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.

Tomorrow, Monday, February 22, 2010, at 1:30 pm Spokane Diocese attorney Greg Arpin will go before Judge Patricia Williams. He has been ordered to come to court to show cause why he should not be held in contempt. What did he do? He sent an email message to Gloria Nagler, the Plan Trustee of the Spokane Diocese bankruptcy. This is the bankruptcy wherein Kosnoff and Company are making millions in contingent fees in the processing of sex abuse claims. Some of the claims have just recently come in, and some of these have been approved.

Ms. Nagler has a duty to be certain that claims which are ultra vires are not paid out. She has professional liability if an ultra vires claim is paid. If a wrongful claim is paid the claims of those who are legitimately making claims will be paid less.  Mr. Arpin advised her of her responsibility.  She responds by getting the court to order Mr. Arpin to show cause why he should not be held in contempt and fined $10,000 (I think that was the amount.)

Kosnoff and Company make lots of money on claims paid out of the plan.

The attorney for Gloria Nagler is a Seattle attorney by the name of David S. Kerruish. I have been told by a reputable source that Mr. Kerruish may have represented a member of Kosnoff and Company on a real estate matter, his name is Michael Pfau.

It is possible that the Plan Trustee is using the same lawyer who advises a person who gains great benefit from the plan? Maybe we should all naively and hopefully say “isn’t it a small world.” But maybe we should all say a bit more. How does this sort of closeness portray the legal system in the state of Washington? It does not engender trust and respect for the system.

Of the 25,000 plus lawyers in the state could it be considered reasonable that Mr. Kerruish would be the one who would represent the Plan Trustee and also have some relationship with one of the men gaining enormous benefits from the plan and the distributions of the Plan Trustee?  One’s credulity has to be a bit overtaxed on this one.

To those who attended the Putnam v. Morning Star Boys Ranch trial and who listened carefully to the story of the life of Kenneth Putman, a great sense of sadness for the young man was, had to be, felt. 

Kenneth Putnam is one of those people who, as a newborn, was rejected by those who should have loved him.  I sensed there was a great rift in his spirit, his soul – a great deep pain and an unrequited longing.  I sensed that the real cause of this was the rejection and the emotional and physical suffering he experienced in the “care” of his mother and father.

Things might have been different for Mr. Putnam if the state, as parens patriae, had stepped in at his birth and put him in the hands of loving people.  That did not happen. The state simply did not do that, though it could have.  It had the power, but it did not have the will.  I wonder if the state has the will to take such steps today?  One wonders how many children are terribly damaged due to the lack of real love from parents.

Is it possible for the broken soul of Kenneth Putnam to be repaired today?  I think it is, but I think it will only come about as a choice by Mr. Putnam.  The choice, if he is to make it, is a choice to see the substance of being in himself.   The choice will be made when he chooses to live and and when he chooses to stop denying the “death” he experienced as an infant, a small child.   The choice will have nothing to do with self-discipline or being tough.  It will have everything to do with a quiet, unspoken, acceptance of that which is transcendent.

Kosnoff and Company go through the state of Washington telling people who are alleged to have suffered as children at the hands of those who may have sexually abused them that they should sign contingent fee agreements to let them bring an action damages here or there against this or that “evil” entity — for example, the whole of the Catholic Diocese of Spokane or Morning Star Boys Ranch or some other organization which was 30 years ago or more  being taken advantage of by a bad person.  They say they will get justice, that their efforts will make their lives better.  

This, of course, is nonsense.  Money damages may be gotten but money is not going to repair the damage which might have taken place.  Kosnoff and Company pitch a falsehood, an impossibility.

And, in doing so they make millions.  One wonders how much of the $50 million paid out of the Bishop of Spokane Bankruptcy went to Kosnoff and Company?  Was it $20 million.   Maybe more?

Kosnoff and Company are running a money gathering enterprise by which they get a percentage of the money they can obtain.  This enterprise may be dressed up in the words of justice and so on but it does not provide true help to those who suffer.  And, the enterprise certainly does not help those who make false claims.

Tim Kosnoff has not helped Kenneth Putnam.  Not at all.

Kenneth Putnam and his attorney, Tim Kosnoff and Company, lost today.  The jury did not believe the false and fantastic claims of Kenneth Putnam.  But, though Doyle Gillum (deceased), Father Joe Weitensteiner  and Morning Star were vindicated, the frivolous action brought by Kenneth Putnam has surely cost Morning Star Boys Ranch hundreds of thousands of dollars.

For more on the verdict today see Kevin Gramen’s piece in the Spokesman - Review, Jury decides in favor of Morning Star.  After reading the piece go to the “Related stories” section over on the right of the page for many more of Kevin Gramin’s pieces regarding the case.

What is the truth about the Kenneth Putnam v. Morning Star Boys Ranch case? What is the case about? Is it about an innocent young boy at a group home for the care and nurturing of boys who was touched in inappropriate sexual ways? If it is about the boy suffering sexually inappropriate conduct it would seem the facts put in front of the jury at the trial would bear out, prove, these claims.

But, the facts, such as they are, do not prove the claims. The claims seem frivolous, at least border on the frivolous.

What was claimed? Kenneth Putnam says Doyle Gillum tried engage in fellatio with him but he fought him off. He says Father Joe Weitensteiner tried to do the same but he fought him off. There are no facts which would corroborate these claims of facts. And, to make the claims less believable, the story Kenneth Putnam tells is murky – it changes, it does not have ring of truth to it. The story on retelling seems to change. And, making matters even less convincing, Kenneth Putnam, who today is a man, simply has no history of truth telling.

The result is that one would have to be strenuously credulous to believe what is being claimed.

Another aspect of the case which might tell us about the real truth of the case has to do with the damages. Kenneth Putnam wants the jury to make Morning Star Boys Ranch give him money for the injuries he has sustained as a result of these alleged sexual attempts. But, one does not get to claim anything but nominal damages for wrongful conduct if he cannot show some sort of significant injury. Mr. Putnam has not shown he was in any way injured by the alleged conduct. He says he fought off the attempts. He maintained and protected himself from injury, from any effect. So where are the damages? There are none. Kenneth Putnam was what he was before the alleged acts took place and he was the same afterward.

The case seems to be frivolous. But, let us assume for the moment it was not frivolous. Even if not frivolous it was not based upon solid facts and the real damages, if any, were non-excitant, were nominal.

The case was not brought by Kenneth Putman in the sense that Kenneth Putman was putting anything into the case. The case was brought by Tim Kosnoffand his associates. Kosnoff and Company were making the investment in the case.

These men do not seek truth and nominal damages, they seek large amounts of damages – money. They are using the Kenneth Putnam situation to make demands on the system so that the system might award money to their plaintiff in their contingent fee contract with the plaintiff.

Does anyone truly believe this case is about Kenneth Putman? It is about what Kosnoff and Company can gain from getting the case into the court system and what they might get the jury to do for their plaintiff in the system. It looks more like gambling and manipulation than it does a search for truth and justice and money damages to compensate for wrong.

There really is no great risk to Kosnoff and Company other than the time and expense to bring the case, “to take a shot” at trying to gain something from the system. They will not have to pay for any trouble they cause the defendants – they will not have to pay for the damage to the reputations of Doyle Gillum, Father Joe Weitensteiner, Morning Star Boys Ranch and others, Father LaVoy. They will not have to pay the hundreds of thousands in attorneys fees Morning Star has incurred to defend against the case, they will not have to pay for the tens of thousands Morning Star has spent on expert witnesses needed to present its defenses to the court and jury, they will not have to pay for the hundreds of thousands lost to Morning Star in charitable donations for the purposes of the ranch. They will not have to pay for the loss to the people of Spokane who have been benefitting by the charitable services provided by Morning Star and not having to be provided by government, by the taxpayers.

Maybe Kosnoff and Company will pay some statutory costs of $300 or so, but that is it.

It might be blithely contended that these terrible impacts are just collateral damages in the great march of Kosnoff and Company to gain “justice” for “survivors” of alleged bad acts many years ago from people who have money. What a war!

Some of you are asking, “How can this be?”

It is the way the system works. One can think of some things which might be done, but they will not get anyone very far, not the way the system is put together at this point in its evolution. (But see, RCW 4.84.185 and Superior Court Rule CR 11.)