Washington Courts

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.

Tim Kosnoff, plaintiff’s attorney closed his case by talking to the jury about the “little bird” it holds in its hands.  He talked about a poem by Emily Dickenson where “hope” is the “thing with feathers.”

Hope     

Hope is the thing with feathers
That perches in the soul,
And sings the tune–without the words,
And never stops at all,

And sweetest in the gale is heard;
And sore must be the storm
That could abash the little bird
That kept so many warm.

I’ve heard it in the chillest land,
And on the strangest sea;
Yet, never, in extremity,
It asked a crumb of me

I think he was trying to say the jury could keep hope alive, keep the little bird alive, if it ordered Morning Star Boy’s Ranch to transfer some its wealth to Kenneth Putnam (and Tim Kosnoff).

I had no idea how he was really using this bit about the “little bird.”  I think he was trying to get the jury to rule in his and his client’s favor because the little bird would be happy and kept alive.  I had the impression I was listening to a particularly bad and naive politician.  But then I shuddered, we all like to be flattered.  We all like to have the notion we have power and that we can use that power for a cause.  As I listened to Mr. Kosnoff, I thought of the novel Elmer Gantry by Sinclair Lewis.

Generally, attorney Tim Kosnoff appears respectful of the judge, jurors and opposing counsel. He even appears respectful of witnesses, or at least some of them. But, beneath the surface, one must wonder whether Mr. Kosnoff might have a mean streak – a character of disdain and arrogance for witnesses and others whom he dislikes, who contradict his purposes. One must also wonder whether — when he shows this aspect of his personality, his lawyer way of being — he might be trying to manipulate the jury or some of the jurors, into thinking ill of the witness he is addressing.

His cross-examination of Father Weitensteiner Thursday morning (Feb. 4, 2010) seemed to me to be an obvious effort to show to the jury Mr. Kosnoff thought Father Weitensteiner was a bad man, that the whole of Morning Star Boys Ranch was bad.

Here is what he did: Toward the end of his cross-examination he asked Father Weitensteiner what the name of Morning Star Boys Ranch was when it was started. Father Weitensteiner said, “Spokane Boys Ranch.”

Mr. Kosnoff found his hook. He said something to the effect that there was something wrong if the name of the corporation was Spokane Boys Ranch and they used the name of Morning Star Boys Ranch.

When did you start that he said? Father Weitensteiner said “right from the beginning the ranch was also known as Morning Star Boys Ranch.” He said “we used Morning Star from day one.”

Mr. Kosnoff went on. He asked something about where the term Morning Star can be found in the bible.  I knew he was up to something.

Father Joe was caught off guard for a moment. Kosnoff had his hook.

It comes from the book of Isaiah doesn’t it? He pointed out, staring at Father Weitensteiner and looking over toward the jurors.

Father Weitensteiner immediately responded that he knows the term from the Book of Revelations.

Kosnoff stopped at that point.

But, his effort to demean, to diminish, to disdain Father Weitensteiner, and the whole of Morning Star Boys Ranch, might have been understood by some. At least, perhaps he hoped people who heard of his reference to the Book of Isaiah would cause them to read the Book of Isaiah.  Or, maybe remember how the term Morning Star was used in the book.

Kosnoff had done some biblical research and he thought he would be able to use it, to manipulate the minds of jurors a bit.

The term “Morning Star” is pretty much found in two places in the Bible. In the Book of Isaiah where it  means evil, the devil, Lucifer – bad stuff.

And, it is used in the Book of Revelations where it means Jesus Christ. Revelation 22:16. Where it means hope, new birth, re-creation.

At Father Joe’s response, Mr. Kosnoff said “no further questions.”

Inside, I think he was snickering. Or, maybe he figured out Father Weitensteiner is a good man and that he knew the bible truth better than he, and obviously more innocently.

In trying to use this cynical little trick,  Mr. Kosnoff appeared to be on the sleazy side of things.

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.