NEW DETAILS: Otto Zehm's Trial - Spokane, North Idaho News & Weather KHQ.com

SPOKANE, Wash. - KHQ has obtained new details in the ongoing trial of Otto Zehm, the man who died after being beaten and tased in a north Spokane convenience store.

Last week the United States Court of Appeals for the 9th Circuit Court concluded that evidence of Otto Zehms "innocent conduct" should be excluded from the criminal case against Spokane police officer Karl Thompson.

This means potential jurors will never know that Zehm had not committed a crime before he was attacked in March of 2006.

This is a preliminary ruling and could change once the trial begins.

As for the police officer involved in the incident, Karl Thompson, he's charged with excessive force and lying in reports. His criminal trial is set to start October 11th.