Spokane7
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March 12, 2010 in City
Spokane diocese paid boys ranch accusers
Morning Star residents got $3 million to settle abuse claims
Although a jury last month rejected Kenneth Putnam’s sex abuse allegations against Morning Star Boys’ Ranch, the Catholic Diocese of Spokane had already paid Putnam a settlement worth hundreds of thousands of dollars.
The award to Putman is among 10 such settlements totaling more than $3 million – ranging from $100,000 to $750,000 – that have been paid through the diocese bankruptcy to men who continue to press lawsuits against Morning Star, its former director the Rev. Joseph Weitensteiner, and other priests and employees associated with the home for troubled boys.
At least six others are hoping to net both jury awards and payouts from the diocese, where their claims are pending.
Although the diocese settled claims against Morning Star priests, Catholic leaders have not added Weitensteiner to a list of sexually abusive clergy. Nor has the diocese included the late Rev. Martin Lavoy, who directed the ranch from its founding in 1956 until 1966 and has been accused of abuse by some of those receiving diocese settlements.
The fact that the priests are not listed has angered victims who consider the roster – available on the diocese Web site – a measure of accountability, said Tim Kosnoff, an attorney representing dozens of victims.
The diocese appointed its own review panel to determine which priests to add to the 27-name list of “credibly accused.”
But the payment of a claim by the diocese to a man who was turned away by a jury underscores the concerns expressed by many Catholics throughout the diocese bankruptcy – that many of the claims are untrue, cannot survive the scrutiny of a jury trial, and should not be paid.
The diocese bankruptcy, filed on the eve of what would have been its first sex abuse trial in late 2004, was settled in 2007. The diocese eventually committed $48 million to settle 180 victim claims and pay lawyers, a fund made up of parishioners’ donations, insurance policies and the sale of assets.
In contrast, Morning Star chose to fight the allegations against it. Spokane attorney Jim King, who is defending both Morning Star and Weitensteiner in 19 lawsuits filed by former ranch residents, said the diocese settlements have no bearing on his defense of Morning Star.
“The only decision that matters to me is the decision made in front of a Spokane County jury,” King said. “We firmly believe Father Weitensteiner never did the things he was accused of doing.”
King’s approach so far has been to attempt to discredit the Morning Star accusers, many of whom have criminal records, histories of drug abuse and changing stories.
Kosnoff said Putnam’s case for the jury was thwarted by a ruling in which Superior Court Judge Kathleen O’Connor allowed only four of the other Morning Star plaintiffs to testify on Putnam’s behalf.
“We weren’t allowed to put on our case and that’s not fair,” Kosnoff said.
That’s unlike the process used in the diocese bankruptcy case to determine the veracity of claims, he said.
In those cases, victims and the diocese agreed to an unusual process to weigh the merit of claims and determine settlement amounts. They hired a former U.S. attorney from Seattle, Kate Pflaumer, as a tort claims reviewer, giving her wide latitude to consider the evidence behind each claim. She brought a background in both prosecution and defense work and was regarded as person who could sympathize while pursuing the truth of the claims.
The diocese has since challenged some of her findings, complaining that she has been too liberal in allowing some claims. Those efforts have been rejected, however, and in a related matter the diocese and one of its law firms were found in contempt of court last month by U.S. Bankruptcy Judge Patricia Williams for using intimidation tactics against a bankruptcy trustee.
The diocese may appeal the contempt ruling, said attorney John Munding.
Among the former Morning Star residents who received settlements from the diocese are eight whose abuse claims name Weitensteiner or Lavoy.
Weitensteiner did not appear in front of Pflaumer to rebut allegations, King said. Morning Star’s problems erupted in 2005 after The Spokesman-Review began detailing abuse allegations. Lawsuits followed months later.
Every alleged victim who filed suit against Morning Star before March 2006 also received a settlement payout from the diocese.
The amounts listed below were awarded by Pflaumer, according to multiple sources close to the case, but the victims received less than the amounts listed.
On some claims where Pflaumer determined abuse had occurred, she assigned the diocese a percentage of the blame. That left some victims, such as the men with Morning Star claims, to pursue separate legal action against other individuals and institutions.
What’s more, each of the diocese awards was reduced 18 percent by the bankruptcy trustee who had to split the limited proceeds, and the amounts do not include deductions for lawyer fees, typically about 40 percent.
The official settlements with Morning Star plaintiffs are:
•Putnam, who names Weitensteiner, received $750,000.
•Ethan Braman, who names Lavoy, received $350,000.
•Joseph Matherly, who names Lavoy, received $132,000.
•William Call, who names Weitensteiner and Lavoy, received $750,000.
•John Houser, who names Weitensteiner, received $325,000.
•William Knapton, who names Weitensteiner, received $175,000.
•Ray Nelson, who names Weitensteiner, received $125,000.
Jerome Rosenthal, who names Lavoy, and Robert Gariepy, who names Weitensteiner, are awaiting settlement of “future claims” against the diocese. These are claims that came after the diocese concluded its bankruptcy. Anticipating such claims, the diocese set aside $1 million to pay them, but if that doesn’t prove to be enough, the diocese may have to go back to parishioners to replenish that fund.
Three former ranch residents name defrocked priest Patrick O’Donnell, who once frequented the ranch, as their abuser.
They include Paul Baggett, who received a $750,000 settlement from the diocese; Steven Kinard, $100,000; and Ben Mowrey, who has a future claim against the diocese.
Three others name former Morning Star counselor James Clarke as their abuser. They are Michael Gray, who has received $300,000 from the diocese, as well as Curtis Stump and Glen Anderson, who are future claimants.
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CharlesBillford on March 12 at 2:15 a.m.
Kate Pflaumer has a questionable past as the Western WA U.S. Attorney General. Her ability to “look the other way” at corporate crime is somewhat known.
smarg on March 12 at 5:13 a.m.
Hey Catholics, if you ever wondered where your tithing money goes, no need to wonder anymore!
steveeugster on March 12 at 6:03 a.m.
This piece should lead the Spokane Prosecuting Attorney to empanel a grand jury to look into whether there is a criminal conspiracy taking place regarding claims against the Spokane Diocese and Morning Star Boys Ranch. It also may well be that the inquiry should look into the attorneys who are bringing the claims. See http://www.washcourts.com/?p=405
Orange on March 12 at 6:21 a.m.
STEVEN EUGSTER? Wow where have you been. I’m a fan.
I’m really interested in the comment about Kate Pflaumer. Maybe a story on her would be entertaining. I’ll bet the retired cop from The Peoples Republic of California that sometimes comments here can stir something up.
SugarShane on March 12 at 8:43 a.m.
Stephen Eugster on March 12 at 6:03 a.m.
This piece should lead the Spokane Prosecuting Attorney to empanel a grand jury to look into whether there is a criminal conspiracy taking place regarding claims against the Spokane Diocese and Morning Star Boys Ranch.
ROFL hahahaa, yeah ok, they can investigate 9/11 while your at it.
Quit defending child molesters, its unethical and makes me wonder about your own sexuality.
opiemuyo on March 12 at 10:20 a.m.
Here is a first, Mr. Eugster and my self agreeing on something. I am thinking there is more than what is seen going on here.
spokanada on March 12 at 11:31 a.m.
Pedophilia in the name of God. And atheists are looked upon as outcasts?
I hope the catholics are proud that their hard earned money is being used to settle these claims.
Sandy on March 12 at 12:00 p.m.
None of my money is going to the “church” and therefore these “victims,” as I have refused to put any of my coin in the hat they pass each Sunday since this scandal erupted. In any event, the last time I looked at the coins in my purse, none picture God, so I don’t believe they belong to Him via his “church” in any event!
Sandy on March 12 at 12:04 p.m.
Oops! I was a bit redundant there… Sorry!
Scoutster on March 12 at 12:32 p.m.
Since the Church is obviously against negative judgments (and nobody understands negative judgments like the Church!), I wonder what the hierarchy believes is a fair rate for being molested by their esteemed collars.
I mean, for the ones who have incontrovertible evidence of priestly baby-raping, what does the Church feel is a fair deal? $100? $100,000? $1,000,000?
What’s the going rate for paying off for pedophilia among the clergy lawyers these days?
Altonumera on March 13 at 11:44 a.m.
In this country, we accuse and convict ahead of the facts. Surprise, our prison recidivism rate is the highest in the world at 72%. Kill, cut off their heads, torture, intimidate, ruin forever is the mindset of those idiots that haven’t a clue about due process. When all you can generate is vengeance and revenge, you will have nothing but payback of the worst kind.
When the Lord said an eye for an eye, he didn’t mean add two arms, two legs, both ears, teeth, and absolute destruction of mind and spirit.
eagleproducer on March 14 at 10:05 a.m.
altonumera: No one knows what the “lord” wants. That’s why the “lord” should never be included as a factor in decision making.
Eugster’s (heya, neighbor!) claims may have credibility. One must remember that the Morning star plaintiffs weren’t choir boys and none of the claims that were presented to the scrutiny of a trial held water. Many of the plaintiffs continued lives of crime after discharge from Morning Star and it wouldn’t surprise me at all if a conspiracy existed. The verified presence of O’donnell is certainly damning for Morning Star though and in my mind weighs the evidence towards a conspiracy on the part of the diocese and Morning Star to keep the abuse under wraps for decades.
Truthhurts on March 19 at 7:02 a.m.
I knew people who never brought any suits, who were definitely sexually and physically abuse in the Northwest in the 1940’s and 1950’s, since they would only discuss it when drunk, and were full of shame and pain.
I do not know the current claimants, but the sado-masochistic homosexual acts forced upon the males I knew should be matters of consent between adults, and should not be imposed upon young boys as “discipline” run amok, as it was.
Just as doctors settle medical malpractice cases, and only take those to court they are pretty sure they will win, so, too, are the dioceses only taking to court the weak cases.
They have settled the strong ones, and they are still COVERING UP the details of the crimes.
Truthhurts on March 19 at 7:07 a.m.
The “panel” that needs to investigate the whole conspiracy is the CONSPIRACY OF SILENCE that SILENCED THE VICTIMS.
Eugster’s attempt to aid the decades of cover-up is very disappointing.
Take a look at Ireland for a good analogy to what happened around here with clerical abuse.
Truthhurts on March 19 at 4:51 p.m.
DUBLIN – Pope Benedict XVI addresses Ireland on Saturday in a letter apologizing for the sex abuse scandal here — a message being watched closely by Catholics from Boston to Berlin to see if it also acknowledges decades of Vatican-approved cover-ups.
3/19/10, AP for full article.
helovsu on March 26 at 1:34 p.m.
Please get the commercial off the air! I can’t stand watching the innocent boy with that glob of clay, promoting this horrible place! Why do they keep it on the air? It makes us sick! We have to leave the room.
helovsu on March 26 at 1:37 p.m.
I agree with the conspiracy hypothesis…look into Rico law!