John Freshwater Didn’t Call Media for Gathering on Square

The following testimony took place on 3/27/09—this article relies on the official hearing transcript for details of the testimony.

The Mount Vernon middle school teacher who refused to remove the Bible from his desk has been criticized by some as trying to seek attention. During testimony in March in an ongoing hearing, information came to light that it was another local resident who called the media.

Jeff Cline, who described himself as one of John Freshwater’s “Christian brothers,” said that he was the one who called the media. The television stations he said he called were “Four, six, and ten.” He also said he thought he was the one who contacted the Associated Press.

The gathering was held April 16, 2008 on the public square of downtown Mount Vernon, Ohio. Freshwater read a statement explaining why he was not going to remove his personal Bible off his classroom desk. Mount Vernon News reported on the gathering in the article “Crowd shows support for MV science teacher.”

(It wasn’t until after the gathering that other allegations against the teacher emerged. See Mount Vernon News article “Teacher conduct subject of investigation” )

Attorney for Freshwater, R. Kelly Hamilton, asked Cline what his impression was—based on observation, experience and discussion—of whether or not Freshwater would have participated if he knew the media would be there. “John wouldn't have been there that day,” Cline said. “John wouldn't have put that together.”

Cline also stated that Freshwater had no role in inviting people to attend the gathering. Cline said he had no knowledge of whether or not it was Freshwater who wrote the statement that Freshwater read to the crowd.

It was from having a conversation with Freshwater that Cline learned Freshwater was being ordered to remove his Bible.

On the day of the gathering, Cline described Freshwater as not being his usual cheerful self. “John's always pretty much happy, smiling, just very upbeat and positive type person,” Cline said. “That day I could tell just the -- he looked terrible. The sight of him, just the tears in his eyes and the quivering in his voice, just a total different John that I'd ever seen. He was fearful.”

Cline explained the reason for Freshwater’s demeanor as being the concern over the Bible. “[He was fearful of] Losing his Bible from his desk, somebody taking that prize possession of his, that Bible,” Cline said.

Time for school board to stop charade — John Freshwater controversy

Community members expressed their disappointment with the Mount Vernon City Schools, Ohio, Board of Education at their June 15, 2009 meeting.

In the last nine months only one person—Ron Meharry—has spoken out in the meetings in favor of the school board’s handling of the controversy.

School board members did not give any response in the meeting to what the public had to say.

The Mount Vernon News has posted an article about the meeting, "Citizens square off with MV school board."

Opinions expressed are those of the individuals expressing them.


Steve Thompson



Levi Stickle

Click here for the text of Levi Stickle's comments.


Dee Briggs



Bob Brayton



Jeff Cline
Click here to view the video of Jeff Cline’s comments. (I removed it as an embedded video because I wasn’t sure that it was related to the topic of Mount Vernon Middle School.)

School Board “quashed” Subpoenas in the John Freshwater Hearing

Three members of the Mount Vernon City School District Board of Education have refused to comply with subpoenas to testify and turn over documents in the John Freshwater hearing, according to a document obtained from the Court of Common Pleas Knox County, Ohio.

Those named in the document—“Application to compel attendance of witnesses in the employment hearing of John Freshwater”—are Ian Watson, Jody Goetzman and Margie Bennett. In addition to those already subpoenaed, the application requests that board member Sharon Fair be required to testify and turn over documents.

The application—dated June 2, 2009—was submitted to the court by R. Kelly Hamilton, attorney for Freshwater. It states that the subpoena for documents from Watson was as early as February 27, 2009. The three board members—Watson, Goetzman and Bennett—were submitted with subpoenas, to testify, in March and April of 2009, according to the application.

Freshwater, according to the application, was told in May that the board members would not be appearing to testify:

“In an email dated May 6, 2009, legal counsel for employer advised Petitioner John Freshwater the school board had ‘quashed those subpoenas and neither individual will be appearing.’ On May 7, 2009, counsel for Petitioner and counsel for the school board discussed the statutory process for compelling the presence of witnesses desired by Petitioner with acknowledgment by referee who was appointed by the the (sic) superintendent of public instruction. Counsel for the parties, with acknowledgment by the referee, agreed Petitioner John Freshwater would make this Application pursuant to R.C. 3319.16 seeking to compel the production of documents and appearance of witnesses.”

The application cites portions of the Ohio Revised Code 3319.16:

“Both parties may be present at such hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the treasurer of the board.

“In case of the failure of any person to comply with a subpoena, a judge of the court of common pleas of the county in which the person resides, upon application of any interested party, shall compel attendance of the person by attachment proceedings as for contempt.”

At this time, it is not known why the school board members mentioned above are refusing to comply with the subpoenas. (Request for comment from them has been made—if and when they reply, this article will be updated with their response.)

The application submitted to the court by Hamilton makes no mention of the school board members submitting a request to have their subpoenas quashed by the court. Presumably, if the school board had submitted a quash request to the court, Hamilton’s document would have been identified as a response instead of “Application to compel attendance of witnesses in the employment hearing of John Freshwater.”

Did the school board members try to “quash” the subpoenas themselves instead of requesting a judge to do it?


UPDATE 6/18/09:

For the school board’s side of the story, see the article “School Board Gives Reason for Not Complying With Subpoenas.”