://www.spokesman.com/stories/2011/sep/25/consultant-poised-for-zehm-case-review/
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Ethical questions apart, Worley’s report on the Firehouse Sex Scandal and the Civilian Review Commission were so important, I would like to see what he has to say after 5 years about the Zehm killing.
Hcklbery on January 31 at 5:36 p.m.
WHATS WRONG WITH YOU PEOPLE ???
HE HAS tried to take responsibility for his actions EVERY BIT as “HONORABLY” as has most of the criminals he has arrested over the years have, by demanding a costly jury trial, constant dismissal of charges court petitions and delay delay and unflinching obfuscations as well as witness and evidence tampering, just to mention a few of MANY examples of his “”TRYING”” to be held accountable for murdering a poor disabled and helpless citizen.
(If my “”argument”” wasn’t so obviously sarcastic I might be misunderstood to be a liberal Democrat).