Washington Courts

Tomorrow, Monday, the attorneys for Morning Star Boys Ranch will finish their case.  They will put Kenneth Putnam on the stand. He will be the main witness; they also have two others.

Mr. Kosnoff and Dan Fasy will put on some rebuttal witnesses and the case will come to an end either in the afternoon or on Tuesday.

On Tuesday, if time allows, the attorneys will present final argument to the jury.  The jury will begin deliberations probably on Wednesday.

This weekend, Judge Kathleen M. O’Connor has been working on the jury instructions.  Both sides have presented instructions.  The instructions selected will be given to the jury prior to the time it begins deliberations.

The jurors were not present in the courtroom yesterday morning. This was the time for the examination Michael Clarke, the surprise witness Attorney Kosnoff wanted to call on behalf of the plaintiff, Kenneth Putman. The purpose of the Clarke testimony was, I thought, to determine whether Mr. Clarke, as a surprise, unidentified witness, could be allowed to be called as a witness to give testimony in court in front of the jury.

Judge O’Connor at 1:30 pm, after deliberating over the noon break and with the jury still outside of the courtroom, made her decision. Mr. Clarke’s testimony would be allowed. She put some minor limitations on the testimony. And, she put limitations on James King, the attorney for Morning Star. The limitations on King were that he was limited in disclosing to the jury a goodly share of evidence related to Clarke’s more than extensive criminal history.

Mr. Clarke has a history so rich in crime he has been able to attend all but one of the penal institutions in the state of Washington. Washington has a goodly number. From his testimony it looks like Clarke was only a student at these institutions. He has yet to matriculate, yet to get his degree that he has been corrected. He seems to be a person who enjoys being in prison.

In allowing Mr. Clarke to testify, Judge O’Connor apparently did not say anything about the fact that Mr. Clarke was a surprise witness. Interesting. She should have. She had to have some reason for allowing Clarke to testify at the last minute, but from what I am told she did not – she just allowed Clarke to testify. Her decision may be a trial error.

So what did Clarke say? He said – he went to Morning Star when he was about 13; that he engaged in fellatio on Father Joe; that it took place at the ranch, on a hike, and on Father Joe’s boat. He says he was close to Father Joe and that he never reported the alleged acts to anyone.

His reporting came about after his attorney informed Mr. King that Mr. Clarke may assert a claim against Morning Star. I do not recall that the claim, which was read in court, said anything about sexual contacts or Father Joe.

Mr. Clarke testified that he went to the Chalet Restaurant at 29^th and Grand with his friend, Bobby Hunter (who talks like Clarke, and says “absolutely” over and over again as an interjected adjective to float around in the words flung into the air of the courtroom). Bobby is a person he smokes “weed” with. He came along with Clarke in the Spring of 2006 to meet with Father Joe. Hunter and Clarke will say Father Joe pushed an envelope toward Clarke which had money in it. Clarke says the envelope was opened and had in it $2,000 in $100 bills. Hunter says the envelope was unsealed and that he could not see how much was in it.

(Hard to believe a person who is alleged to have wanted to buy Clarke’s silence would have given him a bribe in front of a another person he did not know.)

Clarke’s many crimes include counterfeiting and first degree theft many times. When sentenced for his various runs of lawlessness, his sentences were in the range of 2 to 4 years in prison. He also owes restitution in excess of $150,000.

He testified that he had met with Father Joe and one of the attorneys for Morning Star, Matthew Daley. He says he talked about the testimony Clarke would give and said to Daley that Father Joe had given him $2,000 for his testimony – he called it hush money. He said Father Joe gave him the money in front of his friend, Bobby Hunter.

Mr. Clarke says “absolutely” a lot when he answers questions. His answers often begin “absolutely” this or that.

Judge Clarke should probably not have allowed Clarke to testify yesterday and should probably have continued the trial so that Mr. King could prepare his defense to Clarke’s testimony. During the testimony, it seemed to me Judge O’ Connor was liberal in letting Mr. Kosnoff ask leading questions, questions lacking in foundation, and in allowing Mr. Clarke to testify as to a good deal of hearsay testimony. I do not know what to make of the liberality shown Mr. Kosnoff and his client. There may be good grounds for appeal. An appeal will surely be taken because of this if Morning Star loses the Putnam case.

Today, Clarke’s “weed smoking” buddy Bobby Hunter will come to the stand.

Then maybe, Matthew Daley, the attorney, who along with Father Joe, met with Clarke at his home.

It is important to note that Clarke has never said anything about being abused until now. It is also important to note Clarke has come forward with these allegations at the same time he had his attorney send a letter to Morning Star Boys Ranch attorney Jim King that he would be making a claim.

Sounds more like Clarke and Bobby Hunter are trying to create the illusion of a claim. In any event, what Clarke is saying is highly attractive stuff to the lawyers who represent the plaintiffs who are claiming they were abused at Morning Star Boys Ranch decades ago.