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

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00006 1 A. No. 2 Q. I see that you are represented by counsel. 3 A. Yes. 4 Q. And just tell me when did you retain counsel? 5 A. I guess January. Officially, January, February, 2005. 6 Q. And did you retain counsel for the purpose of this 7 litigation? 8 A. Yes. 9 MR. GILLEN: And forgive me, Jane, what is your 10 full name? 11 MS. PENNY: Jane Penny. 12 BY MR. GILLEN: 13 Q. Jane Penny is of the firm that you retained? 14 A. Yes. 15 Q. I am going tow ask you a few questions about people you 16 might have spoken with in preparation for the 17 deposition. 18 Did you speak with your lawyer? 19 A. Yes. 20 Q. When I ask you these questions, I am not trying to pry 21 into the communications that you had with your lawyers 22 that were confidential; that is with no other person 23 present. Okay? 24 A. Okay. 25 Q. Apart from your lawyers, did you speak with anyone else
00007 1 in preparation for today's deposition? 2 A. I guess Monday after school, I met with our lawyers and 3 Bertha Spahr, Rob Eshbach, Bob Linker and Sandi Bowser 4 were also in the room. 5 Q. Do you know whether they are all represented by the same 6 attorneys? 7 A. Yes, they are. 8 Q. Apart from that discussion, have you consulted or 9 communicated with anyone else in preparation for the 10 deposition? 11 A. No. 12 Q. Have you met at any time with counsel for the 13 plaintiffs? 14 A. Yes. 15 Q. When did that meeting occur? 16 A. We had a meeting sometime in December I believe of 2004 17 -- and let's see -- and I guess just April, 2005. 18 Q. Were there any other meetings? 19 A. No, not face-to-face meetings. 20 Q. Let's look at the two meetings first. The one in 21 December of 2004, do you remember the names of the 22 attorneys you met with? 23 A. Paula Knudsen and Eric Rothschild. 24 Q. Who else was present at that meeting? 25 A. I believe Bill Miller, who is a member of our DAEA, our
Page 1 and 2: 00001 1 IN THE UNITED STATES DISTRI
Page 3 and 4: 00003 1 STIPULATION 2 It is hereby
Page 5: 00005 1 A. No. 2 Q. Would you pleas
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
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00075 1 language I guess you want t
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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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