The Masturbating Judge – Part 2
June 16:
Washington County District Judge Janice Dreiling today heard Thompson’s defense lawyers’ motion to recuse Judge Allen McCall from Thompson’s misdemeanor charge of misusing a state computer.
Judge Dreiling ruled there is no evidence of bias by McCall against Thompson and refused to remove him from the case.
Thompson’s attorneys have an appeal pending with the State Court of Criminal Appeals that the law on misuse of state property is unconstitutional. A decision has been promised on that motion by Monday noon, with Thompson’s trail set to resume at 1:30 pm Monday.
June 19:
The state Court of Criminal Appeals refused today to take up the appeal of former Creek County District Judge Donald D. Thompson on a charge of misuse of a state computer. This clears the way for the start of Thompson’s trial on the misdemeanor charge and four felony counts of indecent exposure. Opening statements are set for Tuesday morning in Creek County District Court in Bristow.
Trial Day #4 – June 20:
The trial of former Creek County Judge Donald D. Thompson got underway today and with a big surprise. Just yesterday the Oklahoma Criminal Court of appeals refused to accept Thompson’s appeal to either declare unconstitutional the misdemeanor charge alleging misuse of a state computer or to sever the misdemeanor from the felony charges. The Criminal Court of Appeals denial of Thompson’s appeal meant that he would stand trial on four felony counts of indecent exposure and the misdemeanor for allegedly having pornographic pictures on his state-owned computer.
Today the prosecution revealed that its star witness and Thompson’s business associate and alleged mistress Angela McClanahan could not be located and the state moved to sever the misdemeanor charge and proceed on the four felony counts only. Sexually explicit photographs of the couple allegedly were found on the judge’s state-owned computer in his courthouse offices.
McClanahan failed to appear in court Friday, and an arrest warrant was issued Monday by Judge McCall. When officers arrived to arrest McClanahan Monday night, she fled through the back door of the home and eluded police in a foot pursuit.
Special prosecutor Richard Smothermon asked Judge McCall to sever the misdemeanor charge after a five-minute hearing during which Smothermon implied that Thompson knew the whereabouts of witness Angela McClanahan. Smotherman said within the last 60 days Thompson had been discovered in McClanahan’s car when she was pulled over in a 2:30 a.m. traffic stop.
After the misdemeanor issue was resolved the jury was brought into the courtroom for opening statements which were followed by a series of prosecution witnesses including Sapulpa police Capt. Mike Reed who described the “sh sh” noises he heard coming from the judge’s area during a murder trial on Aug. 22, 2003. Reed said he later saw tubing leading under Thompson’s robe to his crotch, and Thompson squeezing a device that matched the timing of the sounds. Reed also testified that during a break in that trial he photographed the ‘penis pump’ device.
During the course of the first day of testimony the infamous ‘penis pump’ was introduced into evidence and was reportedly left on a folding table in front of the jury.
Russ Hubbard, one of Smothermon’s investigators, testified that a few months after Thompson retired that while searching file cabinets in Thompson’s chambers he discovered yet another ‘penis pump’.
Court reporters Jan Doolin and Michelle Smith testified that while cleaning out Thompson’s office they discovered that his desk contained hand lotion, disposable razors, a pornographic magazine and a condom. Prosecutors allege that in addition to masturbating while on the bench that Thompson also shaved his scrotum.
During cross-examination of Smith defense attorney Clark Brewster noted that Thompson needed the lotion for chapped hands, the razors to sometimes shave in the morning, and the magazine may have been there from a trial. No explanation for the condom was proposed.
Trial Day #5 – June 21:
Michael Dean, an Oklahoma State Bureau of Investigation agent, who searched Thompson’s courtroom bench and his office for traces of fluid, told jurors that dried, milky-white drip marks was found under the bottom edge of the courtroom seat, on carpet in front of the seat and on a judicial robe. Dean further testified that the samples were sent to the state lab in Tahlequah for testing. Dean stated that lab results on some of the samples showed the presence of “P30,” a protein component found in semen.
Two women, Theresa Clee and Zelma Hindman testified to having personally seen Thompson’s groin area during trials. A third woman, Diana Horath, testified about noises she heard emanating from the judge’s bench during a 2002 murder trial.
Clee testified that she worked in Thompson’s courtroom only on September 11 and 12, 2003, during a civil trial. She says that on the first day of the trial she saw Thompson apply hand lotion, appear to spit into his groin area and that she then saw Thompson with his hand on his penis. Clee also testified that she could see the tip of his penis. Clee also testified that during the next day she saw the judge rubbing what appeared to be a phallic shape under his robe.
Clee said that she worked those two days in Thompson’s court because his regular court reporter Lisa Foster became ill after learning she was being subpoenaed to testify against her boss in a civil investigation aimed at determining whether he should be ousted from office. Clee said that more two years earlier Foster took her to Thompson’s courtroom and showed her a penis pump lying under the bench. Foster later took several photos of it and gave one to Clee. Clee told jurors that “She said if anything happened to her, she wanted me to have one”. When special prosecutor Pattye High asked how she interpreted that remark, Clee said Foster was concerned for her safety.
