Referee intervenes in hearing

MOUNT VERNON — Returning for a second day of cross-examination, John Freshwater and school board attorney David Millstone frequently reached an impasse, prompting contract termination hearing referee R. Lee Shepherd to intervene at times.

  • M Barkhurst

    I agree with MV, I’m just a little more fatalistic about Freshwater’s behavior on cross. When ever a judge, or in this case a referee has to restate a question and then demand an adequate answer, and do it several times in fact, you can bet that the referee is getting irritated with Freshwater’s evasivness has already made up his mind about Freshwater’s honesty and integrity. At this point, chances are high the referee is now just going through the motions until he can call an end to the hearing. Like MV said, Freshwater is “just digging himself a deeper hole by fighting” and Freshwater’s chances for getting a favorable result now are almost totally lost. Freshwater’s attorney also knows this, but he’s knows Freshwaters is arrogance first hand and knows he won’t change.

  • MV homeowner

    Enough is enough. Freshwater has no business teaching in a public school. I don’t understand why he was not simply removed without this asinine hearing. I am so glad that my children are beyond school age, but I feel sorry for those with kids in the MV schools. An ongoing national embarassment for our community.

    • Joshua Morrison

      Some background on the hearing process, which started in June 2008.

      Attorney David Millstone, of Squire, Sanders & Dempsey LLP, said Freshwater is entitled to due process under the law, and may request a hearing, which can be either before the school board or before a referee appointed by the State Board of Education. If a referee is requested, Millstone said, the referee holds a hearing and makes a recommendation to the board and the board then acts on the recommendation: The board makes a decision (for or against termination) based on the evidence before it.

      Read more here

  • MV_Esq.

    Freshwater makes a terrible witness. He’s just digging himself into a deeper hole by fighting Millstone on cross-examination. Cross only requires simple yes or no answers to leading questions – he’ll have a chance to explain his answers later. What part of this simple arrangement doesn’t Freshwater get? Does he think he’s above the rules of law and procedure? Apparently he does, and the more he fights like this on cross, the more guilty he looks to everyone. He’s not doing himself any favors by acting like that.

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