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Friday, January 21, 2005

Comments

Jax

Talk about ppl "getting off" in court!!!!

Bj

That is sick. I Have never heard of such a thing. This takes the cake. The sad part is that this man needs help. And he's going to be treated like a criminal instead. We all do it in private, so I am not condemning him for doing it, but I am obviously against him doing it there!

John Stone

So much for "family values" in the courtroom ... I linked this to my blog ... thanks...

Kraven Morehead

I don't see what's wrong with that. He's a republican. That's what they do.

Peter Hardin

jurors reportedly became suspicious when the judge
ordered Caribbean takeout for their lunch and the
only two choices were Jerk Chicken and Pulled Pork.

Wankers Aweigh

Will "Whooshing Sound--the Movie" star Peewee Herman?

Rick Biesada

It's good to see Judge Thompson getting the exposure he seeks. Now lets go after the rest of these creeps who fornicate our laws.

James

I live in the town where all of this happened. The town is Sapulpa Oklahoma, and the county is Creek county, but you may know it as CROOK county. I don't know if he is innocent or guilty. I have spoken with him personally about my own case. He was actually the judge that was on my case. He is a good man and it's really hard to understand that if these people knew he was doing this, than why did they wait soooooo long to say anything? There is a reason and knowing how crooked this town and this county is...I bet it someone had it out for him and now suddenly this all comes out...real or unreal. Trust me....I have been here for 5 years and my life has gone down hill. I have heard that the Sapulpa Police Department had it out for him because he was NOT cooperating with their crooked ways of "police work". This is how crooked our police officers are. A man is being arrested in his house. He supposedly puts his hid through a window...killing himself. Now understand that he is handcuffed and there are 2 or 3 officers on him. Guess what...they ruled that it was not the officers fault. Come on people, this place is crooked and people that don't conform to their crooked ways are punished. It's a power trip, and anybody that interferes with their power is taken down. Judge Thompson is one of those people.

James

Sorry hid through a window was supposed to say head through a window.

ANTIWAR LOVER

JUDGES WILL HAVE YOUR ASS LOCKED STRAIGHT UP IF YOU DISRESPECT HIM OR HIS COURTROOM. YET, THE AVERAGE JOE LIKE MYSELF HAVE NO IDEA OF DO'S AND DON'TS IN THE COURTROOM. HOWEVER, THE JUDGE SHOULD NOT BE CHARGED FOR GETTING OLD AND MISSING HIS YOUTH TO THE POINT OF BIZZARE BEHAVIORS. THE JUDGE SHOULD BE ENTITLED TO WORKMAN'S COMPENSATION SINCE HE HAD TO DEAL WITH LIARS AND A WORLD OF "SICKOS'.

Norbert Young

Defense team requests pump

By BOB SHERRILL
Herald Staff Writer

The defense team for former Creek County District Judge Donald D. Thompson has filed an application to recover a penis pump being held as evidence.

Thompson is charged with three counts of indecent exposure stemming from complaints from three former employees who claim they witnessed Thompson using the penis pump on himself in 2003.

The former judge said he is not guilty of the exposure charges and there is no truth in allegations he had used a penis pump while on the bench.

The court application requests that Comanche County District Judge C. Allen McCall issue a ruling that would give the defense team possession of the pump seized by the state so their own forensic expert may conduct tests.

Potttawatomie County District Attorney Richard Smothermon has made an offer to send the pump directly to the testing agency, court documents show.

Defense attorneys Clark Brewster and Robert R. Nigh Jr. balked at the proposal and requested the pump be delivered to the defense team.

The defense attorneys reported they did not care to reveal the identity of the expert because it might divulge their thought process and strategy in defending Thompson in an upcoming trial.

In the paper filed by Brewster and Nigh, the attorneys said their examination could lead to evidence both helpful and harmful to their defense.

They said the examination of the pump also might lead to evidence the defense might wish to keep out of the hands of the prosecution.

Thompson is alleged to have exposed himself to three courtroom workers while he presided on the bench during two murder trials and a civil trial.

Thompson fired Lisa Foster, his court reporter, and Zelma Hindman, his secretary/bailiff, after they testified before a judicial review board last summer.

Thompson later gave his resignation the day the judicial court was scheduled to start public proceedings to remove him from the bench.

Thompson told reporters he was retiring from the bench but added the allegations against him were the work of Sapulpa Chief of Police Jim Wall.

McCall also has set a tentative date of Sept. 26 for Thompson's jury trial.

Smothermon was appointed by Oklahoma Attorney General Drew Edmondson to prosecute Thompson.

Bob Sherrill 224-5185 Ext. 201

Norbert Young

Former Creek County Judge Donald Thompson Faces Two Civil Lawsuits

[E-mail this story to a friend...]

More legal troubles for a former Creek County judge accused of using a sexual device in court. Judge Donald Thompson now faces two separate federal lawsuits from two former employees.

6 in the Morning reporter Omar Villafranca says in the two lawsuits filed, Lisa Foster and Zelma Hindman claim they were fired because of Judge Thompson's actions. The two women also say they worked in a sexually hostile work environment created by Thompson and that caused them emotional stress.

Thompson faces three felony counts of indecent exposure. The charges stem from allegations he used a sexual device in court during two murder trials. Thompson denies the charges and says the device was just a gag gift that was given to him.

Foster was a court reporter and believes Thompson fired her because she told the state about his behavior in court. Hindman was Thompson's secretary and bailiff. She says Thompson fired her because he believed she gave evidence of misconduct to authorities.

Both women name the State of Oklahoma as a defendant and both want monetary damages.

Judge Thompson's trial on the three felony counts starts September 26th.
Source: The News on 6

Tom

The actual test used to determine semen was not a consumer test as you linked to but an actual forensic test as seen here

Tom

Norbert Young

Thompson trial date looming

By BOB SHERRILL
Herald Staff Writer

Former Creek County District Judge Donald D. Thompson’s day in court is less than two week away, and motions continue to be filed both the state and the defense.

Thompson is accused of four counts of indecent exposure and one count of misuse of a state computer.

The jury trial is scheduled to start June 12 in Bristow. Richard Smothermon, Pottawatomie County district attorney, said Wednesday he could foresee nothing that would cause a further delay in the trial.

Defense attorney Clark Brewster failed to return calls from the Herald.

The charges against Thompson were filed in January 2005, and originally Comanche County District Judge C. Allen McCall had set a September 2005 date for a jury trial.

However, McCall cancelled the proceedings after Brewster pointed out the jury pool had been tainted when Creek County District Judge Joe Sam Vassar conducted a hearing on hardship cases.

The court had been advised that Vassar had recused himself from the Thompson case, but Vassar said later that he had never been recused from the case.

Vassar said his action to decide which jurors should be excused from the trial because of special hardships was not improper.

McCall told attorneys he was not taking any chances, and he would conduct a hardship hearing the morning of June 12, and then jury selection could begin in the afternoon.

At one point McCall was leaning toward a possible November or December trial date.

Those thoughts were scrubbed when Smothermon filed an additional count of indecent exposure and a misdemeanor count of misuse of a state computer.

Brewster’s motion to start over with the case was approved by McCall, and the proceedings started again in January with arraignments and a preliminary hearing.

The case hit another snag when Brewster complained that Craig County Associate District Judge Gary L. Maxey had discussed the case with another Vinita attorney and requested a new judge.

And, James D. Bland, associate district judge from Pittsburg County, found sufficient probable cause to hold Thompson for district court trial on all counts.

Currently defense lawyers working to get McCall to exclude the misdemeanor charge from the trial involving the four indecent exposure counts.

A brief filed by Brewster stated the evidence and witnesses involved in the prosecution of misuse of a state computer could cause the jury to prejudge the defendant on the indecent exposure counts.

The judge’s computer allegedly contained pornographic photographs of the judge and a female business partner.

Earlier in the investigation, Angela McClanahan had testified before the multicounty grand jury, and Brewster’s motion to exclude that testimony was denied by McCall.

Brewster contends the testimony and photographs could taint the judgment of the jury when they consider the guilt or innocence of the judge in the four counts of indecent exposure.

Brewster also is requesting that the court force prosecutors into being more specific in who they intend to call as state witnesses in the trial.

The defense claims there is a sizeable list of witnesses, and it is their belief the state has compiled a large list in an effort to shield some witnesses from the scrutiny of the defense.

The brief states the defense has neither the time nor the personnel to interview each potential witness.

In the motion, Brewster requested the court to order the state to provide a list of witnesses it actually intends to call.

And once again, the defense has requested the court to throw out the penis pump that allegedly belonged to Thompson.

The defense reported the Oklahoma State Bureau of Investigation had destroyed the pump in its efforts to obtain DNA evidence from the device.

Brewster contends the defense cannot determine if the penis pump was operational or broken at the time it was seized by the state.

Thompson has denied all allegations that he had used the pump while on the bench.

He said in an interview the pump had been given to him as a gag and was inoperative.

The state believes there was more than one pump and has photographs of a second pump that were shot by Lisa Foster, a former court reporter for Thompson.

Bob Sherrill 224-5185 Ext.201

crime@sapulpadailyherald.com

Norbert Young

Prosecutors ask count be severed from trial

By BOB SHERRILL
Herald Staff Writer

BRISTOW, Okla. –– In a surprising move today, prosecutors asked to sever a misdemeanor count of misuse of a state computer from the four indecent exposure charges against former district judge Donald Thompson.

The fifth count has been the center of controversy during the last several days.

The Oklahoma Court of Criminal Appeals on Monday gave a nod to continue the trial after denying a motion by defense attorney Clark Brewster to throw out or sever the fifth count.

But as proceedings began this morning, prosecutor Richard Smothermon asked the fifth count be severed until the prosecution’s star witness, Angela McClanahan, could be located.

McClanahan was Thompson’s business associate, and sexually explicit photographs of the couple allegedly were found on the judge’s state-owned computer in his Sapulpa courthouse offices.

McClanahan failed to appear in court Friday, and an arrest warrant was issued Monday by Judge C. Allen McCall. When officers arrived to arrest McClanahan, she fled through the back door of the home and eluded police in a foot pursuit.

Today Smothermon asked Brewster if he would ask his client if he knew McClanahan’s whereabouts since Thompson and McClanahan had been seen together in the last 90 days on at least two occasions.

Brewster angrily told the court that he would advise Thompson to say nothing about McClanahan, adding “the prosecution has run amok.”

Special prosecutor Patricia High began opening statements this morning, calling the case against Thompson fairly simple.

She said the evidence would show that during at least two murder trials and a civil trial involving a large sum of money, Thompson performed sexual acts on himself using a device called a “penis pump.”

Thompson is also charged with four counts of indecent exposure.

Brewster said the state had filed the misdemeanor charge to show that Thompson was “a bad person and by implication guilty” of four felony offenses.

Investigators and a multicounty grand jury have scrutinized McClanahan’s e-mail exchanges with Thompson.

McClanahan first balked at testifying at the grand jury in Oklahoma City but changed her mind after a district judge ordered her to jail for failure to cooperate.

Brewster lost in an attempt to get the grand jury testimony of McClanahan quashed earlier this year.

The four felony charges of exposing himself in Creek County District Court stem from allegations he used a penis pump while on the bench in 2002 and 2003.

Thompson’s trial began last week in Bristow and a jury had been seated, but proceedings were delayed while attorneys pursued a challenge before the appeals court that the misdemeanor charge was unconstitutionally vague.

In a 3-2 decision, the appeals court refused to take up that issue, saying such questions should be addressed on direct appeal.

Brewster argued last week that the misdemeanor was a prosecutor’s contrivance designed to alienate jurors against Thompson. The prosecution contends the five counts are intertwined.

The ruling did not state who wrote the majority appeals court order and officials, citing court rules, declined to identify the author.

Charles S. Chapel, presiding judge, issued a written dissent, saying the misdemeanor offense and the felony crimes alleged against Thompson are “completely unrelated” and should be separated.

Judge Charles Johnson also dissented, saying it is improper to join the felony and misdemeanor cases together. He said the evidence tied to the misdemeanor is “inflammatory and potentially prejudicial.”

After the appeals court decision, Thompson’s attorneys again asked McCall to sever the misdemeanor charge, citing the appeals court judges that found it improper. McCall rejected their request.

Brewster said that put the trial on “a collision course” for an appeal.

“Whatever happens at this trial, if it results in a conviction, it’s going to be reversed. That’s clear,” he said.

Brewster said in his opening statement that there was no forensic evidence to prove the charges against the judge. He said the court clerk’s location in the courtroom was such that she could not have witnessed the things she said she saw. He also said the penis pump was nothing more than a gag.

“A lot of people knew about this penis pump,” Brewster said.

He said it was a gag gift for the judge’s birthday.

Brewster said the judge never used the device.

Thompson served for more than two decades on the bench in eastern Oklahoma before his retirement in 2004 amid the lurid allegations that he exposed himself during courtroom testimony.

Lisa Foster, a former court reporter, testified in Thompson’s preliminary hearing that she saw the judge use the sexual device during trials.

Foster said she was afraid to go to police and told her story only after being subpoenaed. She became tearful at the preliminary hearing when she described learning in September 2003 that police had found a pump and were investigating the judge.

Thompson fired Foster after the investigation began and she later sued over her termination.

The trial has been moved to Bristow, 20 miles west of the Sapulpa courtroom where Thompson served.

If convicted, Thompson faces up to 10 years in prison and a $20,000 fine on each felony charge and would have to register as a sex offender upon his release. The $7,489.91 he draws each month in retirement benefits also would be jeopardized by a conviction.

The Associated Press contributed to this story.

Bob Sherrill 224-5185 Ext.201

Norbert Young

This is the link to the felony arrest warrant for Judge Thompson. Im sure he is not going to be missed in the Oklahoma legal community.

Its also been rumored that insurance companies and outside attorneys were terrified to try cases in Creek county because of the judges and court system there.

Here is the link
http://www.thesmokinggun.com/archive/0121051judge1.html

Norbert Young

Police chief, detective testify at judge’s trial

Sapulpa Police Chief Jim Wall and Capt. Mike Reed testified Tuesday they heard what they believed to be a penis pump while in Donald Thompson’s Sapulpa courtroom in 2002.

By BOB SHERRILL
Herald Staff Writer

BRISTOW –– Jurors received their first look Tuesday at one of the infamous penis pumps former judge Donald Thompson allegedly used while conducting court during 2002 and 2003.

The pump was introduced into evidence after Russell Hubbard, investigator for Pottawatomie County District Attorney Richard Smothermon, said he found the device in a locked filing cabinet allegedly owned by Thompson.

Defense attorney Clark Brewster challenged the introduction of the pump, claiming there was no clear or convincing proof the sex toy actually belonged to Thompson.

Hubbard said he found the pump in the bottom drawer of a locked filing cabinet in the chambers Thompson occupied in the Creek County Courthouse in Sapulpa for 24 years.

The device consisted of a clear plastic tube connected to a flexible plastic hose and a hand-actuated pump with a pressure gage.

The plastic tube had been cut in half apparently by the Oklahoma State Bureau of Investigation lab technicians who conducted DNA tests on the device.

In an effort to prove the file cabinet belonged to the judge, Hubbard testified the pump was found among papers and documents belonging to Thompson, including utility bills from OG&E.

Special prosecutor Patricia High called Sapulpa police Capt. Mike Reed as her first witness.

Reed is credited with starting the investigation that led to Thompson’s resignation and the indecent exposure charges filed by the state in January 2005.

Reed said he was testifying in the first-degree murder trial of Paula S. Moss when he first detected the “sh-sh” sound coming from Thompson’s bench.

Reed said heard the sounds during a two-hour video of the interview of the murder defendant.

The detective said he finally isolated the sound as coming from the judge’s bench, and he then repositioned himself to get a better view of Thompson and the judge’s actions.

Reed said eventually he saw movement under the judge’s robe and observed a tube running under the robe.

The detective said he told his supervisors Capt. Brant Green, who has since retired from the department, and Chief of Police Jim Wall.

Reed said Wall and Green both acknowledged they also had heard the “sh-sh” sound in the courtroom.

Together all three went back to the courtroom during lunch and observed a penis pump on the floor behind the judge’s bench, Reed said. He took three pictures of the sexual device and did not hear the sound again during the afternoon session of the trial.

The detective said he returned to the courtroom again that night and the pump was not there.

In cross-examination, Reed was asked why he did not tell of his discovery to Don Nelson, Creek County first assistant district attorney, or another state attorney who was prosecuting the Moss case.

Brewster said it seemed proper to tell Nelson or Assistant District Attorney Carol Iski there was a problem that might have a serious impact on the trial.

But High objected, and Reed was not required to answer the question.

Wall testified there had been rumors weeks earlier the judge had a penis pump in the courtroom. Wall said no one had checked out the story until Reed heard the sounds during the Moss trial.

Wall said at one point he and Reed made eye contact and that confirmed in his mind both were hearing the same sound.

Wall said under his orders Reed retrieved a camera from the police department and shot pictures of the pump found under the judge’s bench.

Wall said he kept the disc with the pictures and he really did not know exactly what to do.

He said he began seeking advice that weekend from Creek County Sheriff Steve Toliver, Creek County District Judge Joe Sam Vassar and Creek County District Attorney Max Cook.

Wall said he also invited Cook to go into Thompson’s courtroom, but Cook declined.

Wall said the following Monday, he called the Council on Judicial Complaints in Oklahoma City.

Wall said he and Thompson had a good professional relationship, and the judge allowed Wall to put up signs of support for passing a bond issue to build a new police headquarters.

Brewster also attempted to make points the scheme of the penis pump was part of a plan for the Sapulpa Police Department to get rid of Thompson.

Throughout the day, Brewster raised numerous objections and nearly all were overruled by District Judge C. Allen McCall, of Comanche County, who was appointed to preside at the trial.

However Brewster created one court-clearing incident and was warned by McCall one more outburst would find the fiery red-haired defense attorney in contempt of court.

Brewster found himself in hot water when he raised his voice during the cross-examination of Hubbard.

When Hubbard attempted to introduce literature on the operation of the pump, Brewster raised his voice, suddenly stopping the proceedings. McCall asked the jury to step outside the courtroom.

Once jurors were out of the courtroom, McCall told Brewster, “You will not raise your voice one more time, or I will find you in contempt.” McCall then asked if Brewster understood.

“I think I got the message,” Brewster said.

Throughout the day Brewster made animated suggestions of his displeasure at the judge’s rulings such as shaking his head and rolling his eyes.

At one point Brewster dropped his head into his hands in seeming disbelief after he lost another challenge.

Hubbard said he learned of the locked filing cabinet when Creek County District Judge Douglas Golden left a message there was a locked filing cabinet in his office he believed belonged to Thompson.

Brewster began his attack in his opening remarks when he said the charges against Thompson were the fabrication of a scheme by Wall to remove Thompson from office.

Brewster said key witnesses Teresa Clee, Lisa Foster and Zelma Hindman jumped on board to get rid of the judge when they thought Thompson would lose his position and they wanted to keep their jobs.

Brewster said other than these women, no one ever saw the exposed genitals.

Other witnesses testifying for the state included Michelle Smith, who Thompson hired to replace Hindman, and Jan Doolin who also worked for Thompson as court reporter after Foster was terminated.

Both Smith and Doolin said they enjoyed working for Thompson and would be happy to be employed by the former judge.

When Smith was asked about going back to work for Thompson if given the chance, she said, “in an heartbeat.”

At the start of the trial Tuesday, Smothermon delivered a surprise when he requested that McCall separate a misdemeanor charge of misuse of a state computer from the four felony counts of indecent exposure.

Smothermon said so far law officers had been unable to serve a material witness arrest warrant signed by McCall after Angela McClanahan failed to make a court appearance Friday.

Sapulpa Police Capt. Jeff Gilliland said High requested assistance from Sapulpa police and Tulsa County deputies to find McClanahan.

He said deputies and two officers from Sapulpa accompanied High to a house near Jenks where McClanahan was living.

“McClanahan was not at the house, but deputies also knew of another residence where she might be located,” he said.

Gilliland said both McClanahan’s vehicle and a Jeep belonging to Thompson were parked at the unnamed residence.

He said both of the vehicles were inoperative, and the house in question belonged to a man who had done mechanic work on both McClanahan’s and Thompson’s vehicles.

When officers arrived, they were met by the resident who told officers that McClanahan had ran out the back door of the house, Gilliland said.

He said officers ran to the back of the house, and they could see where the woman had climbed a fence to make her escape into a heavily wooded area.

Bob Sherrill 224-5185 Ext.201

crime@sapulpadailyherald.com

Norbert Young

Employees testify judge had exposed himself

By BOB SHERRILL
Herald Staff Writer

BRISTOW –– Evidence of a second penis pump may have deflated the defense strategy of former judge Donald D. Thompson, on trial here on four counts of indecent exposure.

The revelation of a second pump came during the testimony of a court reporter Wednesday when she identified a photograph of a penis pump allegedly found under the judge’s bench in 2001 by former court reporter Lisa Foster.

On Tuesday, defense attorney Clark Brewster told jurors the pump in question had been a gag gift given to Thompson on his 50th birthday and that the device was inoperative.

But Teresa Clee, a court reporter for Creek County Associate District Judge April Sellers-White, told jurors the photo of the second pump was one of three pictures taken by Foster, who worked for Thompson before she was fired in 2004.

“Lisa gave the picture to me. She said she wanted me to have it just in case something happened to her,” Clee said.

Special prosecutor Patricia High then asked, “What did she mean by something happening to her?”

“She was scared to death about what might happen to her,” said Clee.

Clee said the problems involving Thompson’s use of a penis pump in open court began in 2000, and through the years she and Foster had several discussions about what the judge was doing and what could be done.

Clee said they both feared Thompson because he was on the judicial review board and wielded a lot of power.

“But, it was always Lisa’s call as to what to do,” Clee said. “I told my husband what was going on.”

She said in March 2001 she and Foster both when into Thompson’s courtroom and found the original pump. She said they picked up the device to get a closer look at it.

She described the pump as having a plastic cylinder with a plastic hose on one end attached to a bulb.

The photograph showed a device consisted of a cylinder of about two-inches in diameter and between eight and ten inches in length. The cylinder was open on one end, and there was a short length of plastic hose with a rubber bulb attached to the other end of the tube.

The court reporter dealt the defense another blow when she made the allegation Thompson had exposed his penis to her during a jury trial on Sept. 11, 2003.

Clee said a day earlier Foster said she was ill and needed to go home. “I told her we would cover for her,” Clee said. “Becky Jennings took over for Lisa for the remainder of the day, and I took her place the following day.”

She said because of the previous stories and the pump, Clee said she moved her desk forward so she could not witness any inappropriate action by Thompson.

Clee said that worked well in the morning, but the chair and equipment blocked her and she was forced to move the chair back to its original position in the afternoon.

She said when Thompson came into the courtroom for the afternoon session, he pulled the back of his robe up high so he was not seated on it. Clee said Thompson then pulled out a drawer, but there was a gap that permitted her to see the judge expose himself.

Clee said she thought about going to the Sapulpa Police Department, but her husband advised against it at that time, she said.

She said the investigator for the court of judicial complaints, Duke Logan, never contacted her and she never filed any complaints.

Clee said the following day she noticed the judge’s hands under the robe and she heard a “sh-sh” sound.

High picked up the pump that had been found in Thompson’s cabinet of private papers and squeezed the handle of the pump.

“Did it sound like this?” High asked.

“Yes, and I was embarrassed,” Clee said.

In cross-examination, Brewster presented a number of postures and exaggerated motions of masturbation and then asked Clee if that was what she had seen.

Despite a rugged cross examination from the defense, Clee appeared to have weathered the storm.

Prior to Clee taking the witness stand, Zelma Hindman, a former secretary and bailiff for Thompson, testified she caught Thompson with his penis in his hand during a jury trial in August 2003.

Hindman said Thompson had sent her on an errand that should have taken her more than 30 minutes, but she was able to complete her task in only about 15 minutes.

Hindman said she walked through a side door to the courtroom and up to his bench.

“He had his hand on his penis,” Hindman said. “He kinda lurched forward, and he had the pump in his left hand.

“I looked at Lisa (Foster) and she looked at me,” Hindman said.

Hindman said later when their eyes met, she was certain Foster knew what she had seen.

The former bailiff also reported seeing the first pump, and High came close to getting it introduced into evidence through Hindman’s testimony.

Hindman said the pump she had seen was not like the one admitted as evidence Tuesday.

“My first thoughts were that it was a basketball pump,” Hindman said.

Objections by Brewster to the admission of the photograph were upheld by Comanche County District Judge C. Allen McCall.

Hindman also said she was working with the fear that Thompson was too powerful to be challenged about the pump and his practices.

“I started looking for another job,” Hindman said.

Other testimony Wednesday included that of former deputy court clerk Diane Horath Strickland and her husband, who served for a time as a janitor in Thompson’s courtroom, plus two agents from the Oklahoma State Bureau of Investigation.

Thompson served for more than two decades on the bench before his retirement in 2004 after the allegations surfaced.

Prosecutors have said they could finish presenting their case by the end of the week.

If convicted, Thompson faces up to 10 years in prison and a $20,000 fine on each felony charge and would have to register as a sex offender upon his release.

The $7,489.91 he draws each month in retirement benefits also would be jeopardized by a conviction.

The Associated Press contributed to this report.

Bob Sherrill 224-5185 Ext.201

crime@sapulpadailyherald.com

Norbert Young

Trial: Donald Thompson: Former jurors take stand
By MANNY GAMALLO World Staff Writer
6/23/2006

View in Print (PDF) Format

One testifies that the defense attorney tried to persuade her to change her testimony.
BRISTOW -- A witness in the indecent-exposure trial of former Creek County District Judge Donald Thompson testified Thursday that defense attorney Clark Brewster called her in an attempt to have her change her testimony.

Special prosecutor Richard Smothermon asked Helen Orcutt whether anyone connected to the trial had called her to try to get her to alter or change her testimony.

Orcutt responded that someone had, and she identified Brewster as the person who, she said, phoned her Wednesday night.

Her disclosure had an apparent impact on jurors, for a couple of them reacted with sounds of surprise.

During his cross-examination of Orcutt, Brewster never raised the subject of the phone call.

Earlier Thursday, District Judge Charles Allen McCall had imposed a gag order, preventing anyone connected with Thompson's trial from dis cussing the case with outsiders.

The order meant Brewster could not be interviewed by reporters about Orcutt's claim.

Orcutt first appeared in court while the jury was on break.

She brought a tape recording of what she claimed was her conversation

with Brewster. She also had a phone showing the number where the call originated.

Attorneys argued about the inadmissibility of the tape recording, and Orcutt, McCall and attorneys for both sides then left the courtroom for a hearing in the judge's chambers.

About 15 minutes later, Orcutt came out of that hearing without the tape recorder or phone.

Eventually, the trial resumed, with the jury brought in to hear Orcutt's testimony against Thompson. The tape recording was not played for the jury.

Thompson is charged with four felony counts of indecent exposure, alleging that he used a penis pump to masturbate during trials.

Orcutt testified that when she was a juror in an August 2003 murder trial being heard by Thompson, she heard "swishing" noises coming from his bench.

She also claimed that the judge's robe was "bouncing" in time with the noises.

She described the noises as like those that come from a bicycle pump, and she noted that she heard them throughout the trial.

As he has done with other witnesses who have claimed to have heard noises, Smothermon held up a penis pump seized from Thompson's office and squeezed its calipers to produce sounds.

Orcutt, as had other witnesses, identified the sounds from the pump as the noises she had heard.

Another juror in that same 2003 trial told the court Thursday that he knew right away that the noises he heard coming from Thompson's bench were those of a penis pump.

Daniel Greenwood told Smothermon he had heard the noises before in two movies -- an "Austin Powers" film and "Dead Man on Campus."

Greenwood testified that Thompson did not seem focused during that trial. He said that Thompson at one point removed his shoes and socks and began trimming his toenails in court.

Rhonda Blancett, a juror in a May 2003 trial heard by Thompson, also testified that she heard noises coming from his bench.

She said she could see Thompson's robe-covered arm moving as if in a "jerking movement," and she noted that the noises were consistent with the movement of his arm.

Blancett said she questioned Thompson at one point during that trial about the noises.

She said the judge told her he wasn't aware of them but would "keep an ear out for them."

Another juror in that trial, Sharaan Ronish, testified that she also saw the judge's arm moving consistently with the noises she heard throughout the trial.

Many of the former jurors who testified Thursday said they had speculated at the time about what the noises were.

Among their guesses: a inflatable hemorrhoid cushion the judge might have been sitting on, a computer game he might have been playing with or the sound of the hydraulic adjustment on his chair.

Still, a couple of those former jurors claimed they thought he was masturbating.

On Brewster's cross-examination of them individually, none of them said Thompson had exposed himself in court.

Most told Brewster that Thompson was attentive to details at those trials and that he acted appropriately.

--------------------------------------------------------------------------------


Manny Gamallo 581-8386
manny.gamallo@tulsaworld.com

Norbert Young

Published: June 24, 2006 10:35 am

Thompson’s DNA found on robe, expert says

By BOB SHERRILL
Herald Staff Writer

BRISTOW –– A DNA forensic expert testified Friday he had found semen belonging to Donald Thompson on a robe and furniture in the former judge’s chambers.

J.D. Lindstrom, a criminalist with the Oklahoma State Bureau of Investigation, said he found a positive DNA match on the items that could only have belonged to Thompson.

Thompson, 59, is being tried before a seven-woman, five-man jury on four counts of indecent exposure that allegedly occurred while presiding over two murder trials and a civil jury trial in 2003.

Lindstrom said the chance of a second person having the same DNA was estimated at one in 6 billion people –– or roughly the total population of the earth.

The criminalist also testified he had found traces of a protein called P-30 in seminal fluids inside the cylinder of the penis pump introduced into evidence earlier in the trial.

Lindstrom said P-30 was found only in seminal fluids despite challenges from the defense the protein also could be found in urine.

Lindstrom also told the jury P-30 could not be found in measurable quantities in urine as the defense had suggested.

Minor victories also were scored by the defense when Lindstrom noted no evidence of seminal fluids was found on Thompson’s chair, carpet and desk in the courtroom where he allegedly exposed himself to two court reporters in 2003.

In cross examination, defense attorney Robert Nigh asked Lindstrom if during his DNA testing whether he had followed the recommended protocol of the manufacturer of the testing material.

The criminalist maintained he had followed the guidelines and policies established by the OSBI, and despite hard questioning by Nigh, Lindstrom did not address the issue of whether the procedure he used had violated the manufacturer’s recommendations.

The criminalist reported the match of Thompson’s DNA had a reliability factor that left no doubt the semen found on Thompson’s robe and around his desk belonged to the defendant.

Lindstrom also testified that material found on a penis pump could not exclude Thompson, but he said the odds of a random match with another person were about one in 6,800.

In earlier testimony, Dr. S. Edward Dakil spent more than four hours detailing Thompson’s health between 1988 and early 2006, including information Thompson had been sterilized by a vasectomy performed in 1988 and was incapable of producing sperm.

Dakil, an urologist, had been hired by the state to review 500 pages of documents containing Thompson’s medical records.

He detailed ongoing urinary and erectile dysfunctional problems Thompson has apparently suffered since the 1980s.

Dakil said the former judge had attempted a number of methods to combat erectile dysfunction, including taking extract from tree bark, injections into the side of the penis and eventually Viagra and other pills, Dakil testified.

He said the penis pump is a vacuum device designed to pull blood into the penis and thereby create and maintain an erection.

“Erections are plumbing,” said Dakil. “This isn’t difficult. Blood flows in and blood flows out.”

He said the inflow of the blood also will give the penis a purple color and often times create calcification deposits which create a bend in the penis during erections.

He said records indicated physicians who treated Thompson had also noted the calcium deposits.

Dakil said it appeared one physician had given the judge a video of how the penis pump worked but had not prescribed the device.

Prosecutors have stated in court documents Dakil’s testimony about the description of the judge’s penis would be extremely similar to the description given by Lisa Foster, the state’s key witness.

The state could complete its case against Thompson with Foster’s testimony as early as Monday.

Foster was Thompson’s court reporter until he fired her in 2004 after she had testified before a state judicial review board in 2004 about the judge’s alleged use of a penis pump.

Thompson submitted his retirement letter in August 2004 that essentially stopped formal action by the board to remove the judge from bench.

Later Thompson –– surrounded by his family –– told reporters the allegations against him were false, and there had been a scheme to remove him from office orchestrated by Sapulpa Chief of Police Jim Wall.

Thompson’s harsh criticism prompted Oklahoma Attorney General Drew Edmondson to appoint Richard Smothermon, district attorney for Pottawatomie and Lincoln counties, to investigate and file criminal charges against the judge if necessary.

Later, Patricia High, assistant district attorney in Oklahoma County, was added to the special prosecutor staff.

Bob Sherrill 224-5185 Ext.201

crime@sapulpadailyherald.com

Norbert Young

Testimony of state’s key witness begins today in Bristow

From Staff Reports

The trial of former district judge Donald Thompson continued this morning with the testimony of the state’s key witness.

Lisa Foster, a former court reporter for Thompson, took the stand today and testified that in 2002, a new sound system was installed in Thompson’s courtroom in the Creek County Courthouse in Sapulpa, including a live microphone on the judge’s bench.

Foster, 43, said on several occasions that Thompson had tried to disconnect the microphone on his bench but that he was unsuccessful.

While testimony continues, it is believed this is the microphone that picked up the “sh-sh” sound that has been described by witnesses. The sound is believed to have come from a penis pump the judge allegedly used while on the bench.

Foster testified she began working for Thompson in 1988 and worked for him for 16 years before she was fired in 2002.

Also in the courtroom today, one juror did not arrive in court for reasons unknown to the Herald. She was replaced by an alternate juror.

The seven-woman, five-man jury will decide whether Thompson is guilty on four felony counts of indecent exposure.

If convicted, Thompson faces up to 10 years in prison and a $20,000 fine on each felony charge and would have to register as a sex offender upon his release.

The $7,489.91 he draws each month in retirement benefits also would be jeopardized by a conviction.


Gason Schwagner

What I want to know is, WTF is a near 60 year old using a penis pump for anyway? He's a little over the hump on miles, and any sex he gets I doubt the chick is going to care weather his 'lil smokey is 4 inches or 6. At that age, from what I understand ANY sex is good sex. Your honor, I OBJECT!

Norbert Young

Thompson sentenced to four years

By BOB SHERRILL
Herald Staff Writer

BRISTOW –– Former judge Donald Thompson was ordered to serve four years in prison Friday, and an hour later he was on the road to a state department of correction lockup.

In pronouncing his sentence, Comanche County District Judge C. Allen McCall said this was the most “bizarre” case he had ever presided over.

Following a 30-minute session with family, Thompson was whisked away first to a holding cell at the Bristow Police Department which is located in the same building as the Creek County district court.

The former judge was held for approximately 30 minutes while district court workers scurried to complete judgement and sentencing documents that officially ordered Thompson to prison.

A Creek County jury had convicted Thompson on four counts of indecent exposure June 29, and the jury recommended the former judge serve one year on each of the four counts.

In the formal sentencing, McCall followed the recommendations of the jury to the letter.

And he ruled the one-year sentences on the four counts should be served consecutively because the offenses had occurred over a period of years.

McCall also ordered that Thompson, 59, pay a total of $40,000 fine plus court fees that include a $250 assessment for the presentence investigation performed by the DOC.

McCall said he doubted the best Hollywood screenwriters could produce the facts of this case.

Richard Smothermon, district attorney for Pottawatomie and Lincoln counties, told the court Thompson had opportunities to avoid this day.

Indicating there had been plea bargain offers, Smothermon said, “All he had to do was acknowledge his guilt.”

Smothermon then recommended Thompson serve the sentence recommended by the jury and in consecutive order.

Prior to the formal sentencing, McCall listened to motions that would have permitted the former judge to remain free on bond pending the results of an appeal and a plea to suspend or at least allow the four years to be served in consecutive order.

McCall said he had reviewed the trial and it was his belief the jury had acted in a fair and responsible manner in reaching their verdict.

“This is not just a one-time incident, this is a continuing series of offenses,” McCall said in ruling the sentences would be served in consecutive order.

If there had been a choice Lisa Foster would never have uttered a word about what she had witnessed, he said.

McCall also said Foster and other victims had suffered a great deal because of this ordeal.

Foster, Thompson’s former court reporter, testified at his trial that she saw the judge expose at least 15 times between 2001 and 2003 while presiding on the bench.

The charges against Thompson, however, only covered four instances of indecent exposure that occurred during trials in 2002 and 2003.

McCall also said he did not believe the accusations against Thompson were fabricated.

“People who are out to get a judge find an opponent, they don't concoct a story, especially one this bizarre,” McCall said.

Both Thompson’s wife and brother testified in an effort to sway McCall into allowing him to remain free pending the results of his appeal.

Defense attorney Clark Brewster told the court Thompson was neither a flight risk nor was he a threat to the community.

McCall had permitted Thompson to be freed on a $75,000 bond pending sentencing, but he was restricted to traveling only in Creek at to Tulsa counties to confer with his attorney.

Pattye High, co-prosecutor from Oklahoma City, then dropped the revelation that Thompson and Brewster had been seen together in Oklahoma City.

Brewster apologized to the court and said the decision to go to Oklahoma City was his decision and Thompson traveled with him on his advice.

Brewster said he was simply conferring with Thompson about the case.

In making his decision to deny the appeal bond, the judge said the unauthorized trip was an issue, but not the determining factor in rejecting the bail request.

The defense had requested a suspended sentence for Thompson, claiming his prison time would be boring.

McCall responded by saying, “Prison is prison. It's not the Holiday Inn.”

As far as the long-term damage to the image of the judiciary, McCall said the judiciary did get a black eye over this but black eyes do heal in time.

McCall said it would have been more damaging to the judiciary if the entire Thompson episode “had been swept under the rug.”

“I thought the judge did the right thing, and he treated this defendant the same as every other defendant in Oklahoma,” said Smothermon.

Creek County Sheriff Steve Toliver said he approved of the decision to take Thompson directly to Lexington from Bristow.

He said there were issues concerning the former judge’s safety if he had been housed at the Creek County Jail while DOC arranged for his transfer.

Under normal circumstances, an inmate who had been sentenced to prison can anticipate a four-month wait before being transported to Lexington, Toliver said.

Earlier in the sentencing hearing, Jim Rabon, an administrator with the State Department of Correction, testified that in the past DOC had made special arrangements to keep high-profile prisoners such as Thompson in a safe environment.

Bob Sherrill 224-5185 Ext.201

crime@sapulpadailyherald.com

Gason Schwagner

So was that 30 days per squeeze of the 'ol peepee tube? How did they cum...err come up with that sentence figure?

Tammy

You said it honey, the Sapulpa and creek co. police are some of the crookedness people on earth. I guess they have to make a name for themselves whether it is right or wrong.

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