Update Sept 21: In the comments there is some speculation about the strategy being followed by Kelly Hamilton, John Freshwater's attorney. Thursday of last week, the 17th, Hamilton and Freshwater were interviewed on a
radio program hosted by
David Barton, notorious revisionist pseudo-historian who is in the process of polluting social studies standards in Texas. Late in the interview (there are no time markers) Hamilton explains his motivation for taking Freshwater's case:
Everybody in this world is given an opportunity to be obedient at any given time, and it just so happens that I've known for several years prior to this event taking place that God made it very clear that one day I would be arguing about the First Amendment as it relates to His Bible. I've known this and I can't wait to share that with others. But, you know, for anybody that doubts God's intervention in this particular matter, they simply have to recall chapter 6 in Ephesians and the spiritual battle and the [bounty?] that is being fought. The symbolism is so great in this particular case. Recognize that "fresh water," of course, represents baptism, and that's exactly .. that's John's last name. There is a .. the opposing attorney in this particular case, his last name is Millstone. All you need to do is go to the book of Luke, and when you take a look at the book of Luke it will say, you know, "It would be better for someone to put a mill stone around their neck than to keep these little ones from me." Then, of course, the judge's last name in this particular case, his last name is Shepherd. So you start putting some of the symbolism together just on the names, you start to see some of the unique intervention that God has had in this particular matter.
There you have it. It's a done deal. It's all in the names.
Note also that Hamilton throws in some snark alleging the family who brought the affair to light were just after money. Recall that they
settled their suit with the district for $5,500 and costs. Big money, all right. Hamilton's gratuitous snark came
after the announcement of the settlement.
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Original post
As is obvious, the administrative hearing on John Freshwater's appeal of the decision of the Mt. Vernon Board of Education to terminate his employment as a middle school science teacher did not resume on Sept 10, as had been previously hoped. The hold up is Freshwater's request that the Ohio Supreme Court
issue a writ of mandamus that compels (at least) two members of the Board of Education (Jody Goetzman and Ian Watson) to testify in the hearing.
To recap the other legal proceedings associated with the situation, last month a
partial settlement was reached between the Dennis family and the school district defendants in the federal suit the Dennis' brought against the district, several administrators, and Freshwater. Freshwater remains a defendant in that suit.
The
other federal lawsuit was brought by Freshwater against a range of defendants -- board members, administrators, and miscellaneous John and Jane Does. One defendant is David Millstone, the Board's attorney for the administrative hearing. As I
posted on Sept 2, on September 1 Millstone's attorney filed a motion with the federal court requesting that he be removed as a defendant. I've now got the text of Millstone's filing and memorandum of support (I suspect it'll be up on
the NCSE docs site soon), and it's more than a simple request to be removed as a defendant. Millstone is asking the federal court to impose sanctions and fees against R. Kelly Hamilton, Freshwater's attorney, arguing that Hamilton's inclusion of Millstone as a defendant as an "agent" of the Board of Education, when in fact he is a private attorney hired by the Board, violates the Federal Rules of Civil Procedure. The filing says
Defendant Millstone is moving the Court for sanctions and fees based on specific conduct by Plaintiff's [Freshwater's] counsel that violates Federal Rule of Civil Procedure 11. Plaintiff's Complaint against Defendant Millstone violates Rule 11 because it only serves to harass, cause unnecessary delay, or needlessly increase the cost of litigation. Further, the claims asserted against Defendant Millstone are not warranted by existing law and are not supported by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. (p. 2)
The rest of the 17 page document provides the support for the request for sanctions and fees. Millstone's attorney filed this motion after an attempt to resolve the inclusion of the Board's attorney as a defendant in Freshwater's lawsuit failed because Hamilton did not respond to a request to discuss the issue informally.
Hamilton's claims about Millstone in Freshwater's suit (
documents here) do seem a bit strange to a lay person. For example, Hamilton accuses Millstone of "conspiring" with the Board of Education. Erm, is a client consulting with its attorney engaging in a "conspiracy"? Seems a little weird to me, and is part of the basis for Millstone's request for sanctions and fees against Hamilton.
Actually, one begins to wonder if Hamilton is taking his legal cues from the
Thomas More Law Center. We all know how well that worked out for the Dover Area Board of Education. More seriously, something I've been watching for in the various twists and turns of this situation is some sign that Hamilton is getting coaching from the 'professional' creationist defense outfits. So far I see nothing that suggests that. Hamilton is apparently screwing it up on his own.
67 Comments
Wheels · 19 September 2009
Is Hamilton basically throwing out anything he and Freshwater can think of to see what sticks?
RBH · 19 September 2009
Paul Burnett · 19 September 2009
Kim · 19 September 2009
O well, as long as they are wasting money on lost cases like this, that money cannot be used for more damaging purposes....
Wheels · 19 September 2009
Mike Elzinga · 20 September 2009
Sheesh; it looks like these ID/creationists are trying to emulate a metastasized, inoperable cancer. Making sure the patient dies in the process.
robert van bakel · 20 September 2009
This comment has been moved to The Bathroom Wall.
Marion Delgado · 20 September 2009
I am much pleased. I absolutely called this ages ago. When the Freshwater people spun their conspiracy theory and said the school board's attorney was a major player in that conspiracy, I said that was unethical, disturbing, and likely to get R. Kelly Hamilton sanctioned. I believe it will stick. Going after opposing counsel legally is completely unprofessional and unethical, and that's been established law for centuries now, and in dozens of countries.
Steve Taylor · 20 September 2009
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ben · 20 September 2009
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Chip Poirot · 20 September 2009
I'm inclined to agree. The legal strategy employed in this case does strike me, as a non-lawyer, as one that is destined to fail.
It would make more sense to just go before the Board and the arbiter and provide Freshwater's defense.
As matters appear to me, just reviewing the record, the District didn't persecute Freshwater, in fact, it went out of its way not to fire him. The clear, proximate cause the district deciding to initiate action against him was the student filing a lawsuit.
The only thing that does (almost) make a little sense to me is that the attorney for the district engaged in ex parte communication with the outside personnel firm hired to investigate Freshwater. As I recall, he sent it back to the personnel firm two or three times asking for more information.
sswitaj · 20 September 2009
I would imagine that the board's attorney is conspiring with the board to defeat Freshwater. And Freshwater's attorney is conspiring with Freshwater to defeat the board.
Isn't that what lawyers do? Isn't that why you hire them in the first place? Wouldn't an attorney who's not conspiring against the other side be committing some kind of ethical breach?
stevaroni · 20 September 2009
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ben · 20 September 2009
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raven · 20 September 2009
mary · 20 September 2009
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RBH · 20 September 2009
Do not feed that troll, please. All responses are gone to the BW.
Thanks.
Flint · 20 September 2009
Maybe there's both a short term and a long term element to this strategy. The short term goal is to grind down the school board into a disposition more favorable to Freshwater. The long term goal (giving perhaps more credit than they deserve) is to do everything possible to maximize the dollar cost of firing anyone for such offenses.
The thought process can be heard from here: "Yeah, he's preaching in the classroom and having his students pray to Jesus and flunking biology students who don't give biblical test answers, BUT in the first place he's doing God's work as a true Christian should, and in the second place the last time we fired someone it costs us millions, forcing up taxes, causing the board to get voted out of office in favor of more creationists, and changed nothing fundamental. So let's ignore it."
RBH · 20 September 2009
RBH · 20 September 2009
And also probably in part what Flint said.
raven · 20 September 2009
KP · 21 September 2009
Re: the update. I think we've reached the throw-your-hands-up point where it is no longer worth dealing with this level of lunacy.
Dave Luckett · 21 September 2009
Seconded. Learned counsel has chug-a-lugged the koolaid and let go the things of Earth. Train wreck unfolding as we watch.
Frank J · 21 September 2009
DS · 21 September 2009
So, let me get this straight, God told this guy he would be fighting for justice. All the names are in the Bible somewhere with the guys on his side having all the good names, (even though you should always do what the shepard wants, the Bible says that), and all because the holy mission is to defend the "free speech" of branding students. RIGHT. Now why would God want you to brand students with an "X"? Does't say nothin bout that in the Bible, at least nothin good. On the other hand, if they are now admitting that the brand was a cross, then it makes perfect sense, at least in bizzaro world.
Look, you cannot claim that you are defending this guys religious freedm or right to preach in class as free speech. That is why he was fired, because that is illegal. Why doesn't the other attorney go on the radio and explain how God told him to fight against the liars who break the law and endanger students all while denigrating and misrepresenting the science they were hired to teach? How can these jerks claim the moral high ground here? Who would be dumb enough to fall for that? Who would give this guy money for a defense that can only cost tax payers more?
Chip Poirot · 21 September 2009
So in other words, this guy has no real interest in actually defending his client's interests before the school board. Instead of arguing the case, he's going for political grandstanding and praying that the composition of the school board changes.
In principle, there's nothing inherently wrong with using publicity and pressure to further a client's cause. But this seems to go beyond any effort to actually win and argue the case.
This guy strikes me more as a con man than a true believer. When it's over, Freshwater still won't have a job or a settlement, because this guy just won't go argue the facts and the law.
I can't say I feel sorry for Freshwater.
raven · 21 September 2009
raven · 21 September 2009
Waynef · 21 September 2009
The symbolism argument was very entertaining and he's obviously speaking to a very specific audience. I would venture to guess that he would not present this argument to the general public, unless he's attempting career suicide.
As an aside, I'm extremely grateful that my last name is not "Fierycaraccident".
Robin · 21 September 2009
Marion Delgado · 21 September 2009
Note to self: never hire an attorney as nutty as you are.
Marion Delgado · 21 September 2009
I also agree with Flint about the purpose. I think that's been clear for a while. Raising the cost of firing a teacher who violates the court rulings on teaching creationism is the main point.
Marion Delgado · 21 September 2009
raven:
Technically, the claim made by Freshwater is that he does NOT teach or support teaching intelligent design theory in science class. He is simply teaching the kids to critically evaluate evolution. This is in keeping with how the strategy has changed with various court decisions. Creationism was ruled unconstitutional, then creation science, then intelligent design. So now, the fundies are teaching "explore evolution" and "critically analyze evolution."
He is also seeking to separate the Bible in the class, his First Amendment right, the "Here!" to show evolution skepticism, and the Tesla coil. And the implication, without it being openly expressed, is that hundreds of kids and teachers have been buzzed with the coil, and the kid in question is a big fag for whining over a little red X you can barely see that goes away.
Flint · 21 September 2009
eric · 21 September 2009
bk · 21 September 2009
Paul Burnett · 21 September 2009
RBH · 21 September 2009
stevaroni · 21 September 2009
Just Bob · 21 September 2009
Just Bob · 21 September 2009
Crudely Wrott · 21 September 2009
What if instead of Freshwater, the name was Llipshitz? Or Tinkle?
What if instead of Millstone, the name was Cedar or Gladstone?
Do I take it that Hamilton's motivation and dedication to justice and the rule of law would have taken on different qualities and goals?
He ought to be glad they weren't all named Smith. Including Hamilton. He'd be speechless, apparently.
Wheels · 21 September 2009
James Hanley · 22 September 2009
fnxtr · 22 September 2009
There's a line in C. S. Lewis' science-fiction trilogy: "Not for nothing are you called Ransom".
But then these guys probably never read anything deeper than "The Screwtape Letters".
Debbie Henthorn · 22 September 2009
Marion Delgado · 23 September 2009
I will contribute a nominal sum to Freshwater's defense fund if Hamilton will make the Millstone and Freshwater name cases before a judge.
But it should be videotaped.
Sconnor · 27 September 2009
Then, of course, the judge’s last name in this particular case, his last name is Shepherd. So you start putting some of the symbolism together just on the names, you start to see some of the unique intervention that God has had in this particular matter.
Ha -- is it not perfectly obvious?
The judge MUST recuse himself because of his divine bias.
--S.
Marion Delgado · 28 September 2009
You know, my birth name was "Verily, every nubile virgin in john freshwater's church shall be sent, free of rainment and bearing on their heads 40 talents of gold each, to the home of this man."
I was usually called "Verily" for short.
Monado · 28 September 2009
I hope that was "on their backs" because a talent is a measure of weight and 40 talents would probably break their necks.
Is their anything in Lawyer Hamilton's previously published effusions that indicates he knew all this was coming before it happened, e.g. last year? Or is it strictly one of those "I knew that" rationalizations?
chip poirot · 28 September 2009
Dave Luckett · 28 September 2009
A talent is normally taken to be about 60 pounds, so forty talents is about a ton. Any virgin who can carry a ton on her head can walk free of rainment anywhere she likes, and I'd like to see the bozo that'd give her any trouble.
Just Bob · 28 September 2009
That's RAIMENT. "Rainment" I guess is what happened to all those wicked infants and unborn fetuses that the merciful god of love mercifully murdered in the time of Noah.
RBH · 28 September 2009
Marion Delgado · 29 September 2009
I'm not sure the details matter, as long as what you're saying sounds sufficiently Biblical. And I think Kelly and John agree with me.
Dave Luckett · 29 September 2009
It is in fact "rainment" - garments, clothing, especially rich apparel.
Just Bob · 29 September 2009
Dave Luckett · 29 September 2009
Well, there you go. Another bit of stuff I thought I knew shot down. Although it would appear that "rainment" is commonly used, as a google of the word shows, it would also appear that it is incorrect.
Kevin B · 29 September 2009
bk · 29 September 2009
Since Hamilton is an apparently self-taught expert at names, do you think he could tell what the slogan "With a name like Smuckers, it has to be good" is supposed to mean?
ben · 29 September 2009
SWT · 29 September 2009
Just Bob · 29 September 2009
Marion Delgado · 29 September 2009
As hilarious as all this is, it's interesting that Richard sees no signs of Thomas Moore-type coaching. (No way Discovery Institute would be that inept).
jane · 2 October 2009
seriously is a lawyer named R Kelly drawing attention to names??
Marion Delgado · 3 October 2009
To paraphrase Gandhi:
When it comes to the struggle against Evolution:
First they laugh at you.
Then they roll on the floor helplessly
Then you attack them once they've broken a few ribs.
sosman · 24 October 2009
Freshwater been in Russia lately?
"Quranic Verses 'Appear' on Baby's Body - Russians flock to see 'miracle' baby"
http://www.youtube.com/watch?v=rWLKdVlFbps