Former Creek County judge waives his preliminary hearing

Tuesday, March 22nd 2005, 6:15 am

By: News On 6

SAPULPA, Okla. (AP) _ A former Oklahoma district judge accused of exposing himself during court cases waived his right to a preliminary hearing Tuesday, setting the stage for a trial next month.

An April 18 trial date was set for former Creek County District Judge Donald Thompson, 58, who is facing three felony counts of indecent exposure for allegedly masturbating using a device called a ``penis pump'' under his robe while presiding over three separate trials in 2003.

``We very calculatingly declined the necessity for a preliminary hearing today,'' Thompson's attorney Clark Brewster said. ``The judge still firmly denies these sensational charges ... and looks forward to his day in court.''

The preliminary hearing was to determine if there was enough evidence to hold Thompson over for trial.

Richard Smothermon, district attorney for Lincoln and Pottawatomie counties, was selected to prosecute the case after Creek County District Attorney Max Cook recused himself. Smothermon said he wouldn't say if efforts would be made to settle the case before trial.

A court reporter and a Creek County bailiff told investigators they saw Thompson attach the penis pump while presiding over the murder trial of Kurt Vomberg in May 2003. Several jurors in that case also said they heard what sounded like a bicycle pump or blood-pressure pump, according to a probable cause affidavit.

Thompson also is accused of using the device during another murder trial in August 2003 and a civil trial in September 2003.

Thompson, a married father of three grown children, has denied the allegations and said the pump was just a gag gift he received from a friend on his 50th birthday. He retired in August after being threatened with removal from the bench.

If convicted, Thompson would face up to 10 years in prison and a $20,000 fine on each charge and would have to register as a sex offender upon his release.

State law also provides for the forfeiture of retirement benefits if a public employee is convicted of a felony or other crime that violates their oath of office, said Tom Spencer, executive director of the Oklahoma Public Employees Retirement System.

Thompson draws $7,489.91 a month in retirement benefits. .