00001 1 in the united states district court for the middle district of ...

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00002 1 I N D E X 2 WITNESS 3 JENNIFER MILLER Examination 4 By Mr. Gillen 3 5 6 EXHIBITS 7 J. Miller Deposition 8 Exhibit Number Page 9 1. April 1, 2003 memo from Trudy K. Peterman to Mr. 20 Michael Baksa, Mr. Larry R. Redding and Mrs. Bertha 10 Spahr, re: Creationism As It Relates to the Approved School Board Biology I Curriculum, and attachments. 11 2. February 11, 2003 memo from Dr. Trudy K. Peterman 48 12 To Dr. Richard Nilsen, Mr. Mike Baksa and Mrs. Denise Russell, re: Budge Justifications for Science 13 Department for 2003-2004 Budget Year, and attachments. 14 3. Packet of Dover Area School District School Board 61 Meeting Minutes and notes of Jennifer Miller. 15 4. Eight pages of handwritten notes made by Jennifer 64 16 Miller. 17 5. Packet of documents produced by Jennifer Miller. 64 18 6. Packet of documents produced by Jennifer Miller. 64 19 7. October 13, 2004 memos, Michael Baksa to Board 110 Of Directors with attachments. 20 21 22 23 24 25
00003 1 STIPULATION 2 It is hereby stipulated by and between the 3 respective parties that sealing, certification and filing 4 are waived; and that all objections except as to the form 5 of the question are reserved until the time of trial. 6 7 JENNIFER LYNNE MILLER, called as a witness, being 8 duly sworn, was examined and testified, as follows: 9 BY MR. GILLEN: 10 Q. Good morning, Mrs. Miller. My name is Pat Gillen, and I 11 am one of the attorneys for the defendants in this case. 12 A. Okay. 13 Q. As you know, this is the time and place set for your 14 deposition which I see as just my opportunity to get 15 your side of the story. 16 A. Okay. 17 Q. Plainly, there is a dispute here. Different people have 18 different perspectives on what happened and what the 19 issues are. This is my chance to get that from you. 20 A. Okay. 21 Q. There are a few aspects of this process that are rather 22 unusual. The first is that Vicki records everything we 23 say. And therefore, that places a premium on our 24 responses being verbal as opposed to gestures or head 25 nods which you will find we do quite frequently.
Page 1: 00001 1 IN THE UNITED STATES DISTRI
Page 5 and 6: 00005 1 A. No. 2 Q. Would you pleas
Page 7 and 8: 00007 1 in preparation for today's
Page 9 and 10: 00009 1 A. I first got a call from
Page 11 and 12: 00011 1 Q. And the documents you ha
Page 13 and 14: 00013 1 a bachelor of science degre
Page 15 and 16: 00015 1 Q. And what was that in? 2
Page 17 and 18: 00017 1 A. No. 2 Q. Give me a sense
Page 19 and 20: 00019 1 conversation, I don't remem
Page 21 and 22: 00021 1 BY MR. GILLEN: 2 Q. Would y
Page 23 and 24: 00023 1 I always tell them that Dar
Page 25 and 26: 00025 1 sure how that is described
Page 27 and 28: 00027 1 the biology text or biology
Page 29 and 30: 00029 1 budget process for the Scho
Page 31 and 32: 00031 1 Q. You mentioned the Scienc
Page 33 and 34: 00033 1 of what she was getting at?
Page 35 and 36: 00035 1 him, just as I explained to
Page 37 and 38: 00037 1 Q. Did Bert say anything? 2
Page 39 and 40: 00039 1 I think some of us may have
Page 41 and 42: 00041 1 Q. Looking at that fall mee
Page 43 and 44: 00043 1 Mrs. Spahr. 2 Q. But at lea
Page 45 and 46: 00045 1 the textbooks, concerns wit
Page 47 and 48: 00047 1 like the way Evolution was
Page 49 and 50: 00049 1 Would you look through that
Page 51 and 52: 00051 1 I remember we also mentione
Page 53 and 54:
00053 1 word monkeys to man again,
Page 55 and 56:
00055 1 teach? The topic of religio
Page 57 and 58:
00057 1 origins of life issues that
Page 59 and 60:
00059 1 think Bonsell -- I may be w
Page 61 and 62:
00061 1 lot of us in attendance. 2
Page 63 and 64:
00063 1 I have minutes of this meet
Page 65 and 66:
00065 1 looking at is entitled The
Page 67 and 68:
00067 1 Q. And a notation with Noel
Page 69 and 70:
00069 1 A. Yes. 2 Q. Why did you wr
Page 71 and 72:
00071 1 A. Not that I remember, no.
Page 73 and 74:
00073 1 was here for planning those
Page 75 and 76:
00075 1 language I guess you want t
Page 77 and 78:
00077 1 opinion on Of Pandas? 2 A.
Page 79 and 80:
00079 1 timeline. I do remember the
Page 81 and 82:
00081 1 A. You go on -- it is a typ
Page 83 and 84:
00083 1 And I remember Bertha askin
Page 85 and 86:
00085 1 A. Several things. It's not
Page 87 and 88:
00087 1 notation you made, does it
Page 89 and 90:
00089 1 the issue of Of Pandas? 2 A
Page 91 and 92:
00091 1 Creationism -- 2 A. Yes. 3
Page 93 and 94:
00093 1 yes. 2 Q. Do you remember a
Page 95 and 96:
00095 1 else that happened in Septe
Page 97 and 98:
00097 1 A. Yes. 2 Q. Do you have a
Page 99 and 100:
00099 1 correctly, that the documen
Page 101 and 102:
00101 1 that one was singled out. 2
Page 103 and 104:
00103 1 him taking that back to the
Page 105 and 106:
00105 1 proposed curriculum change?
Page 107 and 108:
00107 1 aware of what the theory is
Page 109 and 110:
00109 1 what we had to do, but we w
Page 111 and 112:
00111 1 A. There was public comment
Page 113 and 114:
00113 1 Bonsell? 2 A. I don't remem
Page 115 and 116:
00115 1 A. (Witness complies.) Yes.
Page 117 and 118:
00117 1 were attached. 2 Q. By thes
Page 119 and 120:
00119 1 if it does; that he could p
Page 121 and 122:
00121 1 A. Not that I can recall, n
Page 123 and 124:
00123 1 she asked you, do you recal
Page 125 and 126:
00125 1 A. I don't believe so. He w
Page 127 and 128:
00127 1 someone needed to stand up
Page 129 and 130:
00129 1 was there or not. That, I d
Page 131 and 132:
00131 1 A. We had gotten this. When
Page 133 and 134:
00133 1 took what was in number one
Page 135 and 136:
00135 1 necessarily had the curricu
Page 137 and 138:
00137 1 your assessment of the thru
Page 139 and 140:
00139 1 MS. PENNY: Exhibit 2? 2 BY
Page 141 and 142:
00141 1 in this same -- what are we
Page 143 and 144:
00143 1 A. Yes. 2 Q. Does that stat
Page 145 and 146:
00145 1 A. He yelled -- got up very
Page 147 and 148:
00147 1 A. She wanted to listen to
Page 149 and 150:
00149 1 looked up and said sorry, I
Page 151 and 152:
00151 1 Q. Did you ever speak to Do
Page 153 and 154:
00153 1 Show. 2 Q. Okay. Apart from
Page 155 and 156:
00155 1 Prall's? 2 A. Yes. 3 Q. How
Page 157 and 158:
00157 1 A. At this meeting, I belie
Page 159 and 160:
00159 1 Q. Then Angie, there is a c
Page 161 and 162:
00161 1 servants, that they need to
Page 163 and 164:
00163 1 time. There's a lot of figh
Page 165 and 166:
00165 1 2 AFTER RECESS 3 BY MR. GIL
Page 167 and 168:
00167 1 Intelligent Design was a sc
Page 169 and 170:
00169 1 observations? 2 A. The one
Page 171 and 172:
00171 1 A. I don't believe so. 2 Q.
Page 173 and 174:
00173 1 Q. Is that the April 1, 200
Page 175 and 176:
00175 1 hear this tomorrow several
Page 177 and 178:
00177 1 Area School District School
Page 179 and 180:
00179 1 A. Yes, it was. 2 Q. Was th
Page 181:
00181 1 COMMONWEALTH OF PENNSYLVANI
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