The Olympia Washington Kiwanis members and their friends have cost the Washington State taxpayers over $50 million dollars (so far), because of their willful ignorance of long term, merciless and well known, child abuse that occurred at the Olympia Kiwanis Boys Ranch.
October 2006 note: This Olympia Kiwanis stuff is old news. I've left this information on the web, because I like the thought that someone will say to one of these Kiwanis friends or members: "Grandma, (Grandpa), are you still friends with those Olympia Kiwanians?"
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Back to the beginning Pat Sutherland Page
--Sutherland Deposition part 1--
Q You've been the prosecutor for a long time, I understand. How long have you served?
A 20 years.
Q Congratulations. How many times in that 20 years has the Chief of
Police and City Prosecutor personally brought to you a memo about a
prosecution that they wanted you to investigate?
A Gosh, in 20 years, I-can't honestly tell you that. I don't really
even - can't tell you how many chiefs I've served under, but Chief Wurner's
been there for quite a while. And sometimes he's - like, if you ask me how
many times he's been to my office, I couldn't honestly tell you. I'd have to
say several. And if you said, well, didn't he come on the 4th of July or
something, I can't deny that. We have a very good relationship, I do, in
fact, with all of the Police Chiefs, the Sheriff and I - some of them have
come in; sometimes they've all come in together; and I couldn't tell you why
they have, but this - I do remember him coming up. And I think he came up
with a Reiko Crisman (sic), who was an Olympia City Deputy.
Q And in your experience, sir, can you name, one other case where the
Chief of Police and City Prosecutor have brought a particular case to your
attention, personally brought a memo to you outlining the case, appeared in
your office to discuss the case?
A Gee, I honestly couldn't tell you that. I just don't know. It's
possible that they have detectives that come up, and I think that possibly
detectives with the chief or one of the deputy chiefs; that's very possible.
But going back 20 years, I wouldn't say it hasn't happened.
Q Can you name any other situation where it has happened?
A No, I can't name any-other situations where it happened, but I can't
tell you honestly that it hasn't either.
Q Reiko Cushner (sic) wanted you to prosecute Tom VanWoerden; is that
correct?
A Reiko Cushman came forward with the chief and suggested that we do
something in the failure to report.
Q The Chief of Police wanted you to do something too, didn't he?
A Well, you keep mentioning that. I - they came forward to me and
talked to me about it, yes, that's correct, Gary and myself. That's when I
assigned the matter to Gary Tabor.
Q At the time did you tell Mr. Tabor that you were on the Board of Directors of the Kiwanis Club of Olympia?
A I didn't think it mattered.
Q My question, sir, respectfully, is simply to ask you whether you
mentioned it to him. And we can talk about whether or not it mattered in a
minute.
A Well, gosh, he knew I was on the board, so I don't think that I would
have to tell him. Just like I don't have to tell you I'm a member of the
State Bar Association.
Q Respectfully, sir, Mr. Tabor indicated he was not aware you served on
the Board of Directors of the Kiwanis Club. My question to you is simply
this: Did you advise Mr. Tabor specifically that you were on the board of
the Kiwanis Club of Olympia?
A Well, if we had a priest in there, I wouldn't advise everybody that I
was a member of St. Michael's Catholic Church either. No, I don't recall - I
don't know whether I did or not. I don't know; I may have. I don't know.
Q Did you advise Mr. - did you advise your associates, any of them,
Mr.Tabor or any of the others, that the O.K. Boys Ranch was a standing
committee of the Kiwanis Club of Olympia?
A Why would I do that?
Q Sir, I'm perfectly happy to discuss that next. But first, I'm asking
if you did so.
A Gee, I don't know. I just don't know. That's a strange question.
Q It may well be. Did you request an opinion from any of the State Bar
people or--
A What kind of an opinion?
Q If I can finish my question, I'll let--you know.
A Please do.
Q Did you ask the State Bar in its capacity as advising on conflicts of
interest or otherwise whether it would be appropriate or inappropriate for
you as a board member of the Kiwanis Club of Olympia to make a decision on
whether to prosecute Tom VanWoerden, Colette Queener, or Laura Rambo?
MR. LAW: -Counsel, I'm going to entertain an objection that that
question, as well as its general inquiry, is beyond the scope of discovery
in this case. You can go ahead and ask your questions, but I want that to be
on the record, Counsel.
A No, I didn't - I didn't advise anybody at all.
Q (By Mr. Paul) Did anyone advise you whether they had sought the advise
of anybody else concerning whether there would be an appearance of
impropriety if you prosecuted -
A You're the first person to bring it up.
Q I'm aware of that too, sir. So I take it that you never had this
discussion with anyone else up until today?
A No, not that I recall.
Q Are you aware that Mr. VanWoerden resigned or was forced to resign his
position at the O.K. Boys Ranch?
A Am I aware?
Q (Nods head).
A Yes, I am. I'm aware. That was part of (our) decision in not to charge.
Q Upon what did you base your decision not to charge?
A Oh, on a number of things there. One was that he was to resign, that
he would need to resign. One was that the perpetrators had been prosecuted.
The - let's see. Also - well, that was - that was, I think, pretty much it;
that the perpetrators had been prosecuted, that Mr. VanWoerden had agreed
to resign; and that the 0lympia Police Department thought that would solve
the problem, and that nothing would be further accomplished with going
ahead on the failure to report there. It was a gross misdemeanor, and I
discussed it with Mr. Tabor who had - who was doing the work on the case,
and we felt that under the circumstances, that with Mr. VanWoerden leaving
and the two perpetrators being prosecuted, that this was - and the Olympia
Police Department being - felt - agreed with this, that I thought that that
was probably the thing to do.
Q No one was prosecuted, however, for the crime of failure to report
this gross misdemeanor; am I correct?
A I believe that's correct.
Q Why was Mr. VanWoerden forced to resign as part of this agreement?
A Well, I suppose that the Chief of Police felt that that might be the basis of some of the problems. I don't know.
Q Did you talk about this with the Chief of Police?
A If we did, I don't recall it. I think that maybe it was discussed. Mr.
Tabor could probably tell you that.
Q Did you discuss it with Reiko?
A Not that I recall.
Q Who within the Olympia Police Department agreed with your decision
that sufficient punishment was occurring through Mr. VanWoerden's
resignation and the prosecution of these two juveniles?
A I can't - I can't tell you who that was now. I don't remember. This
was quite some time ago, and I didn't spend too much time with them. Mr. Tabor did most of the work on this case.
Q Can you name one person at the police department who was -
A No, I don't recall. I'm sure we discussed it with somebody, but I
just - I really don't recall. Whether the chief was in the meeting or
whether we met with several people or what, I don't - I don't know, but I
know that it was discussed with them, and maybe Mr. Tabor had several
meetings with them too. I don't remember.
Q There was no, question that Mr. Tabor had found probable cause to
support a violation of the reporting statutes; is that correct?
A Well, --
MR. LAW: Object to the form.
A -(Continuing) Yeah, I don't - you're assuming something. I don't
know.
Q (By Mr. Paul) You don't know if Mr. Tabor found probable cause to
support -
A I think - I think that I don't know whether he did or not. I think
that we felt that there was probable cause, but you've stiIl got to prove
the case, and we don't every time you have probable cause, you don't file
criminal charges, necessarily. There's a lot of factors that go into any
kind of a case. And in this case, we felt that, even though there may have
been probable cause, that nothing would be accomplished by filing charges
and going-through any kind of a trial. That was my feeling, and I think Mr.
Tabor's too.
Q Were you aware that when Mr. VanWoerden separated from employment -
was fired, quit, whatever happened to VanWoerden - that resulted in Colette
Queener getting a raise and a promotion?
A That what?
Q That Colette Queener got a raise and a promotion?
A No, I'm not aware-of that. I'm-aware that - I think she's the head of
it now or something, but, no, if that happened, I was not aware of that. I
mean if it happened, it happened. I don't deny that it happened.
Q Well, do, you consider that punishishment for a possible violation?
A I don't know. That's not for me to decide. That's not my problem.
Q Did you review the evidence associated with this investigation?
A Mr. Tabor did most of that. I'm sure I discussed some of it with him,
and this was kind of a joint decision of ours, and I felt that it was a
proper one at the time.
Q Did you, sir, look into prior allegations of sexual misconduct by the
staff at the O.K. Boys Ranch?
A I didn't feel that that was in front of us at the time. We do no
investigations. We do not initiate cases or anything like that. They all
come - in the 20 years I've been there, they all come from a law enforcement
agency. And after they bring them to us, why, then we review them, and quite
frequently many cases are sometimes rejected, some are returned, and things
of that - I mean, they're handled differently. We handle each one different.
Q So have I got this right, the police don't prosecute? The police is
not the Prosecutor's Office?
A We prosecute.
Q But you're not the police. Do the police prosecute cases?
A No, they investigate and bring the cases to us.
Q And then you in your office have the sole discretion, sir, about
whether to prosecute or not?
A Yeah, that's right. That's determined by me, whether we're going to
charge or not. That's right.
Q You cautioned me not to assume anything, so I'm trying to take--
A I'm not what?
Q Strike that. Was anyone at the police office reluctant to cooperate
with this investigation?
A I wouldn't know. I don't recall.
Q Was the Department of Social and Health Services or any of their
representatives made aware of the deal that was arranged with Mr.
VanWoerden?
A I do not know that. That's not - that was not a concern of ours.
Q Was Ms. Skinner of the Board of Directors of the O.K. Boys Ranch made
aware of the deal arranged with Mr. VanWoerden?
A That was no concern of ours. We had nothing to do with that. If she
was, it wasn't done by me.
Q You, however, at the time this deal was arranged, were aware of it,
were you not?
A Aware of what?
Q The arrangement whereby you would not prosecute,
that Mr. VanWoerden would terminate employment?
A Yeah, that was part of the basis of our decision is that he would resign, you bet.
Q And you personally were aware of-that when that decision not to
prosecute was made?
A Oh, yes. I'm sure - Mr. Tabor, as I say, is the one who worked on this
case, but I was aware of the ultimate decision of not to prosecute, yes.
Q Did you talk about the decision not to prosecute with any of the
members of the Board of Directors of the Ranch?
A Absolutely not.
Q Why not?
A I'd had no concern of theirs. I have nothing to do with the Ranch in
either capacity, as my capacity as a member of the deal or as a prosecutor.
They're two completely separate deals there.
Q The O.K. Boys Ranch employed Mr. VanWoerden, didn't they?
A Yes, I believe that he was under their employ. That had nothing to do
with me.
Q Part of this deal was that Mr. VanWoerden would no longer be employed
there; is that correct?
A That was part of the agreement that the Olympia Police Department and
Mr. Tabor and I felt was in the best interest of all concerned under the
question of failure to report.
Q But you didn't let the employer know?
A I had nothing to do with that, no.
Q Did anyone from your office let the employer know?
A I do not know that. You'll have to talk to Mr. Tabor.
Q Did you notify anyone - well . . Did you discuss it with anyone else
on the Kiwanis Club of Olympia board?
A No, I discussed it with no member of the club or any member of the
O.K. Boys Ranch. I do not as prosecutor discuss my cases with anybody else
out of the deal other than official people, and I, think, you as a lawyer,
would understand that.
Q In fact, you as a lawyer, are supposed to avoid
becoming involved in a situation where you could be a witness; is that not
correct?
A I don't know what you're talking about.
MR. LAW: Excuse me?
THE WITNESS: It's argumentative.
MR. HANSEN: Yes.
MR. LAW: Excuse me. I'm going to object to the form of the question,
because, once again, Counsel, you are misstating the requirement under the
law. You are misstating. It is "necessary witness." It is not "witness."
Q (By Mr. Paul) What is your understanding, Mr. Sutherland, concerning
at what point there is an appearance of impropriety in prosecuting a person
in the state of Washington?
A Well, I've never had that situation arise.
Q I well believe that. What is your understanding of what it takes to
have that situation arise?
A I don't think that's part of my situation here today. I don't - I
don't understand your question.
Q Okay. I believe that.
MR. HANSEN: Okay, just a minute.
Q (By Mr. Paul) Mr. Sutherland --
MR. HANSEN: Just a minute. That's it.
MR. PAUL: I'm sorry, Counsel.
MR. HANSEN: That's it.
Q (By Mr. Paul) Mr. Sutherland, I'm going to pass you another exhibit
and change the subject. I would like to know if you served on the Board of
Adjustment for the City of Olympia.
MR. HANSEN: Counsel, I'm going to caution you. You're being
disrespectful.
Q (By Mr. Paul) Mr. Sutherland?
A The Board of Adjustment. You tell me, did I?
Q Let me pass you what we will mark as an Exhibit - whatever is next in our sequence.
A Yes, that's my signature, and I was on the Board of Adjustment there,
1969. Wow. Now, that's right. Yes.
Q Were you a Kiwanian at the time?
A I don't know.
Q How could I find out?
A I can't help you. You guys are doing pretty well. You can check that
yourself. Kelley can get it for you.
Q And at that point in October of 1969, the Olympia Kiwanis Boys Ranch
applied for a Conditional Use Permit; is that correct?
A I don't know. You've got the document there.
Q Do you have that in front of you, sir?
A No. I don't know. I haven't had a chance to look at this. I assume
it's correct there, but you're putting words in my mouth today, and I'm not
sure. I can't comment on it. I was - I remember being on that Board of
Directors, but I - and if this came in front of us - and that is my
signature. And whether I was a member of the Kiwanis Club at that time, I
don't know. I certainly wasn't active or - if I was, I was; I don't know.
But I don't recall it. But I do - and I don't remember this, but this is
obviously my signature.
Q And if you can look at page 9007, that's the place where you signed
this application or order?
A Well, that's my signature, whatever this document is. What did we do,
grant something to the Boys Ranch or something like that? I think I was one
of three members on that; I don't know. Again, I'd have to go back and check
it. I think there was three people on the board.
Q Do you recall asking anyone if there's an objection to you serving on
this quasi-judicial board at time you made the signature?
A I don't know whether my mother talked to me about it or not, but I
don't recall.
MR. LAW: Excuse me, Counsel, I'm going to object to the form of the
question.
MR. PAUL: That's fine, Counsel.
MR. LAW: You've made reference to "board." What board are you referring
to? Are you referring to the Board of Adjustment or are you referring to the
Board of Kiwanis or the Board of the O.K. Boys Ranch? Which one is it? If
you're going to use the term "board," the question is, what board are you
talking about? This document may very well suggest that he served on the
board of the Board of Adjustment back
in 1969.
MR. PAUL: That's what I was referring to, Counsel.
MR. LAW: Well, I think - do we know that or not?
Q (By-Mr. Paul) Mr.
Sutherland?
A Yes, Sir.
Q Were you aware of whether the Olympia Kiwanis Club or Kiwanis Club of
Olympia decided to honor Tom VanWoerden in March of '93?
A I don't recall. If they did, they did. I'm not aware of it.
Q When you say "they," you mean we? You were on the Board of Directors
of Kiwanis Club of Olympia in March of '93, were you not?
A I believe I was.
Q And the board decided to honor Tom VanWoerden, did they not?
A I don't know. If they did, they did. It wasn't my motion or my desire.
Q Did you vote against it?
A I don't recall. What does the record show?
Q Was there a committee formed to -
A I don't know.
Q -- to debate this?
A I don't know. I'm sure that from time to time that - I think
VanWoerden was the only manager they had there all these years and - but I
had nothing to do with him one way or the other, other than maybe sitting
down at one of our Monday Kiwanis meetings here, just like you and me here.
I had no meetings with him or any social activities or not. He appeared to
be doing a good job and - but you could fool me by it.
I've never been to the Ranch, don't know anything about it.
Q Judge Dubuisson in her capacity as a member of the Board of Kiwanis
Club of Olympia discussed personal immunity; is that correct?
A I don't--
MR. LAW: Excuse me. Object to the form of the question. It fails to
designate when or any other identifying characteristic.
MR--PAUL:- Well, perhaps if the witness had some recall, it wouldn't
merit further inquiry, but I understand from Mr. Sutherland -
A Personal immunity of what?
Q (By Mr. Paul) Personal immunity from liability was discussed by Judge
Dubuisson, was it not--
A Where-?
Q --- at Board of Directors of Kiwanis Club of Olympia in June of 1991?
A I don't recall that discussion taking place. Was I there?
Q I believe you were, sir. There was more than one meeting in which it
was discussed.
A I don't recall whether it discussed.
Q The answer to your question, sir, is at the July '91 meeting, you were
present according to the minutes. That's all I can report.
A Okay. If the minutes say I was there, I was there. I don't recall it.
I'm sorry.
Q She again raised the subject on August 12 of 1991. Did you have any communications or conversations with Judge Dubuisson concerning
personal immunities?
A Absolutely not, to my knowledge.
(Deposition Exhibit No. 5 marked for identification)
MR. PAUL: That's all I have. I thank you, Mr. Sutherland, for making
yourself available.
MR. HANSEN: I have no questions.
MR. LAW: I don't either.
(Concluded at 3:07 p.m.)
(Signature reserved)
--Sutherland Deposition part 1--
Below is an e-mail I received from a former Olympia, Washington resident.
From: ~~~~~~~~@aol.com
From: louis a bloom manaco@whidbey.net
To: Louis Bloom manaco@whidbey.net
Sent: Wednesday, July 28, 1999 11:34 AM
Subject: OKBR
Just came across your pages and felt the urge to respond... In the early
80's (81-83) I was at the OKBR frequently as a young kid walking to/from
school, I became friends with some of the boys. At one point a small boy
confided to
me that he was being raped by another boy in the home. The abusing boy
talked about it openly!
Days later I walked the victim to OPD where we both gave statements. Later that evening I began to receive these incredibly
threatening phone calls from a woman employee of the ranch who's name I
believe was Paulette at my home. She kept calling over and over screaming at
me calling me names. It was horrible. I thought I was helping someone.
Nothing came of it. Then all these years later, it all comes out ... one of
the boys that I had known there left as a young adult and still couldn't get
it together, he eventually killed himself. As an adult now I don't often
think back to those times but it still saddens me. All those boys that
needed a safe nurturing place to be, and how many of them were better off
for having been taken there? It's not about money. It cost these boys their
lives, their souls, their trust. Those people who knew, who didn't care,
they should feel such shame. Just my opinion.
To: ~~~~~~~@aol.com
Sent: Wednesday, July 28, 1999 7:30 PM
Subject: Re: OKBR
thanks for your e-mail. from what i've read, dshs, the olympia police department, and other "authorities"
didn't consider child on child rape to be against the law. it was considered
"normal experimentation". The "paulette" you mention, may have been
Collette Queener who was an assistant director at the OKBR. Collette, OKBR
Director Tom Van Woerdan, and OKBR counselor Laura Rambo Russell were
ineptly charged by Wa. St. with "criminal mistreatment for failing to stop abuse". The
charges were dismissed by Thurston County Judge Daniel Berschauer on technicalities. The lawyer who
represented Collette Queener said, (Nov. 14, 1996 Olympian), that it was a
"witch hunt", and that " a more innocent person (than Queener) you could not
have for a client. She's an ex-nun ..... I don't see how you could view her
in an evil or negative light."
I congratulate you for doing the right thing, when all those adults looked
the other way. I repeat on most pages that the " OKBR has cost the
Washington State taxpayers over $35 million dollars (so far)", because I
think most people
don't care about the kids involved, but they may care that it has cost them
(taxpayers) money.
louis bloom
There were many obvious and long-term warnings about the 1970-94 child abusing Olympia Kiwanis Boys Ranch.
manaco@whidbey.net