Freshwater Case Goes Before Ohio Supreme Court
Below is the video of the oral arguments given in the Freshwater Case before the Ohio Supreme Court on Wednesday February 27th 2013
Freshwater files appeal
School Board Votes 4-1 to fire Freshwater.
The president of the Mount Vernon Board of Education had to prompt board members several times before one of the members offered to move to adopt the resolution to terminate John Freshwater’s teaching contract.
Paula Barone moved, seconded by Jody Goetzman, to fire Freshwater.
Steve Thompson was the only board member to vote against the resolution. Click here for more from Accountability in the Media...
Attorney Violates Federal Gag Order
The attorney was attempting to argue that the opposing attorney should receive sanctions—in the process, the attorney may have opened up the door for sanctions against himself. His mistake? In trying to prove his point, attorney Douglas Mansfield released information covered by a federal gag order.
Mansfield was fully aware of the nature of the information he released. The judge had issued an order stating that the documents Mansfield wanted to submit were to be “filed under seal.” for more go to http://www.accountabilityinthemedia.com/2010/07/attorney-violates-federal-gag-order.html
Allowing eighth-grade students to debate would give them the wrong impression of how science works, Patricia Princehouse said. Debating, she said, is used in politics but is not used in science. click here for more from Accountability in the Media
School Starts Rebuttal
This afternoon John Freshwater's attorney finished his case, and the school's attorney David Millstone started his rebuttal. Twenty months after the hearing started it appearers as if the end is in sight.
Student Was Not Burned, According To Medical Expert
The parents of Zachary Dennis were concerned enough to takepictures 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... CLICK HERE FOR MORE from Accountability in the Media.
School's investigation done incorrectly
Expert witness Michal Molnar, in the John Freshwater hearing, described how an investigation against a teacher, accused of harming a student, should be handled.
- Talk to parents and student and get written statement
- Talk to student without parents if permission is given (to make sure parents are not pressuring student to lie)
- Talk to teacher and get written statement
- Talk to everyone who could have been around when the incident happened
- At any point if it looks like the complaint was false the investigation would be dropped
- Contact Children's Services and they would take over the investigation
- Give Children's Services all written statements gathered and help them in any way possible in their investigation
Molnar went on to say that while this is how he would have done the investigation, it could be done differently but that if the school considers the complaint valid they are required by law to report it to Children's Services.
Ohio Revised Code 2151.421 states that a "...school teacher; school employee; school authority... who is acting in an official or professional capacity and knows, or has reasonable cause to suspect... that a child under eighteen years of age... has suffered or faces a threat of suffering any physical or mental wound, injury, disability..." is required to report it to Children's Services.
The Mount Vernon School did not follow this method in their investigation they:
- never talked to all of those present when the incident allegedly happened.
- did not get written statements from those they did talk to.
- did not contact Children's Services even though they thought that a child might have been harmed
Zach Dennis Lied Under Oath
fellow students say
Over the last two days of hearings in the John Freshwater case, ten students that were in Zach Dennis's 8th grade science class (2007-08) have said that Zach Dennis lied about several things under oath. When asked if Dennis's statement that, Freshwater had held down his arm during the Tesla Coil experiment, was true the students all said that Dennis was lying.
Other statements the students said Dennis would be lying (or said they didn't remember) if he said included;
- Freshwater holding his hands above Steven Zircle's head during an FCA meeting and performing an exorcism.
- Freshwater picking up his Bible during class.
- There being debates about Creation vs Evolution in class.
- Freshwater intentionally shocking a student in the back.
- Showing a video
called "the watchmaker" in class.
Some of the students went on to make these statements about Freshwater and his class room;
- I didn't know he even had a Bible on his desk until I heard about it in the news.
- When I heard he had a Bible on his desk, in the news, I looked for it and didn't see it.
- It[Freshwater's class] was my favorite class.
- [Freshwater] is a
- My sister was looking forward to having him [Freshwater] as her teacher but now she can't because she is already in the 8th grade
- I always struggled
with grades but after Freshwater's class science was my strong subject.
Information also avalible at;
New Evidence Still Being Found in Freshwater Case
Over two years after the case started new evidence is being found, such as on Jan 14th 2010 John Freshwater received an anonymous letter that said the School Board had been hiding some of John Freshwaters things from his room and included a few photos of some of the items. As a result of the anonymous letter the School Board brought out over 14 boxes of things that had been taken from Freshwater's classroom. Freshwater explained in his testimony on April 29th that his attorney Kelly Hamilton had issued a subpoena for any items from Freshwater's classroom (on Jan 12, 2009) and was only given a few arm full's of things. The photos in the letter showed items that the School Board brought out and some they haven't, among those were textbooks that would have had Freshwater's notes for teaching in them.
I will try to up load some of the documents and photos referenced here within a few days.
Yet Another Demonstration of Tesla Coil by Superintendent Short
Lori Hubble, the caregiver for one of John Freshwater's former students stated in her testimony this morning that Superintendent Steve Short demonstrated the Tesla Coil on a school desk.
Hubble said that in 2008 Short called her and asked to have a meeting. When she arrived Short and David Millstone were present. Short then demonstrated the Tesla Coil by showing it arc to a school desk, with her one year old baby and the students father watching.
Short went on to show them a video [The Watchmaker] which the student said he didn't remember seeing in class.
Referee Denies Motion to Close Hearing
Referee Lee Shepherd has denied Kelly Hamilton's motion to close tomorrow hearing in the John Freshwater case.
Christian Family Objects to Bible in Classroom
Bible on the desk
Up until five months ago, the Dennises attempted to distance themselves from the controversy surrounding the school’s order for John Freshwater to remove his Bible. The Dennis’ lawsuit in 2008 did not make mention of Freshwater’s personal Bible, instead it stated that the teacher “kept several Bibles in his classroom which were not for his personal use.” this is fromaccountabilityinthemedia.com click here for more...
Freshwater hearing to start up again
The John Freshwater hearing which has been on hold since Jan 15th will resume on April 29th. One of the reasons for the delay was 14+ boxes of items were found in the School Boards building, that had been removed from Freshwater's class room without his knowledge, and his attorney Kelly Hamilton needed time to examined them.
The court denied the Dennis family’s motion related to the claim of battery, and granted Freshwater’s motion as to the student’s consent for the electrical device experiment. Pretrial proceedings are planed for May 12 or 13; the trial against Freshwater is scheduled to begin May 24 in Columbus. 4/7/2010
Court denies Dennis family's claim
The court denied the Dennis family’s motion related to the claim of battery, and granted Freshwater’s motion as to the student’s consent for the electrical device experiment.
Pretrial proceedings are planed for May 12 or 13; the trial against Freshwater is scheduled to begin May 24 in Columbus.
Hearing delayed again
The next hearing day will be Feb 11th at Mount Vernon city schools central office (300 Newark Rd)
CFacts is a Creation Ministry started in 2007 by Levi Stickle. CFacts' Mission is to promote the fact that God created the world in six, 24 hour days, about six thousand years ago, using Science, History, and the Bible. Cfacts is based in Mount Vernon Ohio (central Ohio)