The Case of the Masturbating Judge - Page 4
The Conclusion:
On 8/18/04, just days before Judge Thompson was scheduled to face a pre-trial hearing on the petition to oust him from office he submitted a letter of retirement to Governor Brad Henry. In his letter of retirement, Judge Thompson requested that his retirement become effective on 9/01/04. Once the retirement letter was submitted, the ouster petition filed against Thompson was dismissed. By retiring when he did Judge Thompson is eligible to draw a pension of $88,800 for life. Shortly after submitting his letter of retirement Thompson called a press conference to deny allegations that he used a penis pump while on the bench. The judge blamed Sapulpa Police Chief Jim Wall for being "the architect of this treachery" and behind efforts to oust him from office.
In light of Thompson's denials Oklahoma City attorney Pat
Ryan, assigned to prosecute the ouster petition against Judge
Thompson, issued a statement saying:
Through the course of my investigation, I spoke to numerous
witnesses unassociated with the Sapulpa Police Department, who
support the allegations against Judge Thompson. Numerous jurors
in two different murder trials heard Judge Thompson use the penis
pump. A defense investigator heard the sounds of the pump during
one of the trials as well. In addition, there are numerous tape
recordings of the trial proceedings which captured the sound of
the pump. Members of courthouse staff also saw the judge use the
pump during jury trials.
Ryan went on to state:
Contrary to Judge Thompson's explanation that the penis
pump was a gag gift witnesses observed and photographed two
different pumps under the judge's bench in his courtroom. A
photograph of the first pump was actually taken before the date
Judge Thompson claims to have received it as a gift. To now claim
his innocence having chosen to avoid the very proceedings which
would determine the truth of the allegations made against him is
repugnant to witnesses courageous enough to testify and the
citizens of the state of Oklahoma.
On 9/07/04, Oklahoma Attorney General Drew Edmondson appointed
Richard Smotherman, the district attorney for Pottawatomie and
Lincoln counties, to determine whether criminal charges should be
brought against former Creek County District Judge Donald D.
Thompson. In making the appointment, the Attorney General
stated:
There were allegations made in the petition for ouster that
under appropriate circumstances could also be violations of the
law. The judge has denied any wrong doing at all. The questions
remain, if those allegations were submitted to a prosecutor,
would a prosecutor deem the evidence sufficient to warrant a
criminal charge?
As of the date of this writing the investigation continues and no decision regarding criminal prosecution has been announced.
Editorial comment of the Webmaster of Bubbaworld.com
Perhaps the most alarming aspect of this remarkable fiasco
is the total lack of public effort on the part of anyone within
state government or the judicial system to investigate its
implications for those found guilty in Judge Thompson's
court.
Basically two primary issues arise, depending upon whether Judge
Thompson in fact engaged in the conduct of which he is
accused.
Issue #1: If in fact Judge Thompson was masturbating in court
during both jury and non-jury trials who is to say with
reasonable assurance that persons convicted in Judge
Thompson's court received fair trials? How could a judge
engaged in masturbation ever be expected to be able to devote the
degree of attention required to conduct a fair trial? This is
particularly the case in a non-jury trial where the judge alone
is responsible for not only conducting the trial but determining
the guilt or innocence of the accused.
Issue #2: If in fact Judge Thompson did not engage in the conduct
of which he was accused it means only one thing and that being
that both members of the Sapulpa, Oklahoma Police Department and
employees of the Creek County District Court engaged in a
conspiracy to frame the judge. In such a scenario how can any one
say with reasonable assurance that persons convicted in Creek
County District Court received a fair trial? If a police
department and court staff are willing to frame a sitting judge
odds are they would have no hesitation in framing anyone accused
of a crime.
We at Bubbaworld do not know if Judge Thompson is guilty or not
guilty of the actions for which he was accused. Owing to his
retirement which terminated the court action to remove him from
office we may never know, unless criminal charges are brought and
the judge ultimately has his day in court.
In any case, someone needs to be asking the hard questions of our
state's judicial system. Either Judge Thompson engaged in
misconduct or he didn't. Regardless of whether he did or did
not masturbate in court the implications for Oklahoma's
criminal justice system are immense and honestly few if any seem
to give a damn.
