Freshwater Day 31: A School Board Member's Ethics Problem

Posted 15 January 2010 by Richard B. Hoppe

The 31st day of the administrative hearing on whether John Freshwater should be terminated as a Mt. Vernon Middle School science teacher was supposed to be today, but after 2 hours and 15 minutes of private conferences among the attorneys and referee the hearing was abruptly adjourned until January 22, 2010. In addition, I have learned that a new member of the Board of Education, Steve Thompson, has started engaging in private efforts to produce a settlement without authorization or discussion by the Board of Education, thereby exposing the Board to significant legal jeopardy. Both are described below the fold. Another Postponement The full text of the statement made for the record by the referee was as follows (courtesy of the court reporter). This is the entirety of the on-the-record proceedings today:

We're going to go on the record here at 11:16 by the clock on the wall for the purpose of entering a statement, which I'm going to make, into the record that is as follows: "Even though this proceeding is not bound by the Civil Rules of Procedure, in the spirit of those it is my opinion that if we were to proceed today it very well might create an unfair advantage to one side or the other, and in an effort to avoid that circumstance, we're going to conclude the proceedings for today and reconvene one week from today, 9:00 a.m., Friday, January 22, 2010."

Neither the MSM reporters nor I were able to get any comment from the Board's attorney about what might have led to that statement. My own private opinion is that once again the dog ate R. Kelly Hamilton's homework: I suspect he was not ready for the Board's rebuttal case. Another hypothesis from a spectator at the hearing is that R. Kelly Hamilton, Freshwater's attorney, has "new information" and wants to re-open his case. I dunno. R. Kelly seems to think he's Perry Mason. On the schedule today was the windup of cross examination of John Freshwater and the beginning of the Board's rebuttal case. David Millstone, the attorney for the Board of Education, had a number of witnesses scheduled to testify today in the rebuttal case, including two former members of the Board of Education who were in office when Freshwater offered his Intelligent Design Network Objective Origins Science Policy to govern the science curriculum in biology, a proposal that was rejected by the Board of Education in 2003. Now all those witnesses and the witnesses scheduled to testify January 22 will have to be rescheduled. A Board Member's Ethics Problem Earlier this week two new Members of the Mt. Vernon Board of Education, Paula Barone and Steve Thompson, were sworn in. Thompson has been a public supporter of John Freshwater's efforts to retain his position and prevail in the various lawsuits that are under way. In fact, Thompson has been a member of a group formed specifically to raise money for Freshwater's legal defense fund, the so-called "Community Council for Free Expression." It is of no little interest that a link to that group which was formerly on a site called bibleonthedesk.com, set up to publicize Freshwater's side of the issue, has been removed, probably because attention was drawn to Thompson's conflict of interest during the Board election campaign. However, thanks to the Internet Archive that page is still available, and while the link has been removed the page is still accessible via the bibleonthedesk site. Just for the record I've archived that, too. So we now have a Member of the Mt. Vernon Board of Education who has been active in supporting and raising money for a legal case against the Board. AFAIK that's not legally problematic in and of itself--the voters can elect whoever they wish--but it raises a big red flag when that Member starts operating independently of the Board's policy in legal matters, and Thompson has done that. Within an hour after his first meeting as a member of the Board this week, Thompson himself initiated a private conversation with Steve Dennis, father of Zachary, in which he (Thompson) broached the idea of some sort of global settlement with Freshwater. He asked Dennis if he brought Dennis some kind of settlement proposal would Dennis entertain it. Dennis told Thompson that the family had already settled with the Board and in any case any proposed settlement should go through counsel. (Added in edit: See the elaboration below in comments.) Now think about that. We have a brand new member of the Board of Education, which is a defendant in a legal case brought by Freshwater, a member of the Board who was--and still is, as far as one can tell--a member of a fund-raising committee for Freshwater to support his legal actions against the Board of Education, and that Board member on his own hook initiates a private conversation about a potential legal settlement with another party to two federal lawsuits involving Freshwater. I wonder where Thompson learned about the legal and fiduciary responsibilities of members of Boards of Education, and I seriously wonder who the hell he thinks he is to broach that issue on his own after just one Board meeting at which nothing concerning the legal cases was discussed. I think the Board of Education needs to take a long and careful look at Thompson's continuing private activities on behalf of Freshwater while he is a member of that Board. Thompson should be required by the Board President to absent himself from executive sessions concerning the legal cases and to recuse himself from voting on those legal matters, since he is continuing his activities on behalf of a man who is suing the Board in federal court. Otherwise the Board and the school district will be exposed to significant legal jeopardy by his participation.

64 Comments

holycow · 15 January 2010

He mentions Mr Freshwater and settlement in this video too.

RBH · 15 January 2010

holycow said: He mentions Mr Freshwater and settlement in this video too.

Sorry. One can't embed video in comments. Youtube link for the video. Yeah, that was before Thompson was elected to the Board, but his intent seems clear.

LStickle · 15 January 2010

The acount I heard was that Steve Thompson left the board meeting with one or two other people and went to McDonald's. But Steve Dennis followed Thompson to McDonald's and initiated the conversation, in which Thompson said something to the effect that he would like to see this case come to an end.

RBH · 15 January 2010

Nope, Levi, it wasn't at McDonald's and Dennis did not initiate the conversation.

raven · 15 January 2010

How long before the new school board gets sued in federal court for violating the US constitution, separation of church and state?

Christofascist fundies hate the US and its constitution. It prevents them from violating everyone else's rights and running their lives for them.

IMO, it is inevitable, sooner or later. They've already made their intentions clear in Mt. Vernon; to turn the schools into a culture war battleground. What is the point of being a religious fanatic if you can't fold, mutilate, spindle, and destroy stuff while hating and lying a lot?

But the culture war battleground idea is OK if that is what they want. They usually alienate anyone remotely normal and lose anyway. Most people pay taxes and want the schools to be schools, not death cult xian religious indoctrination facilities. Dover/Kitzmiller anyone?

If this happened in my school district, I'd be at the front of the line to sue them. No kids in school, but my tax bill every year is phenomenal and much of it goes to the schools. And I've been in federal court before on civil cases and we won.

CMB · 15 January 2010

Hi Richard,
First of all, thanks for all of your detailed reporting on this Freshwater Fiasco. I live in Mount Vernon and my daughter is a former student of Freshwater's. I am very interested in this case but unfortunately have not been able to attend any of the hearings. I understand that it is very difficult to recall someone who was elected but Steve Thompson certainly seems to have an agenda that runs counter to his responsibilities as a board member. Are there grounds for filing a civil suit or criminal charges against him for malfeasance or something related?

RBH · 15 January 2010

CMB said: Hi Richard, First of all, thanks for all of your detailed reporting on this Freshwater Fiasco.

You're welcome. Nice to know I'm being read locally. [SNIP]

I understand that it is very difficult to recall someone who was elected but Steve Thompson certainly seems to have an agenda that runs counter to his responsibilities as a board member. Are there grounds for filing a civil suit or criminal charges against him for malfeasance or something related?

I don't know. I do know that some legal-type rumblings are out there, but I'm not sure what, if anything, will come down the pike. As of now the conversation I reported on is a "He said, he said" deal -- only two participants and I'm sure Thompson would have a different account of the encounter (see LStickle's comment above). However I believe Steve Dennis's account of the encounter, since he provided some peripheral details that I myself could and did verify.

DS · 15 January 2010

RBH wrote:

"Within an hour after his first meeting as a member of the Board this week, Thompson himself initiated a private conversation with Steve Dennis, father of Zachary, in which he (Thompson) broached the idea of some sort of global settlement with Freshwater."

Well I would be all for any settlement as long as it contained the following at a minimum:

1) Freshwater is terminated and never allowed to teach again in any public school

2) Freshwater pays all legal fees incurred

3) Freshwater issues a very public apology to the students he branded, their parents and the board of education for all of the unethical and dishonest behavior that he engaged in and his blatant disregard for common decency

That should be the very least he could do.

RBH · 15 January 2010

DS said: That should be the very least he could do.

Um, I don't think that's what Thompson had in mind. :)

raven · 15 January 2010

CMB: Are there grounds for filing a civil suit or criminal charges against him for malfeasance or something related?

IANAL, or Richard or in Mt. Vernon. But really, Steve Thompson has to do something illegal or civilly tortuous first, before the anyone sues. But don't worry. These clowns have a habit of shooting themselves in the foot with a machine gun. And if you give them some rope, they cheefully wrap it around their neck. It is a nihilism thing, I hope you don't understand it. There is usually a paper trail of some sort. For government and quasi-government bodies open meetings and paper trails are legal requirements. Just keep good records and watch as closely as possible. And don't worry. Fundies often get lawyers that are their intellectual equals, which is to say, not very good.

yum install Jesus · 15 January 2010

This comment has been moved to The Bathroom Wall.

robert van bakel · 16 January 2010

To see how these people would handle things without the Constitution to restrain them look no further than Uganda. The three evangelicals who went there to drum up some much needed African homophobia, would love to do likewise in your country.

No, the Freshwaters of the world have to be nailed legally. And when they are it's wonderful to see them squirm and realise there really is higher power, it's called the law.

Marion Delgado · 16 January 2010

They're usually unaware of when they're escalating a situation. This is definitely escalating.

ERJ · 16 January 2010

Another local reading ...

You knnow, it's nearly comical reading through. Nearly - since the education of thousands of students (including my children) is being held in the balance.

Example: State passes full day kindergarten, but the local systems must come up with the funding. And the amount of money needed in MVCS would nearly be covered by the legal fees of this administrative hearing.

I'm saddened that the voters did not pay attention to the not so hidden agendas during the BOE election and haven't had adequate covereage in the local media to be informed on the hearing. Even Mr Thompson seems to not be in the know as he's offering a settlement to a party who's already settled with the BOE.

Kim · 16 January 2010

Obviously, the election of Thompson to the board indicates where part of the My Vernon population wants it to go. I think those who voted for Thompson were fully aware of his actual agenda, and it is going to be a perfect legal mess from here out. They know darn well that Freshwater is the problem, but their fundie mind wants to win. Worse, they feel it bis mandated to keep de secularisation etc at bay, and they rather spend thousands of TAX dollars on defending that then to see they are at the wrong side. There is no ignorance at work here, there is a calculated effort to skew the problem to a certain direction.

RBH · 16 January 2010

RBH said: Nope, Levi, it wasn't at McDonald's and Dennis did not initiate the conversation.

Let me elaborate on that, having rechecked. Steve Dennis pulled into a Sunoco gas station next to a McDonald's, and Steve Thompson was in the lot of the McDonald's. Thompson walked over to the gas station to talk with Dennis. And once again, Thompson initiated the topic of a settlement.

m arie · 16 January 2010

So was he trying to buy Mr.Dennis off? Was he offering him money to just go away?

harold · 16 January 2010

Obviously, the election of Thompson to the board indicates where part of the My Vernon population wants it to go. I think those who voted for Thompson were fully aware of his actual agenda, and it is going to be a perfect legal mess from here out.

Actually, Kim and ERJ are probably both right. The usual tactic is to run as an ostentatious "Christian", but to keep the details of any agenda secret, or mentioned only in coded language. Some of the voters knew exactly what they were getting, but not necessarily of the people who voted for Thompson. I am a "civil rights extremist", and I very strongly respect the right of people to live as their conscience dictates, as long as they respect that right in others (I do not personally practice a religion). Having said that, the current Fox News version of Christianity basically has two contradictory aspects - 1) It's constantly implied that it's a license to do anything, as long as you ostentatiously "repent" later. Forgiveness of sin is part of all Christian theology, but taking this to mean that you have the privilege of violating any ethical norms any time you want and then canceling out responsibility with a magic formula is deeply degenerate, especially when this is combined with a tribalistic attitude that anything said or done by a "real American Christian" must be defended. Conveniently, "morality" for them consists of a set of arbitrary, cherry-picked, concrete "rules" with no underlying principles beyond obedience to authority (the "Golden Rule" is not one of the cherries they choose to pick). In Thompson's mind, he is entitled to literally do anything they want. His god only cares about a few simpleton taboos, and even if he violates those, a smirking "repentance" will set everything right. It's a religion for sociopaths, and the fact that this type of "Christianity" is widespread is a profound social pathology on US society. 2) Of course, even while openly adhering to the standard that "I did something wrong, but I conveniently repented, so I bear no responsibility", as we all see them do over and over again, adherents of this cult of convenience sit in pompous judgment of others and declare themselves morally superior. Intriguingly, a common critique of others is the ludicrous claim that those outside the cult have no "absolute morality", or that obedience to the cult is required to prevent "anything goes" social breakdown. This makes perfect sense when one realizes that it is projection. It is their own attitude - morality consists of a few simple-minded taboos, and I am personally entitled to violate even those - that they project onto others. Since any rational standard of decency is already implicitly denied merely by the adoption of such a religious stance, it's a small step to deny scientific reality. In fact, it occurs to me that denial of science may be an unconscious litmus test. You aren't really loyal to the cause until you are willing to engage in bald-faced denial of scientific reality.

RBH · 16 January 2010

m arie said: So was he trying to buy Mr.Dennis off? Was he offering him money to just go away?

No, he is trying to find a way for Freshwater to retain his job. There was no offer of money, but rather an inquiry about whether if Thompson offered a proposed settlement Dennis would entertain it. Thompson badly wants the affair settled on Freshwater's terms.

m arie · 16 January 2010

RBH said:
m arie said: So was he trying to buy Mr.Dennis off? Was he offering him money to just go away?
No, I think he is trying to find a way for Freshwater to retain his job. There was no offer of money, but rather an inquiry about whether if Thompson offered a proposed settlement Dennis would entertain it. Thompson badly wants the affair settled on Freshwater's terms.

Thanks for the reply. Im so interested in this case.

Gary Hurd · 16 January 2010

Thanks for your continuing efforts.

DS · 16 January 2010

RBH wrote:

"No, he is trying to find a way for Freshwater to retain his job."

I honestly don't see any way for that to happen now. First, if he goes back to teaching science, he will be under a spot light and other law suits are almost guaranteed to follow. There is no way this guy will ever change, especially if he thinks he can get away with this kind of behavior. Second, if the board gets nothing for all of the money spent on this, it will send a message that such behavior will not be punished. Once again, that almost guarantees more law suits against other faculty members who are no doubt ready and willing to repeat such deplorable behavior once they think there is a chance they can get away with it.

raven · 16 January 2010

I'm reading Matthew Chapman's book about Dover, Pennsylvania right now. My first time reading anything about Kitzmiller versus Dover.

1. The fundies knew that what they were doing was illegal.

2. They knew they would end up in court.

3. It is not clear whether they knew they would lose yet.

4. If they could do it again, the hardcore fundies would do it again.

Dover was a poor school district and the money it cost them was urgently needed elsewhere. These are the actions of disturbed adolescents. Any attention is interpreted as positive. Hey, look at me, I can destroy the school system.

Pathetic that the fundie xians will put pointless, expensive vandalism ahead of children and education.

"As you sow, so shall you reap." If Mt. Vernon wants to walk the well worn path to federal court and another loss, way it goes. Disturbed adolescents seeking attention often end up doing time in one facility or another.

Alex H · 16 January 2010

raven said: 3. It is not clear whether they knew they would lose yet.

They were told by the district's attorney that "you're going to be sued, and you're going to lose" according to the NOVA special on the case.

Flint · 16 January 2010

They're not targeting poor communities, they're targeting deeply religious communities. The fact that suitable communities tend to be poor, rural, less educated, etc. is just an unfortunate coincidence. Can't possibly be any causal connection there, can there?

The creationists don't yet seem to grasp the subtle distinction between a debate and a lawsuit. In each case, they get to pick the venue, they get to control the audience, they get to declare themselves the winners. Other differences seem regarded as minor, things like not getting to pick the judge, and having an unambiguous final outcome.

Thompson's election implies that the members of the community are more than willing to fight hopeless causes when their faith requires it. Their taxes may go up, but it keeps them out of hell.

veritas36 · 16 January 2010

Some fundies have the agenda of destroying the public schools. Then all the kids would have to go to their Xian schools.

I went to one attempt in the early 80s to require a 'balanced' view. A phalanx of bright young men came in with California tans and gorgeous suits and orchestrated lies. They got a couple of backwoods preachers to read their nonsense. Hardly any locals showed up independently, one lady in a bright pink suit speaking of 'hopeful monsters'.

OT: Heard on the radio yesterday that Pat Robertson is now worth a $Billion.

ERJ · 16 January 2010

If I may clarify the "to the not so hidden agendas during the BOE election".

Never in any interview did Mr Thompson say anything about his involvement on the board for Freshwater's fundraising. He made the whole campaign about a supposed $3 million deficit. When his involvement in the fund raising group was brought to light on a local online forum, that site disappeared. When questioned about his involvement directly, his answer was he hadn't actually served on the board actively.

So for those not paying close attention, here was a man saying the school system was in tremendous debt and he was going to use his business background to solve the problem - a non-existent problem. Because his campaign had money, he could air radio ads and send slick campaign info about this "debt", scaring people. (Never mind there was no operating levy on the ballot.)

People who'd been following the case knew what was the heart of the matter. Some knew his agenda and support it, some knew his agenda and didn't, and some had no idea what was going on other than what his campaign was saying.

He was smart enough to keep quiet about how close of ties he had to the Freshwater side ... not saying he wouldn't be on the BOE if he had, but I find it doubtful given the wider community's general disdain for burning children.

The fact he now sees himself brokering a deal between the BOE and the child's family in a gas station parking lot after a settlement between the two has been reached, shows very clearly how strong the other four board members will need to be for the next four years.

mountvernon1805 · 16 January 2010

RBH,

There is no law that prohibits a community member from talking with a school board member. While a board member cannot independently act on behalf of the board that doesn’t prohibit discussions with community members. Have you ever talked with a school board member?

I’m sure you, as someone who was on Paula Barone’s campaign committee, know that both Steve & Jenifer Dennis served on Barone’s committee. Considering that the Dennis family has an ongoing federal lawsuit against John Freshwater/Mount Vernon City Schools, do you also believe that Barone would have an ethical problem if she were to be in any “executive sessions concerning the legal cases”?

Do you think there is any conflict of interest for Barone due to her participation in the H.R. On Call investigation? What about her husband’s involvement with the Dennis’ website?

Also, do you believe that board members Dr. Margie Bennett, Mrs. Sharon Fair and Mrs. Jody Goetzman should recuse themselves? After all, they did vote for the 2008 resolution to consider the termination of Mr. Freshwater’s teaching contract. If that resolution wasn’t a statement of their own opinions about the Freshwater matter then nothing is.

What about the money that these three board members voted to give, through the board’s insurance, to the Dennis family and their attorneys? The payment, when it is made, will in effect help fund the family's continued lawsuit against the teacher and the school. (In the “settlement” the board acknowledges that the school is still liable for Mr. Freshwater.)

The types of issues you attempted to raise in your post could be used to argue that ALL of the board members should recuse themselves. Is this the type of direction we really want to go?

I certainly respect your right of free speech. On my own website I have raised issues about board members and candidates involvement in the Freshwater matter—but I have not called for any of them to recuse themselves. That’s a very slippery slope.

raven · 16 January 2010

Also, do you believe that board members Dr. Margie Bennett, Mrs. Sharon Fair and Mrs. Jody Goetzman should recuse themselves? After all, they did vote for the 2008 resolution to consider the termination of Mr. Freshwater’s teaching contract. If that resolution wasn’t a statement of their own opinions about the Freshwater matter then nothing is.

Hmmm, isn't that their job? They are members of the school board. John Freshwater was a teacher causing huge problems. What do you think school board members do? Run around rescuing cats in trees, trading recipes, or chopping down forests? Depending on what was said, Steve Thompson could be guilty of witness tampering or intimidation of a witness, both criminal offenses. Since I don't know what was said, these are just possibilities. The defendants at Dover lied under oath, perjury a criminal offense. Kent Hovind turned a civil case, tax evasion, into 58 felonies and a decade in prison. Freshwater and his xian cultists may yet manage to turn a civil case into a criminal one. Fundie death cultists routinely and pervasively make death threats. We all get them all the time. Chances are many of the people involved in Mt. Vernon have gotten them. Death threats are felonies too.

raven · 16 January 2010

No, the Freshwaters of the world have to be nailed legally. And when they are it’s wonderful to see them squirm and realise there really is higher power, it’s called the law.

Religious fanatics are all closed minded nihilists who really could care less what anyone else thinks. The ones at Dover were told repeatedly by the school district lawyer and everyone else that they were going to be sued and lose. They got sued and lost. They would do it again if they could. You just have to tell them No and that is it. If they commit crimes, you have to toss them in jail. How well would it work to reason with a suicide bomber walking into a crowd? Wouldn't make any difference, except you would end up dead with a few dozen other people. The fundie fanatics in Mt. Vernon know that they will damage the school system and cost it a lot of money, if they can. They don't care. That is their whole idea.

RBH · 16 January 2010

mountvernon1805 said: RBH, There is no law that prohibits a community member from talking with a school board member. While a board member cannot independently act on behalf of the board that doesn’t prohibit discussions with community members. Have you ever talked with a school board member?

Sorry. There's a lot of smoke but no content in your post. This was not a conversation between a Board member and a community member. Mr. Dennis is no longer a resident of the Mt. Vernon School District. Pressure on their children, including remarks from teachers and coaches, led them to move to another school district. Now consider this: The Board of Education and Mr. Dennis are currently jointly involved in just one federal suit, that of Mr. Freshwater against a range of people including Mr. Dennis and the Board of which Thompson is now a member. That is, both Dennis and the Board are defendants in that action. So on whose behalf was Thompson proposing to suggest a settlement with Dennis? It can't have been the Board since Dennis and the Board are not adversaries in that action. It can only have been on behalf of Freshwater in the Dennis's suit against him. So we've got a Board member carrying water for Freshwater. That is why Thompson should be excluded from Board executive sessions on the legal matters and why he should recuse himself from voting on those matters in Board meetings. And yes, I have had conversations with Board members. Not one of them has acted unethically or against the Board's interests and in favor of some private interest of mine. Thompson apparently has done so. It's noteworthy that some of Barone's and Thompson's remarks at the Board meeting were about their training on appropriate behavior for Board members in the two days preceding the meeting. Thompson apparently didn't pay real close attention to it.

seabiscuit · 16 January 2010

LStickle said: The acount I heard was that Steve Thompson left the board meeting with one or two other people and went to McDonald's. But Steve Dennis followed Thompson to McDonald's and initiated the conversation, in which Thompson said something to the effect that he would like to see this case come to an end.

LStickle So you have spoken directly with Mr. Thompson regarding this event? Who might be the other people who went to McDonald's with Mr. Thompson who would be able to support his claim? Why would you not list them as they would be able to support his claim. Is it possible that Mr. Don Matolyak drove into the McDonald's parking lot after Mr. Thompson engaged in conversation with Mr. Dennis? Why would Matolyak be going to McDonald's right after the Board meeting as well? Had Mr. Thompson and Mr. Matolyak arranged for this meeting? Since Mr. Matolyak is the most outspoken supporter of Mr. Freshwater wouldn't that have been an interesting encounter for someone to walk into! And, gee, both are on the committee to help with John's legal fundraising. And the plot thickens!

CMB · 16 January 2010

Richard - regarding the Board of Education election, have you seen anything on how much support was provided to Steve Thompson by Don Matolyak/Trinity Assemblies of God Church?

According to the IRS, if the church endorsed Thompson directly or indirectly, it may have put its tax-exempt status at risk. Per IRS Guide for Churches and Religious Organizations (http://www.irs.gov/pub/irs-pdf/p1828.pdf):
"Under the Internal Revenue Code, all IRC section 501(c)(3) organizations, including churches and religious organizations, are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise tax."

IIRC,Thompson's campaign was particularly well-funded. It would be interesting to know where the money came from.

kim · 16 January 2010

ERJ said: The fact he now sees himself brokering a deal between the BOE and the child's family in a gas station parking lot after a settlement between the two has been reached, shows very clearly how strong the other four board members will need to be for the next four years.

Once the Freshwater case is over, he won't be interested anymore in the BOE. He is obviously a single purpose candidate who got himself at the board to serve Freshwater. The only thing it will bring is more lawsuits.

RBH · 16 January 2010

CMB said: Richard - regarding the Board of Education election, have you seen anything on how much support was provided to Steve Thompson by Don Matolyak/Trinity Assemblies of God Church?

While it's plain that Matolyaks' congregation supported Thompson (and Robert Kirk, who placed third), I've seen no evidence that the church as an entity was a player, though of course I don't attend it.

IIRC,Thompson's campaign was particularly well-funded. It would be interesting to know where the money came from.

Those records are somewhere online, I think, but my Google-fu is failing me tonight.

seabiscuit · 16 January 2010

CMB said: Richard - regarding the Board of Education election, have you seen anything on how much support was provided to Steve Thompson by Don Matolyak/Trinity Assemblies of God Church? According to the IRS, if the church endorsed Thompson directly or indirectly, it may have put its tax-exempt status at risk. Per IRS Guide for Churches and Religious Organizations (http://www.irs.gov/pub/irs-pdf/p1828.pdf): "Under the Internal Revenue Code, all IRC section 501(c)(3) organizations, including churches and religious organizations, are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise tax." IIRC,Thompson's campaign was particularly well-funded. It would be interesting to know where the money came from.

I have received all the campaign funding documents for Mr. Thompson and there's nothing there that would insinuate that Mr. Matolyak or his church gave funding directly to Mr. Thompson. However, political signs for both Mr. Thompson and his running mate, Mr. Kirk, were placed in the lot beside the church which I believe is owned by the church although I haven't had the time to confirm this. They also carefully placed the signs between the sidewalk and the road so they might be able to say that part of the property belongs to the city and, therefore, was not on actual church property. They could also say that they didn't know who put them there since anyone can put the signs up on public property. I suspect that Matolyak gained support for Thompson through his sermons and discussions with parishioners although, this is just speculation on my part. I do not have any direct knowledge of this. I did have a discussion with a friend who shared a story of how one of her friend's was visiting local churches to decide which church to join. One of those churches happened to be Mr. Thompson's home church (which is not Mr. Matolyak's church). Apparently, Mr. Thompson presented to the congregation at that service his plan for running and getting more "Christians" into political offices within the city. He must have been referring to his brand of Christianity since many of this city's elected officials believe themselves to be Christians. Interestingly, Mr. Thompson's son's father-in-law (William Pursel) ran for Monroe Township Trustee and won that race. And Tyler Fehrman, age 19 or 20, ran for city council but didn't get a seat although came very close. He, too, has connections with Freshwater supporters and attended several of the dates early in the hearing. I believe there were several churches who organized their congregations with the intent of voting for certain people so it was more like a "block vote". I speculated this when even after it became known that Mr. Kirk had campaign contribution violations and really just didn't present very well in School Board pre-election "Meet the Candidates" nights, that his vote numbers were just barely below the vote numbers for Mr. Thompson. It was just too close to think there wasn't some attempt to be sure that both Thompson and Kirk won 2 seats on the school board.

seabiscuit · 16 January 2010

kim said:
ERJ said: The fact he now sees himself brokering a deal between the BOE and the child's family in a gas station parking lot after a settlement between the two has been reached, shows very clearly how strong the other four board members will need to be for the next four years.
Once the Freshwater case is over, he won't be interested anymore in the BOE. He is obviously a single purpose candidate who got himself at the board to serve Freshwater. The only thing it will bring is more lawsuits.

Actually, I think he will still have interest. Mr. Thompson has a son who is employed as a teacher in the Mount Vernon school district. His son has been one of several teachers who are strong supporters of J. Freshwater and who have been pushing the limits that Freshwater pushed. I think Mr. Thompson will continue to attempt to push the agenda which Mr. Freshwater has started even if Freshwater doesn't win his case.

RBH · 16 January 2010

seabiscuit said: I think Mr. Thompson will continue to attempt to push the agenda which Mr. Freshwater has started even if Freshwater doesn't win his case.

I think so, too.

Gary Hurd · 16 January 2010

raven said: I'm reading Matthew Chapman's book about Dover, Pennsylvania right now. My first time reading anything about Kitzmiller versus Dover.

Chapman's book was a great read. I would also strongly recommend Lauri Lebo's book "The Devil in Dover: An Insider's Story of Dogma v. Darwin in Small-town America."

raven · 17 January 2010

Gary Hurd: Chapman’s book was a great read. I would also strongly recommend Lauri Lebo’s book “The Devil in Dover: An Insider’s Story of Dogma v. Darwin in Small-town America.”

Thanks. I remember Lebo's book being recommended as good. Going to get it ASAP. For anyone on the Mt. Vernon school board or who has an interest, this is just a replay with variations on Kitzmiller versus Dover. Reading Chapman's book, 40 days and 40 nights, or one of the other ones will show exactly what sort of mentality the fundies have, what they will do, and why. Knowledge is power and they are cockroaches who absolutely can't stand the light. The fundies never have anything new or rational. After all, this is simply another attempt to recreate their heyday, the Dark Ages of many centuries ago. Most public libraries will have them, or they can get them from interlibrary loan. My local library has two Dover books, unfortunately not the Lebo one. Or Amazon.com.

raven · 17 January 2010

Yo, Richard B. Hoppe, when is your book on Mt. Vernon coming out? You have enough material for one and can clearly write well enough to easily put one together.

I'm only half through the Chapman book but it is indeed a good book. I started it late at night without much enthusiasm and ended up staying up until 2:00 AM. He uses a lot of human interest material, is sympathetic to most of the players, and repeats the dramatic testimony parts verbatim. With occasional intrusions of what he himself thinks. These are all simple tricks and they work anyway.

Got to be careful to get the facts right. Slander and libel are always possibilities but both are hard to prove in court. The truth is an absolute defense.

People have threatened to take me to court for S&L so many times, I've lost count. I live in an anti-SLAPP suit state and just tell them that truth is an absolute defense, loser pays court and legal fees, and let's go to court. They have always disappeared at that point.

Marion Delgado · 17 January 2010

It's too early to write a book!

This is for most people a local story of no interest.

I see the BoE election and Thompson's activities as possibly pushing this into a real court case.

This is just about one teacher keeping their job or not. It's not even a full court case, it's a series of hearings. The end result will be a vote, not a trial verdict and decision.

And nothing's been resolved except one suit by the Dennis family.

raven · 17 January 2010

It’s too early to write a book! This is for most people a local story of no interest.

The time to gather material for a book about a current event is while it is happening. RBH already has tons of material and is a pair of boots on the ground. And sure it will drag on for months or years. That just makes it a longer book. And it is of more than local interest in the same way as Kitzmiller versus Dover. Fundies are everywhere, lurking in the cracks and crevices, avoiding the light, and trying to bring about a New Endarkenment. Without eternal vigilance it could happen to anyone, anywhere, at any time. Thanks to the fundies, US Xianity is shaking itself to pieces. But that is going to take decades. Showing how they think and how they operate is a relevant service and it never makes them look good.

Marion Delgado · 18 January 2010

The time to gather material for a book about a current event is while it is happening.

-- agreed.

John Kwok · 18 January 2010

Sometimes it might be better to put aside any thoughts of writing a book as the events are unfolding, just to give oneself a better sense of perspective (trying to be a bit more rational than emotional in one's responses to the events as they unfold). For me that's why both Matthew Chapman's, and especially Lauri Lebo's books on the Kitzmiller vs. Dover trial work so well (While I like both a lot, I would give a slight preference to Lauri's, only because she is a local resident and knew personally many of those on both sides.):

Marion Delgado said: The time to gather material for a book about a current event is while it is happening. -- agreed.

John Kwok · 18 January 2010

As interesting as this case is, it hasn't quite earned the national interest and attention that was paid to the Dover Area School District board's approving the teaching of Intelligent Design at Dover High School and the subsequent Kitzmiller vs. Dover Area School District trial (Of the latter, there are at least four books devoted to the trial itself, and none could be viewed as a bestseller comparable to any books written by the likes of Diamond, Dawkins or Gould.). Any potential publisher of RBH's book would probably concur with Marion Delgado's observation, "This is for most people a local story of no interest.":

raven said: Yo, Richard B. Hoppe, when is your book on Mt. Vernon coming out? You have enough material for one and can clearly write well enough to easily put one together. I'm only half through the Chapman book but it is indeed a good book. I started it late at night without much enthusiasm and ended up staying up until 2:00 AM. He uses a lot of human interest material, is sympathetic to most of the players, and repeats the dramatic testimony parts verbatim. With occasional intrusions of what he himself thinks. These are all simple tricks and they work anyway. Got to be careful to get the facts right. Slander and libel are always possibilities but both are hard to prove in court. The truth is an absolute defense. People have threatened to take me to court for S&L so many times, I've lost count. I live in an anti-SLAPP suit state and just tell them that truth is an absolute defense, loser pays court and legal fees, and let's go to court. They have always disappeared at that point.

seabiscuit · 18 January 2010

What has been fascinating to me is how closely people involved in the Freshwater case here in Mt. Vernon resemble the characters (pun intended) in Lauri's book.

Just goes to show that human beings in small towns are not that much different than other small towns. It's almost like they are "clones" (pun intended).

Alex H · 19 January 2010

seabiscuit said: What has been fascinating to me is how closely people involved in the Freshwater case here in Mt. Vernon resemble the characters (pun intended) in Lauri's book. Just goes to show that human beings in small towns are not that much different than other small towns. It's almost like they are "clones" (pun intended).

Yes, but it's not by design.

Paul Burnett · 19 January 2010

Quote from tomorrow's (?) New York Times, from Freshwater’s pastor, Don Matolyak: "If he had a Koran on his desk, he’d be fine and no one would say a word to him,” Mr. Matolyak said. “If he had ‘Origin of Species’ on his desk, they would celebrate that." - http://www.nytimes.com/2010/01/20/education/20teacher.html

Imagine that - a science teacher with a copy of ‘Origin of Species’ on his desk - of course they would celebrate that, you blithering idiot!

But this shows that Matolyak and probably Freshwater and others equate the Koran with "Origin" - both obviously equally the work of the devil.

Timbo · 19 January 2010

Re. Trinity Church's meddling in politics: TAG is the meeting place of the local "Teabagger" cult; just last week they hosted a "Town Meeting" with State Rep. M. Ruhl. These clowns refer to themselves as the "912 Project"- some sick exploitation of the 911 trajedy, I believe. Just shows how warped their sense of freedom is: they feel religious freedom means having the right to burn crosses on kids and stuff Creationist mumbo-jumbo down their throats in science class, on taxpayer $ to boot!
Also, I warned people during the SB election that Thompson, if elected, would pull this kind of crap. Am concerned that rest of Board may not stand up to his bullying...

stevaroni · 19 January 2010

Paul Burnett said: Quote from tomorrow's (?) New York Times, from Freshwater’s pastor, Don Matolyak: " “If he had ‘Origin of Species’ on his desk, they would celebrate that."

Good heavens! A biology teacher flaunting Origins! What's next, a physics teacher with the temerity to have a copy of Principia on his desk? Or even Galileo's Dialogues (that one was actually determined to be heresy you know)! Or maybe a history teacher flaunting his copy of Lewis and Clark's journals (a subversive immoral commie tome if ever there was one, all that "living peacefully with the natives" crap. Why, one of their party actually had a child with an indian woman!) If we let our children actually read the books that underpin western thinking, well, where will it all end?

Sheikh_Mahandi · 20 January 2010

912 Project - Glenn Beck's initiative on 9 principles and 12 values

http://www.the912project.com/the-912-2/

Most of the principles seem to be hard and fast rules except - "3. I must always try to be a more honest person than I was yesterday." I guess as long as Freshwater can claim to be "trying to be honest" thats ok then.

raven · 20 January 2010

Dan Matolyak: “If he had a Koran on his desk, he’d be fine and no one would say a word to him,” Mr. Matolyak said. “If he had ‘Origin of Species’ on his desk, they would celebrate that.”

This so called xian minister is just Making Stuff Up. If Freshwater had a Koran on his desk, one of the fundie death cultists would have called Homeland Security by now. Or they would have complained bitterly that he is a crypto-Moslem and it would be long gone. If Freshwater had a copy of the Origin of the Species on his desk, no one would even blink. It is considered normal and usual for science teachers to have science books in their classroom. I can see that they are playing the usual xian persecution card. Xians are a persecuted minority of only 76% of the population and atheists can't be elected dog catcher in the USA. Xian persecution = living in a secular democracy Xian persecution = unable to hunt down and kill witches and heretics and fight holy wars against other Fake xians Xian persecution = unable to destroy US science and head on back to the Dark Ages Xian persecution = no one believes our doublespeak and people routinely commit thoughtcrimes

Has Someinsight · 20 January 2010

I wouldn't recommend that Dr. Hoppe publish anything. In my opinion, he has not yet scratched the surface of research regarding the rise of religious unrest, conflict and the application of the equal access laws, that would complete a historical reflection on this issue. Does he have commentary from Mr. Maley, Mr. Kuntz and Mr. Kuhn? They welcomed diversity" and fought the rise of the FCA which was the entry way to to behavior of people like John Freshwater. Mr. Freshwater isn't a trailblazer. He followed the lead of many others in the Mount Vernon Schools that led religious activities during the public school day. They have some insight that would allow Dr. Hoppe's to have a 360 degree perspective which might otherwise be a book that is incomplete. True research versus and opinionairre blog will not make the story complete. If you require the full story then encourage Dr. Hoppe to look more deeply than he has with this communication tool. It's time for Dr. Hoppe to invite the history Of Mount Vernon School District to join his conversation so it will be complete. raven said: Yo, Richard B. Hoppe, when is your book on Mt. Vernon coming out? You have enough material for one and can clearly write well enough to easily put one together. I'm only half through the Chapman book but it is indeed a good book. I started it late at night without much enthusiasm and ended up staying up until 2:00 AM. He uses a lot of human interest material, is sympathetic to most of the players, and repeats the dramatic testimony parts verbatim. With occasional intrusions of what he himself thinks. These are all simple tricks and they work anyway. Got to be careful to get the facts right. Slander and libel are always possibilities but both are hard to prove in court. The truth is an absolute defense. People have threatened to take me to court for S&L so many times, I've lost count. I live in an anti-SLAPP suit state and just tell them that truth is an absolute defense, loser pays court and legal fees, and let's go to court. They have always disappeared at that point.

eric · 20 January 2010

The "some" in Someinsight obviously doesn't refer to insight into html tags.

...But I digress. Court case books don't have to be comprehensive to be either compelling and educational. Lauri Lebo's book on Dover was perfectly good, even though it didn't provide a comprehensive treament of the "rise of religious unrest" in Dover from umpteen-oh-whatever to the present.

Let's let RBH choose the content of whatever hypothetical future book he may write, and if it doesn't cover the subject as comprehensively as you think it should, well, you can always write a companion book on the subject.

DS · 20 January 2010

Has wrote:

"Mr. Freshwater isn’t a trailblazer. He followed the lead of many others in the Mount Vernon Schools that led religious activities during the public school day."

So, there are other people who have broken the law and should be fired or put in jail. I'm shocked. I wonder how much it will cost to hunt them all down and bring them LL to justice?

Weaver · 20 January 2010

Richard,

1) The NYTimes article said that the court case would be finished on Friday (although the decision could take several weeks). I didn't get this from your reporting - I thought that it would be time for the BoE's lawyer to rebut Freshwater's witnesses. Do you see anything to suggest the arguments will be done in just a couple days?

2) Thanks, again and always, for your reporting on this case - your efforts are greatly appreciated!

RBH · 20 January 2010

Weaver said: Richard, 1) The NYTimes article said that the court case would be finished on Friday (although the decision could take several weeks). I didn't get this from your reporting - I thought that it would be time for the BoE's lawyer to rebut Freshwater's witnesses. Do you see anything to suggest the arguments will be done in just a couple days?

Nope, it won't be finished on Friday. I think Millstone still might have some questions for Freshwater in re-cross examination (that's where the last session substantive adjourned), and then he has a number (~10 or so) witnesses scheduled for the Board's rebuttal case. Then Freshwater has the opportunity to put on an answer to the rebuttal. So I doubt now that we'll finish before the end of February, depending on how many days they can schedule in Feb and on what "new information" Hamilton thinks he has that caused the last session to be aborted.

raven · 20 January 2010

has some insight: If you require the full story then encourage Dr. Hoppe to look more deeply than he has with this communication tool. It’s time for Dr. Hoppe to invite the history Of Mount Vernon School District to join his conversation so it will be complete.

Good point. I wouldn't know but you apparently have some knowledge. RBH reads this thread, it being his blog entry. So you have communicated with him already. This is an open forum so you can address him directly or address us and the world directly. The internet is open and free. I suspect we can trace this back to the Puritans who used to hunt down and kill witches. Everyone knows they hung 25 at Salem. Less well known is that they also rounded up and killed heretics, including Unitarians and Quakers and drove a lot of people out of Massachusetts to found Rhode Island.

holycow · 21 January 2010

Quotes of the Day

Wednesday, Jan. 20, 2010
We are religious people. But we were offended when Mr. Freshwater burned a cross onto the arm of our child.

JENNIFER DENNIS,
a resident of Mount Vernon, Ohio, whose son Zachary was one of two students who authorities allege were branded by science teacher John Freshwater; he has been accused of burning a cross into their arms and teaching creationism

Read more: http://www.time.com/time/quotes/0,26174,1955139,00.html#ixzz0dFsaKJjF

W. H. Heydt · 25 January 2010

So....was there a Day 32 on 22 January?

seabiscuit · 25 January 2010

No, there was no Day 32. It was cancelled...........AGAIN!

W. H. Heydt · 25 January 2010

Hmmm.... Has it been rescheduled or is the referee just going to wait until Freshwater's attorney gets over the vapors and is willing to come back?

seabiscuit · 25 January 2010

I believe the next hearing date will be February 11. The hearing has been moved from the Corporate Center where it has been held for the past year and a half and will now be at the Central Office of the MTV School District.