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II - 75 1 in an alternative school, the student
goes in, the student 2 goes in to class, and they study and
they get credit for the 3 study that they did. In this case, no credit. No age 4 appropriate instruction whatever. In the ordinary 5 alternative school that you're talking
about, you go in and 6 you are not -- you are compelled to do
your work and mind 7 your business. You're not compelled to go to do other 8 things.
And if you do have a class such as shop where you 9 learn how to weld or use a belt sander
or other things like 10 that, you get credit. And the rules say, the Fair Labor 11 Standards Act rules say in order for
that to be considered 12 instruction rather than work, you have
to get credit. That's 13 one thing that takes it completely out
of the realm of 14 educational type situation. 15
THE COURT: Fine. Let me take this under 16 consideration. I'm going to rule on this in a little while. 17 Why don't we take a little break and
start back. Why don't 18 we let the jury know that we're going
to start back at ten 19 minutes to 12, and then we'll go to
12:30. And then I'll 20 make a ruling on this issue. And then if we've only got 21 whichever way that is, we'll just
continue on. If we've just 22 got the battery issue left, we'll deal
with that. If we have 23 both, we'll continue on. 24
MR. STILLEY: Thank you, Judge. 25
(Court in recess from 11:35 a.m. until 11:57 a.m.)
II - 76 1
THE COURT: Counsel, for the time being
the Court is 2 going to deny the motion for directed
verdict on the Fair 3 Labor Standards Act claim. The Court believes that it needs 4 a little bit greater basis if it's
going to grant this in 5 terms of curriculum versus job
situation in terms of the 6 items Mr. Blair mentioned that he
performed at the school in 7 terms of whether or not this is part
of the curriculum. 8 We've heard Mr. Blair's version that
this was work. The 9 Court believes that even though in
terms of an alternative 10 school, it may very well be that this
is the curriculum based 11 situation. But the Court believes it needs testimony on that 12 if it's going to make a ruling in that
regard. So the Court 13 will just hear further evidence on
that and we'll entertain 14 that motion at a later time. Okay. 15
MR. OLIVER: May it please the Court. Two problems 16 then as we move forward that I want to
bring to the Court's 17 attention. One is that if the Court is going forward, both 18 Mr. Parrish and Mr. Blair are on their
way. The odds of them 19 getting here today are zero. So in the course of the 20 evidence we want the Court to know
that Mr. Parrish and 21 Mr. Ron Blair based on the calls have
left to be here and 22 they probably will not be here before
close. 23
THE COURT: Are they going to give
testimony about 24 the curriculum versus employment? 25
MR. OLIVER: No, just the battery. I mean, Mr. Drew
II - 77 1 Parrish is a supposed witness to the
battery. I assume if 2 you're going to -- 3
THE COURT: Well, the battery wasn't
gone anyway 4 regardless. 5
MR. OLIVER: I was going to move to
dismiss that on 6 the pending jurisdiction basis. But we still have a 7 logistical problem. 8
THE COURT: We've gone this far in the
case, I will 9 not be inclined to -- 10
MR. OLIVER: Then I want you to know we
have a 11 logistical problem. 12
THE COURT: Where are they coming from? 13
MR. OLIVER: Knoxville, Tennessee and
Alma, 14 Arkansas, and they are both on their
way. 15
THE COURT: They ought to get here soon
then. 16
MR. OLIVER: We're trying. 17
THE COURT: Better call them. 18
MR. OLIVER: Already done that, Judge. 19
THE COURT: Call them again. 20
MR. OLIVER: I'll try that too. 21
THE COURT: Maybe we ought to perhaps
finish this 22 testimony today. 23
MR. OLIVER: We'll try. 24
THE COURT: Okay. Let's bring the jury on. The 25 defendants can start their case.
II
- 78 1
MR. OLIVER: I'd also like to complain
to the Court 2 the intention of Mr. Stilley, and
maybe the Court doesn't 3 want to hear it, but Mr. Stilley
intentionally left out when 4 he was talking to the Court about the
order that Judge 5 Cottrell's order, the concept of that
order and the fact that 6 it says Baptist Boys Academy in
Missouri or like facility. 7 Mr. Stilley -- that was in my opinion
an intentional omission 8 intended to mislead the Court in the
course of argument. 9 We've been through this with him
before, and I object to it 10 and want to call it to the Court's
attention. 11
THE COURT: Very well. Mr. Stilley, be mindful, you 12 are an officer of the court. 13
MR. STILLEY: Yes, Your Honor, I
certainly did not 14 intend to mislead you. 15
THE COURT: Right. Bring the jury on. 16
(The following proceedings continued within the 17 hearing of the jury:) 18
THE COURT: Good morning yet, ladies
and gentlemen 19 of the jury. Okay. We
ready to proceed? 20
MR. BRIGGS: Your Honor. Yes, Your Honor. 21 Defendants call Bo Gerhardt to the
stand. 22
THE COURT: Very well. 23
BO GERHARDT, 24 Having been first duly sworn, was
examined and testified as 25 follows:
II - 79 1
DIRECT EXAMINATION 2 BY MR. BRIGGS: 3 Q.
Mr. Gerhardt -- would you please state your full name 4 for the record. 5 A.
My name is Sammy Gerhardt, G-e-r-h-a-r-d-t. 6 Q.
And, Mr. Gerhardt, do you have a nickname that you go 7 by? 8 A.
Yes, sir. 9 Q.
And what is that? 10 A.
Bo. 11 Q.
Bo. For how long have you gone by that
nickname? 12 A.
Since my birth date when I was born. 13 Q.
Mr. Gerhardt, do you work at Mountain Park Baptist 14 Church and Boarding Academy? 15 A.
Yes, sir. 16 Q.
What's your job title there? 17 A.
Dean of men. 18 Q.
Did you work at Mountain Park back in October of 2001? 19 A.
Yes, sir. 20 Q.
And were you also the dean of men back then? 21 A.
No, sir. 22 Q.
What were you? What was your job title
back then? 23 A.
I don't know if I really had a job title. My 24 description of my duties were a boys
learning center 25 supervisor. And I just worked with the boys supervising in |
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