SCROLL FOR UPDATE

I’m very surprised that US Attorney McDevitt supported the filing of a criminal civil rights case against Spokane PD Ofc. Thompson in the Otto Zehm case. Of course this was after a grand jury returned an indictment. Impaneling a grand jury* was not something either Spokane County Prosecutor Steve Tucker or the Seattle and Spokane Offices of the US Attorney were willing to do in the RPS bond fraud case or in the Savage manslaughter case.

Having some personal experience in one of these federal civil rights cases involving alleged abusive police practices, it comes down to establishing the specific intent on the part of the officer.

http://friendsofmarkfuhrman.org/blog/…

I have not seen the infamous video so perhaps the required intent can be inferred from the video. I would have fired Acting Chief Nix for his stunt with Steve Tucker to conceal this video tape from public scrutiny. Perhaps the alleged false statements made to the investigators had some bearing on the decision to return an indictment. As an aside the fed’s have a “mulligan” when it comes to lying to them. If they can’t make their case in chief on the evidence they can always fall back on the charge of lying to the investigators. This is what happened in the Martha Stewart insider trader case. Gee I wish I had this hammer for every crook that ever lied to me! Either you can make your principal charge by the evidence or not.

The intent required to violate this federal statute is based on the officer’s own frame of reference, mindset, training and experience not what others may ascribed after the fact. I could argue on behalf of the defense from the radio call received of a possible robbery just occurred, a physically large potential suspect not complying with initial commands of the officer (Mind you the officer is 60 years old) there is a justifiable need to achieve immediate control of the situation using reasonable force if necessary.  Having dealt with mentally challenged people it takes several officers to gain control without seriously injuring the person if they are resisting.  From the point at which control was achieved, however, the possible positional asphyxia issue, the application of a face mask which restricted breathing and not monitoring Otto’s vital signs after a physical struggle makes this a wrongful death case  in my mind. The City should have folded at this point, admitted mistakes were made, apologize to the family, paid up without dragging this case out and changed police policy/procedure/training re positional asphyxia and the inappropriate use of face masks et al.  The City’s digging in of its heels and lack of action to prevent future incidents precipitated the Center for Justice’s filing of a civil federal case for violating Otto’s civil rights and now federal criminal charges being filed. This lack of honesty and transparency on the part of the City is going to cost yet again the citizens of Spokane more taxpayer money.

From my read of the newspaper accounts there is no question that the officers after Otto was restrained, acted outside the course and scope of what I believe to be accepted police policy and procedure. This is a police policy, procedure, and training issue. Were the officers actions intentional within the meaning of the federal statute remains to be seen.  Had Ofc. Thompson been aware of the limitations and history of Otto, this incident probably wouldn’t have happened in the first place.  This incident is only symptomatic of much deeper problems involving the responsibility/accountability of City officials and police administration as well as to what lengths they will go to conceal their mistakes from public scrutiny.  It’s unfair to target only the officers involved without addressing the underlying issues involving City officials and police management for failure to set policy, procedure and provide adequate training in dealing with these circumstances. In my opinion Spokane government is dysfunctional at the highest levels.

I’m sorry but I find McDevitt’s willingness to a support a criminal indictment in the Otto case hypocritical.  McDevitt shielded by his inaction of his office, the Cowles Co’s interests in the RPS bond fraud case.  This was subsequently compounded by the US Attorney’s Seattle Office’s refusal to throw McDevitt under the bus for his personal conflicts with the RPS case and to file the bond fraud case.  Why wasn’t the evidence* in the RPS bond fraud and/or the Savage manslaughter case ever reviewed by a federal and/or state grand jury respectively.  Steve Tucker is riding the fence yet again. These police abuse cases are much easier to prosecute under state law than federal law.  If a federal grand jury found sufficient evidence to warrant an indictment, why didn’t Tucker file states charges a long time ago.  No local media is hounding Tucker for his equivocation in Otto’s case nor his decision not to file the Savage manslaughter case.

If the citizens of Spokane are so enraged re the facts and circumstances surrounding the death of Otto Zehm, they should be so similarly enraged about the death of Jo Ellen Savage in the RPS parking garage.   Where is the hue and cry for justice in Savages’ death?   Perhaps all of the facts and circumstances surrounding her death have not been revealed to them by the our local media as in Otto’s case.

I ask why not? My faith in our criminal justice system is being sorely tried [re] its impartiality.

–

*Until someone provides me with evidence to the contrary I don’t believe a federal grand jury ever reviewed the evidence in the RPS bond fraud case as it has been reported in media accounts.  We know Tucker did not impanel a state grand jury to review the facts and circumstances surrounding the death of Jo Savage in the RPS parking garage.

 From my letter to Sheriff Knezovich and Chief Kirkpatrick:

Sheriff Knezovich recently on the Mike Fitzsimmons Radio Show (KXLY Spokane, WA) you said that a federal grand jury reviewed the evidence surrounding the Savage death.  I believe you are mistaken. Sheriff Knezovich, I strongly recommend that you contact Mr. Westinghouse for a clarification.  Mr. Westinghouse was parsing his words carefully.

From Mr. Westinghouse’s press release:

     After the fact there was a great deal of debate over the assumptions made in the bond proposal.  But after examining thousand of records from the civil case and using the tools available to the grand jury we determined there was no criminal case of wrongdoing, . . .

My interpretation of what Mr. Westinghouse said is that they used the subpoena power of a federal grand jury to secure documents.  I don’t believe there was any review of the evidence in either the RPS bond fraud case or the Savage death by a federal grand jury. I believe the documents referred to include the Safeco Insurance Company’s investigative file (the RPS garage owners’ insurer) that David Savage, the former husband of Ms. Savage, released to them.  My sources indicate that there is very damning information in the Safeco investigative file.  This information shows the specific criminal intent of the garage owners.  They knowingly failed to do critical repairs of the RPS parking garage as strongly recommended by several engineering reports over many years before the tragic death of Ms. Savage. . .

UPDATE: [Note slightly edited to clean up typos]

OK I’ve looked at the videos on the S-R server.  Perhaps someone can direct me to a video that shows more detail. The initial contact between Ofc. Thompson and Otto is difficult to see.  Yes I can see several baton strikes by Ofc. Thompson.  At one point it appears Ofc. Thompson is holding his taser and I’m assuming he just tasered Otto.   It appears the struggle between Ofc. Thompson and Otto continued from one aisle around the corner into the adjoining aisle where another camera shows Ofc. Thompson delivering several more baton strikes.  From then on there are a number of officers present kneeling over Otto. I’m assuming this was when Otto was handcuffed and hog tied.  From then on there are a number of officers milling around but no further baton strikes to Otto are apparent. It’s unclear from the video I watched that Otto was positioned on his stomach although I’ve since read he was.  It’s not clear from the video by whom and when the face mask was applied. Without a clearer video of the initial contact with Otto it’s difficult for me to have an opinion whether the initial baton strikes were justified.  It is apparent the two moved from he first asile to the next.  Now whether Ofc. Thompson was dragging Otto or Otto was moving along the floor is unclear.  Ofc. Thompson clearly delivers several more baton strikes in the next aisle.  Assuming Ofc. Thompson’s state of mind was that he was responding to a possible robbery and this subject was the suspect as described in the call, I do not find Ofc. Thompson’s action shocking in attempting to gain control of the potential suspect even though it was later determined a robbery had not occurred.   Unfortunately the circumstances turned horribly tragic.  I can understand on hindsight that Otto may have not responded as a normal person would to the officer’s commands.  Further the officer apparently was not aware of Otto’s mental disability.  This is an unfortunate set of circumstances.  Once Otto was restrained the officers present had a duty and responsibility to ensure the safety of Otto.  If it’s true that Otto was hog tied and positioned on his stomach and further a face mask was applied that restricted his breathing this more than likely was the proximate cause of Otto’s death.  Hence my earlier opinion that this was definitely a wrongful death but whether this rises to the level of a federal criminal civil rights violation remains to be determined by a jury.

To All:

I just returned from DC and am catching up on the local news.  I just ran across this tidbit in the Inlander by Kevin Taylor (See below).  I was watching the S-R web page while I was away and I can’t say I saw this headline.

Yes, I am a cynic, but with my knowledge of the last mayoral election and the last minute campaign loan of !0K to help finance Hession’s negative ad campaign from non other than Michael Ormsby (I rather doubt this was Ormsby’s own money), I think this is akin to leaving the fox to guard the hen house.  This is much the same as Michael Ormsby being tapped to be US Attorney for the Eastern District of WA which Tim Connor made the astute analogy that this is like  putting Bernie Madoff in charge of the SEC.

There is a commonality here with their very deep associations/connections with the Cowles Co’s interest.  This is all about the water, albeit sewer effluent on top of the Rathdrum Aquifer.   A comment in the recent FORBES article thread [Spokane] Fraud: Scam Capital of America, referring to Spokane as a cesspool may have some truth.

The Rathdrum Aquifer which straddles the Spokane – Coeur d’Alene Region has been designated as a sole source water supply for this region.  This designation has led to the requirement of sanitary sewers  e.g., the Spokane Valley.  This is all related to the water quality of the Spokane River.  Coincidentally the Cowles Co has considerable financial and real estate interests in this area e.g, the Inland Empire Paper Company (2nd largest by concentration of phosphates to the river) and tracts of undeveloped land.  The previous MO of the Cowles Co is to shift the burden of providing this infrastructure onto the taxpayers instead of paying an equitable share up front.  I posted a piece on this before:

‘Sewer Wars’ a Redux – Law extends time limit for Spokane River cleanup

Here’s Kevin’s piece:

In Come the Heavy Hitters

Former Spokane Mayor Dennis Hession is among the handful of candidates with hopes of being presented to the U.S. Senate as a candidate to run the Northwest regional office of the Environmental Protection Agency.

If named administrator of EPA Region 10, Hession would face challenges far greater than potholes and alley garbage collection. There is the ongoing Superfund cleanup (the nation’s largest) in the Silver Valley, as well as melting permafrost and sea ice in Alaska from the effects of climate change and endangered species from salmon to polar bears.

But Hession says he’s ready for that. The problems on a federal level may be larger in scope, but his approach to addressing them will be the same as in City Hall.

“I have things to offer. I have government experience, an extensive legal background. And, as mayor, your two greatest assets are the ability to influence and the ability to convene,” Hession says.

Among known candidates, the frontrunners include former Seattle city attorney Mark Sidran, former state Sen. Phil Rockefeller and Dennis McLerran, director of Puget Sound Clean Air Agency. — KEVIN TAYLOR

UPDATE:

S-R Reporter Becky Kramer now has this article up on the S-R website:

Hession a contender for regional EPA top spot

Former Spokane mayor recently resigned as interim CEO of the Northwest Museum of Arts and Culture

Becky Kramer
The Spokesman-Review

OK this article is only presenting the same info that Kevin did in his article.  When will we get the rest of the story?

Law extends time limit for Spokane River cleanup

[S-R article by Richard Roesler 05-12-09]

Do I detect the hand of the Cowles family yet again?

In case any one’s keeping book the Inland Empire Paper plant  (Owned by the Cowles) by concentration as a point source of phosphates to the Spokane River is second largest contributor just behind the entire City of Spokane. The Cowles Co. was a behind the scenes player in the 80’s  raid on Liberty Lake sewer project that left that city with excess sewerage capacity that the citizens of Liberty Lake were left paying for.  A similar MO?  Read more in the previous post at FOF:

Inland Empire Paper objects to new discharge deadline (A Cowles Company)

and at Rocket’s Brain Trust:

Shades of the Incinerator Project?

I rescanned Larry Shook’s article “Sewer Wars” from the 80’s and it’s more readable. It’s a large PDF file so I’m hosting it on one of my servers.  You’ll probably have to “zoom in” a bit to read it but it’s definitely better than the copy I had before:

Sewer Wars Grass-roots action in a Spokane suburb touches off a sewerage grab by developers, the County, and the state DOE

From an email I just sent out:-)

Prof Glenn Reynolds and other new/alternative media bloggers:

A bleg for a link:-)  Prof. Reynolds this is your concept of An Army of Davids in action to counter big media and governmental bureaucracy.  Unfortunately critical mass has not been reached yet to expose these criminal acts.  This could be an excellent PJTV segment.  See this compelling YouTube video:

‘Deathtrap’

Cowles media dynasty called hub of
organized crime by two former lawmen

Woman died, public threatened because of
government collusion with powerful family, they say

This is a real Shakespearean/Greek tragedy at multiple levels with the death of Jo Ellen Savage in the Cowles’ owned RPS parking garage at the visceral level and the white collar fraud aspect of the elite and powerful that was the proximate of her death. The regional media outlet, The Spokesman-Review, has been thoroughly co-opted by its owners to conceal its criminal acts – a very unique circumstance.

The Cowles own a considerable amount of real estate in Downtown Spokane and their illegal dealings are generally self-censored and/or under reported by the S-R in deference to their owners. So far the perpetrators by owning, controlling and or by extorting the Spokane region’s media market, have been able to keep this major story under wraps.  Without being challenged by an aggressive local newspaper, the public remains uniformed and consequently is not storming city hall with pitchforks and shovels in outrage demanding justice.

The Cowles Co was founding a member of the AP and have served on its board. From the geographic/political isolation of Spokane this remains a company town.  No news leaves this town that the Cowles Co doesn’t control re its AP feed.  If the light of the free world’s press were to shine on Spokane, the Cowles Co stranglehold on Spokane would be broken.  With the new/alternative media the Cowles Co can no longer can control the flow of info out of Spokane.  So hence my bleg for others to spread the word to help us gain critical mass to break this story around the Cowles’ logjam on the flow of information/news.

This story needs to be reported by media outside of this regional market so that the citizens of Spokane will be informed and can take appropriate action to hold their elected and others accountable.  This is like we witnessed in Katrina when folks were stuck on roofs and used their cell phones/newsroom blogs to send messages out of the disaster zone to report their location/condition to rescuers.  An earlier as we witnessed by troops on the ground in Greneda using phone cards to use local phone to communicate critical information that they couldn’t pass on their official gov’t com equipment between the differnce military service branches.

Please note that nationally famous former Sheriff Tony Bamonte from the book Breaking Blue concurs with my assessment and Tim Connor award winning investigative jounalist and former mayor of Spokane, Col. John Talbott (Ret. USAF) join in my request for action by WA Gov. Christine Gregoire

This is now up at my site:

BREAKING – Criminal complaint filed against Spokane Co Prosecutor Steve Tucker

Forbes magazine just release this story.  The door is slowly creaking open. The frauds Mr. Barrett cite are small potatoes compared with the Cowles’ led $100M RPS bond fraud et al :

Fraud: Scam Capital of America

William P. Barrett, 05.06.09, 06:00 PM EDT
Forbes Magazine dated May 25, 2009

Rugged individualism often goes hand in hand with cutting corners. Washington State’s second-largest city is a prime example.

There’s the diploma mill that sold 10,000 phony college degrees to buyers in 131 countries. The $31 million parking-garage bond hustle that snared fund firms Vanguard, Nuveen and Smith Barney. And the many questionable enterprises around the continent that turn for legal and accounting services to firms in the heart of the Pacific Northwest’s Inland Empire. . .
Det. Ron Wright (Retired)

———- Forwarded message ———-
From: rocketsbrain <nar9350@gmail.com>
Date: Tue, May 5, 2009 at 2:59 PM
Subject: BREAKING – Criminal complaint filed against Spokane Co Prosecutor Steve Tucker
To: “Verner, Mary” <MVerner@spokanecity.org>,

Mayor Verner and City Council:

This is not in general release yet.  I thought I would give you some advance notice. As I said in my letter to Ast. AG Scott Marlow I have major ethical and professional concerns with how Mr. Tucker handled this investigation.  To put it bluntly he didn’t do “crap” and buried the Savage case from public scrutiny. I will not let him get away with this.

BTW I have yet to hear from you re my formal demand for an immediate inspection of the RPS parking garage.  The City Attorney indicated that the City would wait until after Tucker made his decision – well that was almost a month ago.

I find myself in agreement with Doug Clark’s column this morning.  Seems to me this topic has more relevance than the safety/sign bus bench issue that you are spending considerable time on.

Det. Ron Wright (Retired)

FOR IMMEDIATE RELEASE –  May 5, 2009

SUBJECT:  Criminal complaint filed against Spokane Co Prosecutor Steve Tucker and others with Gov. Christine Gregoire

Spokane, WA –  A criminal complaint was filed with Gov. Christine Gregoire today by retired police Det. Ron Wright.  Det. Wright is a seasoned criminal investigator having previously worked for Riverside PD, CA for thirty-five years and retired to Spokane two years ago. . .

[See link above re complaint filed for complete text of release]

FOR IMMEDIATE RELEASE –  May 5, 2009

SUBJECT:  Criminal complaint filed against Spokane Co Prosecutor Steve Tucker and others with Gov. Christine Gregoire

Spokane, WA –  A criminal complaint was filed with Gov. Christine Gregoire today by retired police Det. Ron Wright.  Det. Wright is a seasoned criminal investigator having previously worked for Riverside PD, CA for thirty-five years and retired to Spokane two years ago.

Det. Wright is alleging in his criminal complaint that Spokane County Prosecutor Steve Tucker clearly failed to perform an official act/duty thereby rendering criminal assistance (RCW 9A.76.070 – a class C felony) to an ongoing criminal enterprise as led by the Cowles Co in Spokane, WA – owners of the River Park Square and The Spokesman-Review.  From a letter sent to the Governor Gregoire today regarding Mr. Tucker’s decision not to file first degree manslaughter charges in the death of Jo Ellen Savage in the River Park Square parking garage on April 8, 2006:

Formal request for you to call for a complete and thorough criminal investigation by the Attorney General’s Office of the actions of Spokane County Prosecutor Steve Tucker and others or for you to initiate a grand jury investigation of organized crime in the Spokane Region involving members of the Cowles family and elected and public officials.

The factual basis for this complaint is contained in a recent letter by Det. Wright  to Ast. Attorney General Scott Marlow who assisted in a limited review of Savage case material sent to Attorney General Rob McKenna by Mr. Tucker:

The Savage case was no isolated tragic accident. I’m totally at a loss as to how Mr. Tucker can make a rational criminal filing decision without first having a complete and thorough criminal investigation for him to review. . . Mr. Tucker set up the Savage case for failure by not doing his duty as charged by the people. Mr. Tucker’s failure to act ensured that justice would not be served. Mr. Tucker’s decision not to file charges was not just a mere exercise in prosecutorial discretion. When Mr. Tucker’s action is viewed in the light of the totality of the circumstances surrounding the death of Jo Savage it was a criminal act in deference to and furtherance of an ongoing criminal enterprise. . . [Emphasis added]

This letter requests that Governor Gregoire take immediate action:

I am formally requesting that you direct Attorney General Rob McKenna to conduct a criminal investigation into my criminal complaint against Mr. Tucker and others per your statutory authority in RCW 43.10.090 and RCW 43.10.232, or initiate a grand jury investigation of organized crime in the Spokane Region involving members of the Cowles family and elected and public officials. . .

Documents I have provided you corroborate the facts that the Cowles parking garage had and to this day, continues to have life-threatening and serious structural problems that City officials and Cowles family members are aware of and fail to correct.  I request you immediately direct the Department of Labor and Industries to become involved and act to ensure an impartial and credible inspection be conducted of the RPS parking garage to determine if safe for continued occupancy and whether any structural repairs are necessary.

Det. Wright is joined in his request by fellow Spokane citizens Tony Bamonte, former sheriff of Pend Orielle County and subject of the best selling book Breaking Blue, Col. John Talbott (Ret. USAF) former Mayor of Spokane, and Tim Connor an award winning investigative jounalist.

CONTACT INFO:

Det. Ron Wright (Retired)

nar9350 [AT] gmail [DOT] com

[Note:  I’ve had this in draft form since last year and never posted it.  I will have major breaking news tomorrow that will link to this information]

These very significant documents were finally released after much delaying by the City of Spokane.  These documents were sent by the City’s first special bond counsel O. Yale Lewis to Mayor Mary Verner earlier this year.  Lewis intended these documents to be given to former Mayor John Talbott and Councilperson Cherie Rodgers.  It was Talbott that commissioned Lewis to investigate the RPS bond fraud.  Lewis work quickly and concluded there was a civil bond fraud committed by the RPS developers (The Cowles Co) with involvement of certain elected and appointed City officials.

The Lewis documents can be viewed on the S-R server in conjunction with S-R Reporter Jonathan Brunt’s story of November 15, 2008:

Mall garage price-fixing conspiracy suspected

See my analysis of the Lewis documents in this email exchange with Councilperson Bob Apple:

Copy of exchange with Mr. Apple

Robert Apple, Councilmember
City of Spokane
Spokane, WA

Re:  Jo Savage Manslaugher Case & RPS Parking Garage

Dear Mr. Apple,

You are one of the few elected officials that realize the great fraud that was perpetrated on the citizens of Spokane by certain elected/appointed officials at the behest of the developers of RPS.  As you know the O. Yale Lewis documents have now been released for all to view.  Unfortunately the S-R as usual “underreported” the significance of the Lewis documents.  The S-R marginalized Lewis‘ involvement and successful legal strategy that was later borne out in Gary Ceriani’s successful civil bond fraud case and the later IRS report disallowing the tax-exempt states of the RPS bonds.  In my read of the documents and the actions of Laurel Siddoway that followed both to scuttle Lewis‘ second amended complaint and later recommending the settlement of the RPS case over the strong objections of Mr. Ceriani that was withheld from Council before it voted on the settlement, was adverse to the interests of the citizens of Spokane.  Why?

By removing the conspiracy allegations of both Lewis‘ and Ceriani’s cases in chief and dropping the developers as defendants,  this strategy shielded from public exposure the actions of certain elected and appointed officials and thereby accountability to the people.  In my read Siddoway was acting in the best interests of those involved and not of the citizens of Spokane.  Had the conspiracy case been pursued this would have launched a case of “mutually assured destruction”  by the potential defendants as to the culpability of certain elected/appointed officials. Had the conspiracy case been pursued to its logical conclusion, it would have pierced the veil of the RPS  Foundation LLC and all of the assets of the developers would have been available for civil redress by the citizens of Spokane.  There was little downside to this course of action.  Even if the developers attempted to declare bankruptcy of the RPS Foundation, the City would have gained title to the RPS garage at considerably less expense.  Further the developers were sternly warned by the court that bankruptcy was not a legitimate defense in a later related case Bob Robideaux vs. Betsy Cowles et al, The IRS said as much when it said the RPS Foundation LLC was in essence a sham and false front for the RPS developerswhen when it concluded, “the casino was rigged”  re the bonds that were issued “on behalf of” when the IRS held the RPS bonds were not tax exempt.  I was the S-R’s source for the Lewis documents and to his credit S-R Report Jonathan Brunt did file a PDR for these documents.  It was only after considerable effort on my part, did the City Attorney’s Office finally agree to relinquish the Lewis documents.  The City Attorney’s Office knew full well the  import of these documents and was doing everything in its power to prevent their release.

In my opinion there is a clear pattern and practice of the S-R to cover the fraudulent actions of its  owners (the RPS developers) whether they be civil and/or criminal in nature.  The S-R functions as an instrumentality of an ongoing criminal enterprise in Spokane.  Hopefully with the release of the Lewis documents this logjam of significant information that has been withheld from the people will now be broken.  Time will only tell whether the citizens of Spokane will realized that they were the victims of a complex $100M fraud where they were left holding the bag when people in positions of trust were either compromised or looked the other way and allowed this fraud to occur and the citizens will eventually hold them accountable

In the short term the death of Ms. Jo Savage in the RPS parking garage is a chink in the facade of this ongoing criminal conspiracy.  The death of Ms. Savage is part and parcel of the much larger ongoing fraud.  In my opinion the facts and circumstances surrounding the death of Ms. Savage amount to nothing less than a first degree manslaughter under the laws of WA.  No real investigation was ever conducted surrounding this death other than a superficial Spokane PD traffic accident report.  Even though the US Attorney’s Office did not find sufficient criminal intent on the part of those involved to warrant indictments, it felt compelled to turn over certain evidence regarding the Savage death that it acquired using the power of grand jury subpoenas to County Prosecutor Steve Tucker for review under state law involving negligent deaths.  Other than the initial S-R article, Mr. Tucker has been very quiet as to what he is going to do with this case.  The statue of limitations on this case will run next April.  For various political reasons I believe Mr. Tucker will allow the time to run without finding sufficient cause for filing a criminal complaint which would preclude other credible investigative agencies from pursuing this case any further.  This would be a travesty of justice for the people of the State of Washington.  I could be wrong.

I have written both the State Attorney General’s Office and Governor Gregoire and requested that they exercise their statutory powers to remove this case from Mr. Tucker’s Office.  These letters are attached.  Please share this information with anyone you believe who can hold Mr. Tucker accountable to ensure he faithfully carries out his oath of office to the people of the State of Washington to conduct a credible transparent investigation and or  he refer the Savage Case to the State Attorney General’s Office to remove any potential for conflicts of interest in this case.  The people of the State of Washington and the family of Ms. Savage deserve no less

Sincerely,

Det. Ron Wright (Retired)

[Email reply from Mr. Apple 12-02-08]

All interested and Ron Wright:

Thank you for your correspondence and I believe you are correct, in your assertion that County Prosecutor Steve Tucker will not take any meaningful action, as you imply in this matter.  Honestly, I have not seen any responsible government action to freely expose for the public what had been found by the attorney’s Lewis or Ceriani and the resultant harm expressed to have made at the least, a financial loss for the public.  Clearly the financial harm is one thing but, the flawed structure of our government means it could happen again unless fairly and completely vetted with public input so as too, make necessary changes and protections.  It is one thing for me to recommend, from within and with still protected knowledge for specific change however without review of all the evidence contained in the files of the RPS matter the whole public can never, really become familiar to affirm any recommendations for public protections and mine languish.  That leaves open, a constant danger of this once again happen and that cannot be or, should not be acceptable.

I believe, all aspects of the RPS public/private partnership are concluded legally, a this point.  And as a result, all records should be released to the public with the local government instituting appropriate hearings of review timely and to make as necessary changes or rules, if deemed appropriate.  As for the situation, resulting in the death of Mrs. Savage I believe law enforcement detectives or other perhaps building official personnel would have to give recommendations for requested legislative changes and would look forward, to such reviews and discussions.

I believe these are serious matters, as many others to our community and have languished far to long already and deserve public input to attempt, precluding such results in the future.

Bob Apple

[Previous eply of 07-14-08]

Ron Wright:

It became a clear fraud, when the IRS disclosed it to be so and then only the SEC stepped in to protect the Bond Holders, where was the AG then?  Conversion of public funds was clearly expressed and yet the US Attorney did nothing.  In my mind, much more corruption has ensued since that point and the public bill only grew rapidly as it did with the electrical public supply companies and FERC’s collaboration to clearly defraud the public and the truth only came from one victim agency, that took it through the courts.  Seattle Puget Power and Light, exposed such corruption from the top of our federal government and through it’s agencies that telling the truth or even correcting the fraud apparently, is not always allowed.  After all, the ratepayers from California and across the country including little Spokane are still paying the inflated electric bills, brought to us in fraud.

I believe, you are absolutely correct that the case was gutted by the Powers Administration and there are lots of friends and buddies on every side but, the publics.  Even now, there are enough newer people continually brought in who want through complicity for this kept, bottled up to stop the talk.  But unfortunately, I also believe we will not see any government entity take responsible actions for the public and that is truly embarrassing, as an elected official who really tried to gain the public a voice with force.

I nor Mrs. Rodger could, figure out how our fellow councilors could vote as they did and in spite of the fact that we were lied to and had evidence, intentionally kept from us.  Thanks to Sherie, some of the attempted lies were exposed in deliberative remarks but still the apparent fix that included a public bailout, was pressed.  I think Robideaux, was assured a pay off so they had to have the City settle with him first and for little from insurance so they could allow the court to find him a big reward, to retire and his mouth.

What’s changed, I see single bidder contracts excepted without question or concern with none of my questions answered and brought forward and passed, you are the loser!  Single provider contract, allowed with little question and clear collusion from our personnel that leads me to no other than, the obvious conclusion.  Yes, I have reported many such situations this year alone to State officials and still hope, this can be curbed.  I could tell you, that I think someone intentionally altered a safety computer program at the Waste Treatment Plant a couple of years ago that resulted in a death and subsequent commitment to, a half billion dollars in improvements.  How much time do you have to commit to do what the proper officials seem to be complicit in?

I do not, want you to get discouraged and hope you keep on task but it never, seems to stops around here.  What is needed, is for more honest people in elective office who will not be subject to what you and I have seen, time and again.  Can you honestly, tell me you trust your Congress lady, County Commissioners or State Legislators or lesser Office Holders well if not then, it is a bigger problem and will only change with them.  Perhaps, you should run next year and encourage some friends too, as well!

Good morning.

Bob Apple

To All:

My professional assessment re the RPS parking barriers, AKA spandrels, meeting “building code/standards” is a red herring as claimed by Co Prosecutor Tucker and others as a justification for not filing criminal charges in Jo Savage’s death in the RPS parking garage.    This reasoning is specious and fallacious as I explain below.

There were multiple barrier failures over the FIFTEEN years preceding Savage’s death.  The owners of the parking garage were fully aware of this imminent public hazard and did nothing to remedy/mitigate this hazard.  What value are building codes and/or standards if they fail to protect the public.  The barriers were failing even whether they met standards “as designed” or “as built.”

. . . if the barriers are presumed to meet any standard, they have failed numerous times and Savage died.  The “standards” are meaningless if they fail to protect the public.  Mind you two cars broke barriers and were left hanging precariously on their undercarriages in the 1990s.    This is a ruse.  At some point “common sense” must kick in – the barriers are failing. [my emphasis]

Mr. Tucker’s finding that there was “insufficient evidence” to prove this case beyond “a reasonable doubt” is a self-fulfilling prophecy of Mr. Tucker’s own doing.   There was no complete and thorough criminal investigation that was taken to its logical conclusion that could have gathered the necessary evidence to meet the criminal reasonable doubt standard.  Mr.  Tucker and others structured the investigation and review of Savage case so that probative questions were not asked that could have implicated the owners.   Mr. Tucker refused to empanel a grand jury to compel testimony from complicit and/or intimidated witnesses who may have provided the lacking evidence.  I agree with Steve Eugster this “investigation was a “sham” and a “whitewash.”

Ron the Cop

[See the following email discussion]

On Sun, Apr 5, 2009 at 1:16 AM,  wrote:

Ron: So what is the opinion now of your insiders re: no code violation? Berne.

———- Forwarded message ———-
From: rocketsbrain
Date: Sun, Apr 5, 2009 at 2:50 PM
Subject: Re: No Code Violation

Berne,

FYI – This is my initial assessment of what we have just witnessed with Tucker’s decision not to file any criminal charges in the Savage manslaughter case.  I am sharing my assessment in the open.  Our law enforcement community failed to do their job that WE THE PEOPLE have empowered them to do. Our political /governmental systems are so thoroughly co-opted/corrupted, they are dysfunctional and are incapable of carrying out their missions that the people have charged them to do.

Further in the RPS bond fraud our elected/appointed officials in essence allowed/ignored a “con game” that swindled the public treasury of some $100M.  The public “bailed out” this fraud with the issuance of a second set of bonds that is draining $2M per year in public revenue to service the debt.  The IRS in as much said so in their condemning and damning statement disallowing the tax exempt status based on the facts/circumstances surrounding the issuance of the first RPS muni bonds as a sham, “the casino was rigged.”  The Savage death is only a small part/act of this much larger organized criminal activity.   The illegal acts of this organized criminal activity were the proximate cause of the death of Jo Savage.  The motivation is economic greed and acceptance of unacceptable risk to the detriment of the publics’ financial interest and safety.  The operative question will there be more deaths because of the dysfunctional nature of our government.

The people must have a judicial remedy/redress to hold those who have failed us “personally” liable and accountable for their criminal acts so the people can act to excise this cancer from our midst to restore a civil/functional political /governmental environment.

Det. Ron Wright (Retired)

*****

I don’t know what the others think but probably share my views.  This “meeting standards” of these barriers is all “smoke and mirrors”, a slight of hand, blowing smoke to conceal the real facts, and/or a red herring.  Eric Looney at KXLY was the only one who picked up on what Tucker and others were saying and counter with my expert opinion (see video at right side of page) re the lack of a complete and thorough criminal investigation that was taken to its normal and logical conclusion because of co-option and/or corruption.

First even if the barriers are presumed to meet any standard, they have failed numerous times and Savage died.  The “standards” are meaningless if they fail to protect the public.  Mind you two cars broke barriers and were left hanging precariously on their undercarriages in the 1990s.    This is a ruse.  At some point “common sense” must kick in – the barriers are failing.  This was the finding of the Hinzman-Atwood engineering report in 1993 that the owners commissioned.  While the barriers may meet some loading standards as designed/ as built, they fact remains that they were failing with regularity.  In short the barriers will fail and install steel cables to prevent vehicles from striking barriers. The owners were full aware of this and did nothing for FIFTEEN years up until the Savage death.   This is very clearly laid out in Rex Franklin’s sworn statement in the Savage civil wrongful death action.

Second – I  go with Eugster that these “barriers” do not meet the “definition” of “vehicle barrier” in 2003 IBC because of their unique cantilevered design where most of the weight is hanging out over the actual garage floor.  While the wall face may meet the compressional/force/loading standard, this force is not directly transferred to the structure but multiplies/force leverages the applied force to the fulcrum point at the edge of the garage floor.  This is the exact point where the barriers fail. This is “Eugster’s” point.  Ast. AG Marlow was alluding to this in his review of Tucker’s submitted material but set this issue aside because of their “limited review” and that the AG’s Office was precluded from conducting it’s own independent criminal investigation.

Also another nuance that no one has reported is Marlow said there was not enough evidence re the corporate/officer direct knowledge re this “defect.”  He went with the WJE this was a “concealed” defect that the owners could not know.  I strongly disagree with this point if Marlow did read the engineering reports.  I find Marlow’s finding not in line with the facts.  What I do agree with Marlow is there is Little or no EVIDENCE/TESTIMONY to link the owners based on their direct knowledge of this know defect.  This was backhanded slap by Marlow at Tucker for not doing a full, complete, transparent criminal investigation that would have found this evidence in my opinion e.g., grand jury compelling key testimony from Beringer, Dragisich, Robideaux, Pupo and others who may have had this personal knowledge and given the necessary evidence that would have proved the owners’ knowledge beyond the “reasonable doubt” burden.  In other words personal knowledge that Stacey and Betsy Cowle knew of this imminent hazard, took no action to remedy/mitigate this hazard for economic reasons (RPS bond fraud off this liability onto the City).  THEY DID NOTHING FOR FIFTEEN YEARS – the Savage death was very foreseeable consequence of these ongoing barrier failures and was preventable.  Tucker by his “inaction/passivity” “loaded” the deck and “structured” the outcome of the Savage case re “insufficient evidence” to meet the criminal “reasonable doubt” standard in the Savage manslaughter case.  There are many parallels here with Tucker’s and US Attorney Jim McDevitt’s inaction/passivity re the RPS bond fraud.

There are compelling grounds in my mind for charging Tucker with malfeasance in office. His statement – the Savage case was not difficult to do is untrue.  The reason why it was “difficult” is no one wanted to do their job and in essence turned a blind eye on Savage’s death.  No one wanted to ask the probative questions and take Savage’s criminal investigations to its logical conclusion. This is the organized crime nature of the RPS bond fraud/Savage manslaughter case – the expected behavior/deference to the Cowles family.  This is BS.

Agreed the RPS bond fraud would glaze one’s eyes over however certain aspects could be brought in for “icing on the cake”.  These would be the “con/fraud” – the inflated price of the garage, laundering of $10M of money into the Cowles’ family pocket (Conversion and or gift/theft of public funds), and the sham of two sets of books. fulling depreciating this structure with the motivation of offing this serious liability (failing barriers) onto the City.  This would be evidence of the motivation of the garage owners’ for their failing to act to remedy/mitigate this imminent public hazard.

The design issue if the “barriers” were at the edge of the garage floor it would limit floor space probably by two feet.  This would interfere with the turning radius on the floor and limit parking.

A potential fix would be to install steel cables out on peers just inside the inner surfaces of the barriers to prevent contact from vehicles.  The “barriers” then only would have to resist gravity and wind loading.

However if what Rudd says is true about the lower existing floors and the “crap” concrete that was used in the new section the whole structure may be compromised.

The bottom line of the “inspection” issue is where are the concrete test results of the concrete during the expansion.  The inspection issue is more of a paper exercise.  The test results would be the best forensic evidence.  Since Rudd says he didn’t witness any concrete sampling then either they don’t exist or if the city has records they are fraudulent/counterfeit.

So this comes full circle back to doing a “hands on” on sight inspection by a credible entity that is not co-opted by the city or the Cowles.  Mind you a new failure and civil liability would only be by preponderance and not the criminal “reasonable doubt” standard.  This is why I believe the City must compel an immediate inspection as allowed by Rudd or they are going to be up “poop creek” if there is another injury do to another structural failure.

Ron the Cop

*****

Steve Eugster to me,

show details 4:43 PM (1 hour ago)

Reply

The problem with the so-called barriers is the fact,  I emphasize fact, that many of the barriers have failed.  What is the reason for the failures?  They do not do what the so-called specialists say they should do.  Why?  Probably because the rebar, end to end through the curve, is not in the center of the concrete.  It is on the outside!  At least, it was on the outside in the case of the barrier which failed in the death of Jo Ellen Savage.  This was readily apparent in the pictures of the failed panel. If there is another panel with this defect there will likely be another death in the course of time.  To my knowledge the panels in place have never been tested to see where the rebar actually is in each of the panels.  This is the real danger, this is where there should be reason for real inspection of each panel.

Steve Eugster

*****

Actually in the last WJE study they used “ferroscanning” to measure the depth of the rebar from the inside surface. This was the ongoing debate between WJE and LSB the firm the City hired to review the retrofit engineering data. This is where the average of the panels was about 3.4 inches.  All beyond the ideal placement.  I would speculative [sic – ate] if you measured the depth at the “curve” as Eugster says it’s probably near the outside of the curve and provides little support.  From my readings there really was no effort to maintain the optimal placement in the “curve” as this would require substantial more work and rigging of the rebar to keep it in place during the pour.

Ron the Cop

To All:

This is a dark day in the history of Spokane.  Our elected and appointed officials have failed we whom have empowered them to govern on our behalf.  This was a simple case to prove.  There is compelling probable cause to file this case.  Tucker failed to do his job.  No complete and thorough criminal investigation was ever done that would have obtained key testimony that would have made this case.  This is basically putting the cart way before the horse.  Tucker has no basis for making a rational filing decision without the benefit of such a criminal investigation.  This case warranted prosecution in front of an impartial jury that could render a verdict whether guitly or not. Tucker’s action (lack of action) precluded the compelling evidence from being presented in open court in front of a jury.  This is a travesty of justice for the citizens of Spokane.

Tucker’s press release

Ast. Attorney General Marlow’s letter to Tucker.

My formal response to AP Reporter Nick Geranios:

April 3, 2009

Nicholas Geranios
AP reporter – Spokane, WA

RE:  Press Release from Co Prosecutor Tucker – No criminal charges in Savage manslaughter case

Dear Mr. Geranios

Thank you for soliciting my comment concerning the failure of Spokane County Prosecutor Steve Tucker to investigate the April 8, 2006 death of Jo Ellen Savage in the River Park Square parking garage as first-degree manslaughter.

By way of introduction and as to why I am qualified as an expert to have a professional opinion in the Savage case.  I am a recently retired law enforcement investigator having served for thirty-five years in a large Southern California City – Riverside, CA.  I have worked or assisted in many diverse investigations including thefts, burglaries, robberies, sex crimes, and homicides.  I have worked complex cases involving ongoing criminal conspiracies; economic, financial, political conflict of interests crimes, fraud, forgery, and ID theft related crimes as well as high tech computer related crimes. I graduated number one academically from a California POST basic academy and posses a CA POST Advanced Certificate.

I have a graduate degree in administration from the University of California, Riverside, including course work in public planning and financing.  I have an undergraduate degree in political science from California State University, Fullerton (With honor).  I have an AA degree in the police science from Riverside Community College (With distinction). I am a two-term president of the Riverside Police Officers’ Association.  I was a multi-term president of a statewide investigators association that dealt with the complex financial regulation and enforcement of state laws of collateral lenders (pawnshops) in the State of California. I also served as a planning commissioner in the City of Grand Terrace, CA (See attached vitae).

I successfully investigated hundreds if not over a thousand criminal cases some of which included complex criminal conspiracies.  I worked closely with our district attorney’s office to file and successfully prosecute these cases.  I’m totally at a loss as to how Mr. Tucker can make a make a rational criminal filing decision without having complete and thorough criminal investigation to review. No such investigation to my knowledge has been done into her horrifying death in the RPS parking garage as thoroughly documented in Larry Shook’s reporting at Girl from Hot Springs.  Reliable sources have told me that key witnesses have never been interviewed. In my professional opinion all of the law enforcement agencies with a duty and responsibility to conduct such an investigation have failed to act as legally and ethically required. They have all turned a blind eye to the overwhelming evidence supporting the criminal  prosecution of Ms. Savage’s death. Based on my professional law enforcement experience, I believe this conduct perpetuates the deeply entrenched public corruption in Spokane that revolves around the Cowles family’s abusive media practices. As has been well established during the River Park Square scandal, the Cowles family punishes critics of its business practices with critical editorial content and effectively rewards its co-conspirators with favorable editorial content or editorial content that skillfully obscures evidence of misconduct. For evidence of this pattern of practice, please see my comments in “Deathtrap” at www.girlfromhotsprings.com  in deference to or from fear of retribution/retaliation from the Cowles family.

I recently wrote Mr. Tucker expressing my dismay as to his conduct.  I presented him with additional information regarding the “rebar” placement in the concrete spandrels in the RPS parking garage.  It was one of these spandrels that failed, killing that caused the death of Ms. Savage.  This hazard, as abundantly documented, was well known to the owners of the parking garage for some FIFTEEN YEARS and they did nothing to mitigate this hazard because of economic reasons. This is simple prima facie evidence of reckless disregard for human life on the part of the Cowles family, which is the relevant first-degree manslaughter legal element in Ms. Savage’s death.  Further, the Cowleses clearly dumped this hazard on the City of Spokane without the public’s knowledge.

Please consider, the city entered into what the IRS labeled an appraisal “scheme” to launder in excess of $10 million dollars more that the garage was worth into Cowles real estate companies. One would think that for such a generous payment the Cowles family would have turned over a state of the art facility to the city, and certainly one that did not threat to kill its patrons. Instead, the Cowleses turned over a facility that several engineering studies show was in an advanced state of decay. Moreover, the 1993 Jacobson study, commissioned by the Cowleses themselves, showed that the garage’s barriers represented a deadly hazard. Did the Cowleses disclose that study to the city as part of the River Park Square “public/private partnership?” If they did, there will be a public record of that. That record will have clearly created a duty on the part of the City of Spokane to protect the public from the hazard that killed Ms. Savage. If the city had that information and did not act on it, that failure of ordinary care makes the city directly responsible for Ms. Savage’s death. If the Cowles family failed to inform the city of the Jacobson warning, it underscores the culpability of specific Cowles family members in the first-degree manslaughter death of Ms. Savage.

Please note: former City of Spokane real estate manager Dennis Beringer insists that the city was never informed of the Jacobson warning. However, Mr. Beringer says he did perform an assessment of the RPS garage’s condition, under assignment from the city council, and found the garage in such serious disrepair that he refuses to park in it himself because he regards it unsafe. You should be able to obtain the Beringer garage report from the City of Spokane, according to Mr. Beringer. Mr. Beringer may be contacted at 789-4302. The Cowleses, of course, have maintained that the spandrel that failed and killed Ms. Savage met building code. That their own engineer had informed the Cowleses that they should assume all the garage’s barriers would fail, and that the Cowles had been replacing as many as three failed barriers annually for many years prior to Ms. Savage’s death, according to former Cowles garage manager Rex Franklin (Sworn depo in Savage civil case) underscores the Cowles family’s callous disregard for public safety. I brought this matter to Mr. Tucker’s attention and he simply ignored it, a clear dereliction of duty, in my opinion. they attempted to off load this liability to the City of Spokane in the RPS bond fraud et al. The issue of these spandrels meeting building code standards is a red herring as I explained to Sheriff Knezovich and Chief Kirkpatrick in a discussion with Robert Rembert, the attorney that represented the Savage family in the civil action, that I included in my email to Mr. Tucker.

In another email I wrote to Mr. Tucker:

I won’t bore you with the details yet again, but it is my professional opinion based on my training, education and experience that there is very strong, compelling probable cause based on the facts and circumstances surrounding the death of Mr. Jo Savage in the RPS parking garage to file a criminal complaint for 1st Degree Manslaughter (RCW et seq.), brought to trial and prosecuted in front of an impartial jury. This case needs to be tried and let a jury decide guilt or innocence and no one else.   Specifically to charge those that had direct knowledge of an imminent public hazard, that failed to provide ordinary care and/or due diligence to garage patrons by remedying and/or mitigating this hazard that was the proximate cause of Jo Savage’s horrifying death.

. . . Admittedly there are many both private and public persons alike that had a hand in Savage’s death, the persons who should be charged are those with direct knowledge of the repeated barrier failures, the two known vehicles that hung precariously over the edge in the 1990’s,  Atwood-Hinzman engineering report’s recommendations and other engineering reports over the ensuing years, and for economic self-interest reasons failed to act.  This is a very small group.

The Savage case is not complicated.  It is an easy case to present to a jury which can easily understand the evidence and render a verdict.  The Savage death case is the Achilles’ heal of this criminal enterprise.  Savage’s death in my opinion is only one of many illegal acts committed by or on behalf of this ongoing criminal enterprise/ conspiracy led by the Cowles Co. . .

The real issue of whether the RPS garage is safe for occupancy continues. To me this is a much more important issue than whether Mr. Tucker files any criminal charges. We’ve already had one death in this garage.  Is there any assurance to the public that there will be no further structural failures.

In my opinion there has been sufficient concern raised that the City should compel the immediate impartial inspection of the RPS parking garage as per Steve Rudd’s opinion as reported in the Girl from Hot Springs to determine if the RPS parking garage  is indeed safe or not for continued occupancy.   To do otherwise considerably raises the stakes and potential liability to the City should there be another death/injury occur.  As a stakeholder in the City who will ultimately have to pay for any civil damages, I would expect those whom the citizens of Spokane have chosen to govern to error on the side of caution.

I have previously stated on several occasions that I consider the criminal evidence surrounding the entire RPS project to suggest that Cowles family activities, and local government’s accommodation of them, constitute a pattern of organized crime. Prosecutor Tucker’s failure to bring criminal charges concerning Ms. Savage’s death reinforces my opinion. I consider his actions to be a terrible black eye for law enforcement in Spokane. Even worse, Mr. Tucker’s failure to act leaves the citizens of Spokane vulnerable to one of the most serious criminal menaces I have ever encountered in my thirty-five years in law enforcement.

Neither I or my family will be parking in the Cowles garage until it is proven safe.

Det. Ron Wright (Retired)

SCROLL FOR UPDATE

RTC AKA RBT returns from the “undead” and posts the following comment in the S-R Blog “A Matter of Opinion” re the not guilty verdict in the Jay Olsen Spokane PD shooting case.  For newer readers RBT was banned for life from S-R blogs by former S-R Editor Steve Smith for his incessant ankle biting re the RPS bond fraud and the related Savage manslaughter case.  I was only seeking the truth ala Lt. Columbo and Smith finally had to drop the axe as the truth was leaking out adverse to the interests of the S-R’s owners.

ChefGus,

Nice to see you’re back in town. Just a little perspective from my point of view. I haven’t spoken with anyone inside the PD on the Olsen shooting. I’ve just read the S-R reports and listened to Mark Fuhrman when his show was on.

Olsen was way out of line re police policy/procedure and tactics. If the jury had decided to hold him to the level of a police officer they should have convicted at least for “reckless endangerment.” Without sitting in court and hearing the evidence I’m speculating the defense was able to convince the jury to hold Olsen accountable to the standard of an ordinarily citizen. Of course the testimony of the dispatcher saying Pete admitted to taking the car gave rise to some reasonable doubt (Mind we have another tape missing). It then comes down to state of mind of Olsen and what he believed Pete was doing that caused him to be in imminent fear for his life. The defense apparently was able to sway the jury in this direction. The jury is what the jury is and whether good or bad brings the perspective of ordinary citizens into our criminal justice system.

In my 35 year tenure as a police officer we lost six officers alone from gunshots. This is not to mention many more from surrounding agencies. Hesitation can kill. On the other hand Olsen did not display good tactics and judgment that somewhat precipitated the events.

Don’t get me wrong the Spokane PD is in need of major reform but from what I’ve seen the majority of street cops I’ve seen are hard working and trying to do a difficult job for many different constituencies. If there is anyone to find fault with I would look at the County Prosecutor’s Office for not making a compelling case in front of the jury. You are very well aware of my concerns re this office involving another manslaughter case that they are currently dithering on whether to file.

UPDATE:

S-R Columnist Doug Clark has this column up today.  I posted this comment in the discussion thread:

Chef Gus,

I couldn’t agree more. County Prosecutor Steve Tucker is an elected County official. The prosecutor in this case is an employee of and responsible to Tucker. The Board of Commissioners has no authority over Tucker other than approving his budget. Tucker is elected to office because no other credible candidate have chosen to run against him. Tucker has been backed by the S-R twice so far when running for office. I’m told on most days you can have an audience with Tucker at the 19th hole of the Downriver Golf Course or The Globe. Doug has commented on Tucker’s activities in the past. Does that give you some insight:-)

I posted a related comment in Camden’s thread the other day and will post as a separate comment here as it is relevant. In the meantime here’s an email I sent to Doug Clark re his assessment of the prosecutor and my opinion of Tucker’s job performance

*****

Doug,

I don’t know if you saw my post at “A Matter of Opinion” but sometimes we do think alike:-). As you are aware there is another important case that the Co Prosecutor’s Office is currently dithering on. Steve Tucker has sought a limited review of this case by the State AG. I’m smelling a setup here and will post an analysis later. Bottom line is no one has done the underlying criminal investigation that is necessary. Key witnesses have not been interviewed. See my followup letter to Sheriff Knezovich and Chief Kirkpatrick … http://friendsofmarkfuhrman.org/blog/…

Based on my professional experience there is strong probable cause for issuing a criminal complaint. This case needs to go to trial so that a jury can weigh the facts and decide if anyone is guilty of manslaughter. Steve Tucker shouldn’t be allowed to dump this case. Those who have responsibility for doing a criminal investigation are all passing the ball around the bases without throwing the ball to home plate.

 SCROLL FOR UPDATES

[Note: Slightly edited to correct syntax error]

HT Hot Air

Where have we heard this before:-)

Ron the Cop

Maxine Waters intervened with regulators to protect personal investment

posted at 10:48 am on March 13, 2009 by Ed Morrissey
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Rep. Maxine Waters (D-CA) intervened with regulators on behalf of a bank to which she had personal financial ties, the Wall Street Journal reports.  Waters also greased the skids with Treasury to get the bank a meeting it desired.  Waters and her husband own as much as $500,000 in OneUnited stock . . .

UPDATE:

I just received this comment from Larry Shook an award winning investigative reporter on a related note re the nomination of Michael Ormsby to US Attorney for the Eastern District of WA.  This all goes to the credibility of those whom we choose to govern.  From my street cop mentality there are folks from both sides of the aisle that need to go to jail.  And I wouldn’t overlook folks at the SEC who were asleep at the switch for a decade for unk reasons after receiving prior ample warnings of  Madoff’s $50B Ponzi scheme.

Ron the Cop

*****

Ron:

I see in today’s Wall Street Journal that President Obama’s approval ratings have dropped substantially since he took office. ((“Obama’s Poll Numbers Are Falling to Earth,” p. A11). “The president’s approval rating is below George W. Bush’s in the same period of 2001,” note the authors of this opinion piece. Mike Ormsby epitomizes the spectacular corruption that has sucked the U.S. and global economy through a worm hole toward some part of the financial/economic/political universe we can’t now know. The evidence recently provided the Obama administration by former mayor Talbott, former councilwoman Rodgers, former sheriff Bamonte, and award-winning journalist Tim Connor proves this. As Mr. Connor has said, appointing Ormsby to be a U.S. attorney would be like installing Bernie Madoff as Treasury Secretary. If President Obama approves Ormsby’s nomination to be U.S. attorney for Eastern Washington, I fear it will portend disaster for the Obama administration–and for a global community that desperately needs his administration to succeed and govern capably. Let’s hope our new President is at least well enough qualified for office to avoid a fiasco like this. The evidence is simply overwhelming that Ormsby, and his many co-conspirators in the $100 million public funds River Park Square fraud should be wearing orange jumpsuits, picking up cigarette butts along country roads. God help us if President Obama allows Ormsby and his ilk into public office. Anyone wishing to review the case against Ormsby can contact Tim Connor at the email address above. I’m sure he would be happy to share the letter Mayor Talbott, Councilwoman Rodgers, Sheriff Bamonte and he recently sent to President Obama [Note: letter is posted here].  Anyone wishing a quick orientation in the corruption in which Mr. Ormsby remains a central figure can see “Deathtrap” at www.girlfromhotsprings.com. All recipients of this email are free to circulate it as they choose.

Best wishes, Larry Shook

*****

UPDATE II:

Larry Shook wrote back re the SEC also turning a blind eye on the Cowles RPS bond scam in Spokane, WA:

Thanks, Ron.

Re the SEC’s culpability, I still have the tape of the 8/31/98 Spokane City Council meeting at which Pennsylvania attorney Mark Schwartz presented to the council the RPS complaints he had filed with the SEC and IRS. By simply acting on Mr. Schwartz’s complaints–in other words, doing their jobs–these agencies could have prevented the RPS financial fiasco, and perhaps the 4/8/06 death of Jo Ellen Savage in the RPS garage. Mr. Schwartz, of course, has a national reputation as one of America’s foremost authorities on the corruption that has long plagued the municipal bond industry. As our current crisis shows, unchecked public corruption is one of the deadliest enemies this nation faces. By the way, I think the Madoff Ponzi scheme is now estimated at $65 billion, and I understand Justice seeks to recover well over $100 billion.

Larry

For those interested in reading a succinct summation of the RPS bond fraud as led by the Cowles Co (Owner of the Spokesman-Review and the RPS mall and parking garage) and the direct involvement of US Attorney nominee Michael Ormsby in this bond fraud, read the letter that Tim Connor (investigative journalist), Cherie Rodgers (Former Spokane City Council member), John Talbott (Former Spokane Mayore), and Tony Bamonte (Former three term Sheriff of Pend Oreille County, WA and nationally known for solving the longest active murder case in the US – Breaking Blue) sent to President Obama in opposition to Obama’s selection [ See excerpt below].  As Shook noted Connor retorted:

As Mr. Connor has said, appointing Ormsby to be a U.S. attorney would be like installing Bernie Madoff as Treasury Secretary.

And lets not forget this political corruption in my opinion directly led to the horrifying death of Jo Savage in the RPS parking garage in 2006.  The statute of limitations on this case will toll on April 8, 2009.  Spokane County Prosecutor [Steve Tucker] is still dithering whether to file manslaughter charges in this case.  As Sheriff Bamonte and I have said on multiple occasions, it is our independent opinions that the facts and circumstances surrounding the Savage death amount to a 1st Degree Manslaughter under WA state law with the owners of the RPS parking garage being the principal suspects.  It is our belief Savage case needs to be filed and go to trial.  A jury should decide the guilt of the parties involved and not be brushed aside by a prosecutor that can be politically swayed by the Cowles.  See the very damning archive photo below from the S-R that is direct evidence that the owners of the RPS parking garage knew  of this imminent public hazard and failed to act over some FIFTEEN years until Savage fell to her death after one of these parking barriers failed in a similar manner. The S-R Editor Gary Graham attempted to kill this photo on Shook’s Girl from Hot Springs website two days ago.

And finally let it be known to all involved that have chosen to ignore their oaths of office and responsibilities to the citizens of Spokane that I’m as serious as a “heart attack” that I fully intend to bring a civil class action RICO lawsuit to root out this political corruption in Spokane:

. . . That question goes to the second reason Wright says he planted the seed of RICO: he wanted to telegraph his own plans. He quotes from the Civil Recourse section of RICO under USC 1962: “Section 1964 (c) permits any person whose property or business has been injured by a RICO violation to recover treble damages, plus costs of the suit and reasonable attorneys’ fees.”

“I have now documented that I have made multiple requests of law enforcement and government officials to do their jobs and properly investigate the evidence of RPS-related crime that I have provided them,” says Wright. “I’ll give them a chance to do their jobs. Because of the statute of limitations on Savage’s death, they don’t have much time left. If they don’t do their jobs, I intend to bring a civil RICO action against the perpetrators of River Park Square, which includes every complicit public official. I’m now in the process of searching for representation from a major class-action law firm.”

[Complete text of letter is posted here]

March 9, 2009

President Barack Obama
The White House
1 600 Pennsylvania Avenue
Washington, D.C.20500

Senator Harry Reid
Majority Leader, U.S. Senate
522 Hart Senate Office Building
washington, D.c.20510

Senator Patrick Leahy
Chairman, Senate Judiciary Committee
433 Russell Senate Office Building
Washington, D.C.20510

Dear President Obama, Senator Reid, and Senator Leahy:

As citizens and former elected otficials from Eastern Washington we are writing to request that Mike Ormsby’s name not go forward for confirmation as the next U.S. Attorney for the Eastern District of Washington.

Because of his central involvement, over a three year period, in the fraudulent River  Park Square garage transaction, Mr. Ormsby’s appointment would be a serious mistake both for Eastern Washington and the nation. At a time when it’s vital that the Justice Department send a message that it will not tolerate private fraud and public corruption, Mr. Ormsby’s appointment would send the opposite message.

Given the well-documented facts about the River Park Square garage fraud and Mr. Ormsby’s role in organizing and facilitating the debacle, and the fact that he was publicly accused by the IRS Office of Professional Responsibility of unethical conduct barely a year ago, it’s stunning that he was nominated for a U.S. Attorney’s position.

Background

Public corruption was at the heart of the River Park Square transaction. The beneficiary  was the Cowles family, which publishes Spokane’s only daily newspaper, owns its NBC- TV affiliate, and has vast private holdings in the Spokane-area, including valuable real estate in the City’s downtown core. . .

Former garage manager Rex Franklin secures damaged portion of barrier at RPS garage after vehicle impact (Dan Pelle file photo/ March 11, 1991 – Spokesman-Review)

UDPATE III:

Michelle Malkin has now weighed in on this debate regarding holding the crooks accountable:

Culture of corruption: Banking hypocrite Maxine Waters