The Case of the Masturbating Judge - Page 5
Update #1:
On 1/07/05, Thompson's former courtroom and chambers were searched by an investigator for the District Attorney and an agent of the Oklahoma State Bureau of Investigation executing a search warrant. News media reports indicated that the investigators seized a sample of carpet from under Thompson's bench, fabric from his courtroom chair, a trash can, substances swabbed from wood and a light switch under the judge's bench, carpet shavings, cloth from a chamber chair and two judge's robes.
Update #2:
On 1/20/05, former District Judge Donald D. Thompson was charged in Creek County District Court with three felony counts of indecent exposure. The indecent exposure incidents are alleged to have occurred on May 13, 2003, August 22, 2003 and September 11, 2003 in Judge Thompson's chambers or in his courtroom during both civil and criminal trials, two of which were murder trials.
At Thompson's initial hearing Associate District Judge Gary L. Maxey of Vinita, OK, assigned to the case by the Oklahoma Supreme Court, released Thompson on personal recognizance. A preliminary hearing in the case is currently scheduled for March 22.
If convicted Thompson faces a punishment range of 30 days to 10 years in prison and/or fines of $500 to $20,000 per count.
Update #3:
On 3/22/05, former District Judge Donald D. Thompson appeared in Creek
County District Court for a preliminary hearing. Thompson waived the hearing
and is scheduled for arraignment on 18 April, 2005. Thompson's attorney Clark
Brewster was quoted in media reports as saying:
We very calculatingly declined the necessity for a preliminary hearing today.
The judge still firmly denies these sensational charges and looks forward to
his day in court.
Update #4:
According to court records, on 4/15/05, the arraignment hearing scheduled for April 18th for former District Judge Donald D. Thompson was continued until 5/13/05. No further information is available at this time.
Update #5:
On 5/13/05, Donald D. Thompson appeared in Creek County District Court for arraignment on three felony counts of indecent exposure. When asked to enter a plea, Thompson stood mute. Judge C. Allen McCall of Lawton, OK who is handling the case after all Creek County judges recused themselves entered a plea of not guilty on behalf of Thompson. A hearing on all pre-trial motions has been set for 8/29/05 and jury trial has been tentatively scheduled for 9/26/05. Thompson faces up to 10 years in prison and a possible $20,000 fine on each count.
Update #6:
On 9/20/05, a final motion hearing was held in Creek County District Court in Bristow, OK. Comanche County District Judge Allen McCall, imported to hear the case owing to the entire Creek County courts system recusing itself moved the trial from the Sapulpa, OK courthouse to Bristow courthouse. In doing so Judge McCall stated, "just to get it away from Sapulpa.. The case has both scandalized and polarized the town of Sapulpa where the primary Creek County Courthouse is located and Judge Thompson had ruled for twenty three years.
At issue were several motions by the defense. First, defense attorney Clark Brewster wanted to prevent the jury from seeing the penis pump which Judge Thompson allegedly used to masturbate while conducting three trials, two for murder and one a civil matter, in 2003. Judge McCall rejected the motion and ruled that the jury would be able to view the penis pump. Prosecutor Pattye High indicated that the penis pump had been sawed in two by an Oklahoma State Bureau of Investigation chemist in order to swab it for DNA evidence.
The defense also sought to prevent testimony regarding a second penis pump. In support of the prosecutions desire to introduce evidence of a second pump High contended that Judge Thompson who is alleged to have begun using the penis pump in court in 2001 became more brazen by 2003 and was using a second such device. The prosecution wanted to introduce testimony about a second penis pump, one that former court reporter Lisa Foster says she discovered under Thompson's bench in 2001. With the defense contending that there was only one penis pump and that it was a gag gift. Evidence of a second pump would contradict the defense claim. Judge McCall ruled that evidence of a second penis pump would be admitted at trial.
McCall also overruled defense attorney Clark Brewster's objection to testimony by witness Angela McClanahan, who admitted under grand jury questioning that she had a sexual relationship with the married judge. The prosecution claims McClanahan is needed to identify photographs found on Thompson's state-issued computer. Prosecutors contend McClanahan took the photos of Thompson's penis. The prosecution also contends that Foster then will compare characteristics from that photo to the penis she claims Thompson exposed while presiding over trials.
Defense attorney Brewster called that a subterfuge designed to embarrass
Thompson and prejudice the jury. Brewster stated:
If she (Foster) saw a penis, it was his. There doesn't need to be a penis
identity, or a penis line-up..
Judge McCall said he would decide on this matter later.
Judge McCall also took under advisement proposed testimony from a former court employee who claims Thompson exposed himself 14 or 15 years ago.
Thompson's trial is scheduled to begin on Monday, September 26 which is also Thompson's birthday. The prosecution plans to introduce a total of 30 witnesses one of whom it identified as court reporter Jan Doolin. The prosecution said Doolin will testify that she cleaned out Thompson's office after he retired. Prosecutor High told the judge Doolin that has admitted removing hand lotion and prescription bottles of erectile dysfunction medicines Viagra and Cialis. High indicated that Doolin said the items were things she thought might be damaging to the defendant. High also went on to state that Doolin took those items to the family farm and destroyed them.
The defense indicated it plans to call 27 witnesses.
Both the prosecution and defense accused each other of hiding evidence and witnesses until the last minute.
A pool of 350 potential jurors have been ordered to appear at the court on Monday. Thompson's trial on the three felony counts of indecent exposure is expected to last about one week. If convicted he faces up to ten years in prison on each count.
