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CREEK COUNTY, OK---The attorney for former district judge Donald Thompson, charged with indecent exposure for allegedly using a penis pump beneath his black robe during a murder trial, has moved to dismiss some of the charges because he claims the during the preliminary hearing the prosecution didn't establish the elements need to bring the charge.
In December, following a preliminary hearing, a judge found that enough probable cause existed for Thompson, 59, to proceed to trial. The former judge is charged with four felony counts of indecent exposure for allegedly using a "penis pump" during two murder trials and a civil trial during 2003.
Lisa Foster, a former court reporter for Thompson, was the only witness for that hearing and now Thompson and his attorney are seeking to blocking her testimony, claiming that she was under the influence of drugs when she testified. They also claim that her testimony fails to meet the level of proof required to bring felony charges of indecent exposure.
Thompson's attorney also argues that the four factors required to bring felony indecent exposure charges have not been shown, that the act was willful and offensive; should have been lewd; that the penis was exposed and that the act occurred in a public place.
He says no evidence was presented at the preliminary hearing that Thompson's acts offended anyone or were willful and argued in his brief that no one observed Thompson's penis during the murder trial when the act allegedly occurred.
Foster testified that she had marked her notes every time she witnessed Thompson masturbating with the "penis pump" while he was presiding at trials between 2001 and 2003.
The prosecutor says the state only has a burden to show that the crime was committed and that there is probable cause to belief Thompson committed that crime.
At his arraignment in late January, Thompson's attorney's argued that Foster's testimony should be thrown out because she had allegedly taken Xanax before the preliminary hearing. Foster had admitted on cross examination that she had taken one Xanax pill before testifying.
Another court reporter is scheduled to testify against Thompson.
Thompson has also been charged with one count of misuse of a state computer as it is alleged that he kept explicit photos of himself on his office computer. He is scheduled to go to trial on June 12. He could face up to 41 years in prison.
Thompson was arrested last year. A judge for over 22 years prior to his resignation, Thompson is collecting his $88,000 annual pension but if convicted, the pension would be revoked.
DNA samples have reportedly been taken and processed by the Oklahoma State Bureau of Investigation. However, according to test results, there were no signs of Thompson's DNA on any of the materials seized from around the judge's bench including the carpet.
Thompson has denied the accusations and says that the pump seized was a gag gift from a friend. The sex toy and another one found under the bench will be admitted as evidence at trial and jurors will be allowed to see the sex toy.
Jurors told police that they heard whooshing noises coming from the bench during the proceedings. 4-26-06
© 2006 North
Country Gazette
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