Former School Board President Testifies in Teacher’s Hearing

The following testimony took place 11:37 a.m.—4:24 p.m. on 6/02/10 and 9:06 a.m.—11:11 a.m. on 6/03/10.

While Ian Watson was president of the Mount Vernon Board of Education he fought the subpoena that ordered him to appear to testify at the hearing for the teacher he had voted to consider firing. All legal avenues to avoid appearing closed once the hearing outlasted his term in office.

Topics covered during Watson’s testimony at Wednesday’s and Thursday’s John Freshwater hearing ranged from his own experience with the Tesla coil to his understanding of what constitutes a religious display.

(Watson in 2008 at a meeting of the school board.)

Tesla coil

The June 20, 2008 resolution by the school board stated that Freshwater “branded” a cross onto the arm of a student. Watson testified that he did some personal investigation into whether the Tesla coil was capable of burning human skin.

Watson, in April of 2008, observed a demonstration by teacher Elle Button of the Tesla coil igniting a small piece of paper. Button held the paper in front of a metal cabinet and allowed the spark from the Tesla coil to pass through the paper.

After the demonstration, Watson asked Button to use the coil on himself. She refused. Watson said that Button also told him that she was going to leave if he was going to apply the spark to himself.

Freshwater’s attorney, R. Kelly Hamilton, asked Watson, “So, after you saw [the paper] burst into flames, you still wanted it applied to you?”

Watson replied, “Doesn’t sound like the brightest thing, but, yes.”

Watson said that about a day later a mark did appear on his arm where he had run the spark across. On a pain scale of “0” to “5,” Watson said the spark felt like a “3.”

The demonstration was in middle school principal Bill White’s office. White, who has an electronic implant, was six feet away from the demonstration. Watson said that Button did tell him about the danger of a person such as White coming in contact with the device.

After the experiment, which Watson said was not scientific, he decided that it had been a wasted effort and would not resolve the allegation one way or the other.

Freshwater denies that anyone was burned in the classroom demonstration.

Conversations with Stephen Dennis

The Dennis family brought most of the complaints against Freshwater that resulted in the teacher’s suspension without pay.

Watson said that he met Stephen Dennis a few years ago in connection with some work at First Knox National Bank. Watson, now retired from the bank, said that the bank would sometimes do business with Dennis’ brokerage.

In March of 2008, Dennis came to the bank to talk about some concerns that he had with the school, Watson said.

Those concerns, Watson said, included “his son being burned,” religious information in the classroom, Freshwater’s role with the Fellowship of Christian Athletes, questions that Dennis said his son was asked by Freshwater in school, and an extra credit assignment that Dennis said Freshwater gave his son.

Watson said that the first time Dennis contacted him, he told Dennis to talk with superintendent Steve Short. Dennis ended up having over six conversations with Watson. Watson said that he did not know why Dennis kept coming back.

Watson said that it seemed that within a week or two of talking with Dennis, there was talk of a lawsuit by Dennis. Dennis did inform him that he had hired an attorney, Watson said.

Religious display

Watson defined a religious display as being a “grouping of religiously based articles such that when you perceive it you have an opinion that religion is being represented.”

There is no black or white line as to what constitute a religious display but the more religious items there are the closer it comes to being a problem, Watson said. It is possible, he said, for just one item to be an issue.

Watson said that in the written school policy on religion in the curriculum a Bible in and of itself is not an issue. His personal view is that allowing a teacher to have a Bible on his work desk is bad policy.

The school board was OK with a Bible sitting on someone’s desk, Watson said.

The “George Bush/Colin Powell” poster, which Freshwater had posted in the classroom, would not be an issue in and of itself, Watson said.

Freshwater also had posted in his classroom, for security reasons, several book covers over an interior window. These covers, which Freshwater said he obtained from the school offices, included a copy of the Ten Commandments and a quote about good thinking.

(An expert witness, Michael Molnar, previously testified that the book covers are not inherently religious because there are other quotes on the covers in addition to the Ten Commandments.)

Hamilton asked Watson if the school offices keep items that are legal or illegal. Watson replied that “generally we would keep legal items” in the offices.

Freshwater removed the book covers when requested, in writing, to do so by school administration.

Hamilton showed Watson a photo of another teacher’s classroom that included a poster of how to memorize the Ten Commandments, a poem, lyrics from a Christian song and verses from the Psalms. Watson said that he would question those items and that they could be a problem.

Additional statements by Watson:

• Isn’t able to remember the details to answer all of the questions because these events took place two years ago.

• Doesn’t recall saying what a news story attributes to him of a family requesting that Freshwater’s Bible be removed. The family that made the complaint about the religious display was the Dennis family but they never specifically said they had a problem with the Bible on the desk. At the time he was hopeful that the parents and Freshwater could “find common ground.”

• Never talked with Dr. Lynda Weston about the complaints she says she received about Freshwater. (Weston is the former Director of Teaching and Learning for the Mount Vernon City Schools.)

• Serves on the board of the First Congregational United Church of Christ. Same church that Weston attends.

• Was in contact with the ACLU sometime in April of 2008. Contacted them because he “was intrigued on what their position would be.” The ACLU told him that it was OK for students to have Bibles on their desks at school as long as it wasn’t during an educational time but that a teacher having a Bible sitting on his desk was an extremely gray area and it would be better to keep the teacher’s Bible out of sight. His opinion would have been the same even if he had not contacted the ACLU.

• Did see Jim Beroth at SIPS coffee shop and is aware that Beroth’s daughter says she saw someone talking with him. Although he does not remember the conversation happening the day he saw Beroth, he did talk with someone about bringing in Patricia Princehouse as an expert witness.

• The school’s written policy of how complaints are to be handled was not completely followed through regarding the complaints against Freshwater.

• Did tell Jeff Cline at a school board meeting that if he had a complaint about a book that he should follow the policy and file a written complaint. The board polices should be followed.

• Someone is showing insubordination when he is in direct opposition to what his supervisors have directed to be done. In response to Hamilton asking a hypothetical question about a supervisor telling an employee to jump out a window: “There are clearly some qualifiers involved.”

• Does not know of any past teachers in the school district that have been suspended without pay.

• The H.R. On Call report was satisfactory to the school board. Considers the report to be fair. To his knowledge the report is accurate.

• Did not participate in any of the HROC interviews during the investigation. Did not receive a draft copy of the report before it was released.

• As to why one of the HROC investigators referred to him by his first name, Ian, during their interview with Freshwater, which Watson was not at: “Many people call me by my first name.”

• Did not keep a “black binder” about Freshwater at the bank.

• Does not recall when he learned that Freshwater was not a member of the union.

• Suspects that it is Short who ultimately has the responsibility to insure that the contract is followed.

• Teachers are allowed to use materials from the library.

The school board’s attorney, David Millstone, did not ask Watson any questions.

Student Was Not Burned, According To Medical Expert

The following testimony took place between 10:34 a.m.—11:21 a.m. on 6/02/10.

The parents of Zachary Dennis were concerned enough to take pictures of their son’s arm but not concerned enough to take him to the doctor. In the experience of Dr Patrick Johnston, parents who react in that way are looking to sue someone.

It wasn’t until months after the situation occurred, in which Stephen and Jennifer Dennis say their son was burned in science class, that they made a big deal out of the matter. The Dennises followed up with a lawsuit but no doctor ever saw the alleged burn.

Johnston, a family practice physician, was brought as an expert witness for the defense of eighth grade science teacher John Freshwater during Wednesday’s hearing. (The hearing is regarding whether Freshwater will be retained as a teacher and is separate from the lawsuit filed by the Dennises against Freshwater.)

(The John Freshwater hearing is taking place at the Mount Vernon Board of Education offices.)

Second-degree burn

Dr. David Levy, an expert witness brought by the school board’s attorney, previously testified that the photos of Zachary Dennis showed a “superficial second-degree burn.”

Johnston did not find it credible that Dennis had a second-degree burn. A second-degree burn caused by electricity would cause excruciating pain, Johnston said.

A student, Corbin Douglas Heck, previously testified that Dennis laughed when the spark from the Tesla coil was run across Dennis’ arm during the classroom demonstration.

Unless Dennis is a Navy Seal trained in torture techniques, there is no way he would have been able to withstand the “burning” without pulling away, Johnston said.

The fact that no other students reported being burned—Freshwater had done the demonstration throughout the years on hundreds of students as had other teachers—rules out that the mark shown in the photos was a burn, Johnston said.

An electrical burn that happened quickly would not create the skatttered spots that are depicted in the photo in addition to the lines, Johnston said.

Johnston said that Dennis probably had a skin condition.

Medical history

Knowing the medical history of the child is crucial to making a diagnosis, Johnston said. He could not make a proper determination of the cause of the marks by just looking at the photos. Johnston said that there could be a hundred explanations.

Johnston explained that some people get a reaction from friction on their skin—the marks could have even been created by a rash from running a tongue suppressor across the arm.

Johnston said that he would suspect the parents of negligence if the child had a second degree burn but they did not take the child to see a doctor.

Radio interview with Freshwater

Johnston also testified as a fact witness in addition to testifying as an expert witness.

On April 25, 2009, Johnston had interviewed Freshwater on the radio program Right Remedy that at the time Johnston hosted. School board attorney David Millstone previously played a recording of that interview in the hearing and asked Freshwater several questions about it.

Johnston testified that the “LEGO demonstration,” which was discussed in the interview, was something that he learned about before talking with Freshwater. In the research Johnston had done, he thought that Freshwater had used the LEGO bricks in class as a rebuttal to evolution.

Johnston said he found out during the interview that it was a student and not Freshwater who did the demonstration with the LEGO bricks.

Dumping LEGO bricks out on a table, Johnston said, could be evidence for or against a “starship” forming by chance. He said that it might depend on how many billions of times the LEGO bricks were dumped out onto the table.

For more information, see the affidavit of Johnston ( 531.87 KB PDF).

Religious Display Depends On Context and Purpose

The following testimony took place between 9:11 a.m.—10:34 a.m. on 6/02/10.

The items in the classroom of John Freshwater were not part of a religious display, according to expert witness Michael Molnar.

Molnar’s conclusion was based on photos and information Freshwater’s attorney, R. Kelly Hamilton, provided to Molnar about Freshwater’s classroom. Molnar, an elementary principal for the last eight years, testified at Wednesday’s hearing.

(The John Freshwater hearing is taking place at the Mount Vernon Board of Education offices.)

Religious display

Molnar said that a thorough investigation is important in determining whether something is a religious display. If someone complained to him about items posted in a classroom, he would ask the teacher why the items were there and where the items came from.

The “George Bush/Colin Powell” poster that Freshwater had posted in the classroom could serve a patriotic purpose, Molnar said. The teacher would have no reason to think there was a problem with the poster unless notified that there was an issue with it, Molnar said.

A Bible, Koran or Torah is not a religious display in and of itself, Molnar said.

Molnar said that the book covers placed by Freshwater, for security reasons, over a window are not inherently religious because there are other quotes on the covers in addition to the Ten Commandments.

If a teacher’s room is used for the meeting place of a student organization, such as Fellowship of Christian Athletes, then it is permissible for the students to store their club items in the room, Molnar said. The areas that a student organization could post things would be determined by the school or the club’s advisor, Molnar said.

Molnar defined a religious display as one that is being used to try to proselytize.

Prompt investigation

Policies and procedures established by a school district for the investigation of complaints insure that all are treated fairly, Molnar said. Promptness is also important, Molnar said, especially when students are involved.

If an allegation is made against a teacher then the students involved should, when possible, be interviewed the same day, Molnar said.

Molnar’s response to an allegation of a student being burned—such as what the Dennis family says happened in Freshwater’s class—would be to talk with the child in question. He would find out what other witnesses were present, talk with the teacher, and determine whether the students were in any danger.

Molnar said that he would want statements obtained from witnesses and put into writing promptly in order to insure the integrity of the investigation.

Schools are required to report injuries to Children’s Services, Molnar said.

School administration

The administration should follow conversation about a directive with something in writing, Molnar said. He also said that it is the administration’s responsibility to follow guidelines, procedures and the master contract—to insure the integrity of any investigations and fairness to all staff members.



For more information, see the affidavit of Molnar ( 696.81 KB PDF).

Religion in the Public Schools

One of the stipulations in the partial settlement reached between the Dennis family and the Mount Vernon Board of Education was that the school system was to provide training to teachers on state and church issues.

Back in August of 2009, two attorneys—David Millstone and William Steele—gave a presentation to the teachers titled “Religion in the Public Schools.” (At some point there is to be a second presentation on the issue by Melissa Rogers, director of the Center for Religion and Public Affairs at Wake Forest University Divinity School.)

(The presentation given to Mount Vernon City Schools’ teaching staff last year.)

Although the August 2009 presentation was previously reported on by the Mount Vernon News, for those interested in more details about the presentation and the viewpoints of the school district’s attorneys, the following is a copy of the computer slides used for the presentation:

“Religion in the Public Schools” (1331.2 KB PDF).

(In response to a request from AccountabilityInTheMedia.com, Millstone provided clarification on a couple points—see copy of email (80.68 KB PDF). )

On the topic of religion in the public schools, a federal judge earlier this year handed down a strongly worded decision:

“Ironically, while teachers in the Poway Unified School District encourage students to celebrate diversity and value thinking for one’s self, Defendants apparently fear their students are incapable of dealing with diverse viewpoints that include God’s place in American history and culture.

“But to assert that because [Bradley] Johnson was a teacher, he had no First Amendment protections in his classroom for his own speech would ignore a half-century of other Supreme Court precedent.”

The decision is worth reading in its entirety:

Bradley Johnson vs. Poway Unified School District, et al. (105.13 KB PDF)

Freshwater Controversy in Episode of Law & Order

The season finale of the police and legal drama Law & Order deals with teachers who have had their careers harmed by “nuisance complaints” from students.

One of the teachers included in the episode “Rubber Room” shares something in common with suspended Mount Vernon Middle School teacher John Freshwater—he was accused of branding a cross onto a student with a Tesla coil.

During the course of the episode, the police interview several teachers who might be able to provide a lead on a suspect. All of the teachers tell stories about being wronged by the system. The first teacher the police talk with is science teacher Ron Kozlowski:

Teacher: “It’s absurd, I didn’t brand anybody. You know what a Tesla coil is?”

Investigator: “Yes. [pointing] That.”

Teacher: “Correct. I assume you know what it does?”

Investigator: “It generates an electrical current.”

(A teacher on  Law & Order, “Rubber Room,” describes using the Tesla coil on students.)

Teacher: “Good job. Last year, as I’ve done hundreds of times before, I did a little demonstration by passing the current over the arms of my students, left a little redness on the skin. Next thing I know there is a complaint filed that I ‘branded crosses.’ I was suspended pending an arbitration.”

Investigator: “One of your students wrote about you on his blog. He said you were a church freak.”

Teacher: “I’m a religious person, I don’t make any bones about that.”

Investigator: “We’re trying to identify the student who wrote this about you on his blog.”

Second investigator: “He probably gets A’s in English, drives a silver Honda.”

Teacher: “No. Doesn’t ring a bell.”

Investigator: “What about the student who filed the complaint, you have his name?”

Teacher: “There was more than one student. The Department of Education wouldn’t tell me their names. Sorry you had to drive all the way out here.”

Investigator: “Sorry you ended up out here.”

Teacher: “After four months of suspension I quit New York and took a job here. Half the salary, twice the commute, but at least I’m teaching.”

A person with the username "seabiscuit" on mvohio.net pointed out the connection between the Law & Order episode and the local controversy. "How about that!" seabiscuit wrote. "This situation has now been woven into a television show!"

Student Testimony—John Freshwater Addresses School Board

John Freshwater told the Mount Vernon Board of Education that he believed the board was not being updated on the testimony from his hearing.

During Monday’s board meeting, Freshwater summarized the recent testimony of ten students.

The ten students were from the same class as Zachary Dennis, Freshwater said.

Freshwater supplied the board with copies of the affidavits from the witnesses.

Board members did not respond to Freshwater’s comments but did allow him additional time beyond the standard three minutes for public participation.




UPDATE—related documents:

Student affidavits (3.45 MB PDF).

The PDF contains the affidavits of most of the student witnesses that testified at the Freshwater hearing April 29-30, 2010.

UPDATE—related media coverage:

The following are two articles from the Mount Vernon News about the student testimony at the Freshwater hearing April 29-30, 2010:

“Freshwater: Source remains mystery”

“Students testify in Freshwater hearing”

Motion to Close John Freshwater Hearing—Jury May Be Influenced By Media Coverage

John Freshwater’s attorney is requesting that the administrative hearing be closed to the public and the media. In the motioned submitted Tuesday, attorney R. Kelly Hamilton expresses concern that the eventual jurors for the upcoming federal trial may be influenced by media coverage of the hearing:

“Upon each hearing date multiple media sources have attended the hearing and made report in various news outlets. The change in circumstances is presented in that potential jury members could be exposed to media reports that may unduly influence, create or lead to bias, detected or undetected through voir dire. The cognitive influences of primacy and recency potentially created by media reports could jeopardize John Freshwater’s position in the federal trial as eventual jurors may be influenced or biased as a result of the media reports emanating from the remaining hearing testimony to be taken in this matter. An example of such influence against John Freshwater is included as Exhibit A wherein John Freshwater received an unsolicited letter of opinion from a person not familiar to John Freshwater. Media attention in this matter has been constant and at this juncture the teacher, John Freshwater, may be further unduly harmed by uninformed recipients of journalism that is designed to sell news rather than accurately present a fair and balanced report.” (Emphasis added.)

In addition to concern about media influence on jurors, Hamilton stated that other reasons for closing the hearing are: “Articulated witness apprehension.” “The prospect of revealing the anonymous source identity.”

(Click here to read the motion.)

The hearing is set to resume on April 29, according to the Mount Vernon News. The hearing will be taking place at the Mount Vernon City Schools Central Office at 300 Newark Road.

UPDATE 4-28-10 at 4:20 p.m.:


The hearing scheduled to resume on Thursday will be open to the public. Referee R. Lee Shepherd issued his decision Wednesday on the request to close the hearing.

“There being no statutory rights to close (make private) a contract termination hearing once a public hearing has been requested, the teacher’s motion is denied,” Shepherd stated.

(Click here to view a copy of the decision.)