Washington Courts

The witnesses for Morning Star Boys Ranch were, to a person, decent, forthright, and caring. They were people who did their work as care-givers to the young boys at Morning Star over the years in concern and simple dedication. They were people who cooked, cleaned, wrangled the horses, took the boys on outings, tutored them when they came back to the ranch after school and played games with them in the evenings.

Two of these innocents were people who came together in respect and love of one another, came together free of any sort of artificiality, as a result of meeting at the ranch. And, who in innocence began to make a life together. The two we learned about during the trial were Doyle Gillum and Tricia Gillum.

Tricia grew up in Washington in the Anacortes area of Puget Sound. She came to Spokane after high school and worked at a bank on the South Hill. Doyle had grown up in the Omak - Okanagan area just east of the Cascades – an area connected to Canada and surprisingly to Seattle, yet a farming - ranching area. Tricia enjoyed doing volunteer work. When she came to Spokane she began volunteering at Morning Star Boys Ranch after becoming aware of Morning Star at the bank.

Afer work, she went to the to the ranch 2 - 3 times a week to help with dinner, play games with the boys, help them with their homework. Doyle Gillum was there every time she was there. He was on the evening shift. They worked together. She came to know Doyle. They became friends and after she stopped volunteering, they started to go out. She went back to the West Side — “the Coast” we say over here.  Doyle visited her every weekend. Their love grew.

That Christmas she came over to Spokane and she and Doyle went horseback riding at the Ranch. It was then he proposed. And, they were married.

Doyle went into the Air Force. After Doyle’s training, they moved to Omaha, Nebraska. In late 1994 Doyle went bird hunting with a friend, a neighbor. The men were accidentally caught up in a train accident – Doyle was killed.

Tricia gradually put her life together again. She married and now has an 11-year old daughter. She teaches 3rd grade at a Christian school and lives with her husband and daughter in South Carolina where her husband, Michael Schmidt, works for the Federal Bureau of Prisons.

This person, Tricia, is a fine and good person. She loved Doyle Gillum. She was drawn to him because of his goodness, his love for others, his integrity and essential decency. There was nothing but good in Doyle. She knew, she testified. Even the darkest of souls would not have questioned the goodness and truth of Tricia Schmidt.

One wondered how could anyone pursue accusations against Doyle, against the goodness of this man, against what was the goodness of the choice Tricia had made in Doyle.

To those observing there was a strange unreality taking place. One wondered whether the plaintiff and his attorney were just trying to impress a lie on the jury, on the court, on the public mind – to gain what? Money? That could be it, but may be there was something more, it may be that it was an insidious desire to do injury. A desire to presume good people were bad people and to get a jury and a court to join them in what could only be false taking of money from a good institution and to get a jury and a court to indulge in some sort of great lie that decent people were instead – well, instead, – evil people.

Tim Kosnoff, the attorney for the plaintiff, the attorney advancing the absurd claims of his client, tried to besmirch the character of Tricia Schmidt. He tried to suggest there was something odd in Doyle Gillum’s going into the Air force and not seeing her more often than weekends when he was in training across the state from her. He tried to suggest there was something wrong in relocating to Omaha. He tried to raise suspicion as to Doyle’s tragic death.

I sat and listened in amazement to this slick lawyer as he tried to raise doubts. Somehow it seemed to me he must be thinking he could create some negative aspect by asking questions, as if there was something sordid behind the question – that all he had to do was to ask the question and somehow connect it to a public prejudice, connect it to some sort of negative spirits in the minds of the jurors. I shuddered.

There were no public responses to these efforts by Mr. Kosnoff. But, some were watching. Some caught up on what he was doing. Some did not think his conduct was appropriate –

In fact, it was not even appropriate as far as those who would use our judicial system as some sort of personal injury lottery – a lottery where you try to get a jury or a judge to join in plays for money.

This sort of law is the “legal enterprise phenomenon” of plays on “public prejudice.” Kosnoff and Company are masters of the process, it seems. Sad. What is the process of law becoming?

Despite the efforts of Kosnoff and Company, the jury saw the truth, the innocence and good will, of Doyle and Tricia Gillum.

In the hallway outside of the courtroom yesterday (February 3, 2010), I talked with two people - one who had been observing the trial every day, and one, a former radio talk show co-talker who was observing that day.

The radio talker was of the opinion that men engaged in sex with boys and seemed to believe that if a person said a man had come out and said a man had sex with him when he was a boy, it was probably true. She was a bit in disbelief when I said the evidence in the case, at least as far as I had understood it, did not establish that Kenny Putman had been sexually in contact with anyone at Morning Star Boys Ranch.

She seemed to be a bit uncomfortable with my observations, so I changed the subject and we talked of various pleasantries – of Mark Fuhrman becoming a counter-terrorist specialist for Fox News and that soon he would be heading off to Israel. That will be interesting, I said. (And I meant it.)

The other person I talked with said he had “at least 200 cases” of confirmed priest sexual abuse. He must be part of some sort of group against priests or the Catholic Church or someone. I have seen this man before and remember he was in the courtroom one time when I observed a hearing in the Spokane Diocese bankruptcy appeal before District Court Judge Justin Quackenbush. See this Spokesman - Review piece.

We also talked about the circumstances of man-boy sex abuse. He said it always occurred in private. I said hetero sex also takes place in private.

His point was that if people thought that such things took place in public from time to time, a person who had been sexually abused would never be able to prove his case. Consequently, if the boy, now a man, said that sex took place 20 -50 years ago, it was probably (was he thinking “must be”) true?

I did not go into his argument. I did not tell him that such events may take place in private, but that the private trysts would have to be established, could be established by evidence that man and boy actually were together alone in a private place. For example, that people saw them go into a private place.

I wanted to tell him that men and men and men and boys engage in something on a regular basis in High Bridge Park and its environs every day in good weather in Spokane. How does one know this? Because one can observe while he is walking his dogs that men and boys regularly leave their cars individually and walk deep into the park near Latah Creek and into the bushes, the same general bushes. Thus, the tryst could easily be established. What goes on at the time of the tryst may be “secret,” but the meeting would not be.

I wanted to tell him these things, but did not. I sensed it would be a waste of time. I left the man and the conversation with a shudder rising in my being. A shudder because his prejudices seem like they might be the hidden reason why people could easily get away with false claims of man-boy sexual abuse. I wondered how many false claims had been approved and paid in the Spokane Diocese Bankruptcy.

There is no evidence in this case that establishes Kenny Putnam was ever alone with Father Joe Weitensteiner or Doyle Gillum. There is no evidence, other than his statements, that he ever had sexual contact with anyone at Morning Star Boys Ranch.

There is something deeply wrong with Kenny Putman, but it has to do with the treatment he received from his mother and father, not the treatment he received at Morning Star Boys Ranch. This deeply-troubled young man is not being helped by the bringing of this action. And, he will not be helped even if he prevails.

Years ago, Spencer Hampton was in trouble. He pled guilty to a crime, a business financial crime, and went to federal prison. He spent seven months at Leavenworth Camp at Leavenworth in Kansas. When he was released on probation, he was obligated to perform 3,000 of community service. He began working at Morning Star Boys Ranch in 1984. He continues to work at the ranch today.

Mr. Hampton is about 70. He has two adult children, spent four years in the Air Force and has an honorable discharge, the trouble he got into was related to his work in a mortgage brokerage effort in the Omaha area.

At Morning Star, he worked on maintenance and groundskeeping. As time passed and as he became more acquainted with the work of Morning Star, he found his calling, he enjoyed the work and goals of the ranch. He trained, learned what had to be done to help the boys and keep records and protect the boys from themselves when they were having difficulty. He worked with Doyle Gillum, was trained by Reese Hall, was supervised by Lyle O’Neal and Father Joe Weitensteiner, and others.

He became and still is a Shift Supervisor – he is with the boys all the time and supervises and keeps records of the work of the staff workers who are in constant contact with the boys.

He testified to his knowledge of Doyle Gillum, Father Joe and others at the ranch. Questions were asked as to whether he had any knowledge of sexually inappropriate contact, words, etc. The answers were always a clear calm “no.” He was asked whether he ever saw or heard of Father Joe striking a boy,  “no,” striking Kenny Putnam, “no,” hacking a boy, “no.”

He remembered Kenny Putnam. He described Kenny as an assaultive, vulgar, disruptive, “particularly angry young man.” He said Kenny liked being with the horses; that he could express himself around the horses.

He spent a great deal of time with Kenny. Kenny would act out and had to be kept from hurting himself, others and property. He talked about the progress of restraint and the reasons for it. The progress of discipline or restraint consisted of kneeling, time outs, chores, and if necessary, when the boy was out of control, actual physical restraint.

This physical restraint is more in the nature of a person being behind the boy and embracing him, having him lean forward, or sit down and waiting as he held the boy for the boy to calm down and come back into his self-control.

He spoke of many difficulties Kenny Putnam had adjusting to the ranch, being with other boys.

He spoke of his constant efforts with Kenny, his care for Kenny and the work at the ranch.

He was forthright, content in his work and his life at the ranch. I had the sense that Spencer Hampton found redemption and a calling at the ranch. It was obvious that he had experienced grace and that he was doing what he could to pass that grace onto the boys he worked with at the ranch.

On Monday, February 1, 2010, the attorneys for Morning Star Boys Ranch put on a host of witnesses. Bob Sestero did most of the direct examination. This was the day the jury and the court observers got a good chance to see this young man in action. He was good. His questions were well prepared and organized. He handled himself well when a rough spot came up and when it was necessary to rephrase a question so that it would be put more appropriately, he was able to do so. He was well-mannered and respectful of all including defense counsel, Tim Kosnoff and Dan Fasy.

The witnesses came on in fairly rapid succession. Nothing was rushed, but no time was wasted on questions which might touch on testimony, though interesting and good was irrelevant. One can see from this real first day of the defense that they are going to use their time well and to the purpose. The defense must be finished by this coming Thursday.

Now, the witnesses and the testimony:

David R. Tucker is 37, married, living with his wife and their five children, ages 3 - 15, self-employed, working as a cell tower contractor and wireless communication maintenance contractor.

He went to Morning Star for about 16 months during 1988 to 1989. He and plaintiff Kenny Putnam were in a receiving home together before they were both placed at Morning Star. At the ranch, they were together daily. He describes Putnam then as not shy, aggressive, rough, mouthing off, antagonistic.

He talked about outings with Father Joe and others at the ranch. He talked about Doyle Gillum and how often he was in contact with him – daily. As to each of Father Joe and Gillum he testified that neither had done anything inappropriate, said anything inappropriate, were anything other than caring men doing their work as people trying to help boys and young men on their feet.

He testified that Father Joe had never tried to isolate a boy, had never been isolated with a boy, was always with more than one boy.

Jeffrey Benz, by deposition:

Mr. Benz’ deposition was taken in British Columbia, Canada, in Surrey with his girlfriend, his child and his girlfriend’s mother. His deposition had a certain frankness to it which was interesting. He said he had nothing to do with Morning Star and that he did not care one way or another about the litigation. He just wanted to live his life in Canada.

He is 33. He was at Morning Star at the same time as Kenny Putnam. He said he and Putnam were buddies at the ranch, that they hung out together. He talked about going on ski trips with other boys and Father Joe. How they would go to the parish house, Father Joe had an apartment in Hillyard at St. Patrick’s and then head off for skiing early the next morning. He said Father Joe had a small apartment with a living room, kitchen, bedroom and bathroom. The boys camped out in the living room in their sleeping bags. He never saw father Joe alone with a boy. In answer to several questions concerning whether Father Joe was inappropriate in word or deed in any way, he consistently said no.

He talked of boating trips with Father Joe and other boys. Kenny Putnam was there with him on one occasion. He said Father Joe and Kenny Putnam were never alone. He described a situation where he and Putnam had been acting up and that it was necessary for Father Joe to discipline to have them cut it out. Some anger was expressed. Father Joe told them to sit down. At that point Putnam jumped out of the boat and into the lake. He said that Putnam had not come out of the cutty cabin before this happened.

He said that Putnam was angry that day at Father Joe and that he said, “I am going to get that guy someday.”

He said he remained friends with Putnam, that they had never had a falling out. He said that Putnam had never said anything to him about being approached or touched sexually by Father Joe or anyone else.

Dan Fasy read the questions of cross-examination of the deposition. Benz testified that his stepmother’s father was Reese Hall, the friend of Father Joe’s who was involved in the ranch and had a boat at the same lake and (dock) as did Father Joe.

Hoa Le

During the plaintiff’s case, evidence came in that Doyle Gillum and Hoa Le had shared an apartment near Morning Star for a while before Le went off to Tacoma for college. Le was a resident of the ranch and the ranch sponsored the apartment.

Mr. Le is Vietnamese. He and his mother and sister were “boat people” who were able to find their way to the United States. They came to Spokane from Stockton, California with his family in 1986.

Le is married, 39 or so, has two children who live with him and his wife and their mother. He has a Bachelor’s degree in social work from Eastern Washington University, has worked for the Social Security Administration, Hayden Homes, The Arc of Spokane, and now Fairwood Assisted Living. He has a “lay ministry” certificate from Whitworth.

He was at Morning Star during 1988 through 1994.

He talked about Father Joe and Doyle Gillum and testified there was nothing of a sexual nature in their contact with the boys at the ranch, no rumors, just normalcy.

He spoke of Kenny Putnam and testified they spent much time together at Morning Star because the kids were all together many times for meals and recreation. Putnam was not shy, was aggressive, liked to provoke things, would try to draw others into the conflicts he was having, had to be restrained.

Gillum was a staff person he came to know as a friend. Gillum would play basketball with the boys, take them on horseback rides with the ranch horses. There was nothing inappropriate about Gillum.

Le was an usual member at the ranch, Richard Holcomb, another witness testified. He had been successful in school and was successful in his relations with others. The ranch wanted to encourage his growth.

For the last few months of his stay, he shared an apartment with Doyle Gillum at the ranch. Each had his own room. They were hardly together because Le was helping at a local grade school and going to high school at the same time. He said the ranch wanted him to grow up more and learn to live on his own.

He went to Tacoma in an old station wagon the ranch had given to him.

Doyle Gillum was a good friend and a good person.

As an observer, I was left with the clear impression that Mr. Le found in Gillum an elder brother he had respect for and wanted to emulate. And, he has. Mr. Le is a tribute to the short, sincere and giving life of Doyle Gillum.

John D. Lyons

Mr. Lyons is single, but engaged to be married. He is about 36. He was at Morning Star from November 1987 through May 1989. He was there when Kenny Putnam was there.

From February 1994 through April 1999, he was in the United States military. He was a sergeant having reached the grade of E-4. He was honorably discharged.

He now works for American Behavioral Health System as a Facility Monitor.

He worked at Morning Star in 2007 as a janitor and while he was job hunting. He worked the graveyard shift as a janitor and also helped get breakfast ready for the boys.

He talked about Father Joe, Doyle Gillum, Mary Jentges, the social worker who testified earlier in the proceedings, outings on Father Joe’s boat with other kids, skiing trips – no overnights on the boat or skiing and always with other boys.

He talked at some length about Kenny Putnam. He described Putnam as an antagonist, as loud and aggressive, very verbal, always trying to create a bit of trouble, one who would step into a situation and disrupt it. He said he got along with Putnam as people want to do when they spend time together in similar conditions, like in the army.

He said he saw Kenny Putnam at Northwest Seed and Pet in north Spokane some time ago in the spring of 2006. They talked and exchanged pleasantries. He said he asked about the allegations appearing in the news about Morning Star Boys Ranch about the sex abuse cases. He said Putnam said, “I am going to get me some of that money.”

In cross examination by Dan Fasy, he went on to say that Putnam was “not a person he wanted to spend time with.”

Tricia Schmidt

Mrs. Schmidt is the widow of Doyle Gillum. She is married and has a child. She and her husband live in South Carolina. She teaches at a Christian grade school. Her husband works for the Federal Bureau of Prisons.

Tricia Schmidt gave the most poignant testimony of the trial. She loved Doyle Gillum and spoke of their meeting, their lives together, their hopes, their faith and Doyle’s untimely death in a train accident while on a hunting trip with a friend in outside of Omaha, Nebraska in 1994.

I will have more to say about Mrs. Schmidt and Doyle Gillum and her testimony.

Richard Holcomb – more on Mr. Holcomb later. He is a full-time professional in the business of providing services to boys like Lyons, Tucker, and Putnam. He told about the training and the work of the workers at Morning Star. He helped everyone understand how “restraint” was done, about the policies regarding restraint, of how everyone was trained to try to de-escalate the situation prior to restraint, and that restraint was in fact a way where an adult would essentially embrace the person from behind and keep him from harming himself and others and how the restraint would be released as the restrainer experienced the person calming down, relaxing.

Tricia Shanks

Mrs. Shanks said that she helped at the ranch, but that she was not a nurse at the ranch. Witness Paul Bagget had said that he reported sex abuse to a nurse by the name of Shanks. She said no and that she does not remember Paul Bagget.

William Beasley, by deposition. I am going to talk about Wm. Beasley later when I speak more of Tricia Schmidt. He was Doyle Gillum’s good friend.