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         1    the end of 2000 towards the start of 2001 I attended

         2    International Academy of Christian Education.

         3    Q.    Okay.  When you were going to Alma public schools, did

         4    you have some sort of sports or hobbies that you engaged in?

         5    A.    Yes, sir.

         6    Q.    And what were they?

         7    A.    I was a member of the band.  I was a member of the

         8    football team.  I ran track.  And that was about it.

         9    Q.    Did you enjoy the football?

        10    A.    Excuse me?

        11    Q.    Did you enjoy playing football?

        12    A.    Absolutely.

        13    Q.    How long did you play football?

        14    A.    I started playing football since fourth grade.

        15    Q.    What positions did you play?

        16    A.    Tailback on offense, and on defense I played

        17    linebacker.

        18    Q.    What kind of grades did you have while you were playing

        19    football?

        20    A.    3.5, 3 point.

        21    Q.    Okay.  And when you were at the Christian school, tell

        22    us about that experience.  Tell us where you started in the

        23    Christian school.  Let's start with that.

        24    A.    Well, my brother had gotten into some trouble and the

        25    public schools wouldn't allow him to continue on in their

                                                                    I - 136

         1    school system.  So as an alternative my parents went ahead

         2    and enrolled all of us, all of my brothers into a Christian

         3    school.  I then started there and finished the end of my

         4    sophomore year and junior and senior year of high school.

         5    Q.    Did you complete the courses of education for that

         6    program?

         7    A.    Yes, sir.

         8    Q.    And when did you complete that?

         9    A.    In 2001.

        10    Q.    About what time?

        11    A.    October.

        12    Q.    Okay.  Now, we're going to skip forward to this a

        13    little bit later, but did -- when you came to Mountain Park,

        14    did Mountain Park realize that you had completed the

        15    requirements for high school?

        16             MR. BRIGGS:  Objection, Your Honor.

        17             THE COURT:  What's the purpose?

        18             MR. STILLEY:  I just asked if they were aware that

        19    he had completed the requirements.

        20             THE COURT:  If who?  Sustained.

        21    BY MR. STILLEY:

        22    Q.    Okay.  And had you had any paid employment prior to

        23    October of 2001?

        24    A.    Yes, sir.

        25    Q.    And can you tell us about that?

                                                                    I - 137

         1    A.    I worked construction for Rick Parker Construction.

         2    When I was -- I started doing that when I was 15.  I did that

         3    for a little over a month.  And I've also worked for the

         4    school that I attended, the IAC, which is the abbreviation

         5    for the International Academy of Christian Education.  I got

         6    paid $6 an hour for the job that I had at IAC.  And I was

         7    paid $8 an hour for the construction work.

         8    Q.    Okay.  Did you leave those jobs on good terms?

         9    A.    Yes, sir.

        10    Q.    Now, you've told us about band and football.  Were --

        11    both of those were school sports, correct?

        12    A.    School activities.

        13    Q.    School activities, beg your pardon.  Were you

        14    engaged -- involved in any other sports outside of school?

        15    A.    Just playing around with my brothers or church

        16    activities, that sort of thing.

        17    Q.    Did you have some church activities that were exercise

        18    related?

        19    A.    Yes, sir.

        20    Q.    And what was that?

        21    A.    Volleyball, we played baseball, things of that nature.

        22    Q.    Anything else?

        23    A.    That's all I can think of as of now.

        24    Q.    What is your religious background?

        25    A.    I grew up in a nondenominational home, Christian home.

                                                                    I - 138

         1    We went to a nondenominational church.  And that's basically

         2    what I grew up in.

         3    Q.    Were you comfortable with that?

         4    A.    Yes, sir, at the time.

         5    Q.    Did you have friends at church that you did activities

         6    with?

         7    A.    Yes, sir.

         8    Q.    Now, what was the date that you were taken to Mountain

         9    Park?

        10    A.    October 24th, 2001.

        11    Q.    Okay.  Can you tell us what happened?  Who did you

        12    first meet when you got there?

        13    A.    Drew Parrish and Matt Elmore.

        14    Q.    Did you know what to expect when you arrived there?

        15    A.    No, sir.

        16    Q.    What did they do with you at that point in time?

        17    A.    Well, first I had to have the handcuffs taken off of

        18    me, so that was done.  Then Drew Parrish led me into the

        19    boys' dorm.  Well, actually I had said hi to him or something

        20    like that and I didn't call him or I didn't say yes, sir to

        21    him, so he corrected me for that.  Then he -- I was taken to

        22    the boys' dorm.  And the door was sealed tight behind me and

        23    a bed moved in front of it.  So then I was being pushed into

        24    the hallway through the boys' dorm where I encountered three

        25    or four other individuals, Matt Elmore was one of those,

                                                                    I - 139

         1    Jason Lowe, Drew Parrish, and I think that was it at that

         2    time.

         3    Q.    Okay.  Did these individuals take you somewhere?

         4    A.    I was -- well, I met them in the bathroom sink

         5    through -- the staff had a little room right adjacent from

         6    the bathroom facilities.  So it was right in there, in that

         7    hallway.

         8    Q.    Okay.  What happened -- did they ask you to do

         9    something at that point in time?

        10    A.    I was told to remove all my clothing and to -- well,

        11    first what I had said to them was I had wanted to file a

        12    defense petition, a family in need of services petition.  I

        13    was being abused --

        14             MR. BRIGGS:  I'll object at this point.

        15             THE COURT:  Where are we going?

        16             MR. STILLEY:  Your Honor, I was just trying to take

        17    him through the chain of events when he first got there.

        18             THE COURT:  Well, some chains of events you may need

        19    to skip.

        20             MR. BRIGGS:  Your Honor, I'll ask you to instruct

        21    the jury to disregard the testimony.

        22             MR. STILLEY:  Your Honor, can we approach on this?

        23             THE COURT:  No, the jury will disregard his last

        24    statement.

        25    BY MR. STILLEY:

                                                                    I - 140

         1    Q.    Well, don't say anything -- can you tell us what

         2    happened after that?

         3    A.    Bo Gerhardt then came from the downstairs area.

         4    Q.    Is that the first time that you had seen Bo Gerhardt?

         5    A.    Yes, sir.

         6    Q.    And what happened then?

         7    A.    I had proceeded to ask him some things that I felt

         8    needed to be addressed immediately, legal needs that I had.

         9    Then I was told that I was to not talk about those things,

        10    that those things wouldn't be done.  I had asked to speak to

        11    an attorney.  And I was not going to be allowed to speak to

        12    an attorney.

        13             MR. BRIGGS:  I would object to his testimony.  We've

        14    been through this.

        15             MR. STILLEY:  Your Honor, I'm just trying to --

        16             THE COURT:  Move on.  Just move on.

        17    BY MR. STILLEY:

        18    Q.    Okay.  And what happened after that?

        19    A.    Well, as a reprimand I was shoved into the wall, the

        20    sink counter.  And then I was -- I froze.  I mean, I couldn't

        21    do anything.  I was just scared.  I had four or five other

        22    guys around me.  I mean, I felt like fighting back but I

        23    couldn't do anything about it.  And then I was told to go

        24    take all my clothes off and go take a shower.  And then he

        25    proceeded to follow me into the shower.  And Matt Elmore came

                                                                    I - 141

         1    along with us, with him.

         2    Q.    Okay.  Who followed you into the shower?

         3    A.    Matt Elmore and Bo Gerhardt.

         4    Q.    Did they watch you take a shower?

         5    A.    Yes, sir.

         6    Q.    Who was it that slammed you up against the wall?

         7    A.    Bo Gerhardt.

         8    Q.    How hard?

         9    A.    Very hard.

        10    Q.    Did it hurt?

        11    A.    Absolutely.

        12    Q.    Did it leave any marks?

        13    A.    I'm not aware of it.

        14    Q.    How long did it hurt?

        15    A.    That whole night.

        16    Q.    Did that cause any -- did that cause you any fright or

        17    fear later on?

        18    A.    Absolutely.

        19    Q.    And can you describe that for the jury?

        20    A.    Yes, sir.  There was no way of -- in a normal situation

        21    you have -- you're able to make decisions on your own.  And

        22    you know what you believe and you go and you try to -- if

        23    something is -- I saw things that happened at Mountain Park

        24    and things that happened to me that --

        25             MR. BRIGGS:  Your Honor, may we approach?

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         1             THE COURT:  Reask your question.  This answer is

         2    nonresponsive.

         3    BY MR. STILLEY:

         4    Q.    Okay.  What was the psychological impact of you on

         5    being slammed up against the wall?

         6    A.    I was absolutely frightened.

         7             MR. BRIGGS:  I object.  That requires expert

         8    testimony.

         9             THE COURT:  Rephrase your question.

        10    Q.    Okay.  Can you tell the jury what long lasting impact

        11    that you suffered as a result of being slammed up against the

        12    counter?

        13    A.    Well, I was scared all the time.  Any time anybody

        14    raised their hands around me, I was scared.  I kept my mouth

        15    shut.  I did what I was told.  I wasn't allowed to look at

        16    other people.  I didn't even -- there was no responsiveness

        17    from me, it was like I became a zombie.

        18    Q.    And how long did these feelings last?

        19    A.    The entire time I stayed there.

        20    Q.    Did they stop immediately after you got out?

        21    A.    Oh, no.

        22    Q.    How long did they last after that?

        23    A.    Months.

        24    Q.    Now, playing football you took some pretty hard knocks,

        25    did you not?

                                                                    I - 143

         1    A.    Absolutely.

         2    Q.    What would be the difference between getting knocked

         3    down in football and getting slammed up against the wall?

         4    A.    There's rules and regulations.  There's an official

         5    sitting who is watching the game.  If it's something that is

         6    considered a foul --

         7             MR. BRIGGS:  Your Honor, I object.  May we approach?

         8             THE COURT:  No.  Sustained.

         9             MR. BRIGGS:  I'll ask the Court to instruct the jury

        10    to disregard the testimony.

        11             THE COURT:  Rephrase your question.  Overruled.  No.

        12    BY MR. STILLEY:

        13    Q.    Can you explain to the jury the difference between the

        14    getting slammed up against the wall by Bo Gerhardt and being

        15    struck in football by an opposing player?

        16             MR. BRIGGS:  I'll object, Your Honor.

        17             THE COURT:  Sustained.

        18    Q.    Why did you -- why did you suffer these ill feelings

        19    for many months as a result of being battered by Bo Gerhardt?

        20    A.    I was scared.

        21    Q.    And why were you scared?

        22    A.    Because if that's the kind of behavior that is going to

        23    happen, or that's the kind of action that's going to happen

        24    just from me simply asking a question, then I can't do any --

        25    I can't be responsive to anything throughout the next -- you

                                                                    I - 144

         1    know, eight months or five months that I stayed.

         2    Q.    Well, now were you ever told about a no-touch policy

         3    while you were at Mountain Park?

         4    A.    No, sir.

         5    Q.    Did you ever see any indication that there was a

         6    no-touch policy?

         7    A.    No, sir.

         8    Q.    Did you ever see any indication that there was not a

         9    no-touch policy?

        10    A.    Yes, sir.

        11    Q.    And what's the basis for your understanding of that?

        12    A.    Well, during orientation it has to be within slapping

        13    distance of an orientation guide.

        14             MR. BRIGGS:  Objection, Your Honor.  Move to strike.

        15             MR. STILLEY:  Your Honor, I'm just trying to show

        16    the nature of the circumstances that he was in.  Give the

        17    jury some idea --

        18             THE COURT:  Hold on.  You're talking about some

        19    policy.  Do you have some written statement?

        20             MR. STILLEY:  No.  Apparently there isn't a written

        21    statement, no-touch statement.

        22             THE COURT:  Fine.  I'm not clearly understanding

        23    what's being testified to.

        24             MR. STILLEY:  Okay.  There's been previous testimony

        25    about a no-touch policy.  I'm asking him about his personal

                                                                    I - 145

         1    knowledge about whether, in fact, there was a no-touch policy

         2    enforced.

         3             MR. BRIGGS:  Your Honor --

         4             THE COURT:  Well, I mean, he has to -- what's the

         5    basis of that?

         6             MR. STILLEY:  I'm trying to get his personal

         7    knowledge.

         8             THE COURT:  You act like he is the administrator of

         9    the school.

        10             MR. STILLEY:  No.

        11             THE COURT:  Then why don't you ask him the basis of

        12    his knowledge.

        13             MR. STILLEY:  I'll be glad to.  Certainly.

        14             THE COURT:  Overruled.

        15    BY MR. STILLEY:

        16    Q.    Mr. Blair, what's the basis of your knowledge

        17    concerning the actual operation of a no-touch policy at

        18    Mountain Park and Palm Lane?

        19    A.    That there is none.

        20    Q.    And why do you -- what is your basis of personal

        21    knowledge for saying that to the jury?

        22    A.    Well, I've seen Sam Gerhardt himself as I was walking

        23    out of the boys' dorm grab --

        24             MR. BRIGGS:  Objection, Your Honor.  Move to strike.

        25             THE COURT:  Sustained.

                                                                    I - 146

         1             MR. STILLEY:  Can I approach on that?

         2             THE COURT:  No.  You were given these opportunities

         3    to ask this question and it's just totally nonresponsive --

         4             MR. STILLEY:  I don't want to tread across the line.

         5             THE COURT:  -- about some other incident.

         6             MR. STILLEY:  I don't want to tread across the line.

         7    I think I can shorten this for you if I can approach on this.

         8             THE COURT:  You try.  Let's move on.

         9             MR. BRIGGS:  Your Honor, may I ask the Court to

        10    instruct the jury to disregard.

        11             THE COURT:  No.  We're moving on.  We're moving on.

        12    BY MR. STILLEY:

        13    Q.    Okay.  What was the name of the student you just told

        14    us about?

        15             THE COURT:  Hold on.  I said we are moving on.

        16             MR. STILLEY:  I'm trying to move on.

        17             THE COURT:  Well, you got to try harder.  Because

        18    now you've told about another incident.  I did not ask the

        19    jury to disregard.  You know, we weren't supposed to be there

        20    no kind of way.  You have crossed the line there.  So let it

        21    go and move on.  I'm letting it go.  Let's move on.

        22             MR. STILLEY:  I'm going to use another way to make

        23    sure I don't step on that line.

        24             THE COURT:  Well, the way you're using it is not

        25    working.  You need to move to another subject.

                                                                    I - 147

         1             MR. STILLEY:  Okay.

         2    BY MR. STILLEY:

         3    Q.    Disregarding anything that you previously talked about,

         4    did you see anything that would give you personal knowledge

         5    about whether or not there was, in fact, a no-touch policy in

         6    effect at Mountain Park.

         7             THE COURT:  Okay.  We're moving on from this.  We

         8    are moving on from this.

         9             MR. STILLEY:  Is he not going to be allowed to give

        10    any other evidence concerning whether there was, in fact, a

        11    no-touch policy?  None at all?

        12             THE COURT:  We have tried this.  You tried it

        13    several times and then he wants to tell us about some other

        14    incident.

        15             MR. STILLEY:  Your Honor, there was testimony

        16    concerning a policy.  What I'm trying to do --

        17             THE COURT:  Fine.  Then he couldn't tell us.  He

        18    told us about something different, about something that

        19    happened.

        20             MR. STILLEY:  What I'm trying to do is put forth

        21    testimony that there is no such policy.  De facto, the policy

        22    is the exact opposite of what they said.

        23             THE COURT:  I never heard anybody say anything about

        24    any policy other than you.

        25             MR. STILLEY:  It was Betty Wills.

                                                                    I - 148

         1             THE COURT:  Try this one more time.  That's it.

         2    Either -- you know, it's either you saw this in writing or

         3    you were told, it is as simple as that.  It is as simple as

         4    that, by someone in authority, okay.  Your witness.

         5             MR. STILLEY:  I don't understand what you're saying

         6    though, Judge.  I really don't understand.

         7             THE COURT:  When you asked him did he have any

         8    knowledge about any such policy, he wants to talk about

         9    something happened that was contrary to some policy rather

        10    than policy.  You asked him what his knowledge of a policy

        11    was.  Either he saw it in writing or was told by someone in

        12    authority, okay.  It is as simple as that.

        13             MR. STILLEY:  Well, what I'm trying to do --

        14             THE COURT:  Fine.  Ask the question one more time.

        15    BY MR. STILLEY:

        16    Q.    Do you have personal knowledge as to the -- strike

        17    that.  Do you know what I mean when I say de facto?

        18             THE COURT:  Oh, please.  A whole lot of people don't

        19    know what you mean when you say that.  Come on.

        20    Q.    Let me put it like this.  Do you understand what I mean

        21    when I ask what the actual policy is?

        22             THE COURT:  Why don't you ask him this, did he see

        23    something in writing or did somebody in authority tell him

        24    that was the rule or the policy.

        25             MR. STILLEY:  I'm not concerned about that.  I don't