The following testimonies took place 9:09 a.m.—9:33 a.m. and 11:33 a.m.—11:50 a.m. on 6/08/10.
The witness, Marcia Orsborn, said that she “heckled” John Freshwater about the need to bring a Catholic priest to speak at the school’s Fellowship of Christian Athletes.
Mount Vernon Board of Education attorney David Millstone brought Orsborn and another witness to the hearing to testify about Freshwater’s involvement in FCA and to testify about an alleged statement made by Freshwater about Catholics.
A previous school board witness, Simon Souhrada, testified that he overheard part of a conversation in which he believed that Freshwater said “Catholics aren't Christians.”
Marcia Orsborn
Orsborn, a teacher at Mount Vernon Middle School for the past 29 years, said that her relationship with Freshwater was one in which they both engaged in “good natured teasing.”
Someone told her that Freshwater did not like Catholics, to which she said her reply was that she had no reason to believe that. The complaint did get her to thinking about who the speakers at FCA had been and that none of them had been from her church, St. Vincent de Paul.
Orsborn said that she went and asked Freshwater, one of the club’s monitors, why he had not brought a Catholic speaker to FCA. Freshwater’s response, according to her, was that he would have to check his Bible. Orsborn then asked him what his Bible would say about that. Freshwater replied that he wasn’t sure that she was a Christian, Orsborn said.
After Freshwater’s reply, Orsborn said that she made the “L” loser sign with her hand and said, “Whatever, John.”
As time went by, she kept, in her words, “heckling” Freshwater about having a Catholic speak at FCA. Eventually, she said, Freshwater told her to go ahead and contact a priest about speaking.
Orsborn said she called the church and spoke with Father Mark Hammond’s secretary Shirley Lower. When Hammond did end up speaking at FCA, she said that she didn’t attend the meeting but that she did go to the room and thank him for coming.
Freshwater’s attorney, R. Kelly Hamilton, showed Orsborn a speaker request form filled out by a couple of students regarding having Hammond speak at FCA. Orsborn said that she doesn’t know what transpired after her initial call to the church and that she has no reason to dispute that the students sent an invitation to Hammond.
Orsborn said that she did not do any research into how FCA was run but that she assumed Freshwater was responsible for the speakers. (Teachers that monitor FCA are supposed to leave the inviting of speakers to the students.)
Hamilton asked Orsborn several questions about her knowledge of Freshwater and his family’s interaction with Catholics.
Orsborn said that she did not know that Freshwater’s daughter Jordon had dated someone from her church. She did not know that Freshwater transported someone to her church that needed a ride. She also did not know that Freshwater’s son Luke went to a Catholic college.
Freshwater never talked about his church background but Orsborn said that she knew where he attended because she taught Freshwater’s three children.
Orsborn said that Freshwater never made the statement “Catholics aren’t Christens.”
According to Orsborn, the Dennis family—who brought the primary complaints against Freshwater that resulted in the hearing—also attends St. Vincent de Paul.
Father Mark Hammond
Hammond said that to the best of his recollection it was Freshwater who asked him to speak at FCA. He did not recall Orsborn or any students talking with him about coming to FCA.
Hammond admitted that his recall of the events is not good.
Although he schedules his own calendar, Hammond said it was possible that someone contacted one of his secretaries.
Hammond said that Freshwater either called him or approached him at a banquette that was held for Care Net Pregnancy Services. He did not recall whether Freshwater’s pastor, Don Matolyak, introduced him to Freshwater.
No one told him what to say at FCA, Hammond said, but he believed that he was there to share about the Catholic faith. He said that when he spoke he tried to clear up misunderstandings about Catholicism and help the students understand that Catholics believe many of the same things as Protestants.
Hammond said that of the three sessions he held at FCA, Freshwater only attended one. Hammond said that he was the one that prayed and that he does not recall Freshwater praying at the meeting.
Tuesday, June 15, 2010
Monday, June 14, 2010
Rebuttal Witnesses Testify About Documents in Freshwater Hearing
The following testimonies took place 3:31 p.m.—4:41 p.m. on 6/07/10.
Mount Vernon Board of Education attorney David Millstone brought two experts as rebuttal witnesses to testify about documents in the John Freshwater hearing.
Harold F Rodin
Harold F. Rodin, a certified questioned documents examiner, said that the handwriting at the top of the school board’s exhibit number 91— “Reaching for the Sky”—was made by Freshwater.
Rodin based his conclusion on what he said were similarities between several of the letters in the document questioned and in the sample of Freshwater’s handwriting he was given.
The magazine article “Reaching for the Sky” was published in 1988 in Science World. The writing on the document contained references to the biblical story of the Tower of Babel.
Rodin admitted that he did not examine the original document that had the handwriting. He said that when an original is available it is preferred but is not necessary.
The original of the article was found in storage after an anonymous tipster sent a letter to Freshwater. No writing, however, was on the top of the article.
When Freshwater and his attorney, R. Kelly Hamilton, were able to review the storage room full of stuff, earlier this year, they found multiple copies of the article. Those copies—except for a photocopy that was already labeled “Bd 91”—did not contain the writing at the top.
(Multiple copies of the article, minus the handwriting, were found with Freshwater’s classroom stuff.)
For more information, see the section “Reaching for the Sky” in the article “John Freshwater Testifies About ‘Truckload’ of Information.”
Rodin said that he could not tell whether the document was used in the public school classroom.
John Liptak
John Liptak, a computer forensic expert, testified about the authenticity of several emails.
One of the emails—school board exhibit number 22—had been described by a previous witness, Ricky Warren, as looking like it was altered.
The email was a reply by Warren to an email sent through Freshwater’s account. The content of the email is about Warren coming to speak at a Fellowship of Christian Athletes meeting. Freshwater’s daughter, Jordan, previously testified that she was the one who invited Warren to speak at FCA.
Liptak said that he observed a local IT person restore a November 2009 backup of the school’s email system. He said he then took a copy back to his lab and examined the data.
Liptak said that he found a copy of Warren’s email within Freshwater’s account that matched that of the copy used as an exhibit in the hearing.
(A copy of the email was found among Freshwater’s classroom stuff already labeled as “BOARD EXHIBIT – 22.”)
Upon questioning from Hamilton, Liptak said that the electronic copy does not have a three-hole punch along the left margin.
Liptak said that his company probably also obtained a copy of the hard drive on Freshwater’s classroom computer but that he was not involved in that task.
Liptak said that he did not examine who had access to Freshwater’s account.
Mount Vernon Board of Education attorney David Millstone brought two experts as rebuttal witnesses to testify about documents in the John Freshwater hearing.
Harold F Rodin
Harold F. Rodin, a certified questioned documents examiner, said that the handwriting at the top of the school board’s exhibit number 91— “Reaching for the Sky”—was made by Freshwater.
Rodin based his conclusion on what he said were similarities between several of the letters in the document questioned and in the sample of Freshwater’s handwriting he was given.
The magazine article “Reaching for the Sky” was published in 1988 in Science World. The writing on the document contained references to the biblical story of the Tower of Babel.
Rodin admitted that he did not examine the original document that had the handwriting. He said that when an original is available it is preferred but is not necessary.
The original of the article was found in storage after an anonymous tipster sent a letter to Freshwater. No writing, however, was on the top of the article.
When Freshwater and his attorney, R. Kelly Hamilton, were able to review the storage room full of stuff, earlier this year, they found multiple copies of the article. Those copies—except for a photocopy that was already labeled “Bd 91”—did not contain the writing at the top.
(Multiple copies of the article, minus the handwriting, were found with Freshwater’s classroom stuff.)
For more information, see the section “Reaching for the Sky” in the article “John Freshwater Testifies About ‘Truckload’ of Information.”
Rodin said that he could not tell whether the document was used in the public school classroom.
John Liptak
John Liptak, a computer forensic expert, testified about the authenticity of several emails.
One of the emails—school board exhibit number 22—had been described by a previous witness, Ricky Warren, as looking like it was altered.
The email was a reply by Warren to an email sent through Freshwater’s account. The content of the email is about Warren coming to speak at a Fellowship of Christian Athletes meeting. Freshwater’s daughter, Jordan, previously testified that she was the one who invited Warren to speak at FCA.
Liptak said that he observed a local IT person restore a November 2009 backup of the school’s email system. He said he then took a copy back to his lab and examined the data.
Liptak said that he found a copy of Warren’s email within Freshwater’s account that matched that of the copy used as an exhibit in the hearing.
(A copy of the email was found among Freshwater’s classroom stuff already labeled as “BOARD EXHIBIT – 22.”)
Upon questioning from Hamilton, Liptak said that the electronic copy does not have a three-hole punch along the left margin.
Liptak said that his company probably also obtained a copy of the hard drive on Freshwater’s classroom computer but that he was not involved in that task.
Liptak said that he did not examine who had access to Freshwater’s account.
Former Assistant Principal Testifies about Photos of Freshwater’s Classroom and Lab
The following testimony took place 2:10 p.m.—2:46 p.m. on 6/07/10.
The pictures taken of John Freshwater’s classroom and lab focused on potentially religious items. “I could have taken more pictures, but I wasn’t asked to document everything in his classroom,” said Brad Ritchey, former Mount Vernon Middle School assistant principal.
Ritchey said areas he did not photograph “were not as concerning.”
Ritchey photographed the Bible on Freshwater’s desk, the poster of George Bush and Colin Powell, the Ten Commandment poster, a Cross Club sign, the “Good Thinking and Ten Commandment” book covers and several small posters in the lab area.
Ritchey was brought to the hearing as a rebuttal witness by school board attorney David Millstone.
An expert witness, Michael Molnar, previously testified that the items in Freshwater’s classroom were not part of a “religious display.”
Posters in lab area
There were 14 lab stations with two doors above each one—on the doors were posters about the size of oversized index cards.
Principal Bill White previously testified that there were verses written below the statements on the posters. “There were papers posted around on the cupboards that had what I would refer to as study skills or those types of things at the top,” White said, “and then at the bottom there was a biblical verse and reference that went with each one of them.”
Pictures were not taken of all of the lab stations.
Ritchey testified that, as best as he can recall, not all of the lab posters had Bible verses.
The only close-up photo that Ritchey took was of a poster that did have a Bible verse but, Ritchey said, he thought there was more than one poster like that.
Freshwater’s attorney, R. Kelly Hamilton, showed Ritchey a photo sent to Freshwater by the anonymous tipster.
In the photo—according to Freshwater’s previous testimony—is one of the posters Freshwater had in the lab area. In large print is the statement, "You can build a throne with bayonets but you can't sit on it for long." Below that in smaller print is, “‘What you do not want done to yourself, do not do to others.’ Confucius.”
Ritchey agreed that the poster in the photo might be the type of thing that was on the rest of the posters.
Freshwater previously testified that the original of the lab poster, as well as the other lab posters, has yet to be found. The posters were not located among the items discovered in the storage room at the school district’s central offices.
Ritchey said that he believes the items that were in Freshwater’s classroom were “unlawful.”
Fellowship of Christian Athletes
Ritchey said that he was in a meeting with White and Freshwater regarding the student club Fellowship of Christian Athletes. According to Ritchey, Freshwater raised his hands during the meeting and told them that he might have done the same during FCA.
Ritchey said that Freshwater did not mention anything about having said “amen” so that the FCA students could go on to class.
(For Freshwater’s side of the story, see the section titled “Fellowship of Christian Athletes/Alleged exorcism” in the article “John Freshwater: Investigation Didn’t Follow Contract.” )
Ritchey did attend a few of the FCA meetings but did not see a problem with Freshwater’s handling of his role of monitor. He said that he never spoke with the pastor or the students that were at the meeting in which student Zachary Dennis said Freshwater raised his hands and prayed.
Tesla coil
Ritchey said that he and White did have the authority to write the January 22, 2008 letter to Freshwater regarding the Tesla coil.
During the meeting he was at with Freshwater, White did not direct Freshwater to destroy the Tesla coil, Ritchey said.
Ritchey also said had there been an allegation of a student’s arm being held down during the Tesla coil demonstration he would have remembered such a claim.
Ritchey said that he did not remember taking any notes of the meetings with Freshwater.
The pictures taken of John Freshwater’s classroom and lab focused on potentially religious items. “I could have taken more pictures, but I wasn’t asked to document everything in his classroom,” said Brad Ritchey, former Mount Vernon Middle School assistant principal.
Ritchey said areas he did not photograph “were not as concerning.”
Ritchey photographed the Bible on Freshwater’s desk, the poster of George Bush and Colin Powell, the Ten Commandment poster, a Cross Club sign, the “Good Thinking and Ten Commandment” book covers and several small posters in the lab area.
Ritchey was brought to the hearing as a rebuttal witness by school board attorney David Millstone.
An expert witness, Michael Molnar, previously testified that the items in Freshwater’s classroom were not part of a “religious display.”
Posters in lab area
There were 14 lab stations with two doors above each one—on the doors were posters about the size of oversized index cards.
Principal Bill White previously testified that there were verses written below the statements on the posters. “There were papers posted around on the cupboards that had what I would refer to as study skills or those types of things at the top,” White said, “and then at the bottom there was a biblical verse and reference that went with each one of them.”
Pictures were not taken of all of the lab stations.
Ritchey testified that, as best as he can recall, not all of the lab posters had Bible verses.
The only close-up photo that Ritchey took was of a poster that did have a Bible verse but, Ritchey said, he thought there was more than one poster like that.
Freshwater’s attorney, R. Kelly Hamilton, showed Ritchey a photo sent to Freshwater by the anonymous tipster.
In the photo—according to Freshwater’s previous testimony—is one of the posters Freshwater had in the lab area. In large print is the statement, "You can build a throne with bayonets but you can't sit on it for long." Below that in smaller print is, “‘What you do not want done to yourself, do not do to others.’ Confucius.”
(A photo provided by the anonymous tipster to Freshwater.)
Ritchey agreed that the poster in the photo might be the type of thing that was on the rest of the posters.
Freshwater previously testified that the original of the lab poster, as well as the other lab posters, has yet to be found. The posters were not located among the items discovered in the storage room at the school district’s central offices.
Ritchey said that he believes the items that were in Freshwater’s classroom were “unlawful.”
Fellowship of Christian Athletes
Ritchey said that he was in a meeting with White and Freshwater regarding the student club Fellowship of Christian Athletes. According to Ritchey, Freshwater raised his hands during the meeting and told them that he might have done the same during FCA.
Ritchey said that Freshwater did not mention anything about having said “amen” so that the FCA students could go on to class.
(For Freshwater’s side of the story, see the section titled “Fellowship of Christian Athletes/Alleged exorcism” in the article “John Freshwater: Investigation Didn’t Follow Contract.” )
Ritchey did attend a few of the FCA meetings but did not see a problem with Freshwater’s handling of his role of monitor. He said that he never spoke with the pastor or the students that were at the meeting in which student Zachary Dennis said Freshwater raised his hands and prayed.
Tesla coil
Ritchey said that he and White did have the authority to write the January 22, 2008 letter to Freshwater regarding the Tesla coil.
During the meeting he was at with Freshwater, White did not direct Freshwater to destroy the Tesla coil, Ritchey said.
Ritchey also said had there been an allegation of a student’s arm being held down during the Tesla coil demonstration he would have remembered such a claim.
Ritchey said that he did not remember taking any notes of the meetings with Freshwater.
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