The Masturbating Judge – Part 2
Other than outright denying the allegations against him Thompson had difficulty with memory lapses or outright confusion as to specific dates, times and events even when responding to questions from his own attorney.
Under questioning from his attorney, Thompson said he was unsure how he acquired his first penis pump, whether his doctor had given it to him along with a video or whether he had bought it. Thompson testified he could not say if a picture of a pump allegedly taken by Foster in March 2001 was the pump that had been given to him. He also said, “I’m not sure what happened to that pump. I thought it was thrown away.”
Thompson testified that he kept several items at his bench to use during trials, among them shoe polish and a brush, chewing tobacco, a pocket computer and a stress ball, saying he often squeezed the stress ball during trials. When Brewster asked whether the stress ball made noise when it was squeezed, Thompson struggled for an answer and finally said he didn’t know.
Thompson received a second penis pump about five years ago as what was called a gag gift from a friend, Pat Hale, for his 55th birthday. Thompson told the court the pump Hale gave to him in 2001 was inoperative. He stated, “It was broken….all the parts are not there.”
Thompson said that he would move that penis pump back and forth between his chambers and bench at least once a year and that he had no memory of every having squeezed its handles.
Under cross-examination by the special prosecutor Pattye High, Thompson said that he could not remember if he got rid of the first penis pump after watching the accompanying video, but he was thinking he had. Thompson said he never used that pump upon himself and that it was only a demonstration piece to go with the video. Thompson said he was unable to identity the picture of a penis pump under his bench as being the pump he owned. That picture was taken by Lisa Foster in March, 2001. Foster testified that she saw Thompson first use it in January and February, 2001.
Under cross-examination by High, Thompson said he had no recollection of ever having clipped his toenails or trimmed in fingernails in court, claims that were made last week by former jurors in trials Thompson conducted.
Pat Hale, of Sand Springs, testified for the defense stating that he gave the pump to Thompson on Thompson’s 55th birthday in 2001. Hale identified the pump in evidence as the one he had given to Thompson. Hale said he found the pump in a paper sack, and it did not work.
In addition to Thompson and Hale, the defense also called two Tulsa lawyers that had were involved in a trial before Thompson in September, 2003. Both testified that they never noticed any unusual behavior on Thompson’s part and never heard strange noises in court. By September, 2003 Thompson was already under investigation by the state Council on Judicial Complaints.
Defense attorney Brewster indicated that the defense could wrap up its case by the following afternoon which would mean closing arguments could follow the next day with the jury getting the case by Friday.
Trial Day #10 – June 28:
The defense called a parade of witnesses including various courthouse personnel, lawyers, witnesses and a law enforcement official to testify about what they did not see and did not hear during four trials in which Thompson is accused of misbehavior.
Creekmore Wallace who served as a defense attorney for Tammy Brooks during the a trial wherein Thompson is alleged to have shaved his scrotum during closing arguments said he raised continuous objections to graphic photos during the closing arguments of prosecutor Carol Iski. Wallace said this required both lawyers to approach Thompson’s bench. Thompson’s court reporter Lisa Foster said Monday that she saw Thompson shaving his scrotum during Isis closing argument. Wallace testified that he didn’t think Thompson could have divided his attention between his privates and the proceedings without emasculating himself.
Ed Willingham, chief investigator for the Creek County District Attorneys Office, said he often popped unexpectedly into Thompson’s courtroom seeking signatures for warrants. He said he never saw Thompson doing anything inappropriate during his unannounced visits. Under cross-examination by Special Prosecutor Richard Smothermon, Willingham revealed that he had a private discussion with Thompson’s chief accuser Lisa Foster when he was running for sheriff in late 2003. Willingham stated, “I asked her why she didn’t talk to me about it.” Willingham then quoted Foster as telling him, “I didn’t talk to anyone. I didn’t know who to trust.” which coincides with Foster’s own testimony. Smothermon then asked Willingham whether he believed Foster and Willingham replied, “I’ve never known Lisa to lie.”
After the parade of ‘see no evil – hear no evil witnesses’, all testifying to having neither seen nor heard any inappropriate conduct on the part of Thompson, the defense rested.
Closing arguments are set for Thursday afternoon, June 29th with jury deliberations to follow.
Trial Day #11 – June 29:
Closing arguments were heard beginning at 12:45 pm. Defense Attorney Clark Brewster attempted to ingratiate the jury, saying he thought about foregoing his closing statements altogether because he was sure the jury would return a favorable verdict. Then he added, “I have blind faith in you 12 people. But I’m too chicken.”
Both the defense and prosecution called upon the jurors to use ‘common sense’. Brewster said this story defies common sense and that Thompson is the victim of a conspiracy. Prosecutor Pattye High said jurors should use common sense and that they had found the sexual device behind Thompson’s bench, his clerk saw him do it and jurors even heard a recording of the sounds allegedly made by the device.
Defense attorney Brewster said the penis pump was a joke, “It’s busted up. It’s got a crack in it.” He said it was not an item the judge would or could have used on his penis.
Prosecutor Pattye High, during the prosecution closing statement removed her jacket and held the tube of the pump to the flesh of her arm. She pumped the handle until the cup sucked into place. She held it high in front of the jury, as the penis pump dangled from her arm. She then told the jurors, “When you get in the jury room, if you don’t believe me, then glove up and try it.” High’s statement drew chuckles from the gallery.
Closing statements were concluded and the judge gave the case to the jury at 3:30 pm.
The fate of former Creek County District Judge Donald D. Thompson is now in their hands.
