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         1    A.    Yes, sir.

         2    Q.    Back in 2001 to whom did you report at Mountain Park?

         3    A.    Brother Gerhardt, Sam Gerhardt, my father.

         4    Q.    Can you describe your duties as a learning center

         5    supervisor back in 2001?

         6    A.    Yes, sir, as the duties of a supervisor you make sure

         7    the day gets started off right by handing out tests, helping

         8    the students set their goals.  You help students if they have

         9    problems with academic questions, they need help in math, or

        10    algebra, whatever subject they're working in, you're there to

        11    assist and make sure their homework is turned in.  You may

        12    assign homework.  You check their goals and make sure they

        13    did the work they were supposed to do that day.  You do those

        14    sort of responsibilities of education in the learning center.

        15    Q.    Okay.  And this is part of that integrated educational

        16    program that Mrs. Wills testified about yesterday?

        17    A.    That is correct.

        18    Q.    Okay.  Back in 2001 did your duties include hiring any

        19    staff?

        20    A.    No, sir, they did not.

        21    Q.    No.  Did you have authority to hire or fire staff?

        22    A.    No, sir, I did not.

        23    Q.    Did you have authority to set salaries for any staff at

        24    Mountain Park?

        25    A.    No, sir, I did not.

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         1    Q.    Did you ever work at Palm Lane?

         2    A.    No, sir, I have not.

         3    Q.    Sir, did you graduate from high school?

         4    A.    Yes, sir, I did.

         5    Q.    Where did you graduate from high school?

         6    A.    Mountain Park Baptist Boarding Academy.

         7    Q.    So you actually attended the school you work at now; is

         8    that right?

         9    A.    Yes, sir, I did.

        10    Q.    Okay.  When did you graduate?

        11    A.    In May of 1997.

        12    Q.    And after you graduated from Mountain Park, did you go

        13    to college?

        14    A.    Yes, sir, I did.

        15    Q.    And where did you go to college?

        16    A.    I went to Crown College in Powell, Tennessee just

        17    outside of Knoxville, Tennessee.

        18    Q.    And is Crown College a Baptist college?

        19    A.    Yes, sir, it is.

        20    Q.    Now, in this case we've heard an awful lot about having

        21    to do various tasks both in and outdoors that students

        22    participate in while they are at Mountain Park and Palm Lane.

        23    Sir, when you were a student at Mountain Park, where did you

        24    live?

        25    A.    When I was a student at Mountain Park I lived in the

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         1    boys' dorm with the boys.

         2    Q.    And just so we can kind of get a picture for it, the

         3    boys, they live in a single dormitory at Mountain Park; is

         4    that right?

         5    A.    Yes, sir, that is correct.

         6    Q.    Okay.  How many stories or how many floors did the

         7    dormitory have back in 2001?

         8    A.    It had and still does have two floors.

         9    Q.    Okay.  And what's done on each floor, if you will?

        10    A.    The layout of it is downstairs you walk in and it's

        11    kind of a mud room, is what we call it.  You kick your boots

        12    off so you don't track through the dorm.  To the left you'll

        13    see a laundry room where we have commercial washers and

        14    dryers.  You continue to walk down a hall.  There's a

        15    toiletries on the left.  On the right you have showers.  You

        16    walk on in a little farther you have what we call the sink

        17    room where we have sinks and mirrors, a water fountain,

        18    lockers.  And also downstairs is also another side room

        19    that's connected that's also full of lockers for students.

        20             If you go up the stairs to the left it will be just

        21    bunks where we just have bunk beds and a fireplace and a big

        22    screen TV for movies.

        23    Q.    Okay.  So the dorm space is one big common area where

        24    there are bunk beds and chairs and a television and such?

        25    A.    That's correct.

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         1    Q.    While you were a student at Mountain Park,

         2    Mr. Gerhardt, did you also participate in various tasks that

         3    the other male students performed?

         4    A.    Yes, sir, if the boys worked mowing lawns, I was right

         5    beside them.  I was no different.  Whatever duties, work

         6    details, whatever it was, I was one just like them.

         7    Q.    Okay.  Having been a graduate at Mountain Park and also

         8    having worked there now, can you tell the jury what the

         9    mission or purpose of Mountain Park is?

        10    A.    First and foremost the mission of Mountain Park is to

        11    help young people have a walk with God to provide an

        12    atmosphere that nurtures biblical self image, respect for

        13    authority.  And our other mission also is provide a college

        14    preparatory academic program.

        15    Q.    Okay.  And I'll show you page 2 of what's already been

        16    marked and offered as Plaintiff's Exhibit 9.  And are those

        17    twin missions, are those within Plaintiff's Exhibit 9 the

        18    Mountain Park student/parent handbook?

        19    A.    Yes, sir, they are.

        20    Q.    Okay.  Mr. Blair -- or sorry, pardon me, Mr. Gerhardt,

        21    what I'd like to do is go through a typical day at Mountain

        22    Park.  If you could walk us through it.  And I'll show you

        23    what's been marked as Plaintiff's Exhibit -- or, excuse me,

        24    Defendants' Exhibit C.  And pointing to what's described as a

        25    Monday, sir, taking a look at that for just a moment, can you

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         1    tell us if that accurately reflects what a typical Monday

         2    would be like at Mountain Park?

         3    A.    Yes, sir, that's an accurate description of it.

         4    Q.    Okay.  And what is Defendants' Exhibit C?  Is that for

         5    the male students?

         6    A.    Yes, sir, it is.

         7    Q.    Okay.  Do the young ladies, the women, do they maintain

         8    a different schedule than the boys?

         9    A.    I don't know exactly their schedule because I deal with

        10    just the boys on a daily basis.  I can give you my opinion.

        11    I believe, I'm not positive, but I believe it is somewhat

        12    different.

        13    Q.    Okay.  So would it be fair to say then that boys and

        14    girls don't mix at Mountain Park?

        15    A.    That is very fair to say.

        16    Q.    Now, taking a look at the typical Monday, if you could

        17    walk us through it.  Starting with rise and shine and

        18    personal hygiene, can you explain for the jury what's meant

        19    by personal hygiene?

        20    A.    Personal hygiene is the daily care of your body, brush

        21    your teeth, comb your hair, washing your face.

        22    Q.    Why is that important, Mr. Gerhardt?

        23    A.    There's several reasons why it's important.  No. 1 in

        24    my mind is that a Christian ought to make sure their body is

        25    kept nice and clean because it is the temple of God.  And

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         1    that, you know, you smell good, you look good, you look

         2    sharp.  I think Christian people need to look good and keep

         3    their body clean so we can use it for a long time.

         4    Q.    And when you say that in your faith that the body is a

         5    temple of God, does that kind of relate to this biblical self

         6    image that you testified about a few minutes ago that's a

         7    mission of Mountain Park?

         8    A.    I think that's hand in hand, yes, sir.

         9    Q.    Now, bible reading and personal devotions, can you

        10    describe that briefly for the jury?

        11    A.    Yes, sir, in the morning we all go upstairs and we read

        12    the bible from Genesis through Revelation.  And January 1st

        13    we begin reading Genesis 1, and we'll read about 15, 20

        14    minutes.  And everybody is in the dorm, sat down kind of a

        15    semi-circle, and each person reads a versus until we read for

        16    the 15 or 20 minutes.

        17             After that the student has personal time to

        18    themselves.  They can go back to their bunk.  They can then

        19    choose to have a personal devotion, reading their bible, just

        20    their personal time, not as a dorm.  Or they can take that

        21    time and kneel by their bunk and pray, but just kind of quiet

        22    time with them and God, not as a whole group.

        23    Q.    After that we eat breakfast.  And common area cleaning,

        24    can you describe for the jury what common area cleaning is?

        25    A.    Yes, sir.  We have a job list that rotates every two

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         1    weeks.  And on that job list there will be multiple chores.

         2    No. 1 may be laundry, and there also may be cleaning, mopping

         3    downstairs, cleaning, mopping upstairs.  Dusting, dorm trash,

         4    sinks and mirrors, and showers and toilet area.  And each

         5    student has their name besides a certain duty.  Or their team

         6    is besides a certain duty that must be done that morning.

         7    And so during that time the student has to get the right

         8    chemicals and the right things and clean the toilets or

         9    clean, sweep and mop, just whatever needs to be done that day

        10    for that particular team.

        11    Q.    Okay.  So the boys, they work in teams when they do the

        12    common area cleaning?

        13    A.    Yes, sir, they do.  One team will be upstairs, one team

        14    will be downstairs, one team will be in the laundry.  So they

        15    stay together as a team as they perform these common area

        16    cleaning.

        17    Q.    Okay.  Now, this team, is team work important to the

        18    missions of Mountain Park?

        19    A.    I know it's very important to the mission at Mountain

        20    Park.

        21    Q.    And does it also relate to the positive peer pressure

        22    that Mountain Park is trying to instill in its students?

        23    A.    Yes, sir, it does.  It does definitely do that.

        24    Q.    Okay.  Now, after common area cleaning it looks like we

        25    get ready for school and academic training.  Is that the

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         1    dual, both bible and academic curriculum, integrated

         2    curriculum that we've talked about already?

         3    A.    Preparation for school means that a student, the

         4    student would at that time get their homework together, their

         5    PACE, make sure their pencils are sharp and they got the

         6    right pens, whatever they need for that school day.  It's

         7    just preparation time so they can walk into the learning

         8    center ready to go.

         9    Q.    Okay.  And for about how long are they in the learning

        10    center then?

        11    A.    They are in the learning center from nine o'clock.  We

        12    have one break up till noon or ten till noon.  We eat at

        13    noon.  We're out for an hour lunch break and then we resume

        14    classes at one o'clock and go till two o'clock.

        15    Q.    Okay.  Now, after two o'clock what happens next?

        16    A.    From two to 2:30 the students then were dressed more in

        17    preppier clothes, khakis and like a button down T-shirt,

        18    dress shirt.  Then we change clothes to blue jeans and

        19    T-shirts, put your work boots on to get ready to go to work

        20    during that 30 minutes time that we prepare for work details.

        21    Q.    Okay.  Now, do you do work detail every afternoon?

        22    A.    No, sir, we don't.  I'll tell them, I'll tell the boys

        23    beforehand, for instance, if it's a beautiful day and I know

        24    the fish are biting this time of year, we'll tell them to go

        25    get their fishing clothes on, we'll go fishing.  Or if we

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         1    want to play basketball, I'll tell them to put their

         2    basketball shoes on.  It just depends what the weather is

         3    like.

         4    Q.    Okay.  We're -- back in 2001 were you also involved in

         5    deciding what the activity would be in the afternoon?

         6    A.    Yes, sir, I was very much involved with deciding the

         7    activity of the afternoons.

         8    Q.    Okay.  And that was done under the direction of Pastor

         9    Gerhardt?

        10    A.    Yes, sir.

        11    Q.    On occasions back in 2001, maybe early 2002 when you

        12    were at Mountain Park when the kids were going to go out and

        13    play games, say basketball, would you also play along with

        14    them?

        15    A.    Yes, sir, I would.  We would -- I'd be right there

        16    beside them, the best that I could at that time.

        17    Q.    Okay.  Why do you say the best that you could at that

        18    time?

        19    A.    I had just went through a serious knee surgery where

        20    they went in and put several bolts through my knee.  So it

        21    limited me in some of the activities of running up and down

        22    the court.  Limited me in running around bases, those kind of

        23    things.  So the best of my -- I would either coach or pitch

        24    the softball.  I would do what I could that wouldn't

        25    interfere with my knee.

                                                                    II -  90

         1    Q.    Okay.  Now, you talked about some of the work detail.

         2    Are these -- are these tasks that are also done in teams by

         3    the students?

         4    A.    Yes, sir, they are also done in teams by the students.

         5    Q.    Okay.  And if you can tell the jury, what are some of

         6    those work detail tasks that are done at Mountain Park?

         7    A.    A lot of it is seasonal.  In the summertime the grass

         8    grows terribly fast.  And so we'll get out and we'll mow if

         9    it needs to be mowed.  If the concrete is dirty, we'll sweep

        10    it off.  If we have something that -- a tree that's fallen

        11    down, we'll pick up the brush around, haul it around, pick up

        12    limbs, pick up trash.  We live down a dirt road so we wash

        13    vehicles and make sure the vans, the vans, the vehicles on

        14    the property, all the vehicles on the property are well

        15    maintained and are washed and look good.

        16             Those are the -- and we haul firewood.  We have wood

        17    burning stoves where we get our heat and hot water.  So in

        18    the wintertime that keeps us pretty busy hauling wood to the

        19    stoves so we can maintain heat and hot water.  So those are

        20    some of the activities we would do in a typical work

        21    afternoon.

        22    Q.    Okay.  Now, are some areas of Mountain Park's campus

        23    actually as far as the lawns and stuff, are they actually

        24    maintained by somebody other than the students?

        25    A.    Yes, sir, they are.  We have on staff during the summer