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 Gary Tabor Page
--part 1----part 2----part 3--
Q What response came back to you from the Olympia Police Department?
A Well, initially they indicated that they would be assigning a
detective, a new detective, to the case and he would be trying to provide the information that I'd requested, and that was Detective Darrell Noble. And then, over the course of the next few weeks, as I've indicated, I had several contacts
with Detective Noble, and he did, in fact, attempt to produce the information I'd requested.
Q Did you feel that you obtained the cooperation necessary from Olympia Police department?
A Yes.
Q And they responded to your requests?
A They did.
Q Did you talk personally with Miriam Madison of the CPS concerning
conversations with Laura Rambo following the initial orgy?
MR. LAW: Object to the form.
A I don't recall whether I spoke directly with her. I don't remember. If
I did, it would have been by telephone, not face to face.
Q (By Mr. Paul) Did you review statements she gave to the police or
summaries of those statements?
A Yes. Detective Noble did make contact with her, and I certainly
reviewed whatever he had to say. I don't recall whether there was a statement, or merely his summary of a conversation.
Q There's no way that the police can force you into prosecuting a case,
can they?
A Well, when you say "no way," I think we have a good working
relationship with the police and we listen to the concerns of police, and I hope they listen to our concerns. There's often give and take. There have been occasions when we've been asked to do something and we felt it inappropriate to do that. We try to explain to them our reasons. There are other times when we make a decision and we discuss it with police, and they say, "That's fine with us." In this particular case, that was what took place. They indicated that the way we were handling the matter was fine as far, as they were concerned.
Q My question, Mr. Tabor, is that under the scheme or the separation of
powers that you alluded to earlier, the police are not empowered to make the decision about whether to prosecute, are they?
A Well, there is separation of powers. We're both part of the executive branch, and there are different ways to exercise power and control. It is ultimately the prosecutor's decision of what charges to file, not the police decision.
Q Did anybody besides you and Mr. Sutherland participate in the decision not to charge Tom VanWoerden, Colette Queener, and Laura Rambo?
MR. HANSEN: Object to the form of the question.
A I think that the decision was ultimately that of our office. I've
already indicated that I think I made that decision with Mr. Sutherland's approval. However, as I've also indicated, I did ask for the input of the Olympia Police, including Detective Noble and Chief Wurner, and so I would say that it was a decision that was collective from the standpoint that there was not any disagreement.
Q (By Mr. Paul) Let-me be a little more specific. From within the people
working for the Thurston County Prosecuting Attorney's Office, was anyone else involved in the decision not to prosecute Colette Queener, Tom VanWoerden, and Laura Rambo?
A I may have discussed the matter with Jim Powers, who is a deputy in
the Felony Section, who works primarily with sexual abuse cases. I recall that Mr. Powers worked extensively with Nancy Gassett early on in the juvenile criminal case and put together a request for a subpoena duces tecum, which he presented to a judge and the judge authorized that subpoena to the O.K. Boys Ranch. I believe that Mr. Powers and I discussed the matter at a later time when the failure to report complaint was made. I do not recall whether i specifically asked him his - for his concurrence in my decision, but I don't recall any objection. He was not assigned to the case, I was, but I often discuss things with other members of the office.
Q Other than Jim Powers, did you discuss this case with other members in
your office?
A Not that I recall, but it would not be unusual to have discussed it with, for instance, John Bumford who's the senior deputy in the Felony Section.
Q I'm trying to get a sense of what you recall and not what would or
wouldn't be unusual. Do you recall talking to anyone besides Jim Powers?
A No.
Q Did you personally check with any other outside agencies to see if
other investigative materials could be assembled in support of the decision you were trying to make?
A I believe that I discussed with somebody from DSHS about the remedial
action that Detective Noble provided me paperwork concerning.
Q Who at DSHS did you talk to?
A I don't recall.
Q Did you meet face to face or telephone?
A Probably telephone.
Did you have any telephone conferences or face-to-face meetings with Laura Rambo?
A No.
Q Did you have any direct communication with Colette Queener?
A No.
Q Would it be unusual for you to do that?
A Yes.
Q Were you aware of any prior incidents of allegations of sex or
sexually inappropriate contact between staff members at the O.K. Boys Ranch and residents at the O.K. Boys Ranch?
A I didn't recall that until you asked the question, and that leads me
to believe that at some point there was some inappropriate contact on the part of a staff member, and I believe there was a prosecution, but I don't have any greater recollection than that.
Q Was that a successful prosecution?
A I don't recall.
Q Who was the prosecutor assigned?
A I don't recall that either.
Q What year was that?
A I do not recall. What decade was that?
A Probably the decade of the '80s.
Q Was that prosecuted in Thurston County, as far as you know?
A Well, I would think so, yes. That would be the jurisdiction.
Q Well, it could have been a federal case, for all I know.
A Well, I don't - I don't have any recollection of any kind of federal
case, and my recollection about anything is very vague, but there may have been something. I'm just trying to be forthcoming.
Q Was there a conviction?
A I've already stated I don't recall. I don't even know whether there
was a case. It may have only been an allegation.
Q What method is there to follow up on looking into that?
A We have a case tracking system which identifies defendants by name.
Unless I have a name, that would be difficult. The police jurisdiction would be the more likely way to follow that up, if that's actually something that took place.
Q What sort of resources do the police have that can track this
if you don't know the suspect or defendant's name?
A They have a computer system that deals with the site of an incident.
Q Is there anyone in your office that might have more information about this, as far as someone you think may have been assigned to sex crimes?
A well there two deputies that work primarily with our sex cases, and if it's been in the last 12 years, probably one of them would know that.
Q Who are the people? Is Jim Powers one?
A Yes, Jim Powers is one and John Bumford is the other.
Q How does Mr. Bumford spell his name?
A B-u-m-f-o-r-d.
Q As far as you know, were there any controlled substance prosecutions
involving Ranch staff or residents?
A I'm sure that there have been, but I do not normally work with the
day-to-day cases referred regarding inmates or maybe I should say residents of the O.K. Boys Ranch. That would be in the juvenile court. And, yes, I'm sure there have been substance abuse cases in that regard. I don't have any
recollection of substance abuse by staff members.
Q Why did the removal of Tom VanWoerden satisfy you, in part, as a
remedial measure?
A Well, as I indicated early on, that was one of the primary concerns
expressed by the Olympia Police specifically, Ms. Cushman and Mr. Wurner, that they were not happy with the relationship between Mr. VanWoerden and the Olympia Police Department and they would hope that whatever the outcome,
that Mr. VanWoerden would not be in his current position one way or the other.
Q What specifically, if anything, did they complain about with regard to VanWoerden?
A That they believed he was reluctant to bring matters to their
attention that they would like to know about.
Q Was that something that Chief Wurner expressed?
A Yes.
Q Is that something that Reiko Cushman expressed?
A Yes.
Q Is that something that Nancy Gassett expressed?
A I don't recall a specific conversation with Nancy Gassett, but I
believe that that may have been conveyed to me by Reiko Cushman that Nancy Gassett felt that way.
Q Is that something that Detective Noble or Sergeant Noble expressed?
A No, I don't recall him talking about that at all.
Q Did you ever resolve a criminal investigation with someone having to
resign employment before?
A Yes.
Q I'll pass you what we'll shortly mark as Exhibit 3.
(Deposition Exhibit No. 3 marked for identification)
MR. LAW: Counsel, I'm wondering if we could take about a two-minute
recess so I could make a phone call to Mike Shaffer having to do with the scheduling of the boys examinations next week. I'm sorry. I wasn't able to make contact with Mr. Shaffer's office-----
MR. PAUL: Let's take two minutes.
MR. LAW: -- and I need to communicate a message to him.
MR. PAUL: That's fine. Feel free to take two minutes.
MR. LAW: I would expect no more than two minutes.
(Recessed at 1:41 p.m.)
(Reconvened at 1:51 p.m.)
Q (By Mr. Paul) Did you, sir, Mr. Tabor, meet with Jean Soliz from the
Department of Social and Health Services?
A I don't think so.
Q Did you ever - did you meet face to face with Mr. Buzzard about this
case?
A No.
Q Is it your understanding that you arranged a deal or an agreement was made whereby a quid pro quo occurred, Mr. VanWoerden would quit, resign, or be fired, but, in any event, separate from employment, and in exchange for that, he would not be prosecuted?
A Yeah. Yeah, we did make such an agreement.
Q Was anyone else a party to the agreement besides Mr. VanWoerden and
his attorney, presumably Mr. Buzzard and your office?
A Well, yes. As I indicated, I called Chief Wurner before we finalized that. I believe I also talked to Detective Noble.
Q Was Kiwanis made aware of this deal?
A Well they were made aware, but I'm not by who. I don't know whether
our office talked with them or Mr. Buzzard did.
Q Was this deal arranged before or after you met with Mr. Van Schoorl,
Mr. Sutherland, and Ms. Skinner?
A Well after.
Q Was Ms. Skinner made aware of this arrangement?
A Well, I'm sure she was at some point, but as I just said, I don't know
by whom or when.
Q Did you have any contact with her to apprise Ms. Skinner of this deal?
A No, I don't believe so.
Q Do you have Exhibit 3 in front of you, sir?
A I do.
Q Do you see on page 2 where there's a statement, "Written logs
for various victims indicate this activity was occurring back as far as July 1991"?
A Yes.
Q Let's see. What do you understand this activity to refer to?
A Well, there was a log entry in July of 1991 that had something to do with possible sexual activity between two or more people. I don't have a specific recollection now whether or not that was activity with people who were within two years of the age of one another or not.
Q Did Ms. Rambo and Ms. Queener or Mr. VanWoerden deny knowledge of that
inappropriate sexual activity, as far as you know?
MR. HANSEN: Object to the form of the question.
A Well, as I've stated earlier, I believe that what they said was that
they believed that if activity took place between people within two years age of one another that it was not reportable.That was their understanding.
Q (By Mr. Paul) Did you understand that Mr. VanWoerden had
ready access to the daily logs?
A It's my understanding that he said he read the logs on a semi-regular
basis
.
Q How do you get that understanding?
A It seems that in his statement he said something about he read them
sometime or perhaps it was Ms. Queener's statement that indicated that Mr. VanWoerden could read the logs, and did at times.
Q And Queener and Rambo both had access to the logs, did they not?
A Yes.
Q And staff indicated to you that Mr. VanWoerden was at meetings where sexual conduct between and among Ranch residents was occurring?
A I think they indicated that to Detective Noble.
Q Do you have any information which would indicate that that was not the
case?
A Well, it depends on one's definition of sexual activity. I think again
that some people would say they heard things about sex occurring, but they did not believe that it was sexual abuse because it wasn't - it did not meet the statutory criteria.
Q Did you talk or - strike that. Did you talk with anybody in order to
get a picture of how the O.K. Boys Ranch had performed their contract over the approximately 15 years they had been in operation?
A Well, as I indicated, I think Ms. Cushman and Chief Wurner indicated
that they believed there had been some problems, at least in relationship with police, over the years, but the scope of this investigation was not investigating the O.K. Boys Ranch. It was only investigating whether or not there had
been a technical failure to report sexual abuse on the part of three people, and that was what it was limited to.
Q You indicated you were relying, in part, on the remedial actions expressed to you--when you decided not to prosecute. Am I---
A That..was one consideration-yes.
Q Isn't it also appropriate for a prosecutor to also look at what had been the prior history of an accused when deciding whether to prosecute?
A Yes.
Q And to that end, didn't you have abundant information from Chief
Wurner that the O.K. Boys Ranch had numerous problems with the police department over the last 10 or 12 years?
MR. LAW: Object to the form of the question. It misstates his testimony.
MR. PAUL: Go ahead.
A Well, as I indicated, Chief Wurner indicated that there had been, in
his opinion, problems with the way his department was related to or notified by the O.K. Boys Ranch of various things. He was not happy.
Q (By Mr. Paul) And didn't Reiko Callner also indicate that to you?
A Yeah. Her name was Cushman at the time, but you're right, that's her
name now.
Q Thank you.
A Yeah, she indicated that as well. But, as I also said, they indicated
their primary concern was to see Mr. VanWoerden removed from his position.
Q Did they give you any feedback on whether they thought it would be appropriate for Ms. Rambo to be promoted to replace them?
A No, we didn't discuss that.
Q Did you talk to Mr. Buzzard about who would be replacing Mr.
VanWoerden or, specifically, whether Colette Queener would be promoted?
A No, I did not.
Q Weren't you curious-about how her job would be affected by this?
A No, not officially, I was not.
Q Were you unofficially?
A Oh, hindsight sometimes is enlightening, but that was not a
consideration at the time we made the agreement.
Q In hindsight, would you have prosecuted these people?
A No, I don't think so. I don't have any real problems with the way that
we handled the matter. Probably do the same thing again today.
Q Did you receive any - strike that. In response to your October 2, '92,
request to Chief Wurner for further information, did you receive organizational charts of the Ranch?
A Yes.
Q Did you receive a job description of the Director of the Ranch?
A No, not specifically. What I received was a staff list that just indicated their job title, as I recall.
Q Did you ask the police to conduct any further interviews?
A At what point?
Q Well, really at any point, sir.
A Well, yes, the letter we were just talking about, I asked police
to conduct further interviews.
Q In addition to that letter, were there any other requests for
interviews?
A I don't recall whether or not I asked in that letter that the suspects
be interviewed, but at some point I asked that they be interviewed, if not in that letter, at a later time.
Q You indicated before that there were strengths and weaknesses to the
case. What were the strengths?
A The fact that there were indications in logs that sexual activity was
suspected. The fact that a report was made to police in July about sexual activity and the allegation by staff members that they were told not to discuss such things because it would give the Boys Ranch a bad name. Those are certainly three strengths I can think of.
Q Was the comprehensive police investigation something that you
considered to be a strength of the case?
MR. HANSEN: Object to the form of the question.
MR. LAW: Same objection.
A I thought the police did a good job. Certainly there are
times when police don't do a good job, and that's a weakness in the case.
Q (By Mr. Paul) Were you concerned about whether Colette Queener would
continue in her capacity as a guardian of children?
A No.
Q Were you concerned with whether Laura Rambo, now known as Laura
Russell, would continue treating or counseling or caring for children?
A No.
Q Were you concerned about whether Thomas VanWoerden would continue
after the date of your investigation in his capacity of treating or caring for children?
MR. LAW: Object to the form of the question. It doesn't state a time.
MR. PAUL: Go ahead.
A As I've already indicated, I took into account the fact that he was
resigning his position and felt that was appropriate, and that was the scope of my consideration about his involvement.
Q (By Mr. Paul) Why was it appropriate that he be forced to resign?
A Because I think.that the police had lost faith in his ability to deal
effectively with the problems that they mutually had.
Q That's not a crime, though is it?
A No, that's not a crime.
Q But Mr. VanWoerden was punished for that?
MR. HANSEN: Object to the form of the question.
A I don't know whether he feels that was punishment or not, but it
was - the fact that he was relieved of his duties were - that was one of the goals of police from the very beginning, and we accomplished that.
Q (By Mr. Paul) Your
job isn't just to accomplish the goals of the police; it's to enforce
the laws of the state, isn't it?
MR. HANSEN: Object to the form of the question. You're arguing with the
witness now.
MR. PAUL: Go ahead, Mr. Tabor.
A Well, my job is to try to discharge the duties of a deputy prosecutor
to the best of my ability, and I think I did that in this case.
Q (By Mr. Paul) But you don't know if Mr. VanWoerden was punished?
MR. LAW: I'm going to object to the form of that question. That's
argumentative and really beyond the scope of proper discovery, Counsel.
MR. PAUL: Go ahead, Mr. Tabor.
A Well, I think it's certainly public record that he was resigning, and
whether he considered it punishment or not, I did.
Q (By Mr. Paul) As far as you know, did Mr. VanWoerden violate RCW 26.44.030?
A I'm not the ultimate determiner of that. I've indicated that I
believe there was probable cause to believe that he did. However, it would be up to a finder of fact had this matter been tried to make that determination. I made the determination about the appropriateness of continuing with the
prosecution and made the decision not to, based on all the factors that I've previously discussed with you.
Q Do you believe Mr. VanWoerden violated RCW 26.44.030?
MR. LAW: Same question, Counsel. Same objection.
MR. HANSEN: Asked and answered.
MR. LAW: -- asked and answered. That's exactly the same question.
MR. PAUL: It is because the answer was nonresponsive, and I'll move to strike. It suggested only what Mr. Tabor felt his job duties were and whether he feels in his testimony that he fulfilled those duties. My question now is seeking an answer to the question whether Mr. VanWoerden violated RCW 26.44.030.
A And my answer is I don't know.
Q You don't know?
A Yeah.
MR. PAUL: Okay no further questions.
MR. HANSEN: No questions here.
(Concluded at 2:08 p.m.)
(Signature reserved)
--part 1----part 2----part 3--
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