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TABLE OF CONTENTS CHAPTER SIX
"The Law of Wrath" Nowhere was the volatile and abusive nature of Fred Phelps more
visible than in the law courts. Six years before the bar, the
ill-tempered reverend had already discovered the law was a perfect
mattock-handle to punish the world outside his walls. Between 1958 and
1964, Phelps filed 14 lawsuits against his employers, his customers,
Leaford Cavin (the Baptist minister who'd given him his new church), the
radio station TOP (Phelps had paid to broadcast for 15 minutes each
Sunday morning, but then had his show terminated as too inflammatory),
Stauffer Communications, former friends, and public officials. In
addition, according to a local attorney who recalls those early days
when Fred sold baby carriages and cribs door-to-door, Phelps flooded the
equivalent of the small claims courts with requests to garnish the wages
of young couples who'd missed their payments-however briefly. In one case, Fred Phelps vs. Rattus Lewis, which reached the
District Court in 1961, Phelps was accused by Lewis and his wife of
tricking them with lies: when they thought they were signing a note
vouching for the good credit of another couple, they were actually
buying a baby-stroller for a baby they didn't have. The Laces were an
uneducated black couple. Phelps was just entering law school seeking, in his words, "to
relieve the oppressed" and to achieve social justice via the
courtroom-or what he called "the judicial remedy". There seemed, even
then, no limit to the pastor's greed and no grasp of decency in his
actions: "I remember we were amazed," one member of the court recalls,
"that anyone who hadn't been to law school could be so robustly
treacherous." One of those must have been Judge Beryl Johnson, who threw
more than one of Fred's cases out of court. And, apparently, the judge
would remember the pastor's avarice and utter lack of ethics. To be
admitted to the bar, Phelps needed a judge to swear to his good
character. The process is usually routine. Not for Fred. No judge was
willing to do that. Phelps claims it was the same Beryl Johnson, now
deceased, who lobbied the other judges not to sign the young graduate
off. Eventually, the pastor was able to gain entry after providing
numerous affidavits from other character witnesses. Phelps is still bitter about that today. He claims 'they' were
closing ranks against his Bible message and against his stated intent to
use the courtroom to attack social injustice. In a 1983 interview with
the Wichita Eagle- Beacon, Fred defined the 'they' who tried to keep him
from the bar as "the leading lights of the Jim Crow Topeka
community...the presidents of the First National Bank, Merchants
National Bank, Capitol Federal Savings and Loan, and the Kansas Power
and Light Company..." The pastor states that, though 'they' tried to stop him, he knew
what he had to do: "I was raised in Mississippi. I knew it was wrong the
way those black people were treated," he says. He also accuses Lou
Eisenbarth, a Topeka lawyer, of having led a delegation of attorneys who
tried to block Phelps' admission to Washburn Law School. Eisenbarth just shakes his head in quiet surprise. "Not me." He
remembers beating Phelps in one of the pastor's law school civil rights
suits, but says there was no delegation to block Phelps going to
Washburn. And the judges unanimously refusing to sign off? "If that did
happen, it was Phelps' bad temperament and poor judgement that had
alarmed community members enough to strenuously object to him practicing
the law. It was his litigious and malicious behavior-not fear of any
future civil rights work." A few months after Phelps told Capital-
Journal reporters, 'I was raised in Mississippi; I knew it was wrong the
way those black people were treated', the following incident occurred: A
black woman, having to walk through the anti-gay pickets outside the
courthouse and minding her own business utterly, politely asked Jonathon
not to thrust the camera in her face. Pastor Phelps, unaware a member of
the press had come up behind him, screamed at the black woman so loud
the pavement should have cracked: "YOU FILTHY NIGGER BITCH!" Once inside
the bar, within two years, the young esquire provided his elders' fears
were not unfounded. As the court-appointed attorney from October to
December, 1966, for a man arrested in a forgery case, Phelps received
$200 from the defendant's ex-wife to bond the man from jail. Several
days later, the ex-wife hired Phelps to handle a divorce she now sought
from her current husband. She paid the pastor $50 to do the legal work.
The divorce was granted. Phelps kept the $200 for himself, preparing
court records to show he had been paid $250 for the divorce. Meanwhile,
the lady's ex-husband remained in jail. In the year prior, there had
been more unethical conduct. Phelps had been hired to represent another
woman seeking a divorce in March, 1965. Before firing him as her attorney a month later, the woman had
paid the pastor $1,000 of the $2,500 fee he was charging her. Phelps had
filed an attorney's lien for the balance of the unpaid bill. But a
Shawnee County District Court judge had ruled Phelps' services weren't
worth more than the $1,000 already paid by the woman, and disallowed the
$1,500 lien. So Phelps had filed a lawsuit against the woman in the same
court, seeking the $1,500. The Kansas Supreme Court said that amounted to harassment of
his client. It stated Phelps' conduct in the case "demonstrates a lack
of professional self-restraint in matters of compensation." Assistant
Attorney General Richard Seaton would later observe that Phelps had
shown a pattern of conduct illustrating "an uncontrollable appetite for
money-especially the money of his client." The pastor didn't agree. In May, 1966, he filed for the
Democratic nomination to the Kansas House, 45th District. "As a
Democrat, I am liberal in my thinking," he announced, "but conservative
in spending the people's money." Meanwhile, behind the walls of
Westboro, the pastor lay up for days in bed, addicted to drugs, beating
his wife and helpless toddlers, and sending seven year-olds to fetch his
hot apple pie. A potential public servant perhaps-but one straight out
of ancient Rome. In l969, Phelps was brought before the State Board of
Law Examiners on seven counts of professional misconduct. Seaton and then Attorney General Kent Frizzell argued that the
Westboro minister's conduct as an attorney "is one of total disregard
for the duties and the respect and consideration owed by an attorney to
his clients. Where money is concerned, the accused simply lacks any
sense of balance and proportion. Whatever the reason for this, it
appears to me a permanent condition." Frizzell and Seaton wanted Phelps disbarred. Instead, State
Supreme Court Justices chose in 1969 to suspend the pastor for two
years. Phelps landed on his feet however: the children's candy sales
took up the slack in family income-and then some. But the court's
sanction did trouble him. It was on the first anniversary of his
suspension that Phelps decided his wife wasn't in proper subjection to
him and shaved her long hair down to a bad crewcut. Mrs. Phelps later
told the children: "He's just upset; it's been one year today since he
was suspended." Nine months after he was released from the penalty box
for cheating and exploiting his clients, Phelps had the temerity to
place his name on the ballot for District Attorney of Shawnee County.
At the same time, not only had he just been disciplined for his
lack of professional ethics, but he was also being sued by three
different candy companies, having stiffed them for almost $11,000. To
make matters worse, he had also just eluded criminal charges for beating
Nate and Jonathon, and danced in front of his children at the news his
oldest son's fiancee had committed suicide. One can only imagine what new turns the pastor's hate would
have taken, invested with the power of the D.A.'s office. Because no one
else had filed in a race against a popular Republican D.A., Phelps ran
unopposed in the August Democratic primary. However, the D.A. was
required to have practiced law in the county for five years prior to
holding office. As a result of his suspension, Phelps had those years
cumulatively but not consecutively. He held he qualified. The State
Contest Board held he did not. Phelps appealed first to the District
Court, then to the Kansas Supreme Court. He lost. He was disqualified
September 28, 1972, leaving the Democrats only five weeks to find
another candidate. They lost. Since then, the pastor has maintained bitter relations with a
succession of D.A.s-none of them Fred Phelps. Having stumbled at the
start of his public career, Phelps returned to private practice and
quickly confirmed his colleagues' fears: the angry reverend's working
preference was for largely unfounded lawsuits which the defendants would
settle out of court to avoid the nuisance of litigation. "I was waiting in the Denver airport with him. We were working a
civil rights case," remembers Bob Tilton, a former Democratic state
chairman and an acquaintance of Phelps. "He told me had to file 20
lawsuits to get one judgement. I said to him, "But what about the other
19 people you sue? It costs them a lot of money and heartache to defend
themselves.' He just laughed at me." Phelps sued Kentucky Fried Chicken
for $60,000 when a female client claimed she'd discovered a 'bug' in her
breadroll; at the same time, he sued a restaurant owned by Harkies Inc.
for $30,000 because the same woman claimed to have dined there and found
abone in her barbecue. The client admitted she hadn't eaten either the
bug or the bone, and that she'd sought no medical treatment, yet she
claimed personal damages totaling $10,000 and punitive damages of
$80,000. KFC settled out of court for $600. Harkies likewise for $1,000.
In a third case (all three of which were first described in the 1983
expose of Phelps by Steve Tompkins of the Wichita- Eagle Beacon), Fred
sued a Denny's restaurant for $110,000. He claimed slander against his
client when the man was accused of palming a dollar bill lying beside a
register. The restaurant settled out of court for $750. For the most
authentic taste of the law according to Pastor Fred, however, one must
turn to Sylvester Smith, Jr. versus Kevin P. Marshall. Excerpts from the
opinion of the court, delivered by Judge J. McFarland, tell all: "On May
30, 1975, the plaintiff was a passenger in a car driven by the
defendant. The defendant drove his vehicle to the left curb of a one-way
street in Topeka, Kansas. Plaintiff exited the vehicle from the
passenger side and walked in front of the vehicle. Defendant attempted
to put the vehicle in reverse, but instead put it in neutral or drive.
The defendant's vehicle moved forward. The plaintiff's lower right leg
was caught between defendant's vehicle and a parked automobile. These
facts are not in dispute. The residual effect of plaintiff's injury was
a discoloration of a small area of skin on his leg." The discoloration was the size of a quarter, and the
plaintiff's skin was black. A chiropractor, called by the plaintiff to
testify, made a gallant attempt: "That is a scar right here. If you hold
it just right, you can pull it and see a scar." In effect, Phelps had tied up first the District Court, then the
Court of Appeals, and here, the Supreme Court of Kansas over a bruised
shin-a quarter-sized scar the pastor insisted constituted a $100,000
disfigurement. To garner the real flavor of civil litigation behind the
looking-glass, the lay reader is invited to listen in on the court's
discussion of the point at issue: "The record should show that the Court
did observe the right leg of Mr. Smith. The parties should also note the
Court's observations, the Court did run his finger on the leg in the
area that Dr. Counselman described. And the Court's observation, from
just a visual and from a touch indication, was that there was no
scarring as we understand broken skin with a lesion over the scarring.
In other words, it was a smooth feeling. "That area that the Court did observe was ascertainable,
discernible, it being more of a, at least to the visual view of the
Court, it was more of a discoloration of Mr. Smith's leg. "The record
should show Mr. Smith is black. The area in question was darker. It was
more of a dark brown area. It was about an inch and a quarter in length
and in the middle point running North and South on the leg toward the
center, as Dr. Counselman indicated, and toward the center of the area.
It extended to, perhaps, about a half an inch. But I would say it would
be East and West across the leg and about an inch and a quarter long.
Now that is what the visual observation indicates..." That Phelps could
get a bruised shin all the way to the Supreme Court certainly testifies
to his persistence. It also reveals the predatory, surreal and parasitic
nature of civil litigation in our society. However, before the reader loses all faith in a fast-fading
institution, we hasten to point out that reason did prevail. The Supreme
Court reversed the Court of Appeals and affirmed the decision of the
trial court which had found in favor of the defendant: "Assuming it to
be permanent, I cannot believe it is the type of 'disfigurement'
intended by the Legislature to support this plaintiff's claim for
$100,000 in damages. It seems to me this is a prime example of those
'exaggerated claims for pain and suffering in instances of relatively
minor injury' the Court recognized in Manzanares, and just the type of
'minor nuisance' claim the Legislature intended to eliminate." The
appellation of 'minor nuisance' may, in the end, sum up the life, law,
and ministry of Fred Waldron Phelps. Perhaps the most ridiculous example of the pastor's apparent
obsessive need to chisel for chump-change is the $50,000,000 lawsuit
filed against Sears and Co. When Mark and Fred, Jr. placed a color
television on Christmas layaway in September of 1973, they didn't
realize it had been set aside on paper, not actually taken off the shelf
and held in the stockroom. When they paid the balance in November, they
were told their TV would be ready at Christmas-as they had originally
contracted. Three days later, the pastor filed suit in his sons' names
and those of 1,000,000 other Sears' layaway customers. "We didn't have
anything to do with it," says Mark. It was strictly his idea. In fact,
when I left home that year right after Christmas, it put him in a bind.
He had a case that was missing a plaintiff." Court documents show Sears called the Phelpses and told them the
television would be available later in November. The two Freds chose not
to accept it. Instead, they pressed their suit. Nearly six years of
litigation followed. Motions and counter motions were filed. Lawyers
argued aspects of the case in front of judges. A judge threw out the
class action section of the suit. Finally, after countless hours of legal work and an original
request for $50,000,000, the case was settled in favor of the Phelpses
for $126.34. The boys had originally paid $184.59 for the set, but they
never received it. These are not the files that will one day inspire a
new Earl Stanley Gardner. By 1983, according to the Wichita Eagle-
Beacon, there had been "more complaints filed against Phelps, and more
formal hearings into his conduct, than any other Kansas attorney since
records have been kept." If in fact he did lead the judges' conspiracy
to block Fred Phelps from the bar, few would fault old Beryl Johnson
today. In 1976, the reverend-esquired was investigated by the Kansas
Attorney General's office. In 73 percent of the pastor's lawsuits, the
inquiry discovered the defendants had settled or agreed to settle out of
court. In the 57 cases already settled, Phelps had demanded a total of
$75,200.00-but then taken an average of only $1,500 per case to walk
away. Litigation would have cost his adversaries far more. It was naked
extortion, nothing more. Phil Harley, the Assistant Attorney General who
led the investigation, now an attorney in San Francisco, confirmed to
the Capital-Journal a statement he made to the press 10 years ago:
"Based on my experience with him, I reached the personal conclusion that
Mr. Phelps used the legal system to coerce settlements and abuse other
people." In an opinion filed in a 1979 civil rights case, Federal Judge
Richard Rogers-no stranger to the pastor's ways, a significant portion
of his docket was taken up by Fred's lawsuits- supported Harley's
conclusions: "I feel Mr. Phelps files 'strike suits' of little merit in
the expectation of securing settlements by defendants anxious to avoid
the inconvenience and expense of litigation." In fact, when those sued
by Phelps did not blink, but forced him into court, the angry pastor
lost 75 percent of the time-an astonishing record that explodes the myth
of the invincible Fred Phelps, a myth which intimidates his community
even today. On November 8, 1977, the state filed a complaint seeking to have
Phelps disbarred in its courts. The complaint centered on the pastor's
behavior in a lawsuit filed against Carolene Brady, a court reporter in
Shawnee County District Court. Phelps sought $2,000 in actual damages
and $20,000 punitive damages, alleging Brady had failed to have a court
transcript ready when he'd asked for it. According to court documents, prior to filing the lawsuit,
Phelps allegedly told Brady "he had wanted to sue her for a long time".
During the trial, the pastor called Brady to the stand, had her declared
a hostile witness, and cross-examined her for several days. Phelps not
only attacked Brady's competence and honesty, he also attempted to
introduce testimony about her sex life. The Kansas Supreme Court would later observe: "The trial became
an exhibition of a personal vendetta by Phelps against Carolene Brady.
His examination was replete with repetition, badgering, innuendo,
belligerence, irrelevant and immaterial matter, evidencing only a desire
to hurt and destroy the defendant." The Supreme Court went on to
comment, after the jury had found for Brady and Phelps sought a new
trial: "The jury verdict didn't stop the onslaught of Phelps. He was not
satisfied with the hurt, pain, and damage he had visited on Carolene
Brady." In asking for a new trial, Phelps prepared affidavits swearing
to the court he had new witnesses whose testimony would weigh in
dramatically on his side. Brady obtained affidavits from eight of those
witnesses, showing they would not testify as the pastor had claimed,
that, in fact, Phelps had lied to the court. The formal complaint against Phelps would not be for harassing
Brady, but that he had "clearly misrepresented the truth to the court".
Phil Harley, the same Assistant Attorney General who had investigated
Phelps in 1976, represented the state in the 1979 disbarment
proceedings. Harley wrote: "When the attorneys engage in conduct such as Phelps has done,
they do serious injury to the workings of our judicial system. Even the
lay person could see how serious Phelps' infractions are. To allow this
type of conduct to go essentially unpunished is being disrespectful to
our entire judicial system. It confirms the layman's suspicion that
attorneys are 'above the law' and can do anything they please with
impunity." Harley continued: "Phelps has now been given two chances to
show that he is capable of conducting himself in a manner that is
expected of an attorney. On both occasions, he has flagrantly violated
the oath he swore to uphold. He should not be given a third opportunity
to harm the public or the judicial system. Fred W. Phelps should be
disbarred." The Kansas Supreme Court agreed, adding: "The seriousness of
the present case, coupled with his previous record, leads this court to
the conclusion that respondent has little regard for the ethics of his
profession." The date was July 20, 1979. Even so, the vindictive pastor
would have his revenge cold, however small the portion: When Mark
Bennett, the attorney chairing the state grievance committee originally
recommending Phelps be disbarred died, the aggrieved Fred came to the
wake and signed the guestbook. Beside his name, Phelps wrote the numbers
of a chapter and verse from the Bible. When the shattered widow looked it up, it said 'vengeance is
mine'. Based on his state court disbarment, Phelps was banned from
practicing law in federal courts from October, 1980 until October, 1982.
Amazingly, the pastor was back in trouble almost immediately following
his return. Demand letters sent in 1983 to people Phelps planned to sue
brought him right back up for disciplinary charges in federal court.
Initiated by Wichita lawyer Robert Howard, the complaint charged that
Phelps sent letters to businesses and individuals he intended to sue,
informing them of litigation unless they paid money to the pastor's
client. Called before a panel of three federal judges barely two years
after he had returned to the law, nonetheless Fred and his family of
flyspeckers had been busy: Phelps Chartered had almost 200 lawsuits
pending in the U.S. courts. In one, the pastor was suing Ronald Reagan
for appointing an ambassador to the Vatican. In others, he was demanding
an injunction against moments of silence in schools; suing a local
teacher who had criticized the doctrine of predestination' and asking
$5,000,000 in damages for libel from the Wichita Eagle-Beacon for the
story it ran in 1983. All of these suits would come to nothing. The
sheer number of cases generated out of Phelps Chartered, and the
family's genius for antagonization set the stage for the next conflict:
Fred on the deserted platform, waiting to stare down the federal
judges arriving on the noon train. Too late, Phelps would learn that, in
a staring contest with a federal judge, one should be a fish if they
expect him to blink first. The hard lesson would soon take the 'esquire'
out of the irascible pastor. Of the five active federal judges in
Kansas, two of them, Earl O'Connor of Kansas City and Patrick Kelly of
Wichita, had already voluntarily removed themselves from hearing any
cases involving Phelps Chartered. Lawyers from the family had filed
motions accusing them of racial prejudice, religious prejudice, and
conspiring to violate the civil rights of the seven Phelps attorneys. At
first, the judges were only too happy to comply: they were as eager to
be rid of the Phelps brand of tawdry courtroom hysteria as the pastor
and company wanted to be done with them. Kelly, in fact, even told the
pastor "good riddance" to his face during a special hearing the judge
had called to upbraid Phelps-a hearing for which Kelly would later be
reprimanded. Believing he had intimidated them, Fred made his fatal,
final mistake as the bad boy of the Kansas courts: he went for a third
judge. The pastor publicly accused Richard Rogers of the U.S. District
Court in Topeka of racial prejudice, dislike of civil rights cases,
engaging in a racially motivated vendetta against the seven Phelpses,
and conspiring against them with Judge O'Connor. Rogers counter- charged
the Phelpses had launched a campaign to disqualify him from hearing
Phelps litigation in an attempt to go 'judge shopping'. Even if Rogers
had wanted to remove himself, his hands were tied. Almost 90 of those
200 lawsuits generated by Phelps Chartered had been assigned to Rogers;
court-approximately one-fifth of his entire caseload. If Rogers bowed
out, it would leave only two federal judges, Dale Saffels of Kansas City
and Sam Crow of Wichita, to handle the swarm of 200 Phelps suits, as
well as their dockets from the rest of the state. "I'll grant you it
creates a logistics problem," admitted Margie Phelps at the time, "but I
didn't create the problem. If it takes going to the other end of the
United States...to get another judge and bring him in to hear our cases,
that's what the law requires." When Rogers refused to acquiesce to the
pastor's demands, Phelps began a campaign of innuendo and wild
accusations that Topekans today will recognize as pure Fred. An article
in the Capital-Journal, January 16 of 1986, describes this early
forerunner of the Phelps' fax campaign: "The judge has disputed affidavits filed by Phelps clients who
say he has made derogatory comments about the Phelpses at the Topeka
County Club, the YMCA, in an elevator at the First National Bank, and at
a judicial conference last September in Tulsa. "For example, the
Phelpses accuse Rogers of telling Chris Davis, a Topeka man who attended
the Tulsa conference, "You had better not plan on practicing law with
the Phelps firm in my court, because I intend putting them out of
business before much longer'. "They also quote an affidavit given by
Brent Roper, a Topeka man who said Rogers became angry at the conference
banquet when a band leader drew attention to the Phelps attorneys.
Rogers is said to 'stalked from the ballroom', saying, 'Those - -
Phelpses, they're everywhere showing off,' and 'It will be harder now,
but I will destroy them.'" The irony here is that both 'Topeka' men
quoted as apparent uninvolved bystanders were, in fact, Fred Phelps'
sons-in-laws, or soon to be. Chris Davis was one of two families, the
Hockenbargers and the Davises, that remained in the Westboro Church. He
married the seventh Phelps child, Rebekah, in 1991. The other "Topeka
man", Brent Roper, joined the Westboro community as a homeless teenager,
was put through law school by the pastor, and married Shirley Phelps.
The image of a federal judge stalking from a ballroom uttering darkly,
"it will be harder now, but I will destroy them," it seems, on its face,
a rather amateurish dip in slander. These are lines from the movies,
from a Lex Luthor, and not a Richard Rogers. It is noteworthy here to mention that Roper is also the author
of a privately published book that argues AIDS was first introduced to
the United States by Truman Capote, following a book promotion in South
Africa. According to Roper, both JFK and Marilyn Monroe contracted the
disease simultaneously from Capote during a touch football game in the
White House Rose Garden. The CIA was forced to kill the fab couple, he
says, to keep them from spreading the deadly virus to the rest of the
nation. Copies may be difficult to find. After Rogers remained stubborn
despite the slanderous attacks, he claimed the Phelpses threatened to
sue him on behalf of a client Rogers didn't know. It was not an empty
threat. In August, 1985, the pastor Phelps and his daughter, Margie, had
brought a suit against Judge O'Connor on behalf of a former federal
probation officer. Though the man had been removed from his position by
a vote of the full court of federal judges, the suit named O'Connor. At
the time, O'Connor was under pressure from the Phelpses to disqualify
himself (and did) from a 30-judge panel that would rule on the pastor's
1983 demand letters. The family Phelps had started a shooting war in the
wrong neighborhood. On December 16, 1985, a complaint signed by every federal judge
in Kansas was lodged against the Phelps lawyers. It called for the
disbarment of the seven family attorneys-Fred, Fred, Jr., Jonathon,
Margie, Shirley, Elizabeth, and Fred's daughter-in-law, Betty, and the
revocation of their corporate charter. The 9 angry judges accused the
Phelpses of asserting "claims and positions lacking any grounding in
fact", making "false and intemperate accusations" against the judges,
and undertaking a "vicious pattern of intimidation" against the court.
"Time and time again," says Mark Phelps, "I can remember something would
happen in the way of actions or lawsuits being filed against him or one
of his clients. He would fume and cuss and strain and spew and carry on.
Then, he would come up with his plan of attack. "He'd get real excited after his deep depression, and he'd carry
on around the law office crowing about the cunning, brilliant strategy
he had come up with. He'd put it into action, and he'd just thrill over
it. "He'd say: 'Do we know how to deal with these types? You bet we do.
We goin' to sue the pants off of them. We goin' to slap them with the
fattest lawsuit they ever did see. We goin' to frizzle they fricuss and
burn all the lent right out of they navel. When they get this, they
goin' think twice about messin' with ol' Fred Phelps.' "He'd have a ball
thinking about how he was going to get even-and even better than
even-and then he'd go into action. "Next thing you knew, they'd respond
with some action. And I guess he always thought they'd be like his won
family-willing to take anything he dished out. I guess he just naturally
expects people to roll over and play dead. So, when they'd come back
with a logical, predictable response to his behavior, he'd go crazy:
"'These heathen! These Sons of Belial! These enemies of God and His
Church! God's gonna get them! He won't let them (get) by with this!' "My
father would complain and yell at God, and throw a fit at Mom, and carry
on at the kids." In September of 1987, the federal judicial panel investigating
the demand letters sent by Phelps found evidence to sustain two of the
four charges against him. The pastor had been accused of demanding money
and other relief for claims he knew to be false. The panel of judges
issued a public censure of him. In layman's terms, Pastor Phelps had attempted to strong-arm
money from the innocent and been caught. And, come high noon, there
would be one less Phelps at the bar. When the nine judges first entered
their complaint in 1985, Margie, the spokeswoman and courtroom
representative for the family in the matter, said: "The bottom line is
we will fight every charge, every way." But, upon hearing the extent of the evidence collected against
them, the Phelpses asked the judges and investigator to find a way to
end the case without resorting to litigation. They agreed to the
punishment specified in the consent order. Margie signed the order,
acknowledging her family accepted it voluntarily and waived any right to
appeal. The resulting compromise singled out those who, according to the
investigator, were the three worst offenders: Fred, Jr. was suspended
six months from practicing in federal courts. Margie received a one-year
suspension, in part because she had maliciously misrepresented a
conversation she'd had with Judge O'Connor. Having been suspended from
the state courts for cheating his clients, and then barred from them for
lying to a trial judge, having been censured in federal courts for
pursuing claims he knew to be false, the angry pastor was now barred
from them forever because he had lied about the judges in an attempt to
impugn the integrity of the court. The leopard may be older, but it
still has its spots. The federal disbarment deprived Fred Phelps of his last arena of
legal abuse. Unless he could find a new outlet for his hate, the
defrocked esquire from Mississippi was now just an angry eccentric, no
lawyer, not even a pastor-except in the fear-conditioned eyes of his
family. Nonetheless, Fred Phelps has always held that all the bad things
happened in his law career because he was a tireless Christian soldier,
battling for black civil rights. A careful examination of his more
salient cases, however, reveals once again how, with such odd
regularity, some men of the cloth seem to confuse community service with
lip and self-service. The hallmark of a devoted civil rights reformer
who is also a lawyer ought to be a record of court decisions that, taken
together, create legal precedents influencing future cases and,
therefore, future society. Sadly, close inspection of Phelps' civil
rights record shows he followed the same greedy star he did in the rest
of his cases. Lawsuits were filed, but rarely went to trial-and even
more rarely reached a decision. Instead, Phelps practiced what he always
had: 'take-the-money-and run'. A settlement out-of-court has zero impact
on legal precedent. Both sides continue to maintain they were right,
only one party pays the other a little money to shut up and go away. In
what are probably Fred Phelps' three most famous civil rights cases, he
did exactly that each time. In the multi-million dollar Kansas Power and
Light case, Phelps filed a class-action on behalf of 2,000 blacks who
had accused the utility of discrimination in their hiring and promotion
practices. Fred settled out of court for the following: *Two black
employees received $12,000 each. *$100,000 was paid out to the other
plaintiffs. If one counts the original 2,000, that made for 50 bucks
each. *Phelps scooped $85,000 in attorney's fees and expenses. *KP&L
admitted no wrongdoing and suffered no coercion to alter its allegedly
racist policies. KP&L officials claimed they'd settled to avoid an
expensive legal battle. "It's unprecedented what we just did," the
pastor crowed. Certainly it left no precedent. In the American Legion suit,
which stemmed from a police raid on a Topeka post with a largely black
membership, again Phelps settled for small cash outside of court. Perhaps his most publicized case was the Evelyn Johnson suit,
touted as son of Brown vs. Board of Education, the landmark school
desegregation case filed against another Topeka USD 501 school in 1955.
Brown vs. Board of Education, along with the Selma bus case, became the
basis for the civil rights movement in the sixties. In 1973, Evelyn
Johnson's aunt and legal guardian, Marlene Miller, sue the Unified
School District, number 501, a state entity which contained the Topeka
area public schools. Miller, represented by Fred Phelps, claimed the
district had failed to comply with the ruling in Brown vs. Board of
Education. It had not provided the same educational opportunities and
environments to the black neighborhoods as it had to the white areas of
the city. Phelps boosted Miller's complaint into a 200 million dollar
class action suit. When that was tossed out, he pressed on with the
individual action on behalf of Mrs. Johnson. In 1979, the pastor agreed
to settle out of court with the district's insurance company. Phelps
accepted the company's condition the settlement be sealed from public
scrutiny to discourage others who might have been inclined to sue for
the same reasons. Hardly the act of a hard-knuckled civil rights
reformer. When the contents of the settlement were revealed later, it
turned out the pastor had collected $19,500 from the insurance company-
$10,600 himself, and $8,900 in a trust for Johnson. If the attorneys for
Brown had settled for cash outside the courtroom instead of a decision,
there would have been no legal grounds for the federal government to
pressure a segregated America to conform to the new social standards,
and quite possibly no civil rights movement. In light of that, it is
difficult to understand how $8,900 in trust to a 15 year- old,
uneducated girl was going to remedy either her or her school-mates'
problem. After the settlement, Evelyn Johnson attended Topeka High
School, rated one of the best in the nation. She performed poorly and
dropped out without graduating. Certainly her life and prospects, and
those of her peers, remained generally unchanged by the out of court
pay-off. Since no ruling was made and no precedent established to
reinforce Brown vs. Board of Education, nothing came from six years of
Phelps' litigation except $10,600 for himself and a reputation, however
undeserved, as a civil rights hero. In other instances, the issue of civil rights was so flimsily
connected, and the case so absurd, that any serious interest in social
change on Phelps' part has to be questioned: In 1979, the pastor sued
Stauffer Communications, owner of WIBW-TV, for over $1,000,000 on behalf
of a 23 year-old black man, Jetson Booth, who had appeared in footage
aired by the station. Booth was shown surrounded by police during camera
coverage of a shoot-out involving the officers and two unidentified men.
"If plaintiff had been a white man, defendants (WIBW-TV) would not have
treated him in this fashion," Phelps asserted in the suit. The case was
dismissed for lack of cause shown. In 1985, Phelps Chartered was order
to pay attorney's fees amounting to $7,800 for police officer Dean
Forster after the firm had sued him for civil rights violations of a
client. It turned out Forster had no connection to the incident in
question, and, furthermore, the Phelps lawyers had known that from the
beginning of their litigation. In an astonishing number of his cases, it
would seem the pastor thought 'civil rights' was an open sesame to the
good life-for himself. In 1979, Phelps was sued by a Wichita law firm
that claimed he had "tortuously interfered in the lawyer-client
relationship". Three black women and two of their children had been
grievously injured in an auto accident. One of the women was in a coma
for years. Allegedly, Pastor Phelps learned about the case through local
black ministers. He also somehow discovered that the liable insurance
company's coverage was not the $100,000 they were claiming-but 1.1
million, of which the lucky attorney representing the victims would
scoop up 35 percent . The aggrieved law firm protested Phelps had wooed
the clients with his erstwhile reputation as a civil rights advocate.
Because of his interference, they asserted, the goose of the golden eggs
had fired its midwife attorneys and taken their 35 percent to Phelps
Chartered. Phelps responded the other law firm was "all white", and
that, in part, they'd lost their clients because of their "racially
biased and overbearing treatment of said black people." In the final
settlement, however, the judge awarded $644,000 to the victim and
$366,000 to the lawyers-of which only $122,000 went to Fred. Disappointing work for one who'd chased his ambulance with such
laudable ethnic sensitivity. Probably the most bizarre and ludicrous
example of Fred Phelps exploiting the title of 'civil rights crusader'
was in 1983, when three of his children failed to make the cut for
Washburn School of Law. The pastor filed suit in federal court on behalf of Tim, Kathy,
and Rebekah, claiming his children should be granted minority status
because of his civil rights work. Furthermore, Phelps argued, Washburn
Law's record on affirmative action was inadequate. They needed to accept
more blacks into their freshman class each year. "It is important to note this case is brought by white
applicants who are asking to be treated as blacks," observed Carl Monk,
dean of the law school. "They would not be asking to be treated as
blacks unless they felt such treatment would help them." That case was
still in court the following year when Washburn allowed Timothy in but
again denied admission to Kathy and Rebekah. The reverend filed suit once more, but this time with a twist.
In the second suit, he offered his children were the victims of reverse
discrimination because they were white. He complained the law school had
admitted blacks in 1984 who were far less qualified than his own
offspring. So much for the family commitment to affirmative action. U.S.
District Judge, Frank Theis, was not amused. Ruling on the 1983 case, he
stated first that, "the plaintiffs simply were not qualified for
admission to law school," and second, that the new 1984 case weakened
the case before him from 1983. The judge told Phelps he could not argue
the school discriminated against blacks, and then sue again, saying it
preferred blacks over whites, and be taken seriously. Katherine and
Rebekah eventually got their law degrees down at Oklahoma City
University. Phelps Chartered got spanked with a $55,000 assessment by
the court to pay Washburn's attorneys' fees. It was negotiated down, and
Pastor Fred signed the check over at $12,000 in restitution for bringing
a 'frivolous suit of no merit' against the college. In Phelps' eyes, it
had been another blow against empire for the bold pastor. There is an
interesting sidebar to this story. When the Phelps children were first
turned down by Washburn in 1983, they appealed to the law school's
internal grievance committee. It found no race-based discrimination in
the rejection of the three Phelps. However, one of the panel members,
Karl Hockenbarger, a Washburn University employee, filed a dissent,
stating it was clear to him the three had been "denied admission to the
law school because of their identification with Fred Phelps Sr., and the
cause of civil rights for blacks." Hockenbarger went on to add: "Blacks
in Kansas generally depend on the Phelps family and firm as their last
and best hope for attaining equal justice." He is, of course, the same
Karl Hockenbarger who daily pickets with the Phelpses, and one of the
few non-family members who still attends the pastor's church at
Westboro. Mr. Hockenbarger's shared concern with his pastor for the
plight of Kansas blacks may not be as deep as it appears: Police
surveillance of the Westboro community has allegedly tied Hockenbarger
to white supremacist groups like the Posse Comitatus and the Ku Klux
Klan. "Civil rights lawsuits presented a vast opportunity to make money
back then," says Nate Phelps. "My father used to say he had a huge
target and all he had to do was shoot. I don't blame him for choosing a
lucrative area of the law, it's just that he was not motivated by some
noble, altruistic desire "to champion the case of the downtrodden."
Asked if he filed "nuisance lawsuits" once, Pastor Phelps replied: "They
think it's a nuisance if you call a black man a nigger. That's just
trivial to them, bit it's not trivial to him, and it's not trivial to
his children." During their teenage years, both Mark and Nate worked as law
clerks in their father's office. "When a black client was in there,"
recalls Nate, "my father would play the 'DN' game with us. It stands for
'dumb nigger'. We would all try to use the acronym as often as possible
in the presence of the person involved." In the 1983 interview with the
Wichita Eagle-Beacon, Phelps intoned, echoing Abraham Lincoln: "The air
of the United States is too pure for racial prejudice to keep going, and
the nation can't long endure half-slave and half-free. There is not any
doubt that the problems of this country derive, in my humble opinion,
from the way this country continues to treat black people." But
according to his sons in California, part of the theology of the Old
Calvinism Fred taught held that blacks were a subservient race because
they were the sons of Ham, the son of Noah. Cursed for ridiculing Noah's
nakedness, Ham's children were born black, according to the Bible. Some
scholars attribute apartheid in South Africa to the fact that the white
minority is predominantly Calvinist and takes the Ham story to heart.
Mark definitely recalls that his father taught the Ham story and
took it to its Calvinist conclusions: the black race was cursed and
meant to be the "servants of servants" - i.e., subservient to whites.
Nate agrees. "He taught that in Sunday sermon many times while we were
growing up." Both boys recall their father used to tell black jokes.
"And he'd imitate them after they'd left our office," remembers
Mark. However, the piece-de-resistance in the ongoing saga of Phelps
hypocrisy is the pastor's relationship with the Reverend Pete Peters of
La Porte, Colorado. Peters is the guru-philosopher of the Christian Identity
Movement. Known simply as "Identity", the movement believes the white
race is God's true Chosen People. They assert the Jews are animal souls
that rewrote the Old Testament to give themselves the Chosen's
birthright. Blacks are "mud people" who also possess animal
souls-meaning they are not immortal and cannot go to heaven. According
to Identity, blacks and Jews want to eliminate the white race and rule
the earth. Randy Weaver, the man arrested in the Idaho mountaintop
shout-out with F.B.I., was a member of the Posse Comitatus and a
follower of Identity. Peters broadcasts his shortwave radio program,
"Scriptures for America", around the world, calling for death to
homosexuals and warning against the international Jewish conspiracy.
Fred Phelps has done broadcasts on "Scriptures for America", and tapes
of his anti-gay message and offered for sale in Peters' mail order
catalogues. When asked about it, Pastor Phelps only smiles enigmatically
and offers that Pete Peters owns the rights to those broadcasts and can
sell them if he wants. But Peters, reached by phone at his church in La
Porte, says: "If he (Fred Phelps) didn't want them out, even if I had a
right, I wouldn't put them out. I have the greatest respect for him."
The militant white supremacist then adds ominously, "He's got the
support of god-fearing people across this country that are not afraid to
back a man who tells it like it is. "And he's got my support if he needs
help-whenever he needs help." Not empty words. Though Peters himself was cleared, it is still widely believed
by Klanwatch and other groups monitoring extremist activity that the
right- wing hit team that killed Alan Berg, the Denver talk radio host,
came from or were associated with Peters' congregation. Reverend Fred
Phelps, friend of the struggling black? Listed next to one of Fred's tapes in Pete Peters' catalogue is
one by Jack Mohr, a man who describes himself as the "Brigadier General
of the Christian Patriot Defense League", but whom the F.B.I. has
identified as a weapons instructor for the Ku Klux Klan. Why in the
world would a person with these associations proclaim himself a civil
rights' crusader? In the words of 'Deep Throat', "follow the money." And in those
of Richard Seaton, the Assistant Attorney General who led the first
attempt to disbar Phelps back in 1969, the pastor had "an uncontrollable
appetite for money-especially the money of his clients." CHAPTER SEVEN
"Nightmare of Twelfth Street" "Since no one else would join, my father sired us for
congregations," observes Mark. "We were the only members because we had
no choice. When we got old enough to make our own decisions, choose our
life's work, and our life's mates, did you think he'd permit that? "Without his children, my father had no church and he has no
income." Fred Phelps' bizarre behavior toward his children as struggled
to become adults is as disturbing as it is revealing. Growing up in the pastor's family meant going from door-to-door
sales, domestics, and wage earners to lawyers and tithe payers. To
Phelps, adulthood for his children meant soldiers for his wars. To
accomplish this, he would attempt to arrest and redirect each child's
path to fulfillment. They were not to leave his nest, nor learn to fly:
"The Bible may say you're gonna be the head of your house. But I'm
tellin' you right now, goddammit, that ain't gonna happen! I'm gonna be
the head of your house! And you better start gettin' that through your
head right now!" Mark pauses at the memory. "You know, he couldn't say,
I desperately need you; please don't leave me." His heart was too closed
off by some devastating unknown injury, and his mind was so
sophisticated, so intelligent, he could weave a steel cape around us we
couldn't get out of.
It was emotional. And it was the use of religion." But how could
Fred Phelps maintain control of the lives and dreams of his children?
Against his desire for a family that would be an extension of himself
were arrayed some formidable forces: the adolescent's yearning for
independence was one; the pull of hormones and the heart of another. In
addition, the harshness of the children's upbringing left them with
little genuine respect or love for their father. Then what wrought such
conformity? Two obstacles, both too high for 9 of the 13 to surmount.
They are the twin secrets of Pastor Phelps' sway over his troubled
flock. First, and most important, while they may not be overly
enthusiastic about his job as a father, the Phelps' children still
accept, respect, and obey him as the head of their church. Since, in
their belief, the Elect may reach heaven only through the portal of The
Place, he who runs The Place holds the keys to the gates of Paradise.
The children weren't afraid to disobey or argue with their father when,
in later adolescence, they didn't seize the hand beating them or leave
the place holding them. Rather, they were terrified to oppose the will
of heaven's gatekeeper and imperil their souls. Literally, to was the
fires of hell and not the mattock whose heat they felt in all their
choices. "My father established early on the expectations of each child
in the family for their entire life," says Nate, "and the consequences
if those expectations weren't met. According to him, each of us would
finish college, get your law degree, work for him, and marry whom he
chose, when he chose. By no means were we allowed to leave that
situation, or it would be seen as 'abandoning the church'. If we did
that, we'd be excommunicated." Besides being groomed as lawyers, Mark
says he and his siblings were constantly told they were different. "We
were taught we were abnormal from the time we were able to learn," he
says. "That the rest of the world out there was evil. That we The Place.
And inside The Place, people were good and going to heaven. "Outside The
Place they were all damned and going to hell. And, if that other world
ever got us down, we were taught to find strength by imagining the
terrible horrors that would happen soon to everyone outside The Place."
'The Place' was how his father referred to the church, add Nate.
"If you left, you were forsaking the assembly and you were delivered to
Satan for the destruction of the flesh. He had his repertoire down. "Of
course, he justified it by manipulating various passages in the Bible.
"One passage refers to a child 'leaving his father and mother and
cleaving to his wife'. He interpreted this to mean a child was not to
leave his parents until he was married. But, since he decided who and
when we were to marry, he controlled this. "Another passage mentions
'not forsaking the assembling of yourselves together'. Since he had long
ago established in our minds that his church was where the Elect came to
assemble, that it was 'The Place', he could lead us easily to the belief
that to leave home was to 'leave' the company of the Elect, to join the
innumerable multitude of the damned." And the second of the twin
secrets? "To cast the world beyond The Place as evil and fatal to the
soul. Then manipulate the local community so they would react with
hostility and aggression whenever a kid would venture out. It's why my
father insisted we go to public school, you know. Thanks to him, we were
hated before we even got there on Day One. And people were so mean to
us, that, when we came home, Fred could say, 'See, I told you so.
They're evil and reprobate. They're not like us.'" The family does not
believe in Christmas, states the Pastor Phelps, because there is no
mention of it in the Bible; nowhere does it say Jesus Christ was born on
December 25. (The date for many Christian holidays, in fact, derive from
pre-Christian Europe: Christmas from the winter solstice on December 21;
Easter from the vernal equinox on March 21; All Souls for Halloween from
the Feast of the Samhain or the Day of the Dead, on October 31.) While
accurate, if somewhat unnecessary theology (since Christmas in America
is really a shopping, not a religious, holiday), as sociology, Fred's
'bah-humbug' to the season of comfort and joy did significantly add to
the burden of 'otherness' that caused the world outside to repel his
children and grandchildren back to The Place. "From kindergarten, we were not allowed to stay in the
classroom if there were Christmas activities going on,: says Nate. "We
always had to go to another room, usually the library. My father
threatened to sue the schools if they did not remove us during those
times." The man pauses, remembering the sorrows of the boy: "Our
humiliation was constant." Even so, from suing the schools to shooting his neighbor's dog,
Fred Phelps' personal and litigious behavior would have ensured his
children a cool reception in their community-without an encore as the
pastor who stole Christmas. "We weren't allowed to participate in any
activities at school," adds Nate. "Not through most of our childhoods."
"No sports, not even track," says Mark. "Until my senior year.
"And no outside friends. No one was allowed to visit, and we weren't
allowed to go anywhere. To birthday parties or anything. Then, shave our
heads. My father wanted the world to reject us. It would drive us right
back to him. To the Place. The world-within-a-world. The one that was
Fredcentric." Spouses were not welcome in such a world-except as a last
resort to hold the child. There were to be no girls for the boys. And no
boys for the girls. "If my dad had his way," confesses Shirley, "none of
us would have gotten married. He'd just as soon keep everyone away,
thanks." "Kathy's was my father's favorite," remembers Margie. "She had
blue eyes and dark hair. She was very pretty and he would spoil her. He
used to bounce her on his knee and sing 'The Yellow Rose of Texas' to
her. But after she was about 15 or 16, they had nothing to say to each
other. She'd be home, but she kept her distance from him. "And she was a
bitch throughout her teen years. She was very mean to the rest of the
kids. Kathy became very self-destructive back then, and she's stayed
that way since." Concludes Margie: "I never understood why." Perhaps her
brothers on the West Coast have a clue: "Then came a time when suddenly
Kathy got in my dad's doghouse," relates Mark. "A boy had called once or
something. From that time on, he commenced to beating her, and he stayed
on her and stayed on her rear end that wouldn't l; because of how often
and how severely she got beat. "He'd beat her routinely in the church,
against the foundation pole. He'd beat her with mattock and then twist
her arm behind her back. She'd be screaming- bloodcurdling screams-and
all because someone had called her up on the telephone. "Later, it got so if the phone rang and they hung up, he'd
assume it was a boy looking for Kathy, and that she was 'doing' him, and
then she'd get beaten for that. "And, on top of that, she and Nate were
getting beaten several times a week for their weight. "Later, when Mark
and Fred were in college," says Nate, "Mom would take everyone out to
sell candy, but she'd leave Kathy home alone with Fred. She'd get beaten
during those times, just like I had." Kathy tried to escape the
nightmare called 'home' at the Westboro Baptist Church at least three
times between the age of 17 and 18. Each time, the pastor found out
where she was living and led a Phelps' quick-reaction team to literally
snatch her away from her life and bring her back. In one incident, Kathy
was living in a quiet Topeka neighborhood and dating a boy Mark knew
from high school. "It was the summertime, about 6:30 in the evening,"
Nate recalls. "Her boyfriend pulled in to pick her up on a date. We'd
been waiting for her to come out of the house, and when she did, we just
swooped in. We had two cars. Mark was driving one and my dad the other.
It was real 'Starsky and Hutch'. We blocked off the departing vehicle,
and pulled her out of the car while her date just sat there stunned."
"At home my father beat her terribly," says Mark. "It was then she was
locked in her room for 40 days on nothing but water." Mark remembers one
of the 'parental intercessions' was actually a kidnapping: Kathy was 18
when it occurred. Though she eventually finished college and graduated
law school, according to some of her siblings, Kathy has yet to find
resolution to her anger and self- destruction. In recent years, she has
allowed her active status at the bar to lapse, waitressed at Topeka's
Ramada Inn, been laid off, gone of public assistance, and been convicted
on passing bad checks. "My sister, Kathy...," reflects Mark, "...everything my father's
done to her...she's just been so deeply hurt as a human being, I don't
think she can cope out there..." Nate has one memory that sticks in his
mind. Once, while she was going to college and living in the compound,
Kathy went jogging late one night, as was her habit. But, this time, the
sight of a woman running through a darkened residential neighborhood
after 1 a.m. caught the attention of a patrol car. When the officer
tried to question her from the rolling vehicle, Kathy turned and ran the
other way. When he overtook her on foot, humped ahead of her and tried
to block her passage, she kept on him like a wild animal. Other officers
were called and Kathy fought them with the same grim ferocity. She was
finally subdued and arrested. When the case went to court, Nate was
there: "The judge asked why she fought when the officer tried to stop
her. She turned to him-and I was shocked by how hate was in her face-and
she almost spit out the words: 'I can't stand for a man to touch me!'"
Continues Nate: "That face full of hate I'll never forget. My sister was
very, very angry about something." In high school, says Mark, "I couldn't grasp the concept of
career day." The only one he and his brothers and sisters were told they
could consider was the law. Says the pastor with a groan: "Hell, I think
everybody today should have a law degree. You need one to defend
yourself. Yeh, got to have one now or you can't take care of yourself or
family." Adds Mark: "His attitude was always that school was bullshit,
but you had to get As and get out so you could have the law degree. With
that you could support and defend the church. "To say 'no' would have
been the same as drafting-dodging during WWII: it was every kid's duty
to enlist in the bar and protect our homeland against the evil that
threatened from without." But Fred Jr. wanted to be a history teacher. "Ever since he'd
been a kid, he wanted to do that," Mark says. "At Washburn he was a
masterful history student. He wanted to teach it, and he held on to
that. He'd say: 'I have that right', and my dad would try to beat it out
of him. My father would make it clear to Fred Jr. that he wasn't going
to teach history. He'd yell: 'You guys are mine and you're never gonna
leave me!'" "Then always follow with: 'And you better start gettin' it
through your head right now!' "I can remember my father beating Fred
when he was 19 or 20 about that. I couldn't believe my brother would
even try to argue with him! My father wouldn't hear of it. Fred Jr. was
going to be a lawyer. "Eventually, I think, my brother's spirit was
broken and he became one. But it wasn't the beatings that caused him to
lose heart-it was Debbie Valgos." What follows may be the saddest tale
found during this investigation. It is a profound and tragic example of
the fruits of hatred when it is directed by the angry against the
innocent. Says Mark: "He was deeply in love with her, a girl from St.
Vincent's Orphanage several blocks from our house. They were just crazy
in love... "She was a free spirit. And a great looker. Noisy. Loud,
hearty laugh. She was very warm, and friendly, and loving." "She was cute, thin, blonde, and sexy," laughs Nate. "That
name...," sighs one of the nuns from the orphanage, "is like a punch in
the stomach..." Debbie was not an orphan. She lived with her mother,
Della A., and her stepfather, Paul A., on Lincoln Street in Topeka. When she was 11 years old, for reasons undisclosed, Debbie was
placed in St. Vincent's. She went to Capper Junior High and later
attended Topeka West High School. When she was 14, Debbie sent this poem
to her mom: I settled down west from town, though no one knew I was a
clown, My face was clean, and all around were children, though I heard
no sound. She signed it, 'Mom, I love you very much!' with seven
asterisks for emphasis. Bernadette, an older sister who still lives in
town recalls: "She sang. She had a beautiful voice. And she played the
guitar. She was a pretty little thing." Debbie's mom has an album of
photos taken by the nuns of her daughter while she lived at the
orphanage. Pictures of her as a cheerleader at Capper; smiling on a dock
at the Lake of the Ozarks with some other girls from St. Vincent's;
clutching her pom-poms, watching the players; pictures of her 15th
birthday party at the orphanage. They met at the skating rink. Sometimes Fred and Mark would
trick their father. When he thought they'd gone out on their obligatory
10 mile run, instead they'd go skating. Or if they'd had a good night on
candy sales, Jonathon, Nate, Mark, and Fred would knock off early and
hit the rink before going home. "Debbie was a good skater," remembers
Mark. "She came to the rink with other kids from the orphanage. She
skated fast and reckless." The voice over the phone sounds as if it's
smiling at the memory. "At first my brother saw her secretly, during
stolen moments. Then he'd go by the orphanage when the four of us boys
were out selling candy."
Mark stops. "You should know, when I was 9 and Fred 10, we began
to hear degrading, insulting sermons from my father about how no good it
is for boys to have girl friends: "You'll meet a girl someday and she'll
start saying things like, "Aren't you cute; aren't you handsome;
ooooooh, you're really something", and like some kind of ignorant,
stupid lamb being led to slaughter, you'll fall for it, and the next
thing you know, she'll want to kiss you or some bullshit like that. I'm
telling you now, I'm not going to put up with it. If you think you're
going to have some whore coming around sniffing after you, you better
know right now that I'm not going to put up with it. You better start
gettin' it through your head right now. You just have to trust the Lord
to provide you a good woman who will subject herself to the authority of
the church...'" Mark clears his throat. "They met, I think, in the fall
of 1970. On the candy sales, Fred would drive and I'd ride shotgun, with
Jon and Nate in back. We'd pick Debbie up on the way out and she'd sit
between us. "When we got there, the rest of us would sell candy, and
Fred and Debbie would stay behind in the car. "Boy, did they kiss. Every
time was for the last time. Like Bogart and Bergman at the Paris train
station. "She was cute, but it wasn't only sexual. Those two were very,
very much in love. I was there. I saw it. I watched them
together-kissing, walking, being together. Fred and I shared the same
bedroom and I knew my brother. "It was obvious they were meant for each
other. That romance had so much voltage, it could have lit the city."
Fred and Debbie's special song was "Close to You", by the
Carpenters, but that didn't keep them from fighting. Says Mark: "Debbie
had a hot temper. She was very intense and dramatic. So they kissed and
fought, kissed and fought. But they loved each other terribly hard-none
of us doubted that." Debbie also got a kick out of hanging around with
all of Fred's brothers, remembers Mark. "She used to say it was her
instant family." Many of Debbie's teachers still remember her vividly.
And they remember her long-lasting romance with Fred Phelps. "She was
craving a family environment, with all the emotional outlet and loving
she imagined went with it," recalls one. "When she was dating Fred, she
thought she'd become an adjunct member of his family and she wanted to
be a part. When she thought she was, she was very happy." "She was such a warm, sweet girl," remembers another, "it's
just a shame what happened to her." "In the car on candy sales and at
the skating rink was the only time they could see each other," says
Mark. Apparently Debbie was either narcoleptic or suffered from
epilepsy. "Periodically she'd pass out. I saw it happen 10 to 12 times.
Suddenly she'd stop talking and when you looked, she'd be limp, her head
back and eyes closed, though still breathing." Debbie told Fred what it
was, but Mark's brother never revealed it. After they'd been stealing
time together for several months, Fred Jr. somehow found the resources
to buy Debbie a gold band with a tiny diamond. Mark remembers her showing it off proudly in the car that day.
Fred was 17, she was still 16. They began to talk of getting married.
"Before you jump to conclusions about another teenage marriage," Mark
observes, "remember my family didn't believe in dating around. We
believed God would send us our mates. That it would just happen one day,
and we would know it in our hearts. When it happened, that was
it-whether you were 16 or 66. "Of course, my dad thought he was the god
in charge of that. But I wouldn't assume Fred and Debbie's union would
have been another miscast teenage marriage-and therefore my dad was
right to do what he did." Why not? "Because my wife of 17 years, and my best friend for 22, is the
same Luava Sundgren I met at the rink that May of '71. We've been
together since I was 16 and she, 13, and we're still totally nuts about
each other. "You see, I think God has a hand in these things. And maybe
it's naive of me, but I think all that we went through as kids made us a
lot wiser about people than most grownups." Mark estimates the passionate romance was kept from their father
through the New Year of 1971. Sometime shortly after, however, the
Pastor Phelps caught wind of his son's happiness. "After that, my father
forbade Fred to see her. He tried everything to get Fred to stop." Though Mark's brother was only a few months shy of 18, the
pastor regularly took the mattock to him to stop his 'slinkin' with that
whore'. In February of that year, Debbie left the orphanage and moved
back in with her mother and stepfather in the house on Lincoln Street.
The boys would swing by and pick her up there. Shortly after she
moved, Fred and Debbie moved again: they made their bid for a life
together free of their burdened pasts. They eloped. Mark remembers they
took one of the family cars, a '66 Impala wagon. "And I had a pair of
top-notch skates. They cost me a hundred bucks. I was a serious skater
back then, and I carried them around in a slick black case and felt very
professional. But my brother Fred took them along for gas money. He sold
them at a rink in Kansas City for ten bucks. Fred's next younger sibling
sighs. "I missed my skates, but I wasn't mad at him. Back then, we had
no sense of personal boundaries. If you needed something, you just took
it. Besides, I wanted them to get away." He laughs: "Just wish he'd
gotten more for those skates. Ten bucks was insulting." With a borrowed
car and a tank full of gas, the intrepid couple hit the great American
highways-though not with that era's open agenda of 'wherever you
go-there you are!' To Fred Jr., the available universe consisted of two
addresses and the highway that connected them. One was on 12th Street in
Topeka, the other was the home and church of Forrest Judd in
Indianapolis. "My dad and Judd met at a Bible conference. Forrest was a
Baptist preacher and they hit it off. They used to come to Topeka and
visit a lot. He and my dad were doctrinally alike, but Forrest was a
very different personality. He was a jolly fat Santa type of guy-a
factory worker and a really neat fella. He had three sons of his own,
but he'd become sort of a 'good' father figure to a lot of us kids. "His church was the only one my dad approved of-and the reason
that was important to Fred Jr. is the same reason he's-they all-have
been unable to escape. "You see, no matter what differences we had with
him as the head of our house, none of us questioned his authority as
head of our church. It was a certified gathering of the elect, remember.
And the only way to get to heaven was to do that, to assemble with the
elect. "My dad interpreted that, and we accepted it, as membership in a
physical congregation certified by him as elect...The Place... "And
there was only one Place besides his-Forrest Judd's. "So my brother had
nowhere to run, you see. Not if he wanted to get to heaven. To a
believer, even the most wonderful love in this world isn't worth an
eternity in the fires of hell. "As long as we accepted my father had the
power to so that-send us all to hell-he had the trump card in any
showdown over our choices." After Judd and the Pastor Phelps conferred
by phone, the father figure convinced Fred Jr. there'd be no room on the
Indy bus to heaven. If he wanted to get there, he'd have to go back to
Kansas. A member of the staff at Topeka West remembers the pastor called
the school to rage at them, holding them responsible and threatening to
sue: "As I recall, the father stopped the marriage; and he was demanding
the school go and get them. He wanted returned separately so they
wouldn't 'fornicate' on the way home. "School officials tried to point out to him that Fred and
Debbie were teenagers, and they'd been alone together for over a
week-the damage was done." From the moment the disappointed lovers
started down the road they had came, the clock began to tick toward
tragedy. Back in Topeka, Debbie moved in with her mom again, and Fred
counted the weeks till his 18th birthday. Though his father did
everything in his power to separate them, "those afternoon candy
sessions went on just as they had before," says Mark. In May of 1971,
the pastor changed his strategy. It would be OK for Fred Jr. to see
Debbie, but only when she came to services on Sunday. By this time, Mark had met his future spouse, also at the
skating rink, and Luava was convinced to come to church as well. "The
only way we could see his sons officially," says Luava, "was if we came
to his church for Sunday service. They had no social life; they weren't
allowed to date." So they came to service. Luava remembers that first
Sunday: "When I arrived, Debbie was already there, sitting in one of the
pews, waiting for it to begin. She looked back at me and smiled. I was
nervous and her warmth touched me. She was quite radiant and seemed very
happy that day." Luava fared better than Debbie under the pale-hearted
pastor's basilisk eye. She had long hair and was shy-a quality the
pastor mistook for subjection to her man. "My father took an instant dislike to Debbie," Mark recalls.
"She had all her signals wrong: she had short hair; she was vivacious,
passionate, and fiery; she was direct; and she had an open, honest
laugh." That day, and forever after, the good pastor called her a
'whore' from the pulpit, in person, to Fred, and the family. "She didn't
argue," says Mark. "She looked shell-shocked. She started to cry, but
did it quietly. After the service, she disappeared. "After that, he
preached to Freddy she was a whore from pulpit every Sunday. "Then one
day," says Mark, "my father announced that the entire family was going
roller skating. Even mom. He said we'd have some 'fun' together." The voice on the phone laughs. "It was a very peculiar
experience. You have to realize, in all the time we were growing up, our
family never did that. We never, not once, went on an outing together.
We'd go sell candy, or to run. but never to have fun. He never took us
to the zoo, the movies, out to eat, to the park, on a picnic, vacation,
Thanksgiving at the relatives, to see the fireworks on the Fourth of
July-none of these things. "Now you can begin to understand what a selfish man our dad
was. We spent our entire childhoods and adolescence waiting on him and
working for him and getting beaten up by him. The idea of parenthood or
fatherhood is an alien concept to that man. "So we were suspicious when
he announced he was taking us all skating. Sure enough, it turned out
he'd caught wind of what was going on down at the rink." Fred and Mark
had made plans to meet Debbie and Luava there that day, and now the
pressure had the drop on them. Though she'd already been to services at
their church, Mark only nodded to Luava as if she were a passing
acquaintance. When the pastor made fun of her parents within earshot of
Luava, Mark felt forced to laugh. Fred and Debbie skated together briefly, but they didn't hold
hands. Everyone was watching the good Pastor Phelps. Fred Sr. strapped
on a pair of skates and storked out on the floor looking like a new-born
calf on ice. "I wanted to show off for him," Mark recalls, "so I started
skating backwards and doing jumps when I knew he was watching. Do you
think he liked it? No way. My father went into a seething rage. He said
he could see I'd been spending all my goddam time down there, trying to
get my dick wet. What a guy-by the way, both Luava and I were virgins
when we were married...five years after we met." Possibly due to the
stress of the unexpected confrontation, Debbie had another seizure. In a
gloomy portent of what was to come, none of the Phelps boys dared go to
her aid. She lay unconscious and abandoned by the good Christians of
Westboro Baptist before 13 year-old Luava noticed and rushed to her
side. At that, the pastor glared at Mark. "Someone should tell that girl
we don't associate with whores," he glowered. Then, as the steadfast
teenager revived her friend, Good Samaritan Phelps wobbled past on his
skates and muttered, "whore" at Debbie while she was recovering her
feet. The charitable timing of his comment caused Fred Jr.'s girl to
burst into tears. Luava helped her off the floor and into the ladies'
room. "I don't know why Fred's old man hates me so much," Debbie sobbed.
"You're lucky that he likes you." Luava never forgot the bitterness of
those sobs: SOS from the threshold of a soul's despair. Debbie went to
services at the Westboro Church several times after that, and, each
time, she was called a whore from the pulpit. Then why did she go? "The
hope of having Fred Jr. was greater than the pain of his father's
words," says Mark. "She even came over once and asked my father what it
was he wanted her to be. He told her she'd have to get an education and
amount to something if she wanted his son. That she'd have to go to
college and law school first, and, while she was doing it, she'd have to
stay away from Fred Jr. 'But right now,' he told her, 'you're just a
whore'. "Debbie said she could do it-she just needed a chance to prove
it. I remember my father laughed in her face and said she'd always be a
whore. "Another time, Debbie had been riding along with us on the candy
sales, and afterward she and Fred intended to sneak out to a movie. Fred
Jr. asked her to wait in the candy room while he changed clothes. You
see, my dad never went in there." The pastor chose that time to fly into
one of his rages with Fred Jr. "Of course, whenever my father started beating someone, the
rest of the kids would run into the candy room. It was sort of our bomb
shelter. They'd be pacing nervously, waiting for it to end, like a herd
of cows from the candy boxes to the laundry dryers and back. "My father
was beating on Fred and screaming things like, 'You son-of-a-bitch! You
got your dick wet! And now you're sniffin' after that whore!' It made
them both feel dirty for what was really the best thing that had
happened to them so far in their lives-their first love. "Debbie got
hysterical when she heard those things. She ran out crying." Mark
pauses. "And we were very nervous because she wasn't supposed to be in
there. I remember several of us followed her out to ensure she didn't
make a scene. That's where we were back then: nothing mattered except
keeping my dad cooled off. "Outside in the street, Debbie was crying her heart out. She
kept asking, 'why does he say those things about me?'" Mark isn't sure
of the timing, but he believes shortly after is when Fred, how 18,
decided to move out. The pastor vehemently opposed it, but Fred stood up
for himself. Finally they compromised: the son would go and live with one of
his father's business associates. Bob Martin was a retired army officer
who ran Bo-Mar Investigations, a private detective agency. After Fred,
Jr. had been staying with Martin for a week in his house, Mark remembers
his father got a phone call. It was Martin. "Let's go," said the pastor to Mark, who'd become the squad
leader in his father's schemes. While they drove to the detective's
place, the pastor explained the plan he and Martin had for Fred Jr.:
wait till he was in the shower and then confront him; a naked man feels
vulnerable and powerless. Mark's father told him Fred Jr. had just come in from work and
gone into the bathroom. "When he comes out, we'll be waiting," chuckled
the guardian of one of the two portals to the Kingdom of Heaven. And so
they were. As Fred Jr. came out, towel around his waist, he was
confronted by his father, by Mark, and a suddenly hostile Bob Martin.
"Get your clothes! You're going home!" snapped the pastor. The
eldest son complied without argument. "The next part I'll never forget,"
says Mark. "When we got out to the car, I was in the back, my father was
behind the wheel, and Fred was in the front passenger seat. Bob had
followed us and he opened the door on my brother's side. "Through the
space between the front seat and the door, I could see him place a
revolver against my brother's knee. And he said: "If you run away again,
I have orders to come after you. And when I catch you, I'm going to
shoot you right here." At the time, 'knee-capping' had spread to the
United States from Italy and France as the preferred punishment in
underworld circles. It left its victim crippled for life. This article
does not imply Fred Phelps Sr. has underworld ties. It only remarks that
anyone who dresses badly, who lives handsomely off the work of urchins
hustling in the streets, who disciplines subordinates by beating them
senseless, who fosters filiar piety by threats of knee-capping, who
knocks his wife around regularly, who surrounds himself with lawyers,
and who is apparently beyond the long arm of the law could have made a
very respectable gangster. Certainly not a pastor. Fred Jr. enrolled at
Washburn University that fall and Debbie returned to Topeka West. Though
the pastor had forbidden them to see each other outside church, they
continued to do so. "My brother was struggling with his love for Debbie and his
very real fear of hell. A lot of non-Christians might find that hard to
believe. But if you grew up with your imagination open to Fred Phelps,
believe me, hell was a concrete reality." The battle inside Fred Jr.
would last until the following spring, but the war had been lost when he
turned back from Indiana. In late September, Debbie dropped out of high school and moved
in with girlfriends at a house on Central Park Avenue. It was just a few
blocks from the Washburn campus. "We went there a lot when we were out
selling candy," says Mark. "That lasted into December, probably, because
I remember being there when it was very cold and we were wearing winter
coats." But the pastor was relentless. And not only with the mattock.
"He knew Fred Jr. was still seeing Debbie, and he hit heavy, heavy on
him from the Bible. From things they said, I think my brother and Debbie
had probably become lovers at some time in the relationship, and I'm
sure Fred Jr. felt guilty about that. "So, he was vulnerable to my father's framing of the situation
as 'Debbie the Whore...the Agent of Satan sent to lure him into
temptation and directly down into the gaping jaws of hell'." Says Mark:
"He'd spend time with her, then try to avoid her. In addition to the
guilt he was getting some pretty bad beatings. While Fred Jr. drifted in
fear, Debbie fought to hand on to the man she cherished and the only
person who'd ever cherished her. Margie Phelps remembers Debbie would
wait for her brother outside after his classes on the Washburn campus.
She would beg him to come back to her in Play-Misty-for-Me scenarios,
where a mentally ill woman stalks her former lover. "If she did do
that," says Luava, "it was in hurt and frustration that he would betray
the love we all knew he felt." "And, besides, it always worked," Mark
adds. "He always went back to her, at least while he was at Washburn."
"I don't think he ever stopped loving her," agrees Luava. "He was just
more scared of hell than he was of losing her." Sometimes in December, 1971, events turned murky, fast. and
fatal. Apparently willing now to give Debbie up, but afraid he wouldn't
be able to do it while they lived in the same town, and also furious at
his father for forcing him to leave her, Fred Jr. ran away again,
despite Bob Martin's threat to find him and kneecap him if he did so.
From late December till mid-February, the following events are known:
Fred Jr. disappeared and no one in the family knew his
whereabouts. One night in January, shortly after Nate and Jonathon had
been shaved and beaten and the school had notified the police, Fred Jr.
stopped by the house without his father knowing. Nate remembers he asked
to see their heads and then commiserated with them about their
embarrassment at the police station. About the same time, Luava's father saw Fred Jr. at a Washburn
basketball game. He had a K-State jacket and a rash on both arms. The
other man became concerned about Fred's welfare, and, with nothing to go
on but the jacket and the rash, he was able to track the troubled youth
down working at a produce business in Manhattan, where the state college
was situated. Fred Jr. turned down all offers of money or help. At the time,
he was living in the basement of a young married couple. Whether Debbie
visited him or even joined him up there is unknown. What is known us
that, on Valentine's Day, Fred Jr. showed up in Topeka with a new girl
for his father to meet. "Betty," says Mark, "was a lot closer to what my father
demanded. She was another Luava-or at least who my dad originally
thought Luava was- she had long hair, and she was very quiet and
submissive. She had also been raised Methodist. A lot of Baptists
started out as Methodists, you know. "Debbie...was a Catholic." A few weeks after Valentine's, Debbie came to see her mom. Della
A. remembers they went for a walk in the small park near where Debbie
had lived with her friends. Her daughter's spirits were very low, she
recalls. Debbie confessed Fred had given her an engagement ring and they
had eloped, but that Fred's dad had made them come back. She admitted
bitterly that his father had told her she wasn't good enough for his
son, and the younger Phelps had been forced to obey him. "Now Fred's
found another girl," she told her mother. As they walked, Della
remembers her daughter took off the ring and threw it in the bushes.
"He's never going to marry me, Mama," she said, "but I know I'll never
love anyone else." The mother says she tried to cheer her up, and later, thinking
Debbie might regret it, she returned to search for the ring in the
grass. She never found it, and even if she had, Debbie never would have
received it. The mother and daughter's walk in the park that afternoon
would be their last time together. The remainder of Debbie's hopeful
life can be found, not in the memories of those who knew her, but in the
dusty, impersonal files of the U.S. Army Intelligence Criminal
Investigations Division. After seeing her mother that day, Debbie went
up to Junction City, an army town that served nearby Ft. Riley. It was
also only a 20 minute drive from Manhattan, where Fred was living.
Whether they saw each other during that time is not known. From the part
of her life that has been documented in the Army's investigation of her
death, it seems unlikely. During her final days, Debbie Valgos touched a
match to her longing soul. She flamed up in a white-hot blaze of
self-directed violence, anonymous sex, amphetamines, heroin, and rock
and roll. All the things Pastor Phelps said she was, she'd be. She moved in with a soldier. She shot smack. She partied for
days without sleep. The speed she was constantly on burned through her
body till she'd gone from 130 to 87 pounds. In less than a month the
5'7" girl had become a walking corpse with the wide, burning eyes of the
starved. Perhaps that is when her face could at last reflect her heart:
faltering into despair after a lifetime without sustenance. Because the effect was so striking, Debbie's new acquaintance
nicknamed here 'Eyes'. But 'Eyes' had stared into her abyss, and she
knew. At the end of all worlds. Was a single lost soul. The last days of
Debbie Valgos' life, those few weeks in Junction City, were one long
suicide...a death dance through the Army bars...a soul signing off. When
she lost Fred Phelps, Debbie must have felt she had forever lost her
way...that she was never coming back...and so she touched a match to her
despair. Her new friends told CID agents she had tried to commit suicide
four times in the weeks prior to her death: by jumping out a window,
rolling off a roof; and twice by drug overdose. Each time they had stopped her or brought her through it. The
came the night of April 17, 1972. Debbie was in the Blue Light, a
soldier's bar. Though she had a soldier waiting at home, that hardly
mattered. She let two more pick her up. When they invited her back to
their barracks to 'party', she said 'yes'. As they left, a girl who lived in Debbie's house insisted that
she come along. She'd been there during Debbie's earlier attempted
suicides, and she worried that the frail runaway might try it again.
They were spirited past the gates of the fort, hiding on the floor of
the car. The soldiers parked in an alley and had the girls crawl through
a window into their barracks room. Once inside, one of them offered
Debbie some speed. It was a bottle of crushed mini-bennies, according to
CID reports. Debbie took it, and the soldier turned to put on a record.
When she gave it back, the boy was amazed. "You took way too much!" he
said. "You'll be up three or four days!" Debbie only smiled at him. What might have been a four-day
problem for a 180 pound man, Debbie undoubtedly hoped would solve all
her problems at 87 pounds, less than half the other's body weight.
Shortly after, "Eye started to have a 'body trip'," states the girl who
had accompanied her. "She shut her eyes and just started moving with the
music. She did that for awhile and then she started to act dingy. She
called me over and said she felt like little needles were poking her all
over her whole body and she was tingling. I told her I would stay with
her and not to make any noise in the barracks." When Debbie started
rolling around on the floor and mumbling, her friend worried she might
hurt herself, and so she sat on her. The other girl, who apparently was quite obese, continued
drinking and talking while she kept Debbie pinned beneath her. The party
went on. Debbie was babbling incoherently. After almost another hour,
everyone became alarmed at Eye's grotesque physical contortions. They
pulled her back through the window, loaded her in the car, and smuggled
her off base. Returning to her new boyfriend's house, they woke him and
ran the tub full of cold water. By then, Debbie had passed into coma.
She would not be taken to Irwin Army Hospital At Ft. Riley until 5 a.m.,
nearly five hours after she'd ingested almost half a bottle of crushed
benzedrine. Debbie lasted 20 hours unconscious in ICU, just long enough
for her sister, Bernadette, to find her. At 1 a.m., her heart stopped.
Her spirit had flamed up and was gone. She was 17. She was sunny and
loving and only wanted to be loved. After all she'd been through, Debbie
Valgos thought she'd found safe haven with the family Phelps. She died
for her mistake. In that spring of 1972, one of the Top 40 songs playing
on the rock and roll radios Debbie no doubt listened to while riding her
dark current of heroin, amphetamines, and despair was a tribute to Janis
Joplin, sung by Joan Baez: "She once walked right by my side I know she
walked by yours, Her striding steps could not deny Torment from a child
who knew, That in the quiet morning There would be despair, And in the
hours that followed No one could repair... That poor girl... Barely here
to tell her tale, Rode in on a tide of misfortune Rode out on a mainline
rail... But the Pastor Phelps, devotee of a hateful god, had made up a
song of his own: "I remember getting home from school the day it
appeared in the papers," says Mark, "and my dad came dancing down the
stairs, swaying from the knees and clapping his hands, singing: 'The
whore is dead! The whore is dead!' "He paraded around the house, singing
and laughing with that maniacal giggle he has, 'the whore is dead!'"
Mark pauses to let the horror of the scene settle in. One is reminded of
the warning from the first epistle of John: "He who has no love for the
brother he has seen cannot love the God he has not seen..." Margie
Phelps remembers shortly after Debbie's death Fred Jr. came to visit
their mom secretly. Margie says she didn't know he was in the house. She
came into a room inadvertently and saw Fred Jr. and her mother sitting
in chairs, facing each other. The eldest son had his head in her lap and
she was stroking his hair. "Fred was crying," says Margie. "I heard afterward it was for
Debbie." "There's no question that my brother wanted to spend his life
with Debbie," says Mark. "She was who he loved. And I knew her well
enough to say my brother was the first light of hope she'd had in her
life. When he left her, that light went out." The phone voices, bouncing along microwave relays from
California, cease. The ghostly dishes wait, sentinels in the wheat
fields, the mountain passes, the desert, and the ancient western forests
beyond. "We think of Debbie sometimes," says Luava softly. "We know Fred
does too." "She'd had a hard life before, but all she really needed was
someone who would value her," Mark observes. "If my dad had allowed
that, Debbie and Fred would have really blossomed. "You know in Matthew
12:20? Where Jesus says, 'the bruised reed I will not break; the
flickering candle I won't snuff out; instead I will be your hope'? With
the evil and the hurt he's caused during his life, my father has no
right to the name of 'pastor'-nevermind 'guardian of The Place." Della A. is more direct. She has a message for the pastor: "You
tell Fred Phelps I'll wait in hell for him." Margie remembers Debbie's
sister, Bernadette, knocked on their door one day. "She went on about
how we were responsible for Debbie's death." Bernadette admits doing
that. "I do blame them," she says. "My sister had a tough enough time
without those people. If she hadn't met them, she'd probably be alive
today." "We thought she was really coming along," reflects a former
staff member at Topeka West. "Of all the kids there who had difficult
backgrounds to overcome, we felt sure she'd be one of those who would."
No one who knew her has forgotten her. Not the sisters at St. Vincent's,
not her teachers, not even her dentist when she was a child. "I was just
thinking of her," admitted one. You were? Why? "Oh...your thoughts
return to someone like that...so young and full of promise...a really
sweet girl...and then to die before her life ever had a chance to
start...yes...Debbie comes to mind from time to time." "Valgos?" Fred
Jr.'s voice sounds eerie and distant over the phone. "That name isn't
familiar." Silence. "But then I had lots of girlfriends. At least five
or six in high school." No one else remembers that. "Oh...oh, I remember now. The little
girl at the orphanage?" Two years later, Fred Jr. married Betty, the
woman he'd brought home that Valentine's Day. Betty was approved by his
father. She was the second woman he'd ever dated. For the moment, this
article shall abandon cynicism and consider beginner's luck in the
search for mates. After all, Mark Phelps is quite happy with his first
date of 22 years ago. So is Luava. And, if Fred Jr. and Debbie were
destined for each other, what happy chance they met on his first date.
However, the odds that Fred would then meet Miss Right directly after he
met Debbie begin to gnaw at the suspension of disbelief in this fire and
brimstone fiction of predestined characters. "I think not being able to
have Debbie, and her committing suicide, I think that just broke my
brother," observes Mark. "After that, he submitted totally. He'd lost
his thrill for life. He went to law school, like his dad wanted; he
married a girl his dad approved; and he shouldered a role in The Place.
"And that's where he is today. He just turned 40." Betty was a music
major at K-State when she met Fred Jr. She had perfect pitch and played
between eight and ten instruments. However, she transferred to Washburn
for her last two years of college, and went to law school on command.
Mark remembers a time in 1973, when Betty was visiting Fred Jr. in the
kitchen and the pastor started beating Nate savagely with the mattock in
an adjoining room. Betty had been eating a cantaloupe and she shoved her
spoon all the way through it and screamed: Stop it!" Says Mark: "The old
man came in from the church where he'd been beating Nate, and he said to
Betty: 'You got a problem with this?' Then he turned to Fred Jr.: "If
that girl has a problem with this, then I'm not going to put up with it!
You better get her under subjection, or you're not gonna be marryin'
her!" In one of his fax missives, the pastor has stated: "Wives who
have strayed too far traditional family values of home and children need
to be whipped into godly obedience. Sparing the rod and sparing either
the children or the women is a strategy that fundamentalist Christians
reject. Complacency and misplaced 'equality' notions produce tormented,
social misfits like (here Phelps names several female city officials)
who are hormonally and intellectually incapable of rational thought.
Like the termite, these so-called modern ideas promulgated by Satan's
servants are destroying the studs of the family unit." Nate remembers:
"Betty was put in her place, both by the old man and Freddy. And she was
the butt of numerous comments from the pulpit over the following months
until she finally displayed the 'proper spirit of obedience'. Luava recalls that, some time after Debbie's death, Betty and
she were talking when suddenly Fred's new girl started crying. "He still
carries her picture in his wallet," she sobbed. "He's in love with a
dead girl." The Phelps family forbade reporters from asking Fred Jr.
about Debbie Valgos during interviews, and threatened to sue the paper
if it printed the story of the couple's broken dreams. "That child was very precious to us," says the former director
of St. Vincent's, Sister Frances Russell, who refused to give an
interview, "and all my instincts are to protect her-even in death."
Sister Therese Bangert came to the orphanage the year after Debbie died,
"so I didn't know her," she says. "But I remember her because of the
impact her death had on everyone who was there. Even today, mentioned
the name of Debbie Valgos around some of the sisters would be like
knocking the wind out of them." Just as he threatened to shove the blind
runner off the track when the old man was in his way, charitable Fred
Phelps toppled Debbie Valgos into her abyss when she threatened to lure
one of his Chosen from The Place. "He was scared of her He knew she'd
take Fred Jr. from him," says Mark. "My father saw Debbie's weak
spot-her self-esteem-and he did everything in his power to drive a sword
through it...right into her heart. "Debbie didn't hate life like my
father. She loved it. He knew she'd never fit in there. Eventually she'd
leave and pull Freddy with her." The pastor's second son adds: "If,
during the course of your investigation, you'd discovered my father had
something to do with Debbie's death, I would not have been surprised.
That's how far I think he was willing to go to keep us on as adult
servants to his ego." This chapter focused on the torture, kidnapping,
and later troubles of Kathy Phelps and the tragedy of Fred Jr. and
Debbie Valgos because these facts provide a clear insight into the
horror coming of age held in the house of the good pastor Phelps. It has
been an inquiry into a man who gathers a following wherever souls are
writhing in agony from the evil done to them. It is a look behind the
veil of a false prophet who, with investigation, appears more and more
as a new type of serial killer: Pastor Phelps is too clever, too
cowardly, and too lawyerly to kill the bodies. His life is a trail of
murdered souls. And his worst victims have been his own family. No man or woman living on the Phelps block has been allowed to
become the plant foreshadowed by the seed. This chapter has revealed the
betrayal and murder of three spirits by Phelps, would-be prophet of the
subdivided prairie, hopeful John Brown of religious radio. Kathy Phelps' life remains at the level of subsistence and self-
destruction. Her brother, Nate, has been diagnosed with Post Traumatic
Stress Disorder. It is quite likely that Kathy suffers from it also.
Today, but for the statute of limitations, the brutal beatings and
torture this pretty teenager experienced would bring a long jail
sentence to their perpetrator. Fred Jr. never became a history teacher. Recently, he left the
law profession and works for the Kansas Department of Corrections.
Debbie Valgos died of a broken heart. A quick survey of the curricula
vitae of the Phelps children shows his astonishing success in their
conforming to his wishes. In fact, the Phelps Plan because a sausage
factory for loyal and legal support of one man's ambitions: *Of the 13
children, 11 got law degrees-nine of those from Washburn University *Of
the nine loyal offspring and four approved spouses, all but one took law
degrees; eight have undergraduate degrees in Corrections or Criminal
Justice. One can only wonder why the pandemic fascination for prison
among the Phelps loyalists. For the nine kids who stayed with Fred, God
provided only three spouses from within the church. Fred Jr. and brother
Jonathon had to provide for themselves. They became Westboro outlaws to
find mates among the damned. When they eventually returned to the fold, these 'tainted women'
were only accepted after a long probation and apprenticeship at being a
wife- in-subjection. Six of the Phelps daughters remain the compound.
Two of the, were betrothed to Chosen already residing in The Place. The
rest grow old. Perhaps bitter. Alternately resentful and desperately
dependent on the one man in their life. To chronicle the failures of
others among the loyal Phelps children in their youthful attempts to
escape over the wall of their father's fear and ego is to compose a
litany of unhappy and sordid tales, ones that would burn the ears of the
listener. "You know she's admitted she's a whore," says Phelps of
Shawnee County D.A., Joan Hamilton. "She hasn't admitted she's a whore,"
replies ABC's John Stossell. They're taping for 20/20: "She admitted she
had a one night stand." "Then, if you believe the Bible, she's a whore,"
insists Phelps. "Shackin' up with some guy one night or a thousand
nights, she meets the Bible definition of a depraved, adulterous,
whorish woman." Pastor Phelps would be wise to take a quick poll of the home
team, especially his daughters. He might find his glass house full of
mischief. The misadventures of the clan Phelps can be pursued into
allegations of adultery, fornication, illegitimacy, and abortion without
fear of libel. However, since it is also the thesis of this article that his
children are actually the principal victims of Pastor Phelps, it is not
appropriate to expose the rest of these embarrassing stories in detail.
Despite their strident condemnation of others' equal and lesser sins, it
will suffice to point out the foibles of his children would make as
interesting reading for the pastor's fax gossip as anything he's
printed. If those without sin shall toss the first stones, the grim clan
at Westboro will have to keep a tight grip on theirs. With his
private genetic following, Pastor Phelps has found a world perhaps he's
always sought. One where they care for him and do his bidding and never
leave him. To make that happen required the promise of their youth be
devoted to the unsettled scores of his past. Fred Phelps crushed the
innocence and joy, the dreams of all but three of his children. His
reputation as a civil rights advocate is perhaps ironic. The pastor's
chains are subtle, but stronger than the iron ones worn by the ancestors
of those he often brags he's helped free. The children who were raised
in the nightmare of 12th Street carry their shackles in their hearts. It
is their fear of their father's key to hell, and their view that the
world is hateful and hates them, that, like the elephants in India,
keeps them serving the will of a man who, by now they must realize, is
much smaller than themselves. The vulnerable pastor hoards his hell-
stunned flock close around his own flickering candle. He pulls them like
a threadbare cloak about his old wounds, huddling against the cutting
hawk of a cold soul wind blowing from somewhere out of his past. Sitting in her mother's house, the sinking afternoon sun pours
through the screen door, casting its soft gold across the widow's
tattered carpet. Della A. offers, a little reluctantly and her eyes
bright with guilt, the last moments of her daughter: a First Communion
veil; a dried corsage from an Easter Sunday get-to-together, and the
photo album Debbie kept at the orphanage. On its cover, printed in the
awkward, block letters of a bruised but hopeful new reed, a flickering
candle not yet quenched, are the words: I LOVE FRED PHELPS "Debbie Valgos was a whore extraordinaire," snaps Margie. But
the father's words sound empty and formulaic on the daughter's tongue.
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