Update 7/11/09:
The situation surrounding the refusal to testify by the Mt. Vernon Board of Education members has been clarified. The
Mt. Vernon News reports that according to the Common Pleas judge, the Board of Education quashed the subpoenas for testimony by Ian Watson and Jody Goetzman on the (official) ground that they have no direct knowledge of the allegations made against Freshwater and could therefore only offer hearsay testimony. Quashing the subpoenas basically takes them out of existence, so there were no subpoenas be complied with and so the judge didn't order compliance with (now) non-existent subpoenas. (I know, I know: I tried to write a cleaner sentence, but I'm tired.) Further,
Since the matter is an administrative hearing, the judge said, the board has the legal authority to issue and quash subpoenas. He added that he has no grounds under law to overturn the board's decision to invalidate the subpoenas in this case.
R. Kelly Hamilton apparently called the Board Members because he is trying to make the case that there is a conspiracy against Freshwater in which some teachers, administrators, Board Members, and other unnamed people have been trying to get get rid of him for years. Don Matolyak, Freshwater's pastor,
made that allegation around the time the hearing began in October 2008:
In 2003, Freshwater asked the Mount Vernon school board if he and other teachers could "critically examine" evolution in class. The school board said no.
"From that point on, John had a bull's-eye on him," said Don Matolyak, Freshwater's pastor.
The board has carried out a vendetta against Freshwater because he wanted to teach alternative views to evolution, and that offended school-board members who believe in evolution, Matolyak said.
Pam Schehl's interview with the judge also clarified another matter that's been hovering out there:
The way the law is structured, Freshwater has the right to appeal whatever decision the board makes regarding his contract termination. If Freshwater does appeal to the court of common pleas at that time, the judge may or may not require additional testimony not presented during the administrative hearing.
So this process may well not be completed within the reign of the current monarch.
===============
A couple of developments should be noted. First, as you may recall, R. Kelly Hamilton, John Freshwater's attorney, subpoenaed two members of the Mt. Vernon Board of Education, Ian Watson and Jody Goetzman. They declined to testify, arguing that were they to testify they would have to recuse themselves from subsequently voting on the recommendation of the hearing referee, and that would leave the BoE short of a quorum and it would be unable to act on the recommendation. Hamilton asked the Knox County Court of Common Pleas to compel their testimony, but yesterday the judge declined to do so on the ground that he does not have jurisdiction. I don't yet know what Hamilton will do next.
Second, Freshwater has recently
amended his federal complaint (pdf) that was filed June 9, 2009, to include
213. Plaintiffs incorporate the foregoing paragraphs of this Complaint as if fully restated herein.
214. At the time of Defendants actions Plaintiffs John and Nancy Freshwater were married and continue to be married.
215. As a result of the wrongful and negligent acts of the Defendants, Plaintiffs were caused to suffer, and will continue to suffer in the future, loss of consortium, loss of society, affection, assistance, and conjugal fellowship, all to the detriment of their marital relationship.
Third, the session scheduled for tomorrow, July 10, has been postponed. The hearing is currently scheduled to resume July 24, but given the recent twitchiness of the schedule I'm not counting on it happening. Hamilton may appeal the Common Pleas court decision, and I have no idea how long that might take.
I
still have those 50 pages of notes to transcribe on the two days of hearings in May. I hope to get to that one of these days real soon now. :)
44 Comments
W. H. Heydt · 10 July 2009
So Freshwater is claiming the actions against him are not only instigated by the defendants of his suit, but that it's disrupting his marriage? Hmmm... Has his wife filed anything suggesting she's going to divorce him?
RBH · 10 July 2009
stevaroni · 10 July 2009
Frank J · 10 July 2009
robert van bakel · 10 July 2009
Stevaroni you are cruel.
However, they cannot divorce because god joined them. To divorce would breech god's law, hence instant hell, not withstanding the fact that he's a lying piece of shit.
Thanks RBH, I'm enjoying your unpaid (I think) covereage, you are doing us a decent turn by covering this circus with such dilligence, cheers, if I could buy you a beer I would.
Rob.
stevaroni · 11 July 2009
RBH · 11 July 2009
stevaroni · 11 July 2009
RBH · 11 July 2009
KP · 12 July 2009
Marion Delgado · 12 July 2009
Richard thanks heaps, again, for these reports. They're almost as addicting as stuff from Dover, for some reason.
You know, Jesus DID say to stay married, and did NOT say turn every school into a Christian theocracy. So if that's the choice Freshwater has, going off quietly and meekly with his helpmeet is more along WWJD lines than dumping her to punish the school system he says he loves with millions of dollars in court costs.
Marion Delgado · 12 July 2009
Okay, bright red ginormous glaring comment failed to submit means the opposite. Got it. good old blogging software.
Frank J · 12 July 2009
snaxalotl · 12 July 2009
actually, the omniscient god thing provides an interesting theological "out" ... the analogous situation is this: in most loony evangelical traditions, when someone is "saved", they are saved indelibly and eternally. however, when saved people wake up and walk away from the church, this presents no problem to the self-serving logic of christianity; it merely demonstrates that person was not, in fact, saved in the first place because they obviously had some subtle lack of commitment, devotion, or visitation by the holy spirit. so, the point about marriage: obviously not merely the act of a minister, it requires a joining by god. But if god is omniscient, he obviously has the ability to decline to join a couple who are fated to break up. Ipso facto, a divorce does not violate what god doesn't want assunder; if you choose to believe so, a divorce is always retrospectively a separation of people who were never joined by god at all
raven · 12 July 2009
The divorce rate for fundie xians is higher than the national average.
The percentage of religious school graduates who get abortions is higher than the national average also.
These clowns never walk their talk. It is called hypocrisy and they are doing it right and too much.
KP · 12 July 2009
Wheels · 12 July 2009
Matt Young · 12 July 2009
raven · 12 July 2009
RBH · 12 July 2009
For those interested, Freshwater, his attorney, and his pastor were interviewed for two hours on a Christian radio station in Columbus the 10th. The recordings are here. I haven't listened to them yet.
RBH · 12 July 2009
Comment test. Testing 1, 2, 3. End test.
mary · 12 July 2009
Thanks for the radio links!!
Anton Mates · 12 July 2009
Anton Mates · 12 July 2009
Just to clarify the above comment, there's certainly no requirement that a "loss of consortium" complaint be about sex; it can concern the loss of any sort of service provided by one spouse to the other. Medical care, gardening, doing the dishes, any such thing. Obviously, though, the judge and jury are more likely to be sympathetic if it's a more important service.
RBH · 12 July 2009
BTW, I should have credited finding the radio interview to a PT correspondent.
spudbeach · 12 July 2009
Just listening to the radio show linked above, and I don't think I'm going to be able to get through much of it before I puke.
Asked "How did this start?", Freshwater claims it started with the 2003 review of evolution. He claims that he was just following the Santorum amendment that "had the force of law" (direct quote!). Too bad that it doesn't have the force of law. (see http://en.wikipedia.org/wiki/Santorum_Amendment )
If he lies about that, I think he's liable to lie about anything. He just said "I didn't brand a child with a cross." Why should I believe him about that when he doesn't have a clue about the law?
RBH · 13 July 2009
Well, I listened to the whole thing. There was nothing new. They kept the framing (!) they started with: it's all about the one personal Bible on Freshwater's desk. But, of course, that's far from what it's all about.
The other bit of news was that R. Kelly Hamilton, Freshwater's attorney, said that they will appeal the ruling of the Common Pleas court mentioned in the OP above. That means it will be months before the next session of the hearing is held.
Marion Delgado · 13 July 2009
RICHARD:
I am transcribing the whole shebang.
For starters:
http://www.geocities.com/marion_delgado/Freshwater_Bernie_1.txt
And 2,3,4 as I get done with them.
It's a very interesting way to really hear something.
I PLAN TO HAVE THE WHOLE THING DONE BY SOMETIME TOMORROW
RBH · 13 July 2009
RBH · 13 July 2009
Before I forget, one other thing popped up in that broadcast that is a theme of Freshwater's case as presented by his attorney in questions in the hearing. It is whether anyone was "offended" by Freshwater's Bible (or other religious displays). But what is offended by sectarian religious displays in a public school is the Constitution. Religious displays in public schools are not prohibited because one or another person might be offended; they are prohibited because the state is not Constitutionally allowed to endorse any religious belief or position. If no one at all were "offended" by such a display it would still be prohibited. I really think that Freshwater and his allies do not understand that.
Marion Delgado · 13 July 2009
Change that to:
http://www.geocities.com/marion_delgado/Freshwater_Burney_1.txt
http://www.geocities.com/marion_delgado/Freshwater_Burney_2.txt
etc.
I was misspelling Burney because I only had the audio.
Marion Delgado · 13 July 2009
In order to get this done in a timely fashion, I am simply replacing the transcripts as they're edited and corrected, so feel free to re-download and replace any of the 4 parts. When I am done for real, I will post one big transcript.
Currently:
http://www.geocities.com/marion_delgado/Freshwater_Burney_1.txt Done
http://www.geocities.com/marion_delgado/Freshwater_Burney_2.txt Done
http://www.geocities.com/marion_delgado/Freshwater_Burney_3.txt Being edited.
http://www.geocities.com/marion_delgado/Freshwater_Burney_4.txt Incomplete.
But even the "Dones" are actually being edited.
Marion Delgado · 13 July 2009
One more thing: Other than the rights that WRFD and Bob Burney and John Freshwater and Kelly Hamilton and Don Matolyak reserve, I'm not reserving any. The transcripts I am making are free to download and edit and post somewhere else besides a Geocities URL :)
Marion Delgado · 13 July 2009
Richard:
All done. I left in all verbal tics, repetition, etc., that I could have perhaps cleaned up to make it more intelligible. Left out only uhs. It took less time to do it that way than to develop rules or guidelines :)
http://www.geocities.com/marion_delgado/Freshwater_Burney_ALL.txt
Has the whole thing.
RBH · 13 July 2009
Thanks!
There's no copyright notice at all on the downloads page, so as far as I can see (and I am not a lawyer!) there's no obstacle to the transcripts being on the web. However, I invite comment from qualified readers.
dogmeatIB · 14 July 2009
dogmeatIB · 14 July 2009
GvlGeologist, FCD · 14 July 2009
Henry J · 14 July 2009
Marion Delgado · 15 July 2009
A lot of law has stuff about offending community standards, actually.
and de facto, a lot of 1st am law depends on enough people filing
it doesnt entirely apply here but a little bit.
ps no dover villains here i.m.o. but definitely the next (critical/explore evolution) move in the chess game.
Matt Young · 15 July 2009
snaxalotl · 16 July 2009
oh my god! listened to the broadcasts (I have a new favorite radio show) and I cannot believe how utterly dishonest they are in describing the "half million dollar lawsuit over nothing other than having a bible on a desk".
phantomreader42 · 17 July 2009
sconnor · 19 July 2009
If anyone is interested I occasionally blog about that whack-job bob burney here: http://secularscott.wordpress.com/
He's another delusional christian who pretends to have knowledge of his imaginary god, based solely on his idiosyncratic interpretation of spurious scripture and flights of lunacy, which he uses to wallow in a bogus sense of authority.
--S.