ESD Trial, Day 4 UPDATED
Even though this is officially Day 4 of the trial, it’s more like Day 1. Opening arguments are slated to begin at 9 a.m. I’ll be updating hourly, if possible. I moved my dentist appointment, formerly at 10 a.m. to 7:30 a.m., for this explicit purpose, so here’s to hoping I can wrangle my cell phone away from the bailiff that often.
Updates start at 10 a.m. after the jump.
Plans to post hourly have been thoroughly thwarted. The haphazardly collected box of cell phones doesn’t lend itself to easy access. I’m on a recess for lunch, so here are my notes from the morning proceedings in time-stamped fashion.
9:10 a.m.
Judge Benson, who is hearing other cases, reprimanded Doe family attorneys for setting up.
“I’m in the middle of a hearing, and I have many more hearings scheduled.”
9:30 a.m.
Caught a glimpse of Father Stephen Swann’s photo on a PowerPoint presentation being prepared by the plaintiff. Perhaps he’ll be the first witness?
9:50 a.m.
Benson kicked everyone out of the courtroom after chatter over cell phones.
10:45 a.m.
Everyone is allowed back in, and it’s a packed house. The jury is all women.
10:50 a.m.
Charla Aldous presents the opening statement for the plaintiff by quoting ESD’s mission statement, “All children are made in the image of a loving God.” Aldous went on to say that the evidence will show children who are hurt and who hurt the reputation of this “pristine school” are discarded. John and Jane Doe are present.
11 a.m.
Aldous says J. Nathan Campbell, not only a teacher but the dean of the freshman class and the director of the Global Awareness Center, was ” an authority figure at the school.”
“This child fell prey to what this man intentended to do, and that was terrible. But what’s horrible is what this school did to this child after they found out.”
11:30 a.m.
After describing how the abuse occurred, Aldous explains how the school reacted and perputrated “secondary victimization.”
“They treated this child like she was dirty,” she said, adding later, “It was a complete betrayl to this child.”
11:31 a.m.
Chrysta Castaneda presents ESD’s opening statement without the aid of a PowerPoint presentation that she had cleary produced for this purpose. No one can figure out how to properly display it on the projector. After composing herself, she opens with a Teddy Roosevelt quote about hard decisions and transitions to this regarding the forced withdrawl of Jane Doe II.
“Even though it was painful for her at the time, it was the right thing to do,” she said.
11:40 a.m.
Castaneda continues to defend ESD’s decision to remove Jane Doe II.
“It was not a punitive thing,” she said. “She was not thriving at ESD.”
11:50 a.m.
A big welcome to the Dallas Morning News, who just made its first appearance at the proceedings.
Castaneda references rumors that Jane Doe II was discussing the relationship with students. Particularly the rumor that she asked other students to see if Campbell’s wife, Sarah,was wearing a wedding ring.
11:55 a.m.
Castaneda closes with this:
” ESD very much wanted to be on the same side of the table as the family. They wanted the family to agree that (leaving the school) was in her best interest…ESD had a choice to make. It was a hard choice but it was the right choice.”
Lunch recess until 2 p.m.
UPDATE 2:15 p.m.
Judge Benson rules the plaintiff can ask questions regarding the 501(c)(3) status of ESD and its religious affiliation.
She also asks the attorneys to “slow your roll, so to speak” so the court reporter can keep up.
2:20 p.m.
Father Steve Swann takes the stand and states that ESD has never been owned or operated by the Episcopal church.
“The only reason you can use ‘Episcopal’ in the school’s name is because there’s no copyright on it, correct?” Aldous asks.
“Yes,” Swann says.
2:40 p.m.
During questioning, Swann says he has never given Jane Doe II any pastoral care in regard to the sexual abuse, nor has he even spoken with her about it.
2:55 p.m.
Shonn Brown is a Jack-in-the-box of objections. Benson seems unamused.
3:05 p.m.
Aldous reveals that Campbell didn’t have a teaching certificate. Swann says he was unaware of this.
3:15 p.m.
Aldous brings up the fact that Campbell had access to a furnished house as director of the Global Awareness Center. Swann says Campbell’s use of the home, his comings and goings, was not monitored. Although Aldous said no sexual abuse occurred in the GAC home, she asks Swann if the fact that a sexual predator had unrestricted access to a home owned by ESD “caused him pause.” After several long seconds of hesitation, Swann says”Yes.”
3:25 p.m.
With Brown still leaping out of her seat every few seconds to object, Aldous begins questioning Swann about the training ESD teachers receive on sexual predators, referencing something called an “Outline of Boundaries Talk” that was give in 2004 and 2008. She reveals the talk, which went over how a teacher could know when he or a student was “crossing the line” of appropriate behavior, was not mandatory. Aldous also states that Oliver Butler, the chaplain who led the talks according to documentation, doesn’t remember doing so. Swann does not refute either statement.
3:45 p.m.
Aldous says another teacher has testified in her deposition that after hearing a student had been raped by another teacher, she didn’t tell anyone. Aldous asks Swann if this is unacceptable behavior. He says yes. She then pushes him further, and asks if this unacceptable behavior is evidence that ESD failed to properly train its teachers.
“Regardless of how she was trained, it was her action that was the omission,” Swann says.
Court takes a brief recess.
4:10 p.m.
Court returns to open session. Aldous, still questioning Swann, says that Jane Doe II testified that she had sex with Campbell in an ESD-owned suburban. Swann says he has no knowledge of what Jane Doe II has said in her deposition. Aldous brings up the fact that Campbell used an ESD credit card to reserve a hotel room in which he later had sex with Jane Doe II.
“Don’t you agree that Nathan Campbell had no fear that ESD was monitoring his credit card when he used it to check into a hotel and have sex with a student?” she asks.
“Yes,” Swann says.
4:20 p.m.
Aldous questions Swann about Campbell’s hiring process, asking if his resume and references were checked.
“I’m sure we did,” Swann says.
“How do you know?” Aldous counters.
“Because that’s our policy and our procedure,” Swann says.
(Side note: In opening arguments, Castaneda stated that Campbell’s background check came back clean before he was hired in 2004).
4:25 p.m.
Aldous asks, “Do you believe Jane Doe II is in any way to be blamed for Nathan Campbell’s abuse of her?”
Swann replies, “She was a child…She was assaulted.”
Aldous again asks, “Is she to blame?”
“She is not,” Swann says.
4:35 p.m.
Aldous questions Swann about a french teacher who admitted to asking Jane Doe II, “Are you the reason Nathan Campbell left?” This occurred a fews days after Head of the Upper School Erin Mayo sent an email to faculty scolding them for engaging in gossip about Campbell and explicitly instructed them to stop.
“This is another example of a teacher failing to follow procedure, is it not?” Aldous asks.
“Yes,” Swann answers.
4:50 p.m.
Aldous introduces an email written by Mayo to chief academic officer Rebecca Royall concerning Jane Doe II’s expulsion.
“I don’t want the girl haunting the hallways with her said story for the rest of the week,” Mayo says in the email.
Aldous asks Swann if those words shock him.
“That’s simply not the Erin Mayo I know, who is a caring, kind, and loving person.”
Court is adjourned until Monday. Swann will continue his testimony on Tuesday or Wednesday because of a prior obligation to conduct a wedding ceremony out of town.
49 comments to "ESD Trial, Day 4 UPDATED"
Not to say that JWP is a saint, because he like many politicans from both parties is NOT!
So, did ESD try to convince the the parents a to withdraw over a long period of time? Was it sudden?
I think the incident that ESD referred to today – the victim asking a classmate if the wife of the alleged abuser was still wearing a wedding ring – was the catalyst for the withdrawal.
That’s how I remember what I read… your mileage may vary!
If you were there, give us your take! and….thanks Claire for the update!
On another note, most Plaintiff attorneys work on a contingency basis. This means that they don’t get paid until their clients do. They can invest hundreds of thousands of dollars to work up 1 case without bringing any money in the door. Then your paycheck is completely decided upon by a jury. They could award nothing and you eat your time and expenses, or they can award millions and you pocket 40%. It’s a big gamble regardless and if you are luck enough to get paid in then end, you earned every single penny.
As far as the lawsuit being frivolous…A school victimizing a child after being abused sexually and mentally by one of its teachers…yeah, you are right, it’s SOOO frivolous!!
Speaking of Blue – was lady blue there today?
Wow. Those words will be rattling around the juror’s heads for the next three days.
Will be difficult for ESD to spin this expulsion as a ‘in the best interest of the victim’ story…when the woman who made the decision to force the victim out of the school (with Royall and Swann) states in writing that it’s essentially an issue about the story spreading that motivated her decision.
Sounds like a bad day for ESD.
I work at a local private school – any credit card transactions that we submit must be accompanied by a list of those attended the dinner, stayed at the hotel, etc. We have to include itemized receipts for meals and purchases. There’s no way this stuff should have flown under the radar for so long. Unfettered use of a vehicle and a house? Please. Father Swann wasn’t minding the store, and now they’re going to have to pay for it…
Teachers,Priests and other adults who come in contact with girls know that children often look to them for love. Some girls think sex is love. Some girls will take sex in place of love. No matter what the girl brings….there is a reason for her behavior. It is never the girl’s fault.
In my experience, the child should be removed from the school / church because very often (as in my case) the others students and/ or parents who were fond of the offender teacher will blame the girl. Teachers who were fond of the teacher may blame the girl. It is horrible. Even today, people are still putting the blame on this girl.
It is not her fault.
The school fired the perp teacher. They did their job.
The girl was seeing a therapist and obviously her parents and she chose to remain at the school. Since she attended since K or Pre-K, her whole social and educational life was wrapped up in that place. I believe that every situaton and everyone is different and that the victim and family with assistance from school administrators and therapists are the ones who should make the decision as how best to minimize trauma and help the victim.
The school should make it clear to all parents, students and teachers that any gossip, slander, bullying, etc – will be dealt with severely. Those who choose to blame the victim need to be educated and/or disciplined – they shouldn’t be allowed to further victimize the girl…
[In this case, one teacher made a very insensitive and accusatory comment to the victim. She received a letter in her file.]
This lawsuit is about ESD and their lack of oversight, negligence, and the awful scenario of them kicking out a sex crime victim from their fold because she might cause issues for them…not the money. About making them aware of the fact that through their obvious negligence they allowed a serious crime to take place and then fumbled, fumbled, and fumbled again the handling of the aftermath. Trying to make sure that ESD takes responsibility for their poor actions and that this situation does not happen again to another child is about as much absolution this family is expecting from their statement making lawsuit. Would anyone take notice if they were suing for their “tuition”? No, ESD would pay them off and include a gag order to avoid the bad publicity that they (according to the publicly filed documents of the case and the courtroom actions show) deserve.
If it were your child, you’d do the same. And if it were’nt for Ms. Aldous, ESD would have gotten away with it.
A school is a place where a child should be protected, especially a church affiliated school. They should look more into the teachers before they hire them so this doesn’t happen. This teacher took advantage of a young girl for his own sexual desires and you want to blame Ms. Aldous? Ms. Aldous is motivated by a desire to help those in need and the oppressed. So what if money comes along as a result. Lawyers get paid according to their work, just like any other profession. To say Ms. Aldous is motivated by money is absurd. She is an angel and one that many people need and could use in cases such as this. So sit back, think about what you say before you speak.
I don’t care if this girl was lifting her skirt and showing him her thong everyday. He was 35 freaking years old. He was the adult, the teacher – in a position of power.
I don’t care if she was the school slut – she is the victim here.
It’s funny that you have a problem with a professional (someone paid to render services) getting paid for their services, but have nothing to say about a “Man of God” who lives in a nearly-million-dollar-home, who drives a new Porsche every year, and who has worked hard to keep his salary a secret in this case. A “Man of God” who has bronze statues of himself, full-length oil paintings of himself, buildings named after.. himself…
But hey, it’s all about those greedy lawyers. Greed is terrible, isn’t it?
This horrific behavior happens everywhere – not just in the Catholic Church – and ESD should be just as liable whether or not they are affiliated with the Episcopal church or not. Sadly money is what gets the attention of corporate structures. You cannot volunteer on the field or in the classroom, let alone teach, in a Catholic diocesan school without Safe Environment training ANNUALLY and a criminal background check every three years. Punitive damages do serve a person beyond rewarding victims and their lawyers.
Although I am waiting for you to be crucified with “This is different”.
Again, Ms. Aldous is an angel. Her heart and priorities are in the right place, unlike the Episcopal School and its teachers. It takes a person like Ms. Aldous to make a difference in the world in which we live. We need more individuals like Ms. Aldous. God Bless Ms. Aldous (and Lisa Blue Baron).
FED UP, is Lisa Blue Baron even involved in the trial of this case? I haven’t seen her name mentioned. OR are you just after the great attorneys in Dallas that have and continue to make a difference in the lives of others by helping the little man? That statement by you sounds very personal.
FED UP, in case you didn’t know, most attorneys work for money. And most attorneys work on a contigency basis. Whether it’s 33.3 or 40% doesn’t matter…they are helping someone. Thus, I hope they get all they deserve by helping this young girl and her family.
Oh and FED UP, since you believe “this is a teacher’s fault but you don’t see how the school is liable”, go look up the term “Respondeat Superior”. (Since you have plenty of time on your hands.”
http://articles.baltimoresun.com/2001-08-02/news/0108020211_1_stewart-girl-fbi-agent
To those of us who personally know Ms. Aldous and have for years, in and out of the courtroom, she is an angel. Let me know when you know what you are talking about.
I am biased based on my experiences with mom’s who I cared about and respected saying it was my fault. In my case, I was 16 working at a Houston church. A priest I loved and cherished molested me and raped me for years until I left for college.
I did not got forward until I was 19 because I felt like it was all my fault. I had low self esteem and was being abused by another family member. I had gone to the church to get away from abuse at home. It wasn’t until years later in therapy that I realized it was not my fault. I was confused about love. I thought all love turned sexual. Now I know about love.
The abuse was bad but the part that has stayed with me the longest is the church’s reaction saying it was not true even though the youth minister walked in on him twice abusing me. They moved him to Oregon.
when I think that and cry now, it is not about the abuse anymore, it is the parents of my friends’ who said it was my fault and I brought down a good priest. It was awful.
I’m 47 now and it still bothers me.
I feel awful for this child. I hope she can move on. Press is brutal. I went to the Houston Chronicle myself and suffered the additional blows and trauma of that as a choice only because I did not want him returned to the priesthood in Sugarland. That choice sucked years off of my life. This victim is probably reading all of the comments just like I read all of the backlash about me on the Chronicle site. It was awful. I’ll never forget all of the catty remarks about me. And, I was the most pitiful kid back then at 16. Words are like knives. Be careful knowing she is probably reading this.
To her: it is not your fault.