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BRISTOW, OK---A gag order has been issued on all officers of the court including clerks, attorneys, witnesses and jurors as the penis pump trial of former District Court judge Donald Thompson became more graphic and bizarre.
A felony warrant is still outstanding for a key witness in the case, Thompson's former business partner who has disappeared.
Commanche County district judge C. Allen McCall also ordered that any video cameras, phone video cameras, still cameras and tape recorders be removed from the courtroom.
Nine former jurors in two murder trials at which Thompson had presided testified Thursday with one saying that he had observed Thompson clipping his toenails during proceedings and another one saying that she had been contacted the night before by defense counsel Clark Brewster and felt intimidated by the call. The woman said that Brewster had told her he didn't want any juror getting on the stand and testifying that Thompson had masturbated while on the bench and she alleged that he wanted her to change previous testimony.
The juror, Helen Orcutt, testified that she had seen Thompson's black robe moving up and down at the same time she heard a whooshing sound.
She had audiotaped the call and the tape was played in closed door proceedings before Judge McCall, prosecutors and defense attorneys.
All nine former jurors testified Thursday that they had heard a whooshing sound frequently while they were in the jury box for one murder trial in 2003 but on cross examination, said that they had not seen Thompson expose himself. When prosecutor Richard Smothermon showed the witnesses the penis pump that was in evidence, allegedly belonging to Thompson and squeezed the pump handle, each juror identified the sound as the one they had heard during the 2003 murder trial.
The pump had been found in a locked filing cabinet in Thompson's chambers along with his personal papers.
A court reporter has testified that she saw Thompson's penis while she was recording trial proceedings.
Police Capt. Mike Reed has testified that when he was on the witness stand during the murder trial that he could see Thompson operating the penis pump.
Thompson is on trial on four felony counts of indecent exposure for allegedly using a penis pump while adjudicating four trials in 2002 and 2003.
He has denied the charges and while admitting that the penis pump was his, said it was a gag gift for his 50th birthday and had never been used. His attorney admitted that Thompson had purchased another penis pump after a doctor who was treating him for erectile dysfunction and other medical problems had recommended it.
A urologist has testified, confirming that Thompson was treated for erectile dysfunction but said Thompson had no other medical problems.
Brewster claims that Thompson wasn't guilty of masturbating on the bench as charged and said that the local police were out to get his client because the judge had made rulings unfavorable to the police.
In opening testimony the jury saw pictures of the penis pump, taken by Reed during a 2003 trial. The police officer testified Tuesday that he had been on the stand during the 2003 trial when he heard an "air pressure" noise. Reed told the jury that he had seen Thompson sitting with his elbows on his knees and that there was a tube running up his robe, between his knees but that he had never seen Thompson expose himself. Two other police officers also testified that they had heard the whooshing noise come from the direction of the judge during the August 2003 murder trial.
Thompson's former secretary and bailiff, Zelma Hindman, has testified that she saw the judge expose himself when he was presiding at a murder trial when she returned early from an errand and entered the court through a side door.
Two court reporters, Michelle Smith and Jan Doolin who cleaned out Thompson's chambers after he retired in 2004 when the penis pump allegations first surfaced, testified that they had found hand lotion, a pornographic magazine, a condom, Viagara and some disposable razors. Prosecutors say that Thompson also "shaved his scrotum" during one of his trials.
During the preliminary hearing, former court reporter Lisa Foster testified that she saw Thompson shave his pubic area during closing arguments in a murder case. She said she didn't report him because she was afraid of losing her job.
Prosecutors were forced to drop a misdemeanor charge of misuse of state property, Thompson's office computer Thompson's business partner Angela McClanahan disappeared.
The charge centers around four pornographic photos in a computer seized from the judge's office which allegedly show a woman performing oral sex on a man which is allegedly Thompson. The woman is allegedly McClanahan.
Brewster claims that the man in the pictures is not Thompson and that Thompson was unaware that the pictures were on his court computer.
Thompson's attorneys had argued to dismiss the computer charge, or to have it tried separately, saying it was an effort by prosecutors to prejudice Thompson before the jury.
McClanahan failed to appear in court last week and McCall issued a warrant for her arrest. But when police officers arrived at her home to arrest her, McClanahan reportedly ducked out the back door and police lost her in a foot pursuit. Without their witness, prosecutors withdrew the computer charge to be refiled later. 6-23-06
© 2006 North
Country Gazette
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