The petition for removal of Judge Thompson included several allegations of violation of the the Code of Judicial Ethics, including the following, paraphrased from the petition itself: (1)Beginning in the year 2000 and continuing periodically there after Lisa K. Foster, for 15 years Judge Thompson's court reporter, while in court saw Judge Thompson's penis, saw him masturbating using a penis pump and heard sounds which she associated with his his use of the penis pump, once saw Judge Thompson holding his penis and shaving underneath it with a disposable razor and saw the judge applying lotion to his penis on multiple occasions. Foster told investigators that these events occurred during both jury and non-jury trials. Lisa K. Foster was fired by Judge Thompson during the course of the investigation.
(2)Dianna Lynn Strickland was Judge Thompson's minutes clerk for 23 years before leaving to become a deputy court clerk. Strickland held a second job, that of helping her husband perform janitorial work in Judge Thompson's courtroom. Strickland told investigators that on occasion while working as Thompson's minutes clerk that she had heard a sound which she described as "like a blood pressure cuff sounds where you're pumping it up". Strickland also indicated that her husband while performing his janitorial duties had on multiple occasions found what he believed to be urine in the trash can under Judge Thompson's bench. Strickland also told investigators that her husband found a penis pump under Judge Thompson's bench.
(3)Zelma Hindman, Judge Thompson's secretary eventually took over the janitorial responsibilities for his courtroom. She told investigators that while performing those duties she found semen in the judge's trash can on more than one occasion. She also indicated that she first saw the penis pump several months prior to November, 2003. She indicated that sometimes the pump was kept in the judge's office but most of the time it was under the bench. There were times she heard the pump in use both in the judge's office and the courtroom. Hindman indicated that once upon returning from running an errand for the judge that she saw the pump in the judges lap and thought she saw his penis. Judge Thompson terminated Ms. Hindman on the same day her terminated Lisa Foster.
(4)Sapulpa, OK Police Chief James I. Wall indicated that during a first-degree murder trial in Judge Thompson's court on August 22, 2003 he was seated in a front row seat in the courtroom and heard a sound he likened to "air being pumped and released similar to a blood pressure cuff".
(5)Sapulpa, OK police sergeant Michael Reed indicated that while testifying as a witness in the August 22,2003 trial that he heard a sound like air coming from an air pump. Reed stated that he turned in the chair and saw Judge Thompson with his elbows on his knees and that there was a white plastic-looking device in the judge's right hand and that the judge's hand was moving up and down. Reed also stated that a section of the device disappeared between the judge's legs beneath his robe and that when the judge's hand would move Reed would hear the "ch-ch" sound. During a break in the trial Reed saw the device was a penis pump and assisted in taking pictures of it.
(6)A juror at the August 22, 2003 trial commented to Ms. Foster that she heard a "popping" sound and asked Foster if she knew what it was. Foster told investigators that she confronted the judge and he replied "I don't know what they are talking about. Do You?" Foster indicated that Thompson asked her to let him know if the jurors or she heard the sound again.
Immediately following the initial report, local news media jumped on the story and several reports appeared in short order. The following is but a brief summary of a few such reports:
On 6/25/04, the Tulsa World in a report titled "AG aims to oust judge" quoted Clark Brewster, Judge Thompson's attorney, as stating:
"The whole genesis for the allegations involves a well-known courthouse joke. About the time he turned 50, he was given a gag gift by a hunting buddy, a penis pump, in poor taste. It sat in the courthouse the past several years and was in various places. Many of the lawyers and court personnel were aware of it. It became the source of a lot of joking around and humor. The individuals that we believe are behind this attempt to embarrass the judge took that opportunity to blow it into a much more sinister set of allegations."
Brewster also went on to state that the judge is horrified that the allegations have been brought against him.
Also on 6/25/04, the Daily Oklahoman in a report titled "Trial participants weigh in on judge" reported the comments of participants in the August, 2003 trial in which it is alleged Judge Thompson used the penis pump.
Jury foreman Helen Orcutt, told the newspaper that judge was "masturbating, plain and simple." As jury foreman Orcutt was seated closest to the judge's bench. She was quoted in the referenced report as stating: "You could see his robe moving back and forth. It was drawing our attention away from what we were supposed to be doing. We all had the same conclusion - he was pumping himself up. You could tell by the gestures."
In the report all three women expressed fear of being fired as the reason they did not bring Judge Thompson's alleged behavior to the attention of authorities.
Strickland revealed that she had herself transferred from Judge Thompson's courtroom in 2002 after deciding the working relationship had become too uncomfortable because he had allegedly made a vulgar sexual proposition to her.
Both Lisa Foster and Zelma Hindman were fired by Judge Thompson on the same day. The day after Foster testified before the Council on Judicial Complaints.
Less than a week after the Attorney General filed the petition for Judge Thompson's removal from the bench the judge was cited for speeding and driving on a suspended driver's license by the Glenpool, OK police department. News media reports indicated the judge's license had been suspended since April of 2004.
In a Tulsa World report date 7/09/2004 and titled, "Porn use by judge alleged" it was revealed that at least nine sexually explicit pictures and a suggestive e-mail were found on the state owned computer assigned to Judge Thompson.
The referenced report indicated that the computer had been examined by the Administrative Office of the Courts and that a request for the examination had been made by The Associated Press.
The Tulsa World report quoted Judge Thompson's attorney Clark Brewster as saying: "I know for a fact a terminated employee's computer was copied and transferred to the judge's computer so he would have certain forms. This occurred just before his computer was examined."
"It may well have been something captured on his computer by virtue of research or a court exhibit."
The referenced report also revealed that during the examination of the judge's computer an e-mail was recovered which appears to indicate that the judge was conducting personal business involving rental property on the state computer and that the e-mail also contained a reference to oral sex.
The report went on to quote Zelma Hindman as saying that the judge had pornography on his state computer and that at one time she had seen an icon of a naked woman on the computer's screen. The report indicated that at some point in time Judge Thompson's computer was experiencing problems requiring repair. The article went on to quote Hindman as saying: "Some techs came from Oklahoma City to work on them and discovered that (the judge) had been looking at porn on it."
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.
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.
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.
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.
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