The following testimony took place between 9:04 A.M. and 12:27 P.M. on 3/25/09.
It is OK for students to bring up controversial issues about evolution and teachers are allowed to respond to the credibility of the information, said former superintendent of the Mount Vernon City Schools, Jeff Maley.
During day fifteen of the John Freshwater hearing, Maley was questioned about his knowledge of Freshwater’s conduct, the use of supplemental teaching material, what an appropriate response would be to an allegation of a child being injured and how religion should be dealt with in the public school system.
Maley said he became superintendent around 2000 and continued until August 31, 2007 when he retired. He was superintendant in 2003 when Freshwater submitted a proposal to “teach the controversy” surrounding origin-of-life science. Maley said that he did not believe his handling of matters related to Freshwater cost him his job.
While Maley was OK with a teacher responding to students questions concerning evolution, his position is that “the other side” is not science and that the response by the teacher should be brief. Anytime that a student brings up something that is not commonly accepted, the teacher can tell the student that it is not accepted science, Maley said.
In a situation where the teacher is giving a lesson on the lunar cycle, the spring equinox and how those determine when Easter and Good Friday are—the teacher may answer questions by the students, Maley said. The question’s relevance to the class should determine how much time to spend on it. He said that he would tell students that those holidays are celebrated in many different ways and that the students should talk to their parents about the subject.
Maley acknowledged that sometimes a teacher will not know if an answer to a controversial question is appropriate until after the answer is given. He found that the problem would arise if a teacher had a reoccurring problem in how he or she answered those questions.
A teacher would not need to get permission before bringing supplemental teaching material into the classroom, Maley said, as long as it supported the content standards. He explained that it would be impossible to manage five-hundred teachers everyday if they brought all of their supplemental materials for review. Anyone that encountered the material could raise questions about it, be that student or parent, but the teacher has the primary responsibility to make sure the material is appropriate, Maley said.
Maley was shown the school board exhibits of the alleged photos of Zachary Dennis’ arm with burn marks from a Tesla coil. During his time as superintendant, Maley said that he never heard of students being shocked. He could not tell from the photos if it was an arm of a child or not, and was unable to judge whether it was an injury, but he said that the markings on the arm were not normal.
If he was told by parents that the markings were made by an electrostatic device, he would investigate. He added that he would also do it as quickly as possible because the injury could heal. One of the things he said his investigation would include is looking at the actual arm itself, and not just the photos.
The only complaint about religious displays in the school system during his time as superintendant was at the high school. He said that students in Fellowship of Christian Athletes (FCA) had signs on their lockers that included crosses.
Maley said that he had no knowledge of the Colin Powell/President Bush poster being on display at the school. If he had seen it, his instructions would have been to cut the top of the poster off—the portion with James 5:16: “The effectual fervent prayer of a righteous man availeth much.”
R. Kelly Hamilton, attorney for Freshwater, grilled Maley over what his bases was for finding the quote inappropriate. He admitted that he was not certain what “James” referred to, but he was almost certain that it was religious and from the Bible. As a superintendant, he said he would have researched the source and found out if it was religious.
Hamilton asked Maley if a teacher could safely assume that the poster was approved to be displayed if it arrived through their school mailbox. Maley replied that one of the teachers should have gone to the principal and asked who sent it.
Hamilton then asked Maley if a teacher could safely assume that the poster was approved to be displayed if the assistant principal had one in his office and signed some of the posters. Maley replied that he would have dealt with that assistant principal.
Maley said that he never knew of Bibles on teachers’ desks. He said that he would have a problem with a teacher having a Bible, or Koran, sitting on their desk, because it might influence students—even if the teacher said that it was his inspiration. “Once the issue is broached, they all need to be removed,” Maley said.
During his time as superintendant, he only had knowledge of three issues regarding Freshwater, all of which he said were resolved.
He said that he did make a comment to the investigator from H.R. On Call Inc. about trying to find Freshwater a job other than teaching science. Based on past conversation with Freshwater, he believes Freshwater does have a difficulty resolving his philosophy with that of the scientific community over the issue of evolution. Maley deemphasized the significance of that attempt to find Freshwater another position, saying that it was just his way of trying to help a teacher out.
Hamilton asked Maley if he would be surprised to learn that Freshwater’s students passed with an 86 percent on life science issues. That didn’t surprise him. “I would expect John Freshwater’s students to do well,” Maley said. Everything he said he knows about Freshwater “is that he is very good at conveying knowledge.”
Thursday, March 26, 2009
Monday, March 23, 2009
Alleged Burn Should Have Lasted Longer, Expert Witness Says
The following testimony took place on 10/30/08—this article relies on the court transcript for details of the testimony.
Following the refusal of middle school teacher John Freshwater to remove the Bible from his desk, an allegation emerged that the use of a Tesla coil in his science classroom resulted in a student being burned.
An expert witness brought by the school testified that an injury like that depicted in photos he was shown, of the alleged burn, would take “three to four weeks” to heal. The student, Zachary Dennis, and his parents have made no claim under oath that the burn lasted any longer than twenty-four hours. (See update at end of article.)
Dr. David Levy testified during the fifth day of the Freshwater hearing on behalf of the Mount Vernon City Schools Board of Education. He is currently chairman of the department of emergency medicine at Saint Elizabeth Health Center in Youngstown. Levy said that he did not have any training in forensic analysis of pictures.
Attorney for Freshwater, R. Kelly Hamilton, questioned Levy over his ability to come to a conclusion about what happened based on two photographs:
Q. “My question specifically to you, Doctor, is, could somebody create that particular marking to make it look like a burn but it not actually be a burn?”
A. “I imagine it's possible.”
Q. “You can't tell from a deduction of medical evidence as to whether or not that is a fabrication or it is a reality from an electrical instrument, correct?”
A. “Without seeing the arm itself, I could not.”
AND
Q. “Would you agree that the best evidence for your review is to see the injury firsthand, correct?”
A. “Yes.”
Q. “And seeing it by pictures makes it more difficult to grasp the nature of the injury?”
A. “Yes.”
AND
Q. “Can you tell the age of the person by looking at that arm in that picture?”
A. “No.”
The only expert opinion Levy was able to offer depended on the veracity of the photos. “As I testified, to me,” Levy said, “just from the pictures itself, it looks like a superficial second-degree burn which implies not only the epidermis, the outer skin layers involved, but a small portion of the dermis. Since there wasn't any blistering I see in the picture, it wouldn't be a deep second-degree burn.”
Previously, when Dennis testified, he credited sweating and the hockey equipment he was wearing during practice that day as causing the mark to worsen.
Hamilton asked Levy about this possibility. Levy said that sweating during practice would not do this but that equipment rubbing up against a burn might.
Levy testified that a burn from electricity depends on several factors including the duration of the contact. “It would depend on the resistance of the tissue, the ratio of contact […], voltage and also current flow,” Levy said.
Back in August 4th 2008 one of Freshwater’s fellow teachers, Lori Miller, spoke before the school board and said that she has used the Tesla coil in the same manner that Freshwater has without incident. “I have never had a concern or an issue with it and I cannot honesty comprehend how that device can burn an individual as alleged,” Miller said.
UPDATE:
A lawsuit filed by Freshwater on June 9, 2009, contains information about what Dennis testfied to the second time he was on the witnes stand: "The alleged student who Defendant Board claimed had a mark on their arm for three-to-four (3-4) weeks most recently testified in the hearing on May 7, 2009, that the mark lasted 'About a week and a half, two weeks.'"
Following the refusal of middle school teacher John Freshwater to remove the Bible from his desk, an allegation emerged that the use of a Tesla coil in his science classroom resulted in a student being burned.
An expert witness brought by the school testified that an injury like that depicted in photos he was shown, of the alleged burn, would take “three to four weeks” to heal. The student, Zachary Dennis, and his parents have made no claim under oath that the burn lasted any longer than twenty-four hours. (See update at end of article.)
Dr. David Levy testified during the fifth day of the Freshwater hearing on behalf of the Mount Vernon City Schools Board of Education. He is currently chairman of the department of emergency medicine at Saint Elizabeth Health Center in Youngstown. Levy said that he did not have any training in forensic analysis of pictures.
Attorney for Freshwater, R. Kelly Hamilton, questioned Levy over his ability to come to a conclusion about what happened based on two photographs:
Q. “My question specifically to you, Doctor, is, could somebody create that particular marking to make it look like a burn but it not actually be a burn?”
A. “I imagine it's possible.”
Q. “You can't tell from a deduction of medical evidence as to whether or not that is a fabrication or it is a reality from an electrical instrument, correct?”
A. “Without seeing the arm itself, I could not.”
AND
Q. “Would you agree that the best evidence for your review is to see the injury firsthand, correct?”
A. “Yes.”
Q. “And seeing it by pictures makes it more difficult to grasp the nature of the injury?”
A. “Yes.”
AND
Q. “Can you tell the age of the person by looking at that arm in that picture?”
A. “No.”
The only expert opinion Levy was able to offer depended on the veracity of the photos. “As I testified, to me,” Levy said, “just from the pictures itself, it looks like a superficial second-degree burn which implies not only the epidermis, the outer skin layers involved, but a small portion of the dermis. Since there wasn't any blistering I see in the picture, it wouldn't be a deep second-degree burn.”
Previously, when Dennis testified, he credited sweating and the hockey equipment he was wearing during practice that day as causing the mark to worsen.
Hamilton asked Levy about this possibility. Levy said that sweating during practice would not do this but that equipment rubbing up against a burn might.
Levy testified that a burn from electricity depends on several factors including the duration of the contact. “It would depend on the resistance of the tissue, the ratio of contact […], voltage and also current flow,” Levy said.
Back in August 4th 2008 one of Freshwater’s fellow teachers, Lori Miller, spoke before the school board and said that she has used the Tesla coil in the same manner that Freshwater has without incident. “I have never had a concern or an issue with it and I cannot honesty comprehend how that device can burn an individual as alleged,” Miller said.
UPDATE:
A lawsuit filed by Freshwater on June 9, 2009, contains information about what Dennis testfied to the second time he was on the witnes stand: "The alleged student who Defendant Board claimed had a mark on their arm for three-to-four (3-4) weeks most recently testified in the hearing on May 7, 2009, that the mark lasted 'About a week and a half, two weeks.'"
Sunday, March 22, 2009
Teacher’s Accusers Tell Different Story Under Oath
The following testimony took place on 10/28/08—this article relies on the court transcript for details of the testimony.
Missing from the testimony of Zachary Dennis was the claim credited to him by the H.R. On Call, Inc. investigative report that the mark from the Tesla coil remained on his arm for “approximately three to four weeks.”
During the third day of the John Freshwater contract termination hearing, Dennis only made the allegation that the mark was still there during the first night.
When The Columbus Dispatch published their article on Dennis’ testimony, “Tool left no mark, teacher says,” they reported the story as if Dennis testified the same as what the HR On Call report has him saying. “Dennis said the mark on his forearm caused pain and was visible for about three weeks,” the Dispatch wrote.
Dennis described the purpose of the Tesla coil as being “to light up gases” during science demonstrations. “Mr. Freshwater put tubes of gases on the ground,” Dennis said, “and he would take the coil and light the end up of it. And it would light up kind of like neon.”
At the end of the science lesson Freshwater asked for volunteers who wanted to be marked with the Tesla coil, Dennis said. He went on to explain that they also performed the Daisy chain experiment with the device. “The students got in a line and held hands,” Dennis said. “And he shocked one student, and we could see how far the electrical would go through so many people.”
Dennis alleged that Freshwater said the marks on the students’ arms were going to be there for awhile and that Freshwater referred to them as crosses. Dennis also claimed that Freshwater held his arm down while the Tesla coil was used on him.
(Another student—Corbin Douglas Heck on 2/27/09—who was there when Dennis had the Tesla coil applied to him, reported sitting at the front of the class and that he did not hear Freshwater refer to the mark as a cross or see Freshwater hold anyone’s arm down.)
Following school that day, Dennis went to hockey practice and credits the equipment he was wearing as causing the mark to worsen. “It was a burning sensation, and it was irritated from my equipment and sweat,” Dennis said.
The report by HR On Call said that Freshwater discussed Easter in his class during a lesson on the phases of the moon. “While it may have been for only a minute or two, he did discuss the meaning of Easter and Good Friday with at least one of his classes,” the report stated.
Attorney for the Mount Vernon City Schools Board of Education, David Millstone, asked Dennis about instances of religion in Freshwater’s classroom. Dennis’ explanation of what happened during the Easter discussion gives telling details:
A. “We talked about Easter and Good Friday.”
Q. “And when did that come up?”
A. “I think -- it came up before Easter, that weekend, or that Friday before the weekend of Easter.”
Q. “Okay. And what was -- had you been studying the movement of the moon at the time?”
A. “Yes.”
Q. “And had Mr. Freshwater given you an assignment with respect to the movement of the moon and understanding how the tide changes?”
A. “Yeah. We had to find out when Easter would be due to the moon and the calendar.”
Q. “Okay. And then what was the discussion about Easter that happened after that?”
A. “He asked us what Good Friday was. And I believe I answered that and --”
Q. “What was your answer?”
A. “That it was when Jesus died for our sins. And Mr. Freshwater said that it should be called the greatest Friday or the best Friday ever. And then he asked what Easter was, and someone said when Jesus was resurrected.”
Other statements by Dennis: That Freshwater said a few words while a student was praying during a Fellowship of Christian Athletes (FCA) meeting; that Freshwater gave Bibles to those in attendance at an FCA meeting; that Freshwater showed a movie about the creation of the earth and a watchmaker; that Freshwater showed a movie in class about a mission trip he had been on to an orphanage in Romania; that Freshwater showed a movie about himself as a fire jumper; that students in Freshwater’s class would use the word “here” in reference to things in the textbook that were stated as fact but were not necessarily proven; that he was given an extra credit assignment to go and see the movie Expelled and write a paragraph about it; that it was Freshwater’s habit to have students return material that was handed out in class—such as information about Albert Einstein and sound waves.
Cross examination was postponed due to Jennifer Dennis’, mother of Zachary Dennis, interview with The Columbus Dispatch— “Teacher's accusers pushing for safeguards”—that was published that day, which brought the additional allegation that her son’s arm was held down while the Tesla coil was applied to his arm.
The testimony of Jennifer Dennis—
Jennifer Dennis described seeing the mark on her son’s arm. Dennis—who said she has a medical background as a scrub tech in surgery at KCH and several other places—decided her son did not need to see a doctor. “To me, it looked like an oven burn, extreme sunburn, something of that nature,” Dennis said. “And I believe my feeling was that the mark would be gone in the morning, so my husband and I took pictures with my digital camera.”
The report by HR On Call claimed that, in addition to Zachary, his parents made the statement that the burn lasted three to four weeks. Dennis testified that the mark was still there the next morning, did not say how visible it was, and made no statement about it being on her son’s arm any longer than that.
The federal lawsuit filed in June 2008 by the Dennis family, and the amended version of September 2008, do not contain the allegation that the mark lasted for three to four weeks.
The Dispatch, however, reported in the article that was published just prior to Dennis testifying, that she told the Dispatch the alleged burn lasted longer. “She said that it lasted for more than three weeks,” the Dispatch wrote.
In her testimony, Dennis said that the next morning she took the photos of her son’s arm to Steve Short, superintendent of the Mount Vernon School District. At the time, she told Short that she did not want to see Freshwater fired over this. “I just felt this was not a good situation, and I was concerned,” Dennis said.
The lawsuit by the Dennis family, which reads as a diatribe, mentions towards the end that Freshwater has not been fired yet. “Defendant Mount Vernon City School District Board of Education was negligent in its supervision and retention of Mr. Freshwater by retaining Mr. Freshwater despite the above allegations and failing to discipline Mr. Freshwater despite knowledge of the same,” the lawsuit says.
Freshwater filed a counter lawsuit in September 2008, according to the Mount Vernon News “Freshwater files counterclaim.” The article reports that, “The counterclaim asserts the allegations of the plaintiffs are false and therefore slanderous, causing injury to Freshwater’s reputation, exposing him to public disgrace and adversely affecting his trade or business. On that basis, Freshwater is claiming defamation.”
UPDATE:
The Columbus Dispatch has again incorrectly reported length of time that Zach Dennis said the alleged burn remained on his arm. “Past student disputes cross-burn evidence”—March 26, 2009.
In that article they reported, that, “Dennis has testified that the burn marks were painful, caused him to lose sleep and lasted more than a week.”
That is closer to his testimony than what they previously reported of “about three weeks.”
SECOND UPDATE:
A lawsuit filed by Freshwater on June 9, 2009, contains information about what Dennis claimed the second time he was on the witnes stand: "The alleged student who Defendant Board claimed had a mark on their arm for three-to-four (3-4) weeks most recently testified in the hearing on May 7, 2009, that the mark lasted 'About a week and a half, two weeks.'"
Missing from the testimony of Zachary Dennis was the claim credited to him by the H.R. On Call, Inc. investigative report that the mark from the Tesla coil remained on his arm for “approximately three to four weeks.”
During the third day of the John Freshwater contract termination hearing, Dennis only made the allegation that the mark was still there during the first night.
When The Columbus Dispatch published their article on Dennis’ testimony, “Tool left no mark, teacher says,” they reported the story as if Dennis testified the same as what the HR On Call report has him saying. “Dennis said the mark on his forearm caused pain and was visible for about three weeks,” the Dispatch wrote.
Dennis described the purpose of the Tesla coil as being “to light up gases” during science demonstrations. “Mr. Freshwater put tubes of gases on the ground,” Dennis said, “and he would take the coil and light the end up of it. And it would light up kind of like neon.”
At the end of the science lesson Freshwater asked for volunteers who wanted to be marked with the Tesla coil, Dennis said. He went on to explain that they also performed the Daisy chain experiment with the device. “The students got in a line and held hands,” Dennis said. “And he shocked one student, and we could see how far the electrical would go through so many people.”
Dennis alleged that Freshwater said the marks on the students’ arms were going to be there for awhile and that Freshwater referred to them as crosses. Dennis also claimed that Freshwater held his arm down while the Tesla coil was used on him.
(Another student—Corbin Douglas Heck on 2/27/09—who was there when Dennis had the Tesla coil applied to him, reported sitting at the front of the class and that he did not hear Freshwater refer to the mark as a cross or see Freshwater hold anyone’s arm down.)
Following school that day, Dennis went to hockey practice and credits the equipment he was wearing as causing the mark to worsen. “It was a burning sensation, and it was irritated from my equipment and sweat,” Dennis said.
The report by HR On Call said that Freshwater discussed Easter in his class during a lesson on the phases of the moon. “While it may have been for only a minute or two, he did discuss the meaning of Easter and Good Friday with at least one of his classes,” the report stated.
Attorney for the Mount Vernon City Schools Board of Education, David Millstone, asked Dennis about instances of religion in Freshwater’s classroom. Dennis’ explanation of what happened during the Easter discussion gives telling details:
A. “We talked about Easter and Good Friday.”
Q. “And when did that come up?”
A. “I think -- it came up before Easter, that weekend, or that Friday before the weekend of Easter.”
Q. “Okay. And what was -- had you been studying the movement of the moon at the time?”
A. “Yes.”
Q. “And had Mr. Freshwater given you an assignment with respect to the movement of the moon and understanding how the tide changes?”
A. “Yeah. We had to find out when Easter would be due to the moon and the calendar.”
Q. “Okay. And then what was the discussion about Easter that happened after that?”
A. “He asked us what Good Friday was. And I believe I answered that and --”
Q. “What was your answer?”
A. “That it was when Jesus died for our sins. And Mr. Freshwater said that it should be called the greatest Friday or the best Friday ever. And then he asked what Easter was, and someone said when Jesus was resurrected.”
Other statements by Dennis: That Freshwater said a few words while a student was praying during a Fellowship of Christian Athletes (FCA) meeting; that Freshwater gave Bibles to those in attendance at an FCA meeting; that Freshwater showed a movie about the creation of the earth and a watchmaker; that Freshwater showed a movie in class about a mission trip he had been on to an orphanage in Romania; that Freshwater showed a movie about himself as a fire jumper; that students in Freshwater’s class would use the word “here” in reference to things in the textbook that were stated as fact but were not necessarily proven; that he was given an extra credit assignment to go and see the movie Expelled and write a paragraph about it; that it was Freshwater’s habit to have students return material that was handed out in class—such as information about Albert Einstein and sound waves.
Cross examination was postponed due to Jennifer Dennis’, mother of Zachary Dennis, interview with The Columbus Dispatch— “Teacher's accusers pushing for safeguards”—that was published that day, which brought the additional allegation that her son’s arm was held down while the Tesla coil was applied to his arm.
The testimony of Jennifer Dennis—
Jennifer Dennis described seeing the mark on her son’s arm. Dennis—who said she has a medical background as a scrub tech in surgery at KCH and several other places—decided her son did not need to see a doctor. “To me, it looked like an oven burn, extreme sunburn, something of that nature,” Dennis said. “And I believe my feeling was that the mark would be gone in the morning, so my husband and I took pictures with my digital camera.”
The report by HR On Call claimed that, in addition to Zachary, his parents made the statement that the burn lasted three to four weeks. Dennis testified that the mark was still there the next morning, did not say how visible it was, and made no statement about it being on her son’s arm any longer than that.
The federal lawsuit filed in June 2008 by the Dennis family, and the amended version of September 2008, do not contain the allegation that the mark lasted for three to four weeks.
The Dispatch, however, reported in the article that was published just prior to Dennis testifying, that she told the Dispatch the alleged burn lasted longer. “She said that it lasted for more than three weeks,” the Dispatch wrote.
In her testimony, Dennis said that the next morning she took the photos of her son’s arm to Steve Short, superintendent of the Mount Vernon School District. At the time, she told Short that she did not want to see Freshwater fired over this. “I just felt this was not a good situation, and I was concerned,” Dennis said.
The lawsuit by the Dennis family, which reads as a diatribe, mentions towards the end that Freshwater has not been fired yet. “Defendant Mount Vernon City School District Board of Education was negligent in its supervision and retention of Mr. Freshwater by retaining Mr. Freshwater despite the above allegations and failing to discipline Mr. Freshwater despite knowledge of the same,” the lawsuit says.
Freshwater filed a counter lawsuit in September 2008, according to the Mount Vernon News “Freshwater files counterclaim.” The article reports that, “The counterclaim asserts the allegations of the plaintiffs are false and therefore slanderous, causing injury to Freshwater’s reputation, exposing him to public disgrace and adversely affecting his trade or business. On that basis, Freshwater is claiming defamation.”
UPDATE:
The Columbus Dispatch has again incorrectly reported length of time that Zach Dennis said the alleged burn remained on his arm. “Past student disputes cross-burn evidence”—March 26, 2009.
In that article they reported, that, “Dennis has testified that the burn marks were painful, caused him to lose sleep and lasted more than a week.”
That is closer to his testimony than what they previously reported of “about three weeks.”
SECOND UPDATE:
A lawsuit filed by Freshwater on June 9, 2009, contains information about what Dennis claimed the second time he was on the witnes stand: "The alleged student who Defendant Board claimed had a mark on their arm for three-to-four (3-4) weeks most recently testified in the hearing on May 7, 2009, that the mark lasted 'About a week and a half, two weeks.'"
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