OKLAHOMA CITY (AP) - Jurors and others in Judge
Donald Thompson's courtroom kept hearing a strange whooshing noise, like
a bicycle pump or maybe a blood pressure cuff.
During one trial, Thompson seemed so distracted some jurors thought he
was playing a hand-held video game or tying fly-fishing lures behind the
bench. The explanation, investigators said, is even stranger than some
imagined: the judge had a habit of masturbating with a penis pump under
his robe during trials.
The lurid allegations have led to criminal charges against Thompson, brought
an embarrassing end to a solid career and shocked many of his colleagues.
The case could also lead to a wave of appeals from defendants claiming the
judge was not paying attention while presiding over their cases.
Thompson, a 58-year-old married father of three grown children, has denied
the allegations and said the pump was just a gag gift received from a
hunting buddy on his 50th birthday. He retired in August after being threatened
with removal from the bench but still faces indecent-exposure charges
brought against him last month.
"We're certainly saddened by the thought that the prosecutor filed
charges," said Clark Brewster, Thompson's lawyer.
"We thought all this was dealt with when he resigned. We didn't feel
like anything that was alleged rose to the level of criminal charges."
The trials during which he allegedly used the pump included murder cases,
as well as a libel suit in which a jury ordered the company that publishes
the Oklahoman newspaper, a website and a TV station to pay $3.7 million.
Oklahoma Attorney General Drew Edmondson, who filed the paperwork to remove
Thompson from the bench, said he would be surprised if the scandal did
not lead to appeals. But he said: "I don't know if they will be successful.
They will still have to show actual prejudice to the point that something
was done in error."
Jim Wall, police chief in the small town Sapulpa, said he had heard rumours
of the judge's behind-the-bench activities for about a month but added:
"You've got the most powerful man in Creek County and I think a lot
people were intimidated by him."
Police built a case against the judge after one of Wall's officers testified
during a 2003 murder trial. From the witness stand, the officer saw a
piece of plastic tubing disappear under Thompson's robe. During a lunch
break, officers took photographs of the pump under the desk.
Investigators later collected carpet samples, Thompson's robes and the
chair from behind the bench and found semen, court records showed.
A former state legislator and a judge with more than 20 years on the bench
in Creek County in eastern Oklahoma, Thompson was well-liked in the community
and had helped many young prosecutors and judges learn their jobs. But
those who know him said he had become withdrawn in the last few years.
Thompson's court reporter, Lisa Foster, told authorities she saw him use
the pump at least 10 times during trials. She said the first time in court
was in 2000 but she did not tell authorities.
"I didn't want to be found dead in a ditch somewhere," she said.
Foster told authorities she saw Thompson use the device almost daily during
the August 2003 murder trial of Kevin Vomberg, a man accused of shaking
a toddler to death. The case ended in a hung jury. The whooshing sound
could be heard on Foster's audiotape of the trial.
When jurors at the trial asked the judge about the sound, Thompson said
he hadn't heard it but would listen for it.
Foster and a bailiff were fired by Thompson after giving statements against
him.
"I always thought he was an excellent trial judge," said Don
Nelson, who tried more than 40 cases before Thompson as the prosecutor
assigned to his court.
Nelson handled a murder trial during which authorities said Thompson
used the pump. The jury ended up convicting the defendant on the lesser
charge of manslaughter.
"I never heard anything that was going on," Nelson said.
"I was completely shocked and couldn't believe it."