MOUNT VERNON — On Friday, after two days of testimony in the termination hearing of suspended Mount Vernon Middle School science teacher John Freshwater, the legal representatives spoke about their impressions of the procedings.
Jessica Philemond, attorney for the Dennis family, the family whose son was allegedly burned by Freshwater during a science experiment, was an observer on behalf of the family. She said she was glad the hearing is moving forward.
“I think that it’s helpful for this community to hear the story,” she said. “So, for that reason, I’m glad it’s not postponed. It is disappointing that it’s been so slow. I’m eager for more significant witnesses to be testifying; that is, the witnesses who can really testify about what happened.”
Philemond lobbied for anonymity for the students, an action which threatened to significantly delay the hearing.
“I think, and the family thinks, ultimately the most important thing is to protect the students, these children in Mount Vernon,” she said. “This community has already been torn up enough as it is, and we didn’t want any child to have to be put in the position where they were facing national media and video cameras, and so forth. So, on behalf of the Doe family, which is the [Stephen] Dennis family, and all of the students that were subpoenaed by John Freshwater, I moved in a federal court and argued here in these proceedings to try to protect those children. I did not want to prohibit them from testifying. I wanted Mr. Freshwater to be there to face his accusers and to be able to cross examine them, but I thought that those children should be protected. And the family thought that as well.
“Ultimately, the Dennis family decided that they didn’t want this community to have to wait for a year or two to go through the legal proceedings that we would have had to have filed. They wanted this hearing to move on so this community can get answers and eventually heal.”
Kelly Hamilton, Freshwater’s attorney, said Superintendent Steve Short’s testimony was very revealing.
“I think we got answers to questions that many people are going to be very surprised about, and maybe even alarmed,” he said.
Short’s cross-examination took up most of Friday’s session, as well as a portion of Thursday’s. When asked why, Hamilton said, “The procedure in the administrative hearing is a fact-finding process because we haven’t had a previous opportunity to depose any of the parties. That’s part of what makes this a lengthy process. I think it’s important for your citizens to know that’s why it takes so long. I don’t know how many days it’s going to go on; it’s scheduled for at least seven days. If any of the main witnesses take any amount of time like Steve Short did, we’re going to be going way more than seven days.”
Hamilton explained why he petitioned to have the names of the complainant family made public.
“It matters that people know who the individuals are. Somebody’s job is at stake,” he said. “We now have an opportunity for full cross-examination. It was originally desired that they hold this hearing behind closed doors, and no media and nobody else. We don’t want that simply because that’s not part of the Constitution’s due process that is afforded to a teacher in John Freshwater’s position. It’s very important for us to have an open hearing because these issues are not so concluded the way that they have actually been reported in the media or around coffee shops.
“These issues are wide open,” he continued. “These issues are systemic within the Mount Vernon City School system, and the Mount Vernon City School system is really the truly responsible party here because of the lack of supervision and because of their administrative policies.”
The school board’s attorney, David Millstone, said he was disappointed that Freshwater was unwilling to permit the students to be able to testify without being put under public pressure, and testify and without having their names disclosed to the public.
“This is an emotional, heated issue,” he said, “which makes it very difficult for young people. Our concern, our first concern, is the well-being of the students. So we’re very disappointed with that. We hope there is no retaliation that’s taken against the Dennises or their son. We’re very concerned for both Zach and his parents.”
In reference to the proceedings, Millstone said he thought they were excessive in terms of the time spent in cross-examining Short.
“I believe he was on direct examination yesterday for an hour and 10 minutes, until about 2:15,” he said. “Then we went to five o’clock yesterday, and we’ve been here from 9:30 to 3:30 today, with an hour’s break. That’s almost eight hours.”
As to Short’s testimony, Millstone said, “I think Mr. Short did a terrific job. I thought that he came across as being very honest and caring. This has clearly been a difficult time for him. As he testified, Mr. Freshwater is a friend, but Mr. Short is doing what he believes is the right thing. He has a job to do and he’s doing it.”