Washington Courts

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.