Thompson was convicted of four counts of indecent exposure and was ordered to serve four, consecutive, one-year sentences. Prosecutors alleged that he used a penis pump while presiding over trials.

In his appeal, Thompson alleged seven errors at his trial, including the use of illegally obtained evidence, improper jurors, violation of the hearsay rule and admission of improper evidence.

The Oklahoma Court of Criminal Appeals said in its unanimous opinion, “After thorough consideration of these propositions and the entire record before us on appeal including the original record, transcripts and briefs of the parties, we have determined that neither reversal nor modification is warranted under the law and evidence.”

Thompson’s attorney, Clark Brewster of Tulsa, said that although it is never surprising to see an appeals court uphold a lower court’s decisions, he was disappointed by the ruling.

He said he had thought Thompson had a good chance with his appeal based on an improper summary of tapes given to the jury. The summary was never introduced as evidence, Brewster said.

In addition, the prosecution altered the penis pump to make it work when it was presented as evidence, he said.

The court noted: “Any alteration to it was done by an OSBI (Oklahoma State Bureau of Investigation) chemist and fully explained to the jury. The alteration did not destroy the pump or make it unworkable.”

Richard Smothermon, the district attorney for Pottawatomie and Lincoln counties, prosecuted the case.

“We expected the case to be affirmed on appeal,” Smothermon said. “The evidence was overwhelming. The case was tried cleanly.

“My hope now is that Creek County, the victims in this case, will finally be able to put this behind them because this ends an ugly chapter in our history.”

Thompson retired from the bench pending an investigation of the allegations.

The former judge is also challenging a decision by the Oklahoma Public Employees Retirement System to withhold his benefits following his felony convictions. That challenge will wait until he can appear in person before a hearing officer presiding over his appeal.

Thompson’s gross monthly benefit from the Uniform Retirement System for Justices and Judges was $7,789 at the time of the forfeiture.

The Pardon and Parole Board has twice denied his request for leniency.

Brewster said Thompson is to be released next spring.

“We are going to do all we can for him, given the circumstances, and will continue to be zealous advocates on his behalf, I assure you,” he said.

Brewster pointed out that Thompson was a judge for 24 years.

Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com