Weekly Register-Call/ Gilpin County News

In the Forrest Whitman lawsuit against former editor

“The dragon is slain. The witch is dead. The sunshine of balanced reporting has returned to Gilpin County,” announced local attorney, John Pineau, as he handed over a $60,000 check to Gilpin County Commissioner Forrest Whitman at a press conference on August 14^th.  The money was a settlement from the estate of William C. Russell, Jr. former publisher of the Weekly Register-Call and former editor Debra Krause, for false statements about Whitman that she printed in October, 2008. Neither knew if, or how, Krause might be financially affected, personally, by the settlement. It’s taken almost a year to settle the case to Whitman and Pineau’s satisfaction. They are most happy about a document that came with the check; the public retraction and apology, signed by Jack Salewski and Thomas Robb as Personal Representatives of Bill Russell’s estate. Pineau went on, “We thank the honorable and professional attorneys who represented the defendants and their efforts that helped us resolve the case without any further bloodshed.”

Krause printed an editorial stating, as fact, that Whitman had once used the name “Black;” had been inappropriately involved with a minor female in a youth group at a Boulder church where he was minister; had misused church funds; and had not received an undergraduate degree from Illinois Wesleyan University. Prior to his death, publisher, Russell, had initiated his own detailed investigation into Krause’s allegations-and found all of them to be false. Whitman said it was a victory, “Not just for me, but for everyone who is falsely accused and libeled. It’s sending a message to newspapers, people running for office, people in the public eye and bloggers – you can’t just make stuff up!” Whitman, a columnist for several publications, had no qualms about suing a newspaper, said fear of a suit keeps the media honest. Asked why they thought the former editor had published such allegations, Whitman and Pineau said they couldn’t speak to Krause’s intent but observed the false statements had appeared in an editorial endorsing, Jerry Ward, Whitman’s opponent in last year’s run for the commissioner’s seat. That suggests it was political, they said, an “October surprise” (allegations made so late in the election, the victim has no time to effectively dispute them). Pineau took the case pro bono, sticking with it through eleven months of legal maneuvering, explaining, “It seemed like it would be fun.” He admitted he thought it would have been more of a fight if Bill Russell was still alive. “Our understanding is he was a formidable opponent.”  It turned out their opponents were more interested in resolution. The case was settled in July following nine hours of mediation by Judicial Arbiter Group (JAG), a private judicial services provider made up of former trial and appellate judges who now specialize in dispute resolution. Krause, Salewski, Robb and their attorneys, Scott Albertson and Heather Hodgson, met in a confidential meeting with Whitman, Pineau and Pineau’s trial assistant, Jessica Arras and the mediator, Judge Leland Anderson. A few weeks later the retraction and check arrived.

Last October, when Pineau filed the lawsuit, he said he hoped there would be accountability through civil or criminal court. The Jefferson County District Attorney (DA) also handles Gilpin County cases. The DA declined pressing criminal charges, said Pineau, adding he didn’t feel the reason given for declining was sufficient and he figured there was more to it that wasn’t shared. They could have appealed the DA’s decision, he noted. 306 witnesses had been contacted who were willing to testify in court to Krause’s infractions, but the mediation looked like the way to resolution. He had also planned to put the matter to a state commission of six district attorneys charged with reviewing election violations. He discovered “They were easier to find in print than in reality.” No matter. Pineau, noting that similar cases have been settled without any monetary award, said they had more than accomplished what they’d set out to do. “The paper has been placed in better hands; the editor is no longer there, replaced with one we’re comfortable with; the case was settled; we got a retraction and an apology-it seems like a pretty good day!”  Following Russell’s death, the Weekly Register-Call was sold, then immediately merged with the Gilpin County News in a partnership deal, retaining the Weekly Register-Call name to keep intact the historical integrity of the 147 years of continuous publishing in Gilpin County, making it the oldest newspaper in Colorado. Whitman and Pineau acknowledged the current Weekly Register-Call is not Russell’s Weekly Register-Call. “It’s improved 100% already,” said Whitman, “with good editing and good reporting.” Pineau also appreciates the new Weekly Register-Call, adding, “We’re very optimistic about the future.”

For Whitman and Pineau that future means dividing and using the settlement money as they deem fit. Whitman has a list of thirteen charities he supports and said he’d be able to give them all a little more than usual. That list includes a scholarship fund sponsored by the Central City Elks, the Gilpin County Food Share program and Nederland’s Carousel of Happiness. There will be a few dollars left over for “personal stuff,” said Whitman, things he and his wife have wanted to do. Perhaps the future holds more “fun” for Pineau. Asked if he’d been contacted regarding more cases against the former editor, Pineau wouldn’t say. But he was smiling.