Earlier this week, Jeffrey Kluger wrote an
article about
Coppedge v. JPL and Caltech that appeared on Time's website. Kluger is a lawyer himself, and had a pretty tough take-away message concerning Coppedge's apparent chances of success in the lawsuit:
Groups like the intelligent design community are not always free to pick their poster children, and it's unfortunate for them that Coppedge is one of theirs. It's true enough that employers and colleagues in a science-based workplace might be uncomfortable with the idea of a coworker who believes in intelligent design. But neither the Constitution nor employee-protection laws can regulate feelings -- no more than they can or should regulate belief systems. They can, however, circumscribe behavior on both sides of that faith-divide. From the filings at least, JPL appears to have stayed well within those boundaries. Coppedge appears to have jumped the rails entirely.
Yes, even disinterested third parties get it now.
JPL's brief discusses a lack of self-awareness on Coppedge's part. The tone-deafness isn't just Coppedge, though. It permeates the DI and the IDC community. They are so intent on instantiating their myths that they cannot seem to wrap their heads around the idea that one of their own could be in the wrong. You'd think with all those lawyers in their camp that they would be better at this than they are.
But Kluger's conclusions are simply what one expects when someone comes to this without an ideological precommitment. Another observation made by Kluger takes us down a rabbit hole and straight to Wonderland's mad hatter's tea party in progress.
Far more bizarre is Coppedge's inclusion of a three-page "screenplay" dramatizing his interactions with one of the complaining coworkers, including such dialogue as "I'm so uncomfortable with David approaching me about watching an intelligent design DVD and talking about my stance on Proposition 8." The coworker then, in the "screenplay" version of the incident, sobs.
It is not a legal leap to suggest that none of this helps Coppedge's case. Nor does his footnote to the scene, which concedes "Some liberties have been taken with the dialogue and action as artistic license." Legal briefs, of course, are not typically the place for artistic anything -- especially license.
The specific document in question is the "
Plaintiff's Trial Brief" from the NCSE website. The "screenplay" starts on page 4, in the section headed as "Weisenfelder".
Unfortunately, the PDF is an image-based one and I don't have an OCR program to hand. The screenplay is immensely entertaining, though, please give it a read. If someone transcribes it, please send it along and I'll update this post.
Update: Thanks to "grumpyoldbroad" for the transcription. The original had formatting that is, unfortunately, lost to HTML. It actually looks rather like the standard screenplay format, down to specification of interior settings.
Weisenfelder
Weisenfelder carried a grudge ever since Coppedge had the temerity to ask on the eve of the election about her position on Proposition 8. She wore that grudge on her back for three months, when on February 28, 2009, Coppedge loaned her a copy of the intelligent design documentary "Unlocking the Mystery of Life." Here is how the screenplay of this suspense thriller with all of its harrowing action would read:1
INT. WORK AREA - LATE AFTERNOON
COPPEDGE quietly approaches WEISENFELDER.
COPPEDGE
Hi, Margaret. Tomorrow's the election and I was wondering if you have decided on Propostion 8 yet. I will be voting for it.
WEISENFELDER
(annoyed)
I disagree with your position on it and don't care to discuss it.
COPPEDGE
Is there anything I can say to change your mind?
WEISENFELDER
No.
COPPEDGE leaves.
THREE MONTHS LATER
INT. WORK AREA - DAY
COPPEDGE quietly approaches WEISENFELDER.
1Some liberties have been taken with the dialogue and action as artistic license. The dialogue is generally taken directly from huntley's notes and Weisenfelder's deposition testeimony..
COPPEDGE
Hi, Margaret. I've got a great DVD called Unlocking the Mystery of Life. Would you like to borrow it?
WEISENFELDER
Sure.
INT. MARGARET'S HOME - DAY
MARGARET is watching the DVD "Unlocking the Mystery of Life." She fast-forwards through it, stopping occasionally to watch portions. She becomes increasingly distressed. This is about religion! How heavy-handed and repetitive can it get?
THE DVD PACKAGE. She notices a yellow sticky note. Wha?? There are names on it. "Try again" scrawled next to one of the names. What the...??
INT. OFFICE - DAY
Morning at the office. WEISENFELDER moves urgently through the corridors. Out of breath, reaches CHIN's office.
CHIN
Hi, Margaret. What's up? You look like you've just seen a ghost.
WEISENFELDER
I saw a ghost alright. A holy ghost!
CHIN
Come again?
WEISENFELDER
David Coppedge made me borrow a DVD about intelligent design. I took it home...and...and --
CHIN
Take a deep breath, Margaret. Tell me what happened.
WEISENFELDER
It was...horrible. I'm an ordained minister in the Metaphysical Interfaith Church, you know. David just doesn't know when he's crossing the line talking about religion and politics in the work-place. I've had it with him. I'm so uncomfortable with David approaching me about watching an intelligent design DVD and talking about my stance on Proposition 8. I don't want to deal with him on these kinds of issues. And (sobs) ,,,
CHIN
There, there.
WEISENFELDER
...and there was a sticky note on the DVD package. It had names on it and - I think he's trying to keep track of who he loans his DVDs out to. I don't want him to offer me DVDs ever again. I can't take it. I just can't!
CHIN
Well, I'll look into it. Let me know if his behavior continues to be a problem for you.
WEISENFELDER
You know, I'm an ordained minister in the Metaphysical Interfaith Church and I --
According to Weisenfelder, she "feared" Coppedge would try to loan her another DVD when she did not want him to contact her again. (Weisenfelder Dep. Tr. 159:25-161-4). This is a difficult thriller to appreciate without more information, but that's where Weisenfelder's dramatic confrontation with Coppedge ends.
111 Comments
patrickmay.myopenid.com · 22 March 2012
If any lawyers are reading this, is this kind of fiction at all normal for trial briefs? Most of the legal documents I've read are related either to creationist trials or contracts for work, but I've never seen anything so whimsical (although I doubt it is deliberately so).
eric · 22 March 2012
they cannot seem to wrap their heads around the idea that one of their own could be in the wrong. You’d think with all those lawyers in their camp that they would be better at this than they are.
Legal representation has certainly been a bit of a mixed bag for the ID crowd. TMLC in Dover was ideological but the lawyers themselves were competent. The Rutherford Institute (Freshwater) will probably be pretty competent too. On the other hand, Hamilton (Freshwater case) appears not especially competent and a bit of a shyster. And IIRC, the legal paperwork filed by ICR when Texas refused to accredit their master's program was so laughably bad, the judge returned the first draft to the lawyers and told them to resubmit.
Its hard to say about Becker, but the inclusion of a 'screenplay' in his trial brief may be an indication of either bad counsel, or good counsel getting ignored by the client.
fnxtr · 22 March 2012
And they wonder why we think they're Looney Tunes.
Paul Burnett · 22 March 2012
The trial will hopefully bring out the connection between the uber-fundamentalist Moody Bible Institute and its anti-science propaganda machine, which includes Illustra Media, producer of the DVDs Coppedge was pimping for. Coppedge is (or at least was then) on the Board of Directors of Illustra Media. If there was ever any remaining doubt as to whether intelligent design creationism is about religion or science, this connection is the final nail in that particular coffin.
There should be a line of questioning where Coppedge is asked if he aware of the Moody Bible Institute and if he has any connection with it.
cmb · 22 March 2012
grumpyoldbroad · 22 March 2012
I've got the "drama" typed out, Wes; page 4 though the concluding line, "This is a difficult thriller to appreciate without more information, but that’s where Weisenfelder’s dramatic confrontation with Coppedge ends." on page 6. It's done in Pages, but I could upload it to Google Docs. Or let me know if you want me to type out the rest of the Weisenfelder section.
Wesley R. Elsberry · 22 March 2012
Google Docs should work. I think the screenplay section is sufficient. Send me a link via email. If you don't have my email handy, use the "Contact Us" link in the upper right of the page.
grumpyoldbroad · 22 March 2012
Sent via the "Contact Us" link. :)
benjamin.cutler · 22 March 2012
eric · 22 March 2012
grumpyoldbroad · 22 March 2012
Supposedly, "Some liberties have been taken with the dialogue and action as artistic license. The dialogue is generally taken directly from Huntley’s notes and Weisenfelder’s deposition testimony.." (bolding added and ellipses in the original)
I really wish Weisenfelder's deposition was up on the NCSE site (if it is, I missed it). I'd like to know just how many "liberties" were taken and just how much of the dialogue was "generally" taken from it. The whole dramatization reads as terribly mean-spirited and while that sort of BS may sway a jury, it generally ticks judges off. It comes across as, "Look at poor innocent Coppedge. He merely offered this unbalanced, over-emotional woman a DVD and she went off the deep end." Unfortunately, the attorney will have a hard time arguing that Coppedge didn't know his discussions about Prop 8 were unwelcome--he states right in his little drama that Weisenfelder made it clear that she didn't want to talk about it, but little Coppy felt the need to press the matter further. Oops.
grumpyoldbroad · 22 March 2012
Arrrrgh for the double-post. I corrected a typo on "testimony", capitalized "Huntley" and fixed the superscript formatting lost in the cut and past to Google Docs, Wes. It should be all better now.
SWT · 22 March 2012
SonOfHastur · 22 March 2012
This little "dramatization" reads like a Chick tract. All that's missing is the "happy" ending where either the "evil, no-good" "sinner" sees the light and repents, or is shown in eternal torment.
Also, I would like to point out (recalling the case of the man who was fired for sexual harassment because a woman overheard him discussing an episode of "Seinfeld" with a friend) that calling Weisenfelder "oversensitive" is in no way significant to the case (nor does it seem particularly professional).
grumpyoldbroad · 22 March 2012
Oh, that as well, SWT. Juries, sadly, have been swayed by emotion before (as have judges, to be fair). "Mean-spirited" was my main response because Weisenfelder can't respond to it (unless Plaintiff's attorney is stupid enough to bring it up to her when she's on the stand) and it was so heavy-handed: she runs to Chin "out of breath", she breaks down in "sobs", she's so emotional, she's stuttering, and twice he brings up that she's a minister in the "Metaphysical Interfaith Church" (out of curiosity, I'd like to know if that's the name of her church or another dramatization). "'Metaphysical'" we know what that means, don't we, Your Honor?" (wink, wink, nudge, nudge) Ugh.
John · 22 March 2012
With "friends" like Coppedge, the Dishonesty Institute doesn't need any enemies. I am thrilled that the DI has made this case into such a "worthy" cause celebre that none other than that "notable" Darwin = Hitler expert, DI mendacious intellectual pornographer David Klinghoffer is the DI "journalist" covering the trial, writing such astute examples of breathtaking inanity as this:
http://www.evolutionnews.org/2012/03/pandas_thumb_gr057461.html
With any luck I am hoping that the Coppedge vs. JPL suit becomes the DI's "Waterloo".
eric · 22 March 2012
jon.r.fleming · 22 March 2012
I've OCR'd the document with Acrobat X, but Facebook failed ot attach it and I don't know how else to contact you. So it's at http://www.fleming-group.com/Misc/20111202b_P's_trial_brief-OCR.pdf. I don't promise it'll stay ther for a long time.
harold · 22 March 2012
Karen S. · 22 March 2012
jon.r.fleming,
I get a 404 when I click on your link.
jon.r.fleming · 22 March 2012
MichaelJ · 22 March 2012
Karen S. · 22 March 2012
curtcam · 22 March 2012
You only have to read the first three pages to get a clear picture. His case can't be very good if he starts out by listing all the people who were complaining because they felt he was trying to push them to convert to Christianity, and his conclusion from this is "These sentiments signal an unapologetic intolerance towards Coppedge's religious convictions..."
Gee, if I'm making everyone I work with feel uncomfortable around me, it must be because they're intolerant!
The screenplay starting on page 4 is a hoot.
rossum · 22 March 2012
Just Bob · 22 March 2012
Anybody know final figures on Expelled? Did it end up making any money?
patrickmay.myopenid.com · 22 March 2012
raven · 22 March 2012
raven · 22 March 2012
harold · 22 March 2012
My first comment is in permanent "moderation", possibly because it contained the word "political".
Anyway, Raven, thanks for alerting me to this bit of scumbaggery http://www.flascience.org/wp/?p=1362.
John · 22 March 2012
John · 22 March 2012
Robert Byers · 23 March 2012
The case is all about immoral and illegal firing of someone for issues unrelated to work.
So they are demonstrating the culture of hostility to him that he alleges is behind his firing.
They are doing alright.
It all comes down to whether secret motivations can be determined by words/actions of the others that created a culture there.
Secret motivation determination seems tough to normal people to see proved but it is very common today in court cases.
in fact i would say its the foundation behind court cases upholding affirmative action policies.
i think its unlikely he will win his case .
it is however a great thing for creationism in its teaching the public about hostility and punishment , at least somewhat,
this helps bring publicity to creationism to some of the public who are unaware of the whole issue.
robert van bakel · 23 March 2012
Aaah, Robert, it is 'unlikely he will win his case', because he worked in a scientificese environ with real scientifical persons; I use these forms of the noun 'science' because I like to patronise you. Are you thinking of more scientificant ideas to publish in your, "Big Christian Book of Science Stuff" as we speak? This turd of a book is of course Sub-headed, ":Stuff You Fear to Know as it Might Upset Your Miniscule View of Reality, Explained, But Not well:)" The smiley face at the end is integral, because if it is left out, insecure types (we call them 'the religious') may feel they are actually dealing with the real thing;i.e. facts.
Rolf · 23 March 2012
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 23 March 2012
harold · 23 March 2012
alicejohn · 23 March 2012
harold · 23 March 2012
raven · 23 March 2012
fnxtr · 23 March 2012
Maybe if he had spent his time updating his employment-required skills instead of wanking for Jesus he wouldn't be in this mess.
eric · 23 March 2012
Just Bob · 23 March 2012
Karen S. · 23 March 2012
Robert Byers · 23 March 2012
ksplawn · 23 March 2012
eric · 23 March 2012
garystar1 · 23 March 2012
Okay, those were all rhetorical questions. They're the same thing. We know that. Guess what? It doesn't matter in this case. Whether its creationism or ID is completely, totally and utterly irrelevant. Coppedge's colleagues were expressing problems dealing with Coppedge back in 2004, and those complaints had nothing to do with his religious or political views. It was the simple fact that he was being a pain in the ass. To summarize, he was laid off (not fired) due to the fact that he was not the best qualified to keep on the project. He got off light, but he's decided to throw a tantrum like a little child and see if holding his
breath til he turns bluehead complaining of migraines will get him special treatment by the court.harold · 23 March 2012
DavidK · 23 March 2012
The importance of this trial to the Dishonesty Institute creationist/ID led people is that there is no substance to their pseudo-scientific claims, that they live in a vacuum, and that their only alternative to be heard is through the courts to force their beliefs on others. The court of science has rejected their trivial arguments, so they seek public opinion to weigh in on their side as the public is often just as ignorant as they. They don't seek facts, they instead seek a pathetic sympathy from their followers as they have been victimized and martyrdom is one alternative for them.
Paul Burnett · 23 March 2012
Just Bob · 23 March 2012
The issue is what was he being PAID to do at the time he was "giving someone a DVD about common subjects in the public" ?
John_S · 23 March 2012
- he aggravated his coworkers with his behavior,
- he was asked to change that behavior, and
- he could easily have done so without violating his religious principles, unless his religion requires him to annoy people of other faiths on matters unrelated to his work duties.
The law only requires an employer to make "reasonable accommodation" of one's religious beliefs - not to allow proselytizing during work hours.Karen S. · 23 March 2012
John · 23 March 2012
Gary · 24 March 2012
Since William Dembski was recently fired for publicly expressing doubt that Noah's Flood was global, destroying all life not in the ark, you should add him to the expelled list.
John · 24 March 2012
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 24 March 2012
Robert Byers · 24 March 2012
raven · 24 March 2012
Robert Byers · 24 March 2012
Karen S. · 24 March 2012
Karen S. · 24 March 2012
Paul Burnett · 24 March 2012
Flint · 24 March 2012
I was once hired, along with maybe a dozen other people, to do a big project the company had decided to do. But partway into the project, somewhere Way Up High, someone decided that the money would be better spent somewhere else. So the project budget was axed, and all of us were summarily laid off.
If I had only known that was coming, I'd have made a religious nuisance of myself, and made it clear that if I were let go it would be "obviously" a case of religious discrimination. But I didn't know, and didn't take proper pre-emptive action. Better luck next time.
John · 24 March 2012
marion.delgado · 24 March 2012
Yet another suicide career-bomber.
harold · 25 March 2012
John · 25 March 2012
John_S · 25 March 2012
harold · 25 March 2012
raven · 25 March 2012
torture and burning at the stakebeing fired. (Not theologically correct at all, the biblical punishment is stoning to death.) But that was a few years ago. Who has been Expelled is Ken ham. From two homeschooling conferences. From google, Ken Ham frequently attacks other fundies for not being fundie enough. One of which is Dembski. Apparently they attack him back. No surprise. If someone wants to take the list and add Ken Ham, feel free. It is a public document.https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 25 March 2012
Karen S. · 25 March 2012
harold · 25 March 2012
John · 25 March 2012
Karen S. · 25 March 2012
Doc Bill · 25 March 2012
Once again, the information is in the filed court documents on the NCSE site.
The Cassini project switched from a local network to the JPL network and, therefore, did not need network administrators which is what Coppedge did. Also, JPL was moving away from HP's OpenView which Coppedge managed. And, JPL was moving towards a Linux environment which Coppedge had not cross-trained for. So, old Coppers was left maintaining obsolete systems and created no path for himself to go with the flow, so to speak.
Thus, shades of the Twilight Zone, he was obsolete. Furthermore, his competition, that is, the other SA's in his group had moved with the times, upgraded their skills and were ready to move on. The layoff choice was obvious by any metric. Coppedge chose the path to redundancy. That's the documentation.
Karen S. · 26 March 2012
harold · 26 March 2012
John · 26 March 2012
Frank J · 26 March 2012
Karen S. · 26 March 2012
harold · 26 March 2012
Karen S. · 26 March 2012
I like BioLogos quite a bit and think that it's provided a way forward for thinking Christians who want to learn science. I just don't like the fact that they push a literal Adam and got rid of their Old Testament scholar.
John · 26 March 2012
This is a bit off the topic, but I thought it is worthy of comment, considering that it is written by Paul Gross and was published last week:
http://www.edexcellence.net/commentary/education-gadfly-weekly/2012/march-22/still-dissing-darwin-1.html#body
As both a fellow Conservative and as a former biologist, I share his concerns, though, I might add, that these are concerns that should be shared by everyone, period.
John · 26 March 2012
Karen S. · 26 March 2012
Karen S. · 26 March 2012
harold · 26 March 2012
Paul Burnett · 26 March 2012
John · 26 March 2012
John · 26 March 2012
John · 26 March 2012
Frank J · 26 March 2012
Karen S. · 26 March 2012
John · 26 March 2012
marion.delgado · 27 March 2012
It reminds me of the play that the Protocols of the Learned Elders of Zion was based on :)
marion.delgado · 27 March 2012
Also: Freshwater testifying via interpretive dance. For the win!
Robert Byers · 27 March 2012
Paul Burnett · 27 March 2012
Frank J · 27 March 2012
John · 27 March 2012
DavidK · 27 March 2012
Is the Coppedge trial on hold for some reason? The NCSE has not posted any trial updates.
David · 27 March 2012
MichaelJ · 28 March 2012
https://me.yahoo.com/a/KIMtbf0Dp.crWCW7aUoW98bEqgleKvwP#a3fad · 28 March 2012
Check out the testimony concerning Coppedge's complaining about changing the name from Christmas Party to Holiday Party in the Pasadena Star News on 03/21 (http://www.pasadenastarnews.com/news/ci_20228838/jpl-attorneys-paint-david-coppedge-problem-employee).
Coppedge complained that by changing the name to Holiday Party while inclusive to everyone else discriminated against Christians such as himself. From the article: This doesn't include me and my beliefs," Coppedge said, pointing to a holiday flier admitted into evidence Wednesday. "We are having to sacrifice for a very small minority."
However, Coppedge later testified that Christmas was a Federal Holiday that does not exclude people of other faiths and cultural backgrounds. From the article: "What could be more inclusive than Christmas?" Coppedge testified."
According to Coppedge, as a Christian, his religious beliefs are being trampled on with the party name change but Christmas is actually a Federal Holiday (non-religious implication?) that applies to everybody.
I see a pattern with Coppedge: His religious beliefs concerning talking to co-workers about ID were the reason he was fired but ID is not religious. Changing the name of the party is an affront to his Christian beliefs but Christmas is a Federal Holiday that applies to everybody.
MWN
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 1 April 2012
Complaints about Coppedge's work and social skills made in the trial
It doesn't seem to be going well for him.
Glen Davidson
Henry · 19 April 2012
This is from page 15-16 of the plaintiff's trial brief
Coppedge's termination was a response to his having challenged the disciplinary actions
taken against him, and not due to relevant criteria JPL would have evaluated in reducing its
workforce because (I) the temporal proximity between the filing of the lawsuit and Coppedge's
termination was suspiciously close in time; (2) Coppedge's transitional supervisors who would
become responsible for determining that he would be laid off in late 20 I 0 suspiciously attended
an attorney-client confidential meeting concerning this lawsuit several months before they assumed
their supervisorial positions; (3) the hiring of two new personnel to Coppedge's team in
October 2010 conveniently provided management with an excuse to terminate Coppedge in January
20 II in conformity with the number of reductions contemplated as early as April/May2010; (4) Coppedge had no documented critical record of his job performance over a career span
of 14 years until after he filed this lawsuit in 2010; (5) criticisms in Coppedge's 2010 performance
evaluation were made by individuals with motives for wanting Coppedge terminated, and
in one case, accusations of misuse of business time by Coppedge were manufactured by a named
defendant in this case and the person he had appointed to replace Coppedge in a position the defendant
had demoted him from; (6) subjective criteria was used to rank employees who were under
consideration to be part of the reduction in force; and (7) the list of employees considered for
lay off was "padded" to include favored employees that were not even part of the group designated
for staff reductions. These multiple factors raise serious questions concerning JPL's true reason for terminating Coppedge.
Henry · 19 April 2012
Weisenfelder
Weisenfelder carried a grudge ever since Coppedge had the temerity to ask on the eve of the election about her position on Proposition 8. She wore that grudge on her back for three months, when on February 28, 2009, Coppedge loaned her a copy of the intelligent design documentary “Unlocking the Mystery of Life.” Here is how the screenplay of this suspense thriller with all of its harrowing action would read:1
INT. WORK AREA - LATE AFTERNOON
COPPEDGE quietly approaches WEISENFELDER.
COPPEDGE
Hi, Margaret. Tomorrow’s the election and I was wondering if you have decided on Propostion 8 yet. I will be voting for it.
WEISENFELDER
(annoyed)
I disagree with your position on it and don’t care to discuss it.
COPPEDGE
Is there anything I can say to change your mind?
WEISENFELDER
No.
COPPEDGE leaves.
THREE MONTHS LATER
INT. WORK AREA - DAY
COPPEDGE quietly approaches WEISENFELDER.
1Some liberties have been taken with the dialogue and action as artistic license. The dialogue is generally taken directly from huntley’s notes and Weisenfelder’s deposition testeimony..
COPPEDGE
Hi, Margaret. I’ve got a great DVD called Unlocking the Mystery of Life. Would you like to borrow it?
WEISENFELDER
Sure.
According to the screenplay of his conversation with Weisenfelder, Coppedge spent only a few minutes at most talking to her.
Wesley R. Elsberry · 19 April 2012