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MORNING STAR BOYS' RANCH abuse trials (2010-2011)

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Ursus:
Morning Star Boy's Ranch (Spokane, WA) is modeled after Father Flanagan's Boys' Town (Boys Town, Nebraska). It opened in late 1956.

For a number of years, sexual abuse cases have been brought to the attention of local religious authorities, law enforcement and social service agencies, but nothing much ever came of it. Evidence was lost, statements were "never received," certain individuals "couldn't recall" ever receiving said complaints.

In 2005, it was revealed that some of the perps were not only part of the extended religious community, but also part of that same local law enforcement and/or political scene to which complaints had been made, including Mayor Jim West himself. Talk about the fox guarding the chicken coop!

These cases have slowly percolated their way through the legal system, increasing in number. Last year, attorneys for Boys Ranch were successful in moving to have the cases split into individual trials, as opposed to one very large case.

There are now at least 19 Plaintiffs in the queue, awaiting their day in court. This month, the first of them, Kenny Putnam, steps up at bat.

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The Spokesman-Review
Trial is years in the making
January 3, 2010 in City

Kevin Graman

Few court cases have so challenged the Spokane community's faith in a revered institution as the Morning Star Boys' Ranch lawsuits, the first of which goes to trial this week.

It has been more than four years since two former residents of the home for troubled boys accused ranch employees of sexual and physical abuse.

There are now 19 plaintiffs who claim that the ranch, which opened in 1956, for decades was "managed, staffed and run by and for pedophiles and other sadistic sexual predators of boys," according to court documents.

The first trial – that of alleged victim Kenneth Putnam, who was sent to Morning Star as a ward of the court in 1986 – begins Monday.

"The history of Morning Star is going to be presented in this trial," as generations of abuse victims "finally get their day in court," said Timothy Kosnoff, the attorney whose Seattle firm is representing Putnam and 14 other plaintiffs.

For its part, Morning Star will have its chance to clear its name, which supporters and its former director say have been sullied by allegations they vehemently deny.

Many of the accusers name the ranch's former directors – the Revs. Marvin Lavoy, who died in 1994, and Joseph Weitensteiner, who retired in 2006 – as their abusers.

Others say Morning Star administrators permitted known sexual predators such as defrocked priest and admitted pedophile Patrick O'Donnell to take boys "to other locations where they would sodomize and molest them," according to court records.

Morning Star Boys' Ranch officials declined, through their executive director Richard Petersen, to be interviewed for this story.

They say the nonprofit organization has provided a safe environment for more than 1,300 boys with behavioral problems for more than 50 years. The state continues to place boys in the care of the ranch, which today has about 11 residents.

In July 2008, ranch spokeswoman Jenn Kantz told the newspaper that the allegations "go against the very core of what Morning Star was founded on."

Attorneys for the ranch have shown no signs that they would consider a settlement, in contrast to the Catholic Diocese of Spokane, which in 2007 settled with 180 plaintiffs claiming to have been sexually abused by priests. The $48 million diocesan settlement also came with an apology from Bishop William Skylstad.

"In the diocesan cases, the bishop's apology made a difference (to victims)," said Spokane attorney Doug Spruance, whose client, Joseph S. Matherly, has filed claims against both the diocese and the ranch. "There has been none of that in Morning Star."

Instead, the ranch's attorneys have successfully moved to have the lawsuits split into separate trials that stretch into 2011 in Spokane County Superior Judge Kathleen O'Connor's courtroom.

Nevertheless, attorneys for the plaintiffs will attempt to present jurors with the cumulative weight of the numerous accusations against the ranch.

"We will be bringing other victims in to testify," Kosnoff said.

Defense attorneys, on the other hand, will contrast the community's regard for Weitensteiner with the credibility of the plaintiffs, many of whom have criminal records or histories of substance abuse.

"Did he (Kosnoff) tell you how many of his clients are felons?" Jim King, lead attorney for the ranch, asked a Spokesman-Review reporter in February 2008.

"We intend to try the cases and let a jury decide on the credibility of Father Weitensteiner," King told the newspaper. "These cases are going to involve the credibility of the accuser and the accused."

King has said that Weitensteiner has passed a polygraph test in which he denied the sexual abuse allegations.

Plaintiffs' attorneys say the abuse their clients suffered as boys is largely responsible for the men they became and that their testimony will be excruciating.

Putnam alleges that when he was 12 or 13 years old, Weitensteiner took him on an overnight boating trip on Lake Coeur d'Alene, during which the priest molested him. Putnam also claims in his lawsuit that he was bound in his bed at the ranch and molested by a counselor. When he complained to another counselor about the incident, nothing was done.

Putnam has a criminal history dating to 1988 that includes felony theft, burglary, assault and drug convictions.

Should a jury find in his favor, Putnam's legal battle with the ranch may not be over.

His attorneys discovered in November, too late to amend Putnam's complaint, that the ranch has transferred the bulk of its assets, including $12 million in securities and property assessed at nearly $3.5 million, to the nonprofit Morning Star Foundation.

Since learning of the transfers, Kosnoff's firm has filed a separate lawsuit under the state Uniform Fraudulent Transfer Act alleging a "massive conspiracy to defraud the plaintiffs."

The directors of Morning Star Boys' Ranch and Morning Star Foundation denied the transfers were made to defraud potential creditors.

"It was transparent and done with the advice of legal counsel," Petersen said.

Attorneys for other Morning Star plaintiffs said they still have time to amend their complaints and intend to include the foundation as a defendant. The lawsuits seek unspecified judgments for damages to the plaintiffs, including the cost of treating their emotional injuries.

In addition to the 19 cases scheduled to be tried in O'Connor's court, two other former Morning Star Boys' Ranch residents, brothers Michael and Matthew Smith, have named the ranch in their separate lawsuits against the state of Washington and Spokane County.

Michael Smith says that while he was a ward of the state he was released from the ranch into the custody of a convicted child sex offender who molested him for years. His brother claims to have been sexually abused by the same pedophile, Gerald "Jerry" Allen, who is now dead.

The Smiths' cases, which are likely to be merged, are scheduled for trial in August in Judge Tari Eitzen's courtroom.


© Copyright 2010, The Spokesman-Review

Ursus:
Comments for the above article, "Trial is years in the making" (by Kevin Graman; The Spokesman-Review; Jan. 3, 2010):


Sugar Shane on January 03 at 12:48 a.m.
"Did he (Kosnoff) tell you how many of his clients are felons?" Jim King, lead attorney for the ranch, asked a Spokesman-Review reporter in February 2008."
Well if they are felons, then they are sure to be making all this up. I know if I were a felon and had the chance to tell people how I was raped and sodomized publicly Id be the first one in line. Give me a break. One or two kids may lie, but 19. Boy attorneys must love their jobs, defending child rapists, murderers, and pedophiles. Nice that the state continues to place children in their care despite the allegations, innocent til proven guilty, wouldnt it be wise to maybe shut them down until the trial is over?ChefGus on January 03 at 6:34 a.m.
Living and serving in a setting with hundreds of ex felons, many of whom have become friends, (Shalom Ministries at Central Methodist Church, and House of Charity homeless shelter) who are now street people and homeless, you would be amazed at the variety and depth of the sad stories they tell of fractured home life and past abuse as children at the hands of parents, guardians, foster parents and other trusted adults in their lives. "Father" Patrick O'Donnel was the priest that abused and molested my little brother from Big Brother's of Seattle in the 1970's at St Paul's parish in Skyway. I did not realize who he truly was until moving back to Spokane five years ago..the church paid 50,000 dollars at the time to help with my little brother's treatment with a local expert Dr Dryblat. The little brother later became an offender of multiple other youngsters and eventually became a 3 time loser and likely still is encarcerated.

The breadth and depth of the social network of abusers in this city is beyond the average person's ability to comprehend, or believe. But given my personal experience as a Big Brother, I am convinced of the likely complicity of many who were staff and supporters and "visitors" at Morningstar. The list and offenses being charged is long and complex… but it is only a small part of the problems for agencies "serving boys" in our Inland Basin.

Dr John A Olsen SpokaneShannon Sullivan on January 03 at 9:41 a.m.
The fact of the matter is that 90% of the boys that were at the ranch already had issues, either because their parents did not properly parent or due to their own choices. Predators prey on the week. Some of these boys had never had the type of attention (not the abuse) the ranch offered them. i.e. horses, motorcycles, outings and just the loving, and stable environment that the ranch offered them. For some, any attention, even molestation was more than they ever had.

I am sure that not all of the staff during this time period were predators, but I have no doubt that these allegations are true. Statics show that the hardest demon for any man to deal is being sexually violated, so it is no wonder that the majority of them are felons. I would bet my right arm that 90% were involved with drugs to try and escape the haunting scars that the Ranch left them with.

I pray for strength for these men, and some sort of peace. I also pray for the predictors, as I would not want to be standing with them on judgment day.

It is one thing to be violated, another to have it done to you in the name of God.

NO WONDER THEIR FELONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!whatafool on January 03 at 10:02 a.m.
King is a fool! Why do you think kids go the morning star and later become felons? ABUSE!!!! Saying "these kids already had problems". What ignorance…. These problems make them perfect for these pedophile priests and abusers like Joe ( I refuse to term him father). Farming kids out to other pedophiles? SICK!!!!!!!!! I saw the fruits of Joe with my own eyes. He was feared by all. Visiting families included. Loving environment? More like a hell hole and Joe as the devil! To now lie and fight this is proof that he is evil.GingerGirl on January 03 at 7:55 p.m.
It sickens me to read that many of you think Father Joe is an abuser. He is nothing but a holy, dedicated man that would never in his life time hurt anyone. I pray for all you judgmental people..and as for this paper saying the boys ranch was "managed, staffed and run by and for pedophiles and other sadistic sexual predators of boys" I take offense to that as I once worked there and that is so untrue!
Maybe some should get some true facts before posting their opinions!whatafool on January 04 at 1:04 a.m.
Ginger I know what I saw. The facts will come out. If you want to pray do it for mankind to not use power for evil. All mankind, priests alike.ChefGus on January 05 at 8:32 a.m.
Ginger… you are certainly entitled to your opinion… but it is an opinion and not fact….

Re read my comments, and read Ms Sullivan's comments.. and believe what "What a Fool" commented…

I volunteer every day with 150-200 different "ex felons" and abused people that have been on the streets most of their adult lives, and often starting as youth because of sexual predation and abuse of other kinds..

My experience with the catholic priest who was based in Spokane for years, and likely spent time at the "Ranch" was real, and the aftermath for my little brother was a tsunami that flowed over his many many victims until he was put away for life…

He was a vulnerable boy who had a father that had sexually assaulted him, and beat him.. and shot weapons in the home… with an ineffective mother…. He had been sexually predated on by his previous big brother ( who later tried to become a priest, and we stopped in his filthy tracks).. two male janitors at two different schools, and the aforementioned Roman Priest at St Pauls in Seattle…

I have a hundred other stories i could share from the street people that are now on drugs and mentally ill and th row away's because of their being subject to male abuse… older men and older teen age boys in their lives.

Unless you can defend your space, a sexually agressive male will rape or seduce you, on a date, or in a dark alley, and often after plying you with alcohol or a drug…. 5 years on the King County Crisis line talking to men and women who called in "the morning afer" with suicidal ideation or intent gives another setting for stories I could share…

You are uniformed and naive at best.. Dr John OlsenPete Whipple on January 07 at 8:35 p.m.
I was a resident of Morning Star Boys Ranch for nearly 10 years, from 1967-1977. I never once heard about, witnessed nor was approach in an inappropriate or sexually abusive way by any staff member, visitor, volunteer and certainly not Fr. Joe. I'm not uninformed. I know sexual abuse of children is a real and evil plight on our society. But my experience at Morning Star was ALWAYS ONLY POSITIVE. I thank God for Morning Star. I have only respect, appreciation and love for Fr. Joe. I have real first hand knowlege that at least one of the allegations is patently false. As for allegations by boys that where at the ranch before and after my time there, I cannot speak. But, of course niether can most of those who have posted here. For anyone who has suffered abuse of any kind I only wish them justice and peace. However, I know Fr. Joe and he is not the kind of man who would do the things of which he is accused. Until you can say that you have even a fraction of the first hand experience with Morning Star that I have, perhaps you shouldn't rush so quickly to judgment. PeaceChefGus on January 08 at 5:30 a.m.
Pete.. thanks for your comments here… I am glad to hear that your experience was positive… and i am also sure that many many of the young men at Morning Star likely had a similar positive experience…

Your positive experience does not preclude other experiences for other young men. In my years on the King County Crisis line, and in talking to hundreds of patients over the years often, all too often serial sexual abuse occurs in otherwise seemingly normal households, at the hands of seemingly kind and loviing parents. My comments are with regards my 35 years of experience as a health care provider, and support on the Crisis line to those that were singled out because they were vulnerable. Those vulnerable people were recognized as such, and singled out by their abuser.. and the abuse took place in mostly in private secret settings.

The NPR story of a 12 percent across the board occurence of sexual predation in 160 different settings across the country does point the the breadth of the problem.

I am glad your outcome was positive, and I am sure many others had similar outcomes. That is what the norm should be. Blessings and Shalom/Peace johnPete Whipple on January 09 at 8:12 a.m.
ChefGus - Thank you for your response to my comment. Yes, my experience at MSBR was very positive. I also appreciate that you claim to have many years experience working and helping people in this area. I understand that there is a real problem of could have been more vulnerable than me. I was nine years old when I went to MSBR. I had absolutely no adult family - my brother and I were abandoned. I was often in situations where I was alone with staff and volunteers. And I was never ever madesexual abuse and the preying upon the young and most vulnerable of our society. Interseting that you bring up that point. Who to feel anything but safe.

If there was an atmosphere favorable to sexual predators at MSBR, I would have been a perfect target. I became the kind of leader at MSBR that other boys confided in and came to if they were bothered by something. I never once heard even the slightest whisper of anything like that happening. As I wrote in my previous comment, I have first hand, contradictory knowlege which refutes at least one of the major allegations against MSBR.

I too have dedicated my life to helping people in the most difficult circumstances. I founded and ran a shelter for runaway teens in Newark NJ. I've been involved in urban ministry for nearly 31 years. I have counseled and ministered to more boken people than I care to count. All of which to show you I'm not uninformed about these matters. I have fought on the side of the abused. And, I've seen the reverse side - false allegations - that have done irreparable damage to the reputations of good people.

I have no "dog in this fight" other than to see justice served. I'm proud to be able to throw my support and help behind a man like Fr Joe and an institution like MSBR. I take no stand against any of the alleged victims or their claims of which I have no personal knowlege. One of the points of my previous comment was to challenge you and others to show the same kind of fairness. Work hard to not be driven by your personal bias as you comment about these cases. Let's be sure that justice, not agenda be that which motivates our comments and involvement. PeaceChefGus on January 10 at 6:44 a.m.
Pete.. thank you again for your informative and fine comments… we could likely share stories and experiences.. and having folks like you that were rescued from the ditch ( similar to Carl Maxey here as a civil rights attorney.. great story to read by the way by Jim Kerschner).. your calling has likely served many many people over the years at risk of suicide and homicide.. thanks for being "in the trenches"…. I would hope they might call you as a character witness for the defense…. peace to you as well.. and if you have interest/energy/time come on down to Shalom at Central Methodist Church some mon-thurs morning any time after 0530 am- 0900 gusChefGus on January 10 at 6:46 a.m.
Pete… you or anyone who wants to serve/observe call me on my Cell 220 4534 jPete Whipple on January 12 at 8:28 a.m.
Thanks John. I will be in Spokane the first week in February, Lord willing I'll look you up. PeaceChefGus on January 13 at 7:48 a.m.
that would be great…. i'm leaving on a jet plane on the 4th… back a acouple weeks later… jChefGus on January 13 at 2:02 p.m.
Pete… saw your letter to the editor in the paper this morning… glad you stepped up and gave a voice to your experience. best ..john

© Copyright 2010, The Spokesman-Review

Ursus:
The Spokesman-Review
Start of boys ranch abuse trial delayed
January 4, 2010 in City

Kevin Graman

The trial in the first of numerous lawsuits alleging abuse of a former resident of Morning Star Boys' Ranch was delayed today while the Spokane County Superior Court judge assigned to hear it reviews pretrial motions in the case.

Trial of the civil case, brought by Kenneth Putnam, will begin Tuesday in Judge Kathleen O'Connor's courtroom. Putnam is one of 19 former residents accusing the ranch of allowing physical and sexual abuse by ranch employees. It is expected that O'Connor will rule on several motions this week, as well as begin to seat a jury in the case.

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Comments for the above article:


Shannon Sullivan on January 04 at 5:21 p.m.
Having been in front of Judge Kathleen O'Connor with clients, (myself as a paralegal) I am sure that she will up hold justice and be fair and just. At least this is what I pray for.

I have first hand knowledge that the allegations (in one particular case) that the abuse did in fact take place. I am sure that not all of the staff members preyed on these troubled young man, but the fact of the matter is: it happened. Father Joe should accept responsibility for his wrongs and repent!!!! That would be the catholic thing to do.

Statics do not lie, 90% of men would not make a false allegation, it is the most humiliating thing that can happen to a man.
NO wonder the majority of respondents are felons, they have spent years running away from the haunting scars that the Ranch has left them with.

I pray for strength for these men, and justice!ChefGus on January 05 at 9:02 a.m.
Thanks for your comments and perspective Shannon.. particularly with regards the sincerity of the Judge…. that reassures me… your perceptions and personal experiences are valid with regards the sexual and physical abuse that males perpetrate… It is most males worst nightmare to consider being sent to the Spokane County Jail to share a cell with a fellow felon…

If you are not an Alpha Male you WILL be tested…. as a youth, and as an adult ….. If you are not an Alpha Female… you will be set upon and harassed by men all your life… especially if you are "pretty" it will be more a problem….

What's not to get here?? Men and women who are highly testosteronized will always be more agressive toward those of us that are not….always… it is part of what is the problem with our Police Force here in Spokane and multiple other ( 900 reported yesterday on NPR) cities/counties in the U.S. JohnChefGus on January 07 at 10:08 a.m.
Interesting piece in the news this morning that 12 percent of all juvenile prisoners in our jails in multiple different settings across the U.S. report having been sexually exploited… and that is the tip of the iceberg… j

© Copyright 2010, The Spokesman-Review

Ursus:
The Spokesman-Review
Region in brief: Pretrial motions heard in boys ranch abuse case
January 6, 2010 in City

From Staff Reports

A Spokane County Superior Court judge heard pretrial motions on Tuesday in a lawsuit against Morning Star Boys Ranch by a former resident who claims he was sexually abused by ranch personnel.

The lawsuit, brought by Kenneth Putnam, is the first of 19 cases against the ranch by former residents who say they were sexually or physically abused.

Judge Kathleen O'Connor will rule today on the most important motion, whether to allow the testimony from any of the other plaintiffs or witnesses who claim to have been abused while they were residents of the ranch.

Plaintiff's attorneys say the issue is critical to their contention that Morning Star officials knew, or should have known, about the alleged ongoing abuse and failed to take steps to prevent it. Defense attorneys say that allowing others to say they were abused while at the ranch would be prejudicial.

Jury selection in the trial will not begin until next week.


© Copyright 2010, The Spokesman-Review

Ursus:
The Spokesman-Review
Abuse trial witness list grows
Judge says four can testify in Morning Star case

January 7, 2010 in City
Kevin Graman

Attorneys for a man alleging he was abused at Morning Star Boys' Ranch scored a partial victory Wednesday when a judge ruled four other alleged victims can testify in the first abuse case to go to trial against the ranch.

The judge hearing the Morning Star Boys' Ranch child abuse lawsuits issued a split decision on a key pretrial motion in the case, the first of the 19 scheduled for trial in Spokane County Superior Court.

Attorneys for Kenneth Putnam and 14 other former ranch residents had sought to have as many of the plaintiffs as possible testify in Putnam's case to show that Morning Star knew or should have known of the alleged abuse at the ranch and failed to do anything about it. Putnam claims he was abused in the 1980s by ranch employees, including former director the Rev. Joseph Weitensteiner.

Morning Star's attorneys, on the other hand, tried to suppress the testimony of any of the other plaintiffs, saying that it would be unfairly prejudicial. They also said that Putnam's attorneys had not presented sufficient evidence for the court to find "by a preponderance of the evidence" that the other plaintiffs had actually been abused.

In a written decision, Judge Kathleen O'Connor ruled that the testimony of four of the other plaintiffs would be allowed because they had each reported their alleged abuse at the time it happened, a period that spanned from the early 1960s to the late 1970s.

The witnesses who will be allowed to testify are Paul Baggett, who says he was abused while a ranch resident in 1973 and reported it to Weitensteiner; William Call, who says he was abused by Weitensteiner in 1961 and '62, reported it to then-director the Rev. Marvin Lavoy, and was subsequently abused by Lavoy; Stephanie Miller, born Carl Smith, who says she was abused in the 1970s and reported it to Weitensteiner; and William Knapton, who says he was abused in the 1960s and reported it to Weitensteiner.

The issue, O'Connor wrote, was whether the ranch was made aware of allegations before Putnam's alleged abuse, which would have made "additional acts of sexual abuse a reasonably foreseeable risk."

In addition, attorneys for the plaintiffs have argued, the testimony of the four could serve to rebut any contention that plaintiffs recently fabricated their allegations.

None of the other plaintiffs reported their abuse at the time of the alleged incidents, and O'Connor said she could not find by a preponderance of the evidence that the acts of abuse they allege had occurred.

Morning Star's lead attorney, Jim King, declined on Wednesday to comment on O'Connor's ruling.

One of Putnam's attorneys said that while he respectfully disagreed with not letting all the witnesses testify, he expected to prevail in court with the ones permitted.

"We are happy the court has allowed some of the victims who were sexually abused while at Morning Star to testify at the trial," said attorney Dan Fasy.


© Copyright 2010, The Spokesman-Review

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