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Spokane, Washington  Est. May 19, 1883

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Hurt lingers 10 years after Zehm’s death

Jeffry Finer Special to The Spokesman-Review

I remember Otto Zehm.

Working downtown, I would see him from time to time walking, loping really – he walked fast and bounced from step to step – but I never so much as said hello. I did not know he was a musician, or that he had mental illness, that he sometimes heard things the rest of us didn’t. I knew he had the longest golden hair of anyone on the Spokane street scene. And he sang quietly to himself. He smiled but did not seem to want attention. He moved along in his own world. He’d be surprised what his name has come to mean. And how often city leaders and media cite his life and death.

For Spokane, his name evokes strong reactions.

Some see Otto’s death on a personal level. He was beloved by his family (mother, sister and cousins were closest). He was respected and liked at work (at the nonprofit Skils’kin, where he was a janitor). Friends said he was careless with generosity and would give you his only coat if he saw you were cold. Everyone knew him to be gentle.

Most of Spokane, of course, knows about his death in 2006 after two days on life support. We watched local media play and replay his videotaped beating and restraint by a half-dozen local police officers. We know about the City Hall cover-up, the federal criminal case and Officer Karl Thompson’s conviction.

For some of us, the “system worked.” For others, the aftermath of Otto’s death was a system failure that ruined a good cop.

If you voted in February 2013 for Proposition 1, and 70 percent of Spokane voters did, you remember Otto as the poster child for passage of a strongly worded demand for an independent police ombudsman. And unless you’ve been living under a rock, you know the office of the ombudsman is in tatters.

Spokane tries to move on.

Officer Thompson has served his time and just this month has been released. The Use of Force Commission met for a year, issued two dozen specific recommendations and dissolved. Some recommendations have taken hold; others, such as changes to Spokane’s “police culture,” have not.

Local civil rights advocates press on – working hard to see that we get the independent ombudsman we overwhelmingly voted for, moving “smart justice” reforms ahead to fix our broken criminal justice system, and pushing the city to hire a new chief of police who is committed to implement the changes our community needs. Other law enforcement issues have come under scrutiny, such as the understaffed jail, its lack of nurses and timely medical services. Just more budget-driven problems facing us and every city and county in America.

Overall? We have yet to heal our relationship with our own peace officers. They have yet to heal their relationship with us.

On the day Officer Thompson was taken into custody, the Friday after the verdict finding him guilty of excessive force and lying in a federal investigation, I sat in the gallery behind Assistant Chief Craig Meidl. He and some four dozen men and women – off-duty police officers sworn to uphold the law – snapped to salute as federal marshals led Officer Thompson away. Otto’s middle-age cousins seated with me were stunned into silence. We looked for help but the court had left and its staff seemed powerless.

In 30 years, I’ve never felt such repressed tension in a courtroom. The marshals, wisely I think, took Thompson away uncuffed and the officers gradually left the courtroom. My apology to the Zehm cousins for the salute brought a cold stare from two officers. At the elevator, another officer blamed the sole reporter present for causing Thompson’s conviction.

It is said that no one should be judged solely by their worst day; and in that sense Officer Thompson’s supporters may have been feeling a conflicted affinity for him. But it remains troubling that the department has failed to account to the public for the embrace by 50 of its officers of a convicted felon. Troubling that there has been no apology and no consequences.

A lot needs doing to restore our faith and trust in our police. Their work requires such trust as surely as we require faithful police. The Center for Justice, where I work with a team of lawyers and community activists, coordinates with citizens, police and local officials to make our city safer and fairer for everyone.

Sometimes the struggle goes on quietly in meetings, or noisily in the media. But a certain spirit of gentleness inspires us at times to keep a memory of Otto Zehm alive. Not only as saber-rattling social change warriors but as neighbors, colleagues, friends and people who remember Otto Zehm.

Jeffry Finer is an attorney with the Center for Justice.