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II - 111 1 and outside the hearing of the jury:) 2
THE COURT: One has to look at this
procedure as a 3 play. 4
MR. STILLEY: Certainly. 5
THE COURT: And like plays and poems,
there are 6 themes. 7
MR. STILLEY: Right. 8
THE COURT: You don't seem to have one
when you're 9 dealing with someone, and you start
asking them questions and 10 you just go down some road, and if
something pops up, that's 11 all good. You must have a theme. I mean, please.
We must 12 finish this within our lifetimes. You know, and when they 13 start asking about did they have
discretion about when to 14 brush their teeth. I mean, come on.
Only thing you could 15 even show with that even if you could,
what does that have to 16 do with employment or battery? Nothing. You
best get a 17 theme going with what you're doing. You have to have a theme 18 in mind as a producer of a play. See, you're trying to 19 produce a play and show it to them. And you got no theme, so 20 you got no play. 21
Where are you going with this? What
about the teeth 22 brushing? So think about that. We're talking about it in 23 this little situation here about the
personal hygiene time. 24 But you need to think about it overall
in terms of what 25 you're doing so we can finish this
rather than you just
II - 112 1 asking something. 2
MR. STILLEY: Basically what they are
testifying 3 through this document, they are
testifying that a student has 4 45 minutes to go to the bathroom, to
shower, to shave, brush 5 their teeth, all the things that they
need to do. I just 6 want him to say that the students have
this opportunity to 7 use this time as they need and see fit
to use it. 8
THE COURT: Please. No, no, no. We're
not going 9 there, please. We're not going there. You're wasting my 10 time. 11
MR. STILLEY: I would be done if I just
got that one 12 answer. 13
THE COURT: I'm not worrying about you
being done 14 with this little answer. I'm worrying about you being done 15 with the whole case, because you all
told me three days. You 16 see what I'm saying. And I told this jury. You're worried 17
about something little. I'm worried
about the big picture. 18 You're worried about pennies, I'm
worried about dollars. You 19 got it? 20
MR. STILLEY: Well -- 21
THE COURT: Well, then get with it. Bye. 22
(The following proceedings continued within the 23 hearing of the jury:) 24 BY MR. STILLEY: 25 Q.
Now, you told about times that the kids would get to go
II
- 113 1 fish; is that correct? 2 A.
Yes, sir. I'm the fish addict, and
when bass start 3 striking, it just -- we go out and
catch fish. 4 Q.
And how often do the students
get to do this? 5 A.
About twice a week. 6 Q.
Twice a week. And what's the season
for that? 7 A.
Right now we're catching them quite a bit. Every
time 8 we go out, we catch about 15 or 20. 9 Q.
Would that be about February to November? 10 A.
You know, Missouri weather changes from day to day, so 11 whenever we have a beautiful sunny day
and the wind is not 12 blowing, we get out and try to catch
some fish. 13 Q.
How many fishing poles does Mountain Park have for the 14 students? 15 A.
Boy, most the times students provide their own fishing 16 poles.
But I think we have at least 40 fishing poles, rods 17 and reels. Mountain Park, myself with my own personal money 18 has went out and bought lures and
things for the boys so they 19 can use to have things to fish with. They have a good time 20 going and digging up worms. That's one of their favorite 21 things to do in the afternoon before
it rains. It seems like 22 the worms just know when they come,
and the boys just love 23 digging them up. So we have a lot of fishing poles, a lot of 24 lures, a lot of worms. 25 Q.
Let's move on to sports. About how
often do the
II - 114 1
students get to participate in sports? 2 A.
Once a week. If we're not fishing,
we're playing 3 sports.
If it's an activity day that we're going to play day 4 so to speak, if we don't fish, we'll
go and play basketball, 5 softball. And we built a nice sand volleyball pit, and we 6 play sand volleyball. 7 Q.
So a couple times a week? 8 A.
Yes, a couple times a week. 9 Q.
An hour or two each time? 10 A.
Well, it would be the same as if you look on the 11 schedule, you see from 2:30 it's very
well and very plain. 12 And we've seen it the whole time, from
2:30 till five o'clock 13 it says work or sports. And if we're not working, we take 14 from 2:30 to five o'clock to play the
sports. 15 Q.
Now, isn't it true that the students are not allowed to 16 keep journals? 17 A.
No, sir, that is not true. 18 Q.
Students are allowed to keep journals? 19 A.
Yes, sir, they do have journals. 20 Q.
Are they allowed to keep a journal at the time they 21 spent at various activities? 22 A.
I guess I don't understand exactly your question. 23 Q.
Well, if a student wishes to keep a log that records 24 how much time they spend at work
activities as opposed to, 25 say, sports or fishing, are they
allowed to do that and keep
II - 115 1 that record? 2 A.
I suppose that question would need to be directed to 3 Brother Gerhardt. He would be the one that would ultimately 4 decide. 5 Q.
You have personal knowledge of the answer to that, do 6 you not? 7 A.
Personal knowledge of the answer? I
gave you my 8 answer.
I don't understand. 9 Q.
Isn't it true that you yourself had punished students 10 for keeping a journal? 11
MR. BRIGGS: Objection, Your Honor,
this is outside 12 the scope of direct. It's also collateral source. 13
MR. STILLEY: Your Honor, they are the
ones that are 14 complaining about lack of sufficient
record of time spent on 15 work. 16
THE COURT: Don't overdo it. 17 MR. STILLEY:
Certainly, Judge. 18
THE COURT: I understand. Overruled. You
may 19 answer. 20 A.
Would you please restate the question one more time for 21 me? 22 Q.
Isn't it true you yourself have disciplined students 23 for having kept a journal or a log of
things and activities 24 they have been involved in? 25 A.
No, sir, that is not correct. Absolutely
not correct.
II
- 116 1 Q.
And you're positive of that, correct? 2 A.
I am absolutely positive that is not true. 3 Q.
Now, when it's time to do work, do you teach efficiency 4 at work? 5 A.
Certainly. I think efficiency is very
important. If 6 it's worth doing, it's worth doing
right is our opinion. 7 There's no point in having to rewash a
vehicle because you 8
didn't wash it right the first time. And
so efficiency, 9 110 percent, boy, that's very
important in doing a job. 10 Q.
So when you have the students haul wood, you have those 11 students haul it in the most efficient
manner that is 12 reasonably possible, correct? 13
MR. BRIGGS: Your Honor, I'm going to
object at this 14 point.
This is outside the scope of direct. 15
THE COURT: Sustained. 16 BY MR. STILLEY: 17 Q.
You also said that some people were given work for 18 corrective reasons, correct? 19 A.
Yes, sir, that is correct. 20 Q.
And what kind of reason might be -- strike that.
What 21 might cause a student to be assigned
corrective work? 22 A.
That is something that's -- if you'll allow me to say 23 very difficult to answer, for the fact
that it's not 24 something you do one thing the first
time and you 25 automatically get put on maybe a work
detail. It may become
II - 117 1 after warning after warning after
warning after previous 2 corrections may have been made, and
it's one of the last 3 things.
So I can't say you do this, this is what happens. 4 Q.
Okay. How long can the corrective work
assignment be? 5 A.
Very subjective question. I mean, it's
depending on 6 the individual. 7 Q.
Can it be a month? 8 A.
Again, it's very subjective. 9 Q.
Six months? 10 A.
Once again, it can be very subjective. 11 Q.
So it's possible that some of these students that are 12 put on work for corrective purposes
for a whole six months? 13 A.
No, sir, I would say that's not possible. 14 Q.
Are you sure that's not possible? 15 A.
Yes, sir, I'm very positive that's not possible. 16 Q.
Now, did I understand you correctly when you were 17 testifying on direct to say that you
simply present the 18 gospel to the students and let them
decide to accept or 19 reject it? 20 A.
You can't make anybody trust Christ. 21
MR. BRIGGS: Your Honor. 22
THE COURT: He may answer that. He's answered it. 23 A.
You can't make -- it's not like a flip top, you just 24 flip the head open and pour it in. It's a personal decision. 25 You can't force anybody to trust the
Lord as their personal
II
- 118 1 savior.
It's impossible. It's completely
impossible. 2 Q.
Do you ever take away King James version bibles because 3 the Mountain Park disagrees with the
content of that bible? 4
MR. BRIGGS: Objection, Your Honor,
this is outside 5 the scope of direct. 6
THE COURT: Sustained. 7
MR. STILLEY: Your Honor, may we
approach? I've got 8
another question. Okay. 9 BY MR. STILLEY: 10 Q.
From time to time you have students who are not of the 11 Christian faith, correct? 12 A.
Yes, sir, that is very correct. 13 Q.
Are they compelled to participate in Christian 14 religious activities? 15
MR. BRIGGS: Objection, Your Honor,
it's 404(b) 16 objection. 17
THE COURT: Sustained. 18 Q.
I noticed in the handbook, did I not, on your direct 19 examination that there is a clause in
the handbook that 20 Mountain Park has a policy of racial
nondiscrimination; is 21 that correct? 22 A.
I don't know if you notice that or not. 23 Q.
Do you recall if that document -- do you know if that 24 policy is in Mountain Park's handbook? 25 A.
Non -- I'm sorry, restate it for me, please.
II
- 119 1 Q.
Racial nondiscrimination. 2 A.
Yes, sir, that is correct, that is our policy. 3 Q.
Okay. Do you know what that policy
calls for? 4
MR. BRIGGS: Objection, Your Honor,
relevance. 5
THE COURT: Sustained. 6
MR. STILLEY: Your Honor, can I
approach on this? 7
THE COURT: You need to ask yourself. You know, 8 it's like I'm getting tired, tired,
tired, tired. Does it 9 have anything to do with battery? Does it have anything to 10 do with the Fair Labor Standards Act
in terms of employer/ 11 employee? And now we've sort of gone into curriculum as to 12 whether or not something is work or
curriculum, okay. So 13 that's it. When you start asking all these questions about 14 religion, race, please, you step
across the line. I've 15 talked to you enough about it. I'm getting tired, real 16 tired. 17 BY MR. STILLEY: 18 Q.
Now, you talked about trying to instill in these 19 students cleanliness; is that correct? 20 A.
Yes, sir, very important is cleanliness. 21 Q.
And you say that is because the human body is the 22 temple of God? 23 A.
Yes, it is. 24 Q.
Does Mountain Park or its employees ever force students 25 to eat foul food? |
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