Court reporter accuses Thompson

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She testifies that she saw him masturbating with a sexual device during trials.

BRISTOW — The court reporter for former Creek County District Judge Donald Thompson testified Monday that she saw his penis "at least 15 times" and that she saw him urinate into a wastebasket twice during trials.

Thompson is on trial on four felony counts of indecent exposure, which allege that he used a penis pump to masturbate while on the bench.

The court reporter, Lisa K. Foster, provided powerful and emotional testimony Monday about the "shocking and disgusting" things she saw from 2001 into 2003.

Foster was Thompson’s court reporter for 15 years. He fired her in September 2003 for reportedly cooperating with an investigation of his alleged misconduct.

Foster also told jurors that she saw Thompson "shaving his scrotum" during closing arguments in an August 2003 murder trial.

That trial was for Tammy Renee Brooks, accused in the 2000 murder of her 21-month-old daughter, Skyla Brooks.

Foster testified that while the assistant prosecutor, Carol Iski, was giving her closing arguments in the case, Thompson pulled his penis out of his pants, pulled it close to his body with his left hand, and began shaving

his scrotum with a disposable razor.

"It wasn’t long strokes" with the razor. "He was sort of picking at it," she testified.

"I was shocked and disgusted" and the alleged action "made me angry because this was the murder case of a baby," she said, her voice cracking with emotion.

She told jurors that she was also sickened when she saw Thompson work his penis pump on himself during tearful testimony from Skyla’s grandfather about the last time he saw the child alive.

Foster testified that she first began hearing unusual "shoo-shoo" noises in court in September 2000.

She said she heard the same noises again in January or February 2001, and realized then that they were coming from Thompson’s bench.

Softly sobbing, Foster told jurors that when she looked in the judge’s direction, she saw a plastic cylinder over his penis, and his right hand squeezing something that produced the noises.

"I was shocked and scared because it was so bizarre," Foster said.

She told another court reporter, Theresa "Terri" Clee, about what she had witnessed, she said.

"He’s got some sort of sex toy with his penis in it," Foster testified she told Clee.

Clee testified last week that she also saw Thompson’s penis during a trial, as did the judge’s former bailiff, Zelma Hindman.

Foster said she took three photographs of the penis pump under the judge’s bench to show her husband and others in case they thought she might be crazy or lying.

In her testimony Monday, Foster described Thompson’s penis, which she claimed to have seen both flaccid and erect.

She said at first it was flesh colored, but over time started looking "raw" and then finally purplish.

That description matched the testimony by Samuel Dakil, a Norman urologist, on Friday as to how a penis subjected to a pump would appear.

Foster said she saw Thompson repeatedly use the penis pump at trials throughout the next few years but kept it to herself for fear of losing her job.

She also indicated that she feared for her life if it became known that she knew.

"I didn’t want my body being found in a ditch somewhere," she told jurors.

It was only after the Brooks trial that a complaint was received by the state Office on Judicial Complaints from Sapulpa Police Chief Jim Wall, who charged that Thompson had masturbated during the proceedings.

Wall and Detectives William Brant Green and Mike Reed were at that trial when they started hearing noises.

During a lunch break, Reed, at Wall’s urging, photographed the pump under the judge’s bench.

Foster told the court that her childhood friend Stacy Young, who is married to a Sapulpa police officer, soon called her to find out what she knew.

Foster said she then told Young what she had been keeping a virtual secret all those years.

Although she tried to keep what she was seeing to herself, Foster told the court, she did make steno notations of the noises she heard during trials.

Those notations appear as repeated "sh, sh" in her steno recordings.

The notations were also pegged to audio recordings of some of the trials in which the pump noises were heard.

Jurors, wearing wireless headphones, listened to nearly three hours of those recordings Monday.

Faint whooshing could be heard as testimony or arguments were carried on in court.

The special prosecutor Pattye High, using a projector, showed jurors copies of Foster’s steno notes in which the "sh, sh" notations appeared in relation to the noises on the tapes.

Foster will be cross-examined Tuesday by the lead defense attorney, Clark Brewster of Tulsa.

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