Doe v. Redlands USD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE JOHN BB DOE, Plaintiff, CASE NO. RIC 1401014 vs. REDLANDS UNIFIED SCHOOL DISTRICT, a California Corporation; CITRUS VALLEY HIGH SCHOOL, a business entity of form unknown; LAURA ELIZABETH WHITEHURST, an individual: SARAH SEEVERS, an individual; and DOES 1-100, Defendants. VIDEOTAPED DEPOSITION OF REDLANDS, CALIFORNIA WEDNESDAY, JULY 29, 2015 REPORTED BY: Carolyn Ann Peterson 18 19 20 22 23 24 2-5 VIDEOTAPED DEPOSITION of taken on behalf of the Plaintiff, at 1255 West Colton Avenue, Redlands, California 92374, commencing at 12:58 Wednesday, July 29, 2015, before Carolyn Ann Peterson, a Certified shorthand Reporter in the State of 3195. California, License No. APPEARANCES OF COUNSEL: FOR PLAINTIFF: MANLY, STEWART a FINALDI BY: VINCE FINALDI, ESQ. 19100 Von Karman Avenue, Suite 800 Irvine, California 92612 (949) 252?9990 FOR DEFENDANTS: MC CUNE HARBER BY: JOSEPH W. CHEUNG, ESQ. 515 South Figueroa Street, Suite 1150 Los Angeles, California 90071 {213] 589-2500 ALSO PRESENT: KRISTINE WALLACE, Videographer 2 mikwMH ?>CSR N0. 3195 1 I EXAMINATION BY PAGE MR. FINALDI 5,87 MR. CHEUNG 55,94 I PAGE A - Copy of Notice of Taking Deposition of 8 ated June 24. 2015 with attachments, 8 pages INFORMATION REQUESTED (None) QUESTIONS INSTRUCTED NOT TO ANSWER (NoneREDLANDS. CALIFORNIA, WEDNESDAY, JULY 29, 2015 I 12:58 PM. THE VIDEOGRAPHER: Good afternoon. This is the videotaped deposition ofmwken at 1255 West Colton Avenue located in Redlands, California on July 29. 2015 in the matter of John BB Doe versus Redlands Unified School District, et al, Cass - No. RIC 1401014. This case is being heard in the Superior Court of the State of California in and for the County of Riverside. This deposition is being taken on behalf of plaintiff. My name is Kristine Wallace with Dean Jones Attorney Video Services of Los Angeles and Santa Ana. California. This deposition is commencing at 12:58 pm. Would all present please identify themselves, beginning with the witness. THE WITNESS: W. MR. FINALDI: Vince Finaldl, Manly. Stewart Finaldi for the plaintiff. MR. CHEUNG: Joseph Cheung on behalf of delands Unified School District. THE VIDEOGRAPHER: Will the court reporter administer the oath. THE REPORTER: Will you raise your right hand. 4 1 (Pages 1 to 4) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Red'l'd?h'ds USD 12= 58 1 please. 12159 1 that we give audible responses and answer such as 2 Do you solemnly swear that the testimony that 2 "huh-uh? or "uh-uh" or nods of the head don't translate 3 you are about to give will be the truth, the whole truth 3 well on the record. 30 if I remind you from time to ?1 and nothing but the truth, so help you God? 4 time, it's not that I'm trying to be rude, just I'm 12= 58 5 THE WITNESS: Yes. 12 59 5 trying to make sure we get a clear record. All right? 5 THE REPORTER: Thank you. All right, Counsel. 5 A Okay. 7 7 0 Also, because she is taking down everything 8 EXAMINATION 3 being said, it's very important that we not speak at the 9 BY MR. FINALDI: 9 same time. If we did in ordinary conversation, it would 12: 53 1? Good afternoon. Have you ever had your 12: 59 1? be perfectly acceptable, but it will make it very 11 deposition taken before? 11 difficult for the court reporter today. 12 A Yeah, about 30 years ago. 12 The format Is I will be asking questions, you 13 30 years ago. Okay. I wasn't there, so I'm 13 will be required to provide a response. For that 14 going to just run through the ground rules of a 14 reason, if do you provide a response, I'll assume that 12: 5" 15 deposition just to make sure we are both on the same ?=59 15 you understood the question. If for any reason my 15 page. The oath that you just took has the same force and 16 questions are vague or ambiguous or they don't make 17 effect as if it were said in a court of law. 17 sense, just let me know, and I'll rephrase it. 13 Do you understand that? 18 A Okay. 19 A Yes. 19 And I won't be offended. 12:59 20 Okay. You understand that the oath binds you 13:00 3? A Okay. 21 to tell the truth under the penalty of perjury, correct? 21 I want to make sure that l'm getting answers to 22 A Yes. 22 the questions I'm trying to ask you. Okay? 23 All right. Seated to your right is the court 23 A Okay. 2?1 reporter. She's taking down stenographically everything 24 Is there any reason why you believe you 12:59 25 being said here today. For that reason, it's important 13= 0? 25 wouldn't be able to give your best, truthful and 5 6 13: 3? 1 accurate testimony here today? 13?? 1 correct? 2 A No. 2 A Correct. 3 0 Never been diagnosed with any memory problems, 3 MR. So we noticed your deposition for here 4 correct? 4 today. I'm going to mark your Deposition Notice as ?=00 5 A No. 13301 5 ExhibitAfor the record. This is the Notice of 5 0 Some of the things I may be asking you about 5 -- 7 might have occurred one, two, three years ago, and the 7 (Plaintiff's Exhibit A was marked.) 3 way the ordinary memory works, you may not remember 3 BY MR. FINALDI: 9 exact dates or times. That's perfectly acceptable. In 9 Can you please state your full name for the 13= 00 1" those instances, i'm entitled to your best estimate. but 13' 01 1? record. 11 I am not entitled to any wild guesses that are not based 11 A 12 on your personal experience. 12 13 So to demonstrate the difference from a guess 13 A 14 and estimateestimate the length 14 Cl Okay. The Deposition Notice -- you indicated 13100 15 of the table in this room, based on your personal 13:01 15 you did not bring a copy -- it asks that you bring 15 experience, you could say "It's 10 or 15 feet long." 15 certain documents that may be in your custody that 17 If I was to ask you the length of the table in 17 concern our case. I apologize because I noticed a 19 my office, because you have never been there, that would 19 couple of the questions refer to a 19 be a guess, that Is not based on your own personal 19 teacher at the school, and obviously, your child wasn't 13 :01 experience. 13:02 2? a teacher at the school. That's a typographical error, 21 Do you understand the difference? 21 and I apologize for that. 22 A I got that, yes. 22 Essentially what we are looking for are any 33 0 Okay. Off the record, before the deposition 23 kinds of e-mails or written communications you may have 2?1 started -- just want to put on the record that I did 24 between yourself and the district, which would include 13:01 25 13:02 25 provide you and your daughter your witness fee by check, 7 any teacher or assistant at the school, concerning 8 2 (Pages 5 to 8) Jilio-Ryan Court Reporters ph. 714.424.9902 Doe v. Redlands USD 13?? 1 Ms. Whitehurst and_ 13:03 1 A Oh. approximately 15 e?mails. 2 Do you have any documents of that nature? 7 Okay. Going back a little bit farther here. 3 A The only documents i did have were given to the 3 Just to kind of lay some foundation. so your daughter's 7? Redlands Police Department. 4 name is? ?=02 5 Okay. When did you give those to the police 13?? 5 A 6 department. 6 And marm- 7 A We were away the 4th of July weekend when this 7 A 3 happened. When we got back I don't remember what the 7 - It's my understanding that she was a 9 date was -- they came to our home and retrieved e-mails, 9 student at Citrus Valley High School. Correct? 13=?7 1? a notebook. miscellaneous class work thamhad 13?? 10 A Correct. 11 completed. 11 And she recently graduated? 12 Okay. You did not retain copies of those, 12 A Yes. 13 correct? 17 Congratulations. 1? A I don't have copies of them, no. 14 A Thank you. 13? ?3 75 The police did not return those to you. 137 ?7?1 15 Do you know from when to when she was a student 15 correct? 15 at Citrus valley? 17 A No. they did not return them. 17 A Freshman to senior, so for the past four years. ?7 When you say e-mails. what were the e-malls? 1?7 So she would have been a freshman In 2011 and 19 Who were they between? 19 2012. correct? 13'? 2? A The e-mail exchanges were between myself. Laura 17:04 20 A Correct. 21 Whitehurst, myself and Wes Cullen, and myself and Bernie 21 Have you ever met a former student at Citrus 72 Cavanaugh, and also would be myself and Trish Scott. 22 Valley named- 23 which was the counselor. 23 A Yes. 7?1 Do you know approximately how many e-mails you 7?7 Have you ever met a former teacher at Citrus 137 ?73 25 provided them? 13705 25 Valley named Laura WhitehurstYes. ?=05 1 Okay. The female Interviewed your daughter. 7 Ct Okay. It's my understanding -- actually the 2 correct? 3 reason why we scheduled your deposition is because your 3 A Yes. 4 name and your daughter's name came up inside of the 7' Do you know If this female?s name was Natasha 137 05 5 police reports for our case that we are currently ??75 5 Crawford? 5 working on. 5 A I don't remember her name. 7 To let you know, I represent_ 7 Okay. When you spoke with -- actually. in the 7? in a civil action proceeding against the Redlands a police report here -- let me just give you a copy to 9 Unified School District and Ms. Whitehurst concerning 9 make sure we are on the same page. And I'll represent 13= 05 1? sexual abuse that they suffered at the hands of 13?? 1? to you this was provided by the Redlands Police 11 Miss Whitehurst. Your name came up as well as your 11 Department in response to a Subpoena that we served on 12 daughter's were listed Inside these police reports. 12 their office. and in the upper right-hand corner you 13 Do you remember being spoken to by the police 13 will see Page blank of blank? 1? when they were investigating Miss Whitehurst for sexual 1" A Yes. 137 05 15 abuse? ??75 15 Ct And the portion concerning the interview With 15 A I remember being spoken to by the police when 15 you starts on Page 27, the second-to-the-last paragraph, 17 they came to our home. 17 it says, "On Saturday, July 6, 2013 Detective Crawford 13 0 Okay. How many times were you Interviewed by 17 received a phone call message from 19 the police? 19 mother on who attended Citrus Valle 13705 2? A Once. 13?? 20 High School this past year. Detective Crawford andl 7-1 Ct Were you interviewed by Detective Pavaro, a 21 responded to the_ home where we spoke with 22 gentleman? 27 ?and Detective Crawford took? 33 A I believe that was his name. He was a 23 *statement and I took the following statement 2? gentleman. and there was a lady there also. and that was 2" from 13:06 25 13:07 25 the one that interviewed my daughter. 11 A Yes. 12 3 (Pages 9 to 12) Jilio-Ryan Court Reporters ph. 714.424.9902 -- Doe v. Redlands USD 13that the date that you remember meeting with them, on Saturday, July 6th? A I don't remember the exact date, but that would be when we were in San Diego, and we came back, and they came over the day that we got back, which was probably on a Saturday. Okay. 'Right after the 4th of July? A Yes, right after the 4th of July. And it says that you had called the police department. Is that true? A Yes, I had called the police department. Do you remember why you called the police department? A I remember I called the police department because it was in the news. or it could have been on social media. it you had any information pertaining to this case, to contact the Redlands Police Department. What was your understanding of what this case was at the time? A I don't understand the question. You had seen either news media, reports from the newspaper or television andior social media concerning allegations of sexual misconduct by Miss Whitehurst, correct? 13:08 13:09 13:09 13:09 13:And you saw that the allegations were that she had had sex with numerous different students during her time as a teacher in Redlands, correct? A I had seen that she had been arrested. based on sexual allegations against this student at Citrus Valley High School. Okay. When you first saw those -- do you remember when it was that you ?rst saw any kind of an article or report about her arrest? A I want to say driving, my daughter noticed something on social media. Driving? A Driving to San Diego. Okay. A 80 I don't even remember what date it was that she had been arrested, but I remember it was while we were gone. It was probably a four-day period or ?ve days. that was what i heard most about was her being taken in. It's my understanding that she was arrested on July 1st, 2013. A Okay. I'm about right. These reports would have come out right after that. 13 03 25 A Correct. 13:10 35 A I'm about righi, yeah. 1 3 1 4 ?=10 1 Okay. So when you first heard of the 13 =11 1 A Yes. 2 allegations, did they say who the boy was -- 2 Okay. And she's college bound now, correct? 3 A No. 3 A Yes, she is. I ?1 -- who she was alleged to have had a sexual 4 Congratulations for that, as well. 13 10 5 relationship with? 13 =11 5 A Thank you. 5 A No. 6 Your daughter, I would assume, has always been 7 They didn't say that, right? 7 a truthful and honest person? 3 A No. 3 A Yes, she is. 9 At that point in time, did you have any notion 9 Okay. She seems to be a good kid. 13?? 10 in your own mind as to who the boy may have been? 13 11 1? A Yeah. very proud. 11 A Yes. 11 She seems to be one of those students who was 12 Okay. Who did you believe that may have been? 13 actively involved in school, joined organizations and 13 A 13 took leader-type rolls, A53 and things of that nature? 14 - right? 1?1 Yes, all of those things. ?=10 15 A Yes. 15 Was she an honor studentyou know why you had a notion that it may have been?? Was it through prior conversations with your daughter? A Through conversation with my daughter, you know, picking up kids from school, listening to the talk about what had gone on, it was kind of obvious to me. (.1 Okay. My understanding, from reviewing the materials and our investigations in this case, is that your daughter is and has always been a very good student. Is that correct? 15 13:12 13:Yes, she's an honor student. AA classes as well? Yes, all of them. Okay. From your vantage point, did your daughter actually care about her grades and doing well in school? A Very Important -- No. 1. Okay. Because of that, did she make it a point to try to do well on the homework and really get into all events in school? oi>oz>on> 16 4 (Pages 13 to 16) Jilio?Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 13Yes. She always worked on -- all her work was very -- yeah, her grades were very important. If there is something she didn't think was right and not fair, then she voiced it. That's something that you helped to instill in your daughter, correct? A Correct. iwould assume that you also that grades are as important and education is important, correct? A Yes. Okay. It's my understanding that you had met ?sometime around September of 2012, Is that correct? A Yes. I'm not sure of the exact date, but that would be about the time because it was before homecoming. Okay. 0n the police report it says here that you told police that your daughter had attended a Disneyland trip with Miss Whitehurst -- and John Doe here Is In July of 2012, that's correct, right? A Correct, that's an ASB event. Associated Student Body, correct? A Yes, Associated Student BodyDid she have a position with ASB that year? A Sophomore year, yes, she was multicultural event coordinator. That's what I recollect. Okay. Did you go on that Disneyland trip? A No. It says that ., who is your daughter, and -became friends after that trip. Correct? A Yes. Do you know if she knew and was friends with David before that Disneyland trip? A No, ldon't. Idon't know that they would have had interaction. not the same classes. I'm not -- Okay. When did you ?rst start hearing your daughter talking abou?? Was it somewhere toward the beginning of that school year? A It wasn't -- well, lwould hear names brought up because of the Associated Student Body. She talks a lot about what goes on at school, what happens In class. She speaks to us a lot about what goes on at school. And I remember right after -- once you start school, they start gearing up to prepare for the homecoming dance. And I remember his name being thrown around a little bit. but I didn't know who he was at the time. Do you remember hearing that Commissioner for the school? A I remember him being the Pep Commissioner, yes. I went to pep rallies, and I saw him as Pep Commissioner, yes. Okay. And what kind of things do you remember your daughter saying about m? This is prior to him coming to your home to meet you guys. A I don't remember anything like -- that stands out except -- no, she didn't really make reference to things about him, just that he was in ASB or Associated Student Body. Did she generally say she liked him? A No, she didn't come out and say -- I mean. "likes everybody. She's gets along with everyone, but I don't remember her saying she liked him. Okay. At one point in time, she stated that she wanted to go to the homecoming dance with him; Is that correct? A Yes. she wanted to. Go to homecoming dance with him, is that correct? A Yes, that's correct. Can you tell me about that? A From what I remember, he asked her to go to homecoming, and she asked us, my husband and myselfI she could. And we said that perhaps, but maybe he would have to come over and we would have to meet him ?rst. And did that occur? A Yes. He came to your home? A Yes. Could you tell me about that? That would have been in September of 2012, correct? A Correct. Okay. Was this on a weekend or weekday? A I don't know if it was a weekend or weekday. It was in the evening. (.1 Did he come alone? A Yes, he came alone. Did he spend time in your home? A Yes, he did. What do you remember about that time that he spent at your home? A Yes. Did you converse with him? A We all sat together in the family room, and he mostly talked about his job at Jack in the Box. Did he seem like a nice kid? A Yes, he seemed like a nice kid. Did he seem respectful? 20 5 (Pages 17 to 20) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 13Yes, very respectful, outgoing. Outgoing, talkative? Very. It's my understanding that you and your husband did give your daughter permission to go to the homecoming dance with him, correct? A Correct. Is it safe to say that you felt he was someone trustworthy and safe to be with your daughter? A Yeah, any student that gets into Associated Student Body. you would assume that they are someone you can trust. so I didn't have a problem with it. There was a lot of kids around. There's also supervision. And if you had felt during that meeting that you didn't trust? or he wasn't safe, or there was something about him that you didn't like, is it safe to say you would not have given your daughter permission to go to the homecoming dance? A iwould have waited until he was gone. Yeah, we would have told her it would be betterfor her not to go with him. 0 Okay. Did you approve of -- of to go to the dance with right there In front of or was it later; do you remember? A I don't believe -- I don't remember that. 21 13:13:don't remember that even being talked about when he came over. And I didn't turn the page to see what else I have said In this report. Okay. A But usually the way it would work, after he left, we would talk tomnd say, okay. you can go ahead, because it makes for a kind of odd situation if the boy is sitting there. Do you know what I mean? Cl Of course. But you approved of him going to the dance with your daughter, and your husband approved of it as well, correct? A Correct. It wasn't something where you said yes and he said I don't know? A Yes. Yes, we both agreed it was okay. Okay. It says here, few days later you noticed that your daughter was withdrawn and did not want to attend school," correct? A Correct. Is it safe to say you have a close relationship with your daughter? A Very close. And as a caring parent, you monitor your child's mood and try to detect when something is a little off, correctl?Correct. That's something you do notice? A Yes. Very unusUal fon?to be a little withdrawn and not -- something was wrong. Was she a kid who always liked to go to school? A Always liked to go to school. Okay. She wasn't one of those kids that always said, don't want to go to school today, no, thanks"? Not one of these? A Well, every kid at one point says, don't want to go to school," but no. she's not the type to say, "i don't want to go to the school." She likes to go to school, not a problem with school at all. 0 All right. It says that you discussed it with ?what was troubling her, and she told you that Miss Whitehurst had confronted her, correct? A Yes. -told me something to the effect of Miss Whitehurst would ask her to stay after class, and at one point had told ?that she didn't think It was a good idea for? to go to homecoming with - So I generally knew then that ?trusted Miss Whitehurst to talk to her at a personal level about different things. And did she tell you at that point in time why? It says here, "That Suspect Whitehurst told she 23 13: 13: 13: 13: 13should stay away from him, because he's a bad influence, and that he already had a girlfriend." A Yes. Did she tell you that? A She told me that Miss Whitehorst told her that. "You shouldn't go to homecoming with- he is a bad in?uence, he already has a girlfriend." That's what I remember of It. Okay. It says here, "Finally Miss Whitehurst confronted-inside of her locked classroom and made ~swear to secrecy. She told- not only did he have a girlfriend, but the girlfriend was pregnant by him." A Yeah, I remember that. 0 She told you that, correct? A Correct. When you heard that, were you shocked by it? A A little bit shocked. but in high school, you hear of situations like that. So -- 0 Okay. It says, "Shortly after that she told David that she wouldn't go to homecoming with him." Correct? A Correct. 0 Okay. Do you know -- so when you noticed your daughter was withdrawn and didn't want to attend school. 24 6 (Pages 21 to 24) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe Redlands USD 13: 13: 22 do you know if she had already told-she didn't want to go to homecoming with him? A No. she hadn't told him yet. Okay. is that something that you discussed with your daughter? A When she told me about the situation of her ?nding out that he already had a girlfriend. and supposedly the girlfriend was pregnant, we told u. "You won't be going to homecoming with him. It's not a 13:23 13:24 you -- the case for you. but it someone confronted my daughter with this type of information inside of a locked classroom, swearing her to secrecy, and It was a teacher, those would be things that perhaps might raise red flags and make me uneasy. Is that the same for you? A Yes, it's the same with me. 0 Okay. Are those some of the reasons why you wanted to perhaps talk to Miss Whitehurst about what is going on? 1392 10 good idea. You need to stay away from him." ?=24 1? A Yes. And, you know, to make her realize, as 11 Okay. At that point in time, did you talk with 11 parents, we are involved with what we knew. We were 12 Miss Whitehurst? 12 aware of what was going on. 13 A At that point in time, i remember sending - 13 Did Miss Whitehurst take you up on your request 14 oh, I remember sending her an e-mail. if we could talk 1? to speak with her? ?=23 15 that she could call me. if she wanted to. I want remember her calling me - I believe We Spoke l5 it was because of _talking about personal things 15 on the phone, because when I had gone back and looked at 17 and exchanging the talk. but what I wanted to talk to 17 e-mails. I don't believe I saw an email back from her. 13 Miss Whitehurst about was. "Please. don't distract 15 What do you remember from the conversation? 19 ?from her schoolwork by bringing her drama that 19 Even if just the general gist of it. ?=23 20 she doesn't need. She didn't need to know any of that 1W5 2? A i don?t remember. I really -- I don't really 21 information." 21 remember what the conversation was about. I think it -- 22 Correct. 80 that -- did that upset you? 22 in my mind. all i remember is that I didn't want 23 A Anything that affects her academics or anything 23 to have problems with the schoolwork based on. you 2?1 would upset me if it's involving her. yeah. 2" know -- 13 =23 25 0 Okay. For me -- it might not be the case for t3=25 25 Okay. At one point in time-told 2 5 2 6 ?=25 1 she can't go to the dance with him. correct? 13?? yelling at her." 2 A Correct. 2 Did you hear that from a? 3 Cl Okay. Were you there when she had that 3 A From yes. ?1 conversation with him'? 4 "John Doe shook ?while asking her what ?=25 5 A No. 13:25 5 Miss Whitehurst had toid her." 5 Okay. So anything that you know about that 5 Is that something you remember hearing from 7 conversation and what ensued, Is it safe to say that is 7 3 what you teamed from speaking with?? 8 A I remember that he pulled her by the hair in a 9 A Correct. 9 hallway at school. I don't remember what he was asking. 13:25 1" And did ?say that it was some type of a ?=26 10 I don't remember him saying anything about. "What had 11 confrontation between herself and?? 11 Whitehurst told you?" I don't remember that. 12 A Yes. 12 Is It your understanding that?just came 13 0 Okay. And did she say -- well, let me just 13 up and pulled her hair. or, conversely, is it your 1?4 read it here. It says, 'mtolduhat she 1" understanding that he tried to grab her backpack and her 13= 7:5 15 would not attend homecoming with him and did not want to 13? 26 15 hair got caught in it and he accidently pulled her hair? 1'5 talk with him." 15 A Well, she was running. 30 from what I hear. he 17 It says, "He confronted~and was yelling 17 grabbed her by her shoulder. and she said he grabbed her 13 at her asking what Miss Whitehurst told and 13 by her hair. and she ran into another classroom. And at 19 you told the police that, correct? 19 the classroom -- when she got into the classroom door 13?? 20 A Yes. 13?? 2" well, before that happened. she had said. "No. no" 21 (31 Okay. That's something you had heard from 21 can remember this. She said something about "No. no, 23 w. correct? 22 leave me alone." and then a security officer rode up on 23 A Correct. 23 his bike. 2" It says, "John Doe became angry and grabbed 2?1 Is that Of?cer 13:26 25 13:21" 25 "by her shoulders, arm and hair and continued 27 A Of?cer Waggoner. 28 7 (Pages 25 to 28) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD Okay. A Rode upon his bike and said, "When a girl says no" like, "when a girl says no, it means no," or whatever. maid, "Okay, I'm sorry." This is from what?said, and "Let go," and then Officer Waggoner proceeded to leave on his bike, and then 'took after . again, and they were running -- when she got to the classroom where she knew there was students inside, she banged on the door, but he held the door closed so the people inside could not open it. And what happened? He was asking her what -- if she had spoken to Ms. Whitehurst? A i don't remember what he was asking her. I remember something about homecoming. This was still before when he wanted to know why she wouldn't go to homecoming. Okay. After you learned about this, you contacted the assistant principal of the school, Wes Cullen, correct? A Correct. 0 Why did you contact Mr. Cullen? A I contacted Mr. Cullen so he could ?nd out about what happened to? and if there was had the situation been taken care of? is it something 0:01wa security had looked into? 0 Okay. And at the time you spoke with Mr. Cullen, you felt that he would take your complaint seriously? A E-mailed. E-mailed, and then I believe I got an e?mail. i think it took a day -- like I didn't hear anything that day, and the next day, he said he would be forwarding it to security, and they would be contacting me that day. Okay. Were you contacted by security? Yes. By Mr. Kivett, right? Yes, Mr. Kivett. Yes. When you spoke with Cullen -- or e-mailed him, did you know that he had been married to Megan Kelly? A No. Wait, did i know if Mr. Cullen -- I'm sorry? Do you know Mr. Cullen -- when you reached out to Mr. Cullen, did you know that he had previously been married to Megan Kelly, another teacher? A I know that now, but i did not know that then. Okay. So you didn't know at the time that his ex-wife had actually been accused of abusing a child Inside of their home, who was a student? A No, I didn't know thatYou've learned that since? A I have learned that since. Cl Okay. Now, It says that Mr. Kivett told you he would investigate it, correct? A Correct. And he told you that he would speak Witt. Of?cer Waggoner and Miss Whitehurst, correct? A Correct. And he later contacted you to tell you that he completed his investigation, right? A Yes. And he said he spoke to. "and stressed they both had a clean record, right? A Yet. And he said that they both wanted to remain friends? A Yes. And he said that Officer Waggoner recalled the Incident and did not believe there was any abuse, correct? A I don't remember that. I don't remember. Did I say that? Cl Well, it says it in the third paragraph, second-to-last sentence. It says, "Kivett also stated Officer Waggoner recalled the incident and did not believe there was any abuse." A I remember that Officer Kivett said that he had spoke to both of them. It would be taken care of -- they seemed to be ?ne. They both wanted to remain friends, and that was it. 0 Okay. if you felt like your daughter was assaulted by or abused by. certainly you would have made a police report, correct? A Yes, I would make a police report had I thought it wasn't handled. Do you know that Mr. Kivett actually was deposed in this case and said under oath on the record that he didn't do an investigation? MR. CHEUNG: Misstates testimony, assumes facts not in evidence. THE WITNESS: Wait. I don?t understand. Mr. Kivett said that he didn't -- BY MR. FINALDI: ltook Ktvett's deposition, and he said he didn't do an investigation. MR. CHEUNG: Same objections. BY MR. FINALDI: Is this the first time you have learned of that? A Yes. 32 8 (Pages 29 to 32) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com -- Doe v. Redlands USD 13Okay. If he didn't do an Investigation, if he did not talk to these individuals, would that upset you? A Yes. Moving further, It says, ".aclvised throughout the school year ~has had several problems with her teacher, Miss Whitehurst." Diucontinue to have problems with Miss Whitehurst through that school year? A Yes. And the problems would be Miss Whitehurst unfairly giving her lower grades on her assignments than she deserved, right? A That is the reason that is what I believe, yes. Yes. Okay. Also, was another issue that you had with Miss Whitehorst the fact that she was taking long periods of time to grade and return grades for the students? A Yes. Mind you, we have a parent portal that is available so you can check grades, and that's something I do as a parent. I take advantage of the fact that I can check and make sure that everything nothing was missing -- sometimes assignments do missing, and sometimes they are never recovered, and that 2-51 25 could check. and there would be blocks of who re she didn't put -- enter grades. So you were able to go to the portal for all of "teachers, correct? A Correct. Did Miss Whitehurst stand out as kind of an anomaly for the teachers that she had in terms of not grading or getting grades back in on time? A Yes and no. Because yes. she did stand out at the time, but now as have gone through the years, it's usually an English teacher, because it takes them longer to read and grade essays. Okay. Did you have conversations with Miss Whitehurst about this? A Yes, through -- via e-mail. Okay. And it says here, "Miss Whitehorst always seemed preoccupied with John Doe, and students complained work was backed up and ungraded." When it says, "She was always preoccupied with Victim John Doe, what do you mean by that? A Well, Ieaming from my daughter that he was a lot of the time in the classroom, or I heard of instances, you know, where she would have a classroom in session, and somehow for some reason, her whole class had to go outside because she wanted to bring him have a talk with Did that happen period with Miss Whitehur?st? A I don't believe it did. I'm not sure. I don't know for sure. Okay. At one point in time, you learned that Miss Whitehurst was pregnant, correct? A Yes. Do you remember when, during that school year, that you learned Miss Whitehurst was pregnant? A We guessed, like between my daughter -- it was after Christmas break, because the girls in the class said she stopped drinking diet Coke, and she sat down more -- you know, they're perceptive. She appeared to be pregnant. At one point in time, she actually announced to the class that she was pregnant, correct? A I don't remember that. Okay. Nevertheless, at one point in time, did either you -- or your daughter tell you that there were rumors going around the school as to who the father of Miss Whitehurst?s baby was? A Yes. For some reason, I don?t remember howl knew -- it would have to be my daughter. Yeah. Do you remember when the ?rst time is that you heard this rumor tha- was the father? A (No audible response.) Just your best estimate. I'm going to say before spring break. And spring break is -- It varies every year. It's March or April. All right. And when you heard this rumor, what was your reaction? A To be honest, I kind of, in my mind, already had put it together when. you know, that she had toid ?that he had another girl pregnant. didn't want my daughter to go to homecoming with him, wants her to stay away from this boy, keeps -- he evidently likes my daughter -- you know, i figured it out. It was easy to figure out. Okay. And Is this something you discussed with your daughter? A Yeah, open, the whole house. it says here, "Miss stated she had complained, throughout the entire school year, to Principal Cavanaugh, Assistant Principat Cullen, and Counselor Trish Scott, and Miss Whitehurst." What were the things that you were complaining about? Was this about the backed-up work and ungraded work? 36 9 (Pages 33 to 36) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com - Doe v. Redlands USD 13: A Backed-up work, ungraded work, missing assignments. I can remember -- I can remember there 13: a funny e-mail chain or something. 0 And what was the substance of the funny 3 were projects that were a great amount of points, and 3 Christmas e-mail? ?1 they were piled up in the classroom, and- had 4 A Not what I found funny so I clicked -- 13'? 5 taken pictures of them and sent them to me. that they 13= 39 5 something about the Christmas cards are ready. Oh, it's 5 were all ungraded, and you could see they weren't 5 like from Walmart, your Christmas cards are ready. I graded, and Laura Whitehurst was off that day sick or at 7 remember getting it actually, I was out to lunch with 3 home or something, but she was posting grades to the 3 my husband at the time, opening it on my phone and 9 portal. And they were grades for those assignments that 9 looked at it, how odd. It was like people with fake 13*? 1? were sitting there and not graded. 13?? 1? leaves covering up their privates. It was nothing that 11 And I contacted Trish Scott. because I wanted 11 was -- no nudity or anything. It was all covered, but 12 real grades. 12 it was like everyone in their matching clothes, you 13 And Trish Scott was her academic counselor? 13 know, like family portraits would be taken if they 14 A Correct. 14 were comical families like all in plaid or all in their ?=39 15 When you contacted Mr. Cavanaugh, what were you 15 pajamas, you know, that kind of thing. 1'5 discussing with him? 15 Real photos? 17 A contacted Cavanaugh -- he was usually co'd, 17 A They were real, but old photos. It was like 13 if I wasn't getting anywhere with Laura Whitehurst, and, 13 pro-made. It's not like she took photos. Do you know 19 in turn, it would go to Trish Scott. who is? 19 what l'm saying? ?=38 2? counselor, to keep it with counselor. teacher, parent, 13?4? 30 0 Okay. Kind of like awkward family photos? 21 student. 21 A Exactly, yeah. People you never know who they 22 0 At one point in time, Miss Scott e-mailed you 23 were, yeah. 23 some Christmas photos, Inappropriate, comical? 23 You complained to Mr. Cavanaugh? 2? A Yes, I remember that. I got on -- some kind of 2?1 A Yeah, I complained at the time. I'm on -- how ?=39 25 a I don't know, like attachment or something for like 13:? 25 did Iget on this? Just so you know, I have gotten forward -- yeah. 13 =41 1 0 Okay. So you went to the school district 2 And you asked for a different counselor for 2 office to complain? 3 correct? 3 A (No audible response.) ?1 A Yes, because I believe this was her freshman 4 THE REPORTER: "Yes"? 13 =40 5 year. It was her freshman year. that I remember. Here ?=41 5 THE WITNESS: Yes. Sorry about that. 5 I am in a new school, and my ?rst kid is going into 5 BY MR. FINALDIhigh school, and I have been you know what I mean -- yeah, no, let?s just switch counselors, Okay. At the time, were you employed? No. Homemaker? Homemaker. Do you have other kids as well? Yes, ldo. How many other kids? One. Your husband, what was he doing for a living? What was he doing? Yeah, what does he do for a living? Okay. Mr. Cavanaugh said he would address the e-mail issue and arrange for a new counselor, correct? A Correct. But she was never switched counselors, right? A CorrectWho did you complain to? A Yes, whoever was at the desk. I recognized her from, lthink, Girl Scouts, or something, but I don't recollect her name. And you complained about the same issues, the e-mails that were being sent by Miss Scott? A I complained, because I felt that if I said something at the school and complained about it, and then he told me I was going to get a counselor change and then I want to say it was Mr. Marcell that said, "We don?t do counselor changes unless for certain circumstances. 80 her counselor will not be changed." And I went to the district of?ce with the copies and turned them in. Okay. It says, "Near the end of the school year" -- this is the 2012-2013 school year, I believe -- "you went in to Counselor Chris Scott's office to complain about Miss Whitehurst." is that correct? 40 10 (Pages 37 to 40) Jilio?Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com - - Doe v. Redlands USD 13: 13: 1.magma-thump- Yes, at the end of the school year. Yes? June, yes. What were you going to complain about? I was complaining about her posting grades to the portal when she wasn't there and all the ungraded work was sitting -- we were getting to the point where report cards were coming up. and I'm looking at blocks of grades that aren't there. And It's like. "Oh. they will be posted. don't worry. She's getting it done." She was doing it from home, but the work was sitting inside of her classroom. And you were interested in knowing what these grades were, partly because if there's going to be a problem with? ultimate grade -- A I knew there would be a problem. 0 - it's better to catch it beforehand? A Correct. Okay. Before you get the final grade, and at that point, it's very hard to fix, correct? A Correct. Cl Sephomore year for students is very important because that gets factored into college applications. correct? A Yes, correct. 41 13:43 1.3: '13 13:44 13:That's one of the reason you were very concerned about the grades, right? A I was very concerned with the grades all the time. but i was -- because we were at that deadline. It was the last week, that was it. 0 Okay. And you were afraid that she was going to give - an unfair grade. right? A Correct. 0 Were you fearful that she was going to give ?a bad grade, because she was upset With-l orjealous for the fact that ?had asked her to the homecoming dance? A I think that she gradedndi?erently due to the fact that Okay. What seems like ?hiked, back as well during the time before she knew everything that had happened, right? A Correct. Okay. Were you fearful that Miss Whitehurst was going to retaliate against? because of that, through her grades? A I assumed that. I wouldn't say fearful. just -- assumed thatnwould not be graded fairly clue to the fact that and for the last how many months. I had sent e-ma?tls trying to get updates 21'] updated grades, and it was hard to get updated grades. Okay. So you met with Trish Scott in her office? A Yes. And this was before the end of the school year? A Yes. Last I want to say the last week or two weeks before the end. Your best estimate is, it was the last two weeks before school ended, right? Yes, best estimate. And you met with her in her office? Yes, in her office. Was anyone else In the office? No. Did you express to her your concerns regarding Ms. Whitehurst and the grading issues? A Yes, that was why I was there. It says here, "Miss -- "during the conversation" -- this is Page 29 at the top, "Witness ?accused Scott and the school of covering for Suspect Whitehurst, even though they all knew who the student was that was the father of Suspect Whitehurst's child." Did you say that to Miss Scott? A I believe I stood up when I was leaving and said -- and probably caught her off guard, because I don't remember hearing much from her. saying that becabse she said, "Don't worry. all the grades would be in. I'll make sure." And I said, "Yeah, I can't believe you guys could be" -- I probably said "so stupid as to not know what is really going on here, that the student -- the father of her child is actually a student here at the school." And i can't recall -- I don't ever remember hearing a comment back from her. I remember her opening her door. it says here that, rs .?ad vised Trish Scott. who appeared shocked and inquired about who was the father of Miss Whitehurst's child. Miss" refused to answer." Do you remember her asking you who this boy was who was the father? A No. I don't remember her asking such a thing. Ct Okay. But nevertheless, you didn't say who you felt the child's father was, right? A No. No. because, you know what, he was a minor -- I think he was still a minor at that time. l'm sure there's a lot of different parents that say things about other parents that aren't true or correct. I 44 11 (Pages 41 to 44) Jilio-Ryan Court Reporters ph. 714.424.9902 Doe v. Redlands USD 13didn't have any grounds, evidence or anything. It was what you hear kids talk about and how you felt about the whole situation. Okay. Until the end of that school -- actually, until you learned from the police that she had been arrested, was Trish Scott the only Redlands School District employee that you told of these suspicions that you had about -being the father or the father being -- the father of Miss Whitehurst's baby being a student of the school? A Okay. Yes, she was, and I don't know that she got exactly what I was saying, because it was a student, but yes. she was the only -- she would be the only employee of the Redlands -- Okay. But you did say everyone knows it's a student that Is the father, correct? A i don't know that I said exactly -- like everybody knows, but mind you, when you are upset and you are a parent and you are in an office, you say, can't believe you guys don't -- everybody knows." meaning all the kids have ?gured it out. You know what I mean? Not like everybody knows. Yes. But my point being. the gist of what you said was that look people know that a student is the father, correctPeople are assuming. As a parent and knowing what is going on, it was obvious. Okay. But my point being, here it says that you told police that you accused Trish Scott and the school of covering for Miss Whitehorst, even though they all knew that a student was the father. That's generally what you conveyed to Miss Scott, wasn?t it? A Where does that say? On the fourth sentence down and the fifth sentence down. A I think that that is taken a little bit -- Trish Scott -- when she would e-mail me back, she would say, "Oh, good afternoon, don't worry. We have contact with her. All the grades will be" -- [felt like they were masking the fact that she wasn't getting the grades done. She wasn't putting them in in a timely manner. They weren't going to tell me as a parent, you are right. She's blown it, you know what I mean, she's not even around. We are trying to get the grades. They are not going to admit that to me as a parent. So for that to say they were covering -- I'm not saying they are covering. i mean -- Essentlally you told her that you had suspicions that a student was Miss Whitehurst's baby's fatherllYes, I said that in the of?ce before i left. Okay. That's all i wanted to clear up. Okay. And Miss Scott was the only faculty memberfteacher in the Redlands School District that you told that, correct? Yes. You didn't tell that to Mr. Cullen? No. And you didn't tell Mr. Cavanaugh? No. And you didn't tell Miss Whitehurst that, or did you? A No. Okay. Do you feel your daughter was being manipulated by Miss Whitehurst? MR. CHEUNG: Vague and ambiguous. THE WITNESS: I feel that she wanted to make sure that-didn't, like, get not get involved, but she didn't want? to like That's how I felt. BY MR. FINALDI: in order to get not to like- she told . things about-that were not true, correct? 039,0MR. CHEUNG: Calls for speculation. THE WITNESS: She told- things like he had a girlfriend, that he was -- BY MR. FINALDI: At another school that was pregnant with a baby, right? A I remember that because I was trying to figure that out from social media who it could possibly have been, correct. That was all a lie, right? A That was a lie. Okay. So would you consider that manipulative as against your daughter, telling your daughter that In a locked room with no one else around? A I think it's wrong fora teacher to take a student in a locked room. Okay. Do you feel that Miss Whitehurst's interactions with your daughter during that school year regarding w, keep it a secret and the things that she's saying behind a locked door -- affected your daughter in a negative way? A It affected her grade. You feel it affected her grade lower? A Yes. Do you feel that it brought extra stress to 48 12 (Pages 45 to 48) Jilio-Ryan Court Reporters ph. 714.424.9902 Doe v. Redlands USD 1.3: 13: 13: 52 52 53 13:your daughter's life during that period of time? A It brought added stress during that homecoming period, but other than that. no. Okay. What was her ultimate -- your daughter's ultimate grade in Miss Whitehurst's class? A minus. What do you feel she should have gotten? An A. you guys ever appeal that grade? Yes. Okay. What was the outcome of that? They kept the grade the same. Who was involved in that appeals process from the school; do you know? Was Miss Whltehurst Involved? A No. 0 Was this after she was arrested? A This appealing the grade was after the report cards had came out, and I want to say it was the start of June. 30 from the way I remember, it had already been. you know. five months since the grades had been posted and her outcome. Oh. i know, I requested a writing portfolio a? writing portfolio that would have contained all of her essays and everything that you never get to see and see the grades on them. I requested to see them, because I wanted to know what looked like. because thenjunior year. she said there was some different writings that she didn?t know. like different ways that she was supposed to write. you know. rules about the body of whatever she was supposed to be writing. So I requested to review her writing portfolio. and I was brought in -- I had a meeting with Bernie Cavanaugh -- l'm not sure who the other admin was -- it was either Mr. Marcell or Mr. Cullen -- -would remember. because-was also in the meeting, where we were given the portfolio that we could view. 0 Okay. This was after the appeal of the grade. right? This Is separate from the appeal? A Well. lwanted to see it, because In it would be graded essays that she would have gotten graded from Miss Whitehurst. What were the grades on those? A None of them were graded. 0 All right. So when they refused to change the grade. did you tell them how could you not change the grade. when none of these are graded? A I was explained that an A minus was not a big deal. Who told you this? A It was one of the admin that we met with1'Ultimately it would be Mr. Cavanaugh. he's the principal sitting there. But on a transcriptminusdon't want any problems. you know. Did you want to let it go because you didn't want" to face further problems during her last two years of school? A It's always in the back of your head. but "never had any other issues. She was always done very well with admin, and she has never had a problem with them. It was just I chose one of those things that I wasn't going to ?ght. I did want to see. though. that -- why would she not know? You know, what was in the writing portfolio that we didn't know about when her grades are 0 You said you had driven some of? friends, who were students, to and from school during the 2012 and 2013 school year. A Yeah. I remember once in awhile giving kids a ride. i don't have like the car that everybody is sitting in it and talking. and l'm the parent, I'm usually involved in the conversation, but -- Do you remember other kids talking about it perhaps being ?child who Ms. Whitehurst is 51 13: 1.carrying? A remembermelling me that, you know - well, l'm not -- she wasn't the only student that thought that -- that's how I'd say it. Did she there were other numerous students saying that they felt the same thing, thatuthe father? A She didn?t say numerous. Her friends were small, and-is the type to stay in a classroom to do homework rather than go out to lunch. 80 I don't even remember who it would be. But I remember her -- something about we both think that it's?or something to that effect. Okay. Is there anything else about Miss Whitehorst and ?that I have not covered that you believe would be important to this case? A Only other thing that sticks out is float-building, but I don't remember talking about that at all. What about the float-building? A Float building is when the different grade levels go out and they build their fleet. They usually do it into the evening hours. It's a week long. during homecoming week. and us parents pull up, and We wait for 52 13 (Pages 49 to 52) Jilio-Ryan Court Reporters ph. 714.424.9902 Doe v. Redlands USD 13: 13: 13: 14: 14: 111: 00 DO them to be done. it's usually 8:00 or 9:00 in the evening. And I remember pulling up one evening, up to the curb to pick up .. and I could see her talking to somebody. MR. CHEUNG: Are you talking about? THE WITNESS: Yes. lsaw- talking to somebody, and I realized it was? And when I opened the car door, my driver's side door, I had my lights on -- it was dark out -- I yelled tonic get in the car. And he was -- when I opened the door, that he was loud talking yeah, he was yelling. but he was crying, and I could see him on his phone. And when got in the car she can't flash the lights. And -came to the car, and I asked her, "What Happened?" She said that he was on the phone, and he was upset. Somebody I don't remember exactly -- something about he was upset about Laura or Miss Whitehurst. Was this after the backpack-hair?pulling Incident -- Yes. -- or before? After. This was after? Yes, afterAll right. Did she say exactly what it was that he was upset about regarding Miss Whitehurst? A Ali I can remember. he was upset about Miss Whitehurst telling but I believe it's just telling her about the things that kept? from going to homecoming with him. Was this before or after you had suspicions that David was the father? A Oh, this was before, because this is October. homecoming -- my suspicions weren't until later. Okay. And you didn't suspect that Ms. Whitehurst was even pregnant at the time, correct? A No. Okay. Do you have any specialized training In childhood sexual abuse or seeing the signs or anything like that? A No. Okay. Have you ever been a teacher? A No. Okay. When you began to suspect that? might be the father, is it common sense that -- is there any -- or was there any particular specialized training you had? MR. CHEUNG: Vague and ambiguous, calls for speculation and lacks foundation. 54 111THE WITNESS: It's hearing kids -- my daughter communicate with me. I think the kids in the school see everything. Us as parents. we don't see -- we don't hear what goes on. they do, and they only tell us a selected amount of information.?tells us a lot of information. She just -- we all communicate well. so that's how I know. A lot of kids probably don't tell their parents things. All right. How much do you have? MR. CHEUNG: Oh. go off the record. MR. FINALDI: Okay. Let's take quick -- a quick restroom break. and we will trade off. and Mr. Cheung has some questions. THE VIDEOGRAPHER: We are going off the record. The time is 2:02 pm. (Short recess was takenlawsuit? A Have I spoken to any attorney about this? 0 For example. did you Speak to anyone from Mr. Finaldi's office about what this deposition would be about? A No. So nobody from his of?ce asked you any questions about what you knew aboutmnd Ms. Whitehurst? A No. You were deposed once before about 30 years ago? A Oh, yeah. Can you tell me briefly what that was about? A About a baby falling out of a grocery cart in a grocery store. 17 THE VIDEOGRAPHER: We are back on the record. The 17 Your husband's name Is? 13 time is approximately 2:05 pm. 19 A 19 19 How long have the two of you been married? us 20 EXAMINATION 14:95 2? A Twenty?two years. 21 BY MR. CHEUNG: 21 his year oldest child? 32 Good afternoon. Again, my name is Joseph 23 A Yes. she is. 23 Cheung. I represent the school district In this matter. 23 What is the age of your second child? 2? Before today. have you talked to any attorney 2? A 14. ?=05 25 about this lawsuit or the allegations contained in the 14? 25 BOY or Eli?? 55 5 6 14 (Pages 53 to 56) Jilio?Ryan Court Reporters ph. 714.424.9902 n, Doe v. Redlands USD 14Boy. Your husband is al- Yes. How long has he been employed at?? Employed 18 years. Now he is? Did your husband have any type of background in A No. Did he have any kind of background in education? In education? Was he a teachereducator. No. You say currently you are a homemaker? Currently I stay at home. yes. How long have you been in that noble profession Since we moved here. so 14 years. And you have no previous experience as an educator? A No. Did you have a Job before you chose to stay home? A Yes. 4.. D>30>o>What kind of employment did you have? A I worked for Lucky's -- Albertson's. 0 Okay. in what capacity? A A manager. 0 With respect to? you talked about the time when he came to your home, so you could meet him before the homecoming dance? A Correct. Was that the only time you ever met him face to face? A That's the only time i met him. or was introduced to him. I probably had seen him around the campus. But otherwise. I had never met him before. Okay. Since that time that he came to your house. did you have any other encounters with him? A No. That was the only substantive communications you ever had with him? A Correct. Before that meeting with - there was Disneyland trip with the A83 students? A Correct. Did you know that Miss Whitehurst was a chaperone or a supervisor for that Disneyland trip? A I don't remember knowing that she was. 58 14: 1'didn't know of her that well. I just know when they have a Disneyland trip, there's always a handful of teachers that go. Otherwise, you had no problems -- A No. -- letting ?attend that Disneyland trip. correct? A Yeah. no problems. My son is on it right now. He is in ASB as well? A Correct. 0 You were talking about some communications you had with Miss Whltehurst. and you mentioned that you had e-mailed her asking her not to distract ?with for lack of a better term -- drama? A Correct. i think you said Miss Whitehurst called you back, and you discussed this issue with her? A i remember talking to her on the phone. and she called me. and we talked about it. 0 Was there anything resolved between the two of you on that phone call? A I'm sure we left on ?ne termsI but I don't remember it being like we spoke on the phone and then that was kind of the end of it, until I started noticing the gradesWhen do you think this call occurred? If you can't pinpoint a month, maybe you can describe it relative to such as the meeting with it was two weeks after you met A The phone call with Laura Whitehorst I believe was in September. Homecoming is in October. September is when they are gearing up. You want to know who you are going to go with. and school had started. I want to say it was early September probably. Maybe late September. 0 And this would have been after the arguments that? and hhad at school? A No. This would have been before. The reason why I contacted Miss Whitehurst was because she was telling~n "Don't go to homecoming with? He is not a good influence. I was contacting her as to, "Why are you telling my daughter not to go to homecoming with him?" So this is before all that. I think we are on the same page. The first instance where a problem with Miss Whitehurst arose was whenmtold her that she had an argument at school with?and ?was angry and asked ., "What did Miss Whitehurst tell you?" MR. CHEUNG: Objection, lacks foundation. 60 15 (Pages 57 to 60) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com .- Doe v. Redlands USD 14* 13 1 THE WITNESS: [s that the -- are you referring to 1? 13 1 regarding Miss Whitehurst came to light in your mind? 2 the instance where she was in the hallway? 2 MR. FINALDI: Vague and ambiguous. 3 BY MR. CHEUNG: 3 THE WITNESS: I don't know that that is the ?rst 4 Yeah. two instances. There's one ?1 time, but I know that is when it escalated to something 13 5 where I think where he tried to pick her up during -- 14:14 5 that I didn't know it was going to. where there was 5 A During the float-building. 5 anger involved. 7 -- during float-building. 7 BY MR. CHEUNG: ii A That float-buiiding is the week of homecoming 3 Is there some precipitating event -- strike 9 that we had already determined she could not go to 9 that. Is there some event or incident prior to the 14= 13 1? homecoming with him. so anything the hallway and 1? i 14 1? hallway Incident that caused you concern about 11 stuff is all prior to that. 11 Miss Whitehurst? 12 0 Yes. The hallway -- i will show him that. 12 A [was concerned because she was telling my 13 A Okay. 13 daughter not to go to homecoming and having private 14 The hallway incident Is what Mr. Flnaldi was 1?1 conversations with her after class not to go to 13 15 discussing with you. where?was angry, he may have 1? i 14 15 homecoming with him. to stay away from him. he was a bad 15 grabbed her hair or backpack -- 16 influence. 17 A Correct. 17 Okay. 1" -- and also Waggoner assisted. 1" A I think we are talking about the same thing. 19 MR. FINALDI: Objection. Misstates testimony and 19 I'm sure. 14= 13 2? calls for speculation. 1?1 i 14 2" I'm trying to establish a timeline. You had 31 BY MR. CHEUNG: 31 the meeting with -at your home. and at that point. 22 That's your understanding of the hallway 22 you had no concerns about Miss Whitehurst. Is that fair 23 incident? 23 to say? 2? A The hallway incident. yes. 34 A Correct. I didn't have any concerns. 13 25 That was the first event where an issue 1? i 15 25 And shortly thereafter.-came to you and 6 62 ?=15 1 talked about Miss Whitehurst telling her to stay away 15 1 A Yeah, I didn't know she was sexually involved. 2 from" 2 Yeah. I dldn't think so I don?t know. 3 A -told me, yes, she saidtake it,- and In that same timeframe between ?4 in?uence and to stay away from him. No. you can't go 4 September and October homecoming, you had the ?=15 5 to homecoming with him." 14:17 5 conversation with Mr. Kivett about the hallway incident? 6 How long after the meeting with-did 6 A Yes. I spoke to Officer Kivett on the phone. ?bring this -- 7 He called me. 3 A That all has to be within about a three or four 3 You never met him face to face about the 9 week period. September. and homecoming is October 9 hallway incident? ?=15 1? sometimes in mid-October and sometimes the third week didn't. 11 October. 11 Is it through the conversation you had with 12 So after -told you the things that 12 Mr. Kivett where you first learned about -- or first 13 Miss Whitehurst said to her. the next significant event 13 learned about Officer Waggoner's name, as opposed to 1? was the hallway incident? 1?1 ?telling you. and speci?cally identifying that ?=16 15 A Yes. 1?1 i 17 15 Officer Waggoner was the one that approached? 15 0 Okay. it's fair to say at the time of the 15 A I had heard Officer Waggoner?s name before. 17 hallway incident, you did not have any betief that 17 only because he?s security on the school campus. You 13 Ms. Whitehurst was somehow sexually involved with? 1? know, usually they are at the gate when we are going to 19 Is that fair to say? 19 pick up -- he unlocks gate. but I know he is not there ?=16 2? A Yeah. that's fair to say. I had no idea. W13 20 anymore. But~told me about the incident in the 21 And then sometime shortly thereafter. the 21 hallway after it happened. Well. there was like a week 22 hallway incident, then the float?building observation? 22 later she told me about it. .?didn't come home 23 A Yes. 23 and tell me about it right away. 24 At that point. you still had no belief that 2?1 Okay. It ?who told you it was Waggoner 14:16 25 14:18 25 -was sexually involved with Miss Whitehurst? 63 that approached them? 64 16 (Pages 61 to 64) Jilio-Ryan Court Reporters- ph. 714.424.9902 -- Doe v. Redlands USD 19 1 A Yesdon't remember what the response was. 2 0 She specifically used his name? 3 I guess what I was kind of getting at, was when 3 A Yes, Officer Waggoner on his bike. 3 ?told you about this hallway incident, was it ?1 0 Okay. When ?told you about the hallway ?1 your impression that it was kind of In the past with 19 5 incident about a week after it actually had occurred, ?=20 5 her, or did she have some kind of continuing fear 5 did she express to you any fears for her own safety with 5 concern about- 7 respect to?? MR. Calls for speculation, assumes facts 5 MR. FINALDI: Calls for speculation, assumes facts 3 not in evidence. 9 not in evidence. 9 THE WITNESS: I think i?had a continuing 19 1? THE WITNESS: When ?told me about it, of ?=20 fear that something was going to happen, she would have 11 course I was irate. That's why [wanted to know what 11 told us as soon as it happened. She didn?t tell us as had happened, and Ie?mailed. lcan't say whether she 12 soon as it happened. Idon't know if she didn't tell us 13 was fearful. She was alone in a hallway. and that alone 13 because she then knew she definitely wasn't going to 1?4 scared her, if someone is coming after her. Yeah, she 1" homecoming. You kind of have to wonder when kids tell 14= 19 15 seemed like she was scared about it, but it wasn't -- 1?1 =20 15 you something and when they don't. 15 evidently she didn?t come home and tell me right away 15 Ali remember about the incident was that 17 about it. She said that she told -- she reported it to 1? after I spoke to Of?cer Kivett and that day, when I 19 a teacher. 13 spoke to Officer Kivett. he told me he was going to pull 19 Which teacher was that? 19 them in individually," and - And they were ?119 20 A Whitehurst. ?=21 2" pulled out of class and brought in, and he spoke to 21 She told Miss Whitehurst about that 21 them. And then he Officer Kivett called me and told 22 confrontation that-had with her? 22 me he had spoke to them, and how the outcome was, and 23 A Yes. Yes. 23 was fine with it. And that was it. 2? And did she tell you what Miss Whitehurst's 2?1 BY MR. CHEUNG: 1? 19 25 response to that was? ??21 25 0 After Officer Kivett reported to you that? 6 5 6 6 ?=91 1 and .wanted to remain friendsminute? 2 ?and verify that with her? 2 MR. CHEUNG: What is that? 3 A Oh yeah, ?came, and she told me she got 3 THE REPORTER: Can we go off the record, please? 4 pulled out of class, and she went in and spoke to 4 MR. CHEUNG: Sure. 14:21 5 Officer Kivett about it. And so that was kind of why I 14 =22 5 THE VIDEOGRAPHER: We are going off the record. The 5 was so shocked when you said Of?cer Kivett said he 5 time is 2:22 pm. 7 didn't investigate it. But anyway, yes,~felt it 1 (Discussion was held off the record.) 3 was ?ne. I was after talking it over with Of?cer 5 THE VIDEOGRAPHER: We are back on the record. The 9 Kivett. He's head security there. and I had seen him at 9 time is 2:23 pm. ?1?22 1" the school. If he tells me nothing else is going to ?=23 10 BY MR. CHEUNG: 11 happen, everything is fine, i trust that everything was 11 Before we took that short break, you understood 12 going to be fine. 12 that an adult who has sex with a minor Is illegal? 13 0 At that point, you still had no belief that 13 A Correct. 14 ?was romantically, sexually Involved with 14 And obviously you have not only your children's 1?1 =22 15 Miss Whitehurst, correct? 14:24 15 best interest at heart, but also other children, 15 A No, I didn't. 1?5 correct? 17 In fact, at that tl me, you knew that it was 17 A Correct. 1?3 criminal for an adult to have a sexual relationship with 18 If at any time you suspected that there was a 19 a minor, correct? 19 teacher who was having sex with a student, you would ?1?22 2? A YES, correct. 2" have reported that to school administration at the very 21 At the time, you believedMas a minor; 21 least, correct? 32 isn't that true? A If I knew for a fact? 23 A Yes, because I think he was only a year older 23 If you had any kind of suspicion? 2" than ?n or two YearS- 1'm not sure- 24 A Well. I'm not at the campus. All I do is go ?=22 35 THE REPORTER: Counsel, could we go off the record 14:24 25 67 off what I-- hearsay from the kids. if I, indeed, 68 17 (Pages 65 to 68) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com - Doe v. Redlands USD 1?1 ?24 1 thought that there was that kind of activity was 14:25 1 0 At the time she was reporting to you that 2 going on, I would have said something. 2 Miss Whitehorst was pregnant, was she already suggesting 3 So?first told you that she thought Miss 3 that?might be the father of the baby? 4 Whitehurst may be having?baby -- I think you 4 A I probably said it beforehdid, only ?1'25 5 told us it was roughly right after spring break. ?=25 5 from putting the pieces together, and as an adult, that 5 MR. FINALDI: Before. 5 could be possibly like what's going on, but I'm not at 7 THE WITNESS: No. before. "i the campus. I don't know that that is exactly what is BY MR. CHEUNG: 3 going on. 9 It was before? 9 Cl Did you con?rm that with? that was her ??25 1? A Before. It was like a puzzle, to be honest ?=25 1? belief as well? 11 with you. When you know your kid and you know what they 11 A Yeah. [think that we spoke about it, and 12 do and how they act and what is supposed to happen and 12 think?thought that could possibly be what was 13 what is going on, and when your kid is perceptive enough 13 going on here. 1? to see a teacher stops -- I know it sounds odd -- a 1?4 Why didn't you tell school administration or 1?1 ?25 15 teacher stops drinking diet Coke. sits down frequently. ?=27 15 the police department? 16 ?speculated she was pregnant. ?as 15 A Because i didn't know fora fact that would be 1" telling me that. My wheels start turning, and when I 1" going on. 13 spoke to my daughter, like i do as an adult, us 13 Fair to say that this hearsay and speculation 19 conversing back and forth, it kind of ?t together that 19 by both you and -was not enough for you to go to 1? =25 2? that is probably what had happened, you know. ?=27 2? the police or school administration to accuse 21 It was shortly after winter break that? 31 Miss Whitehurst of having sexual contact with a minor? 32 told that you Miss Whitehurst was pregnant? 22 A No. that's not enough for me to accuse 23 A Yes. 23 somebody. 2? 0 Because she was avoiding diet Coke and -- 2" This speculation about thatmas possibly 1?1 =25 25 A Sitting down more frequentlyI yes. ?=27 25 the father of Miss Whitehurst's baby, did you discuss 6 9 7 0 ??27 1 that with any other student? ?1?29 1 A Through". 2 A No maybe once in a while there would be a 2 Because? was telling you there are other 3 student over, but it wasn't like a topic of conversation 3 students talking? 4 where we all discussed Miss Whitehurst and what was ?1 A Correct. It's not like they are at my house 1499 5 going on. I'm going to say there was probably a couple 1?1 =29 5 telling me I think she -- yeah, correct -- they are not 5 different kids that thought maybe, possibly that? 5 saying I think it's- Yeah. 7 was the father. 7 Did you discuss this issue with any other 5 Do you recall the names of the other students 3 adults or parents? . 9 that talked about Miss Whitehorst being pregnant with 9 A My husband and another student -- well, he is a ?=29 10 ?baby? 14 =29 10 student now, my son. My son was around during all of 11 A It's teenagers' hearsay, like listening to them 11 it. But otherwise, no. 12 speak. I know at the time? was friends with a 12 Did your husband have any opinion on the 13 girl named ?and herfriend but I don't 13 matter? 1?1 even know if~had Whitehurst as a teacher. 14 A Basically, the same opinion I have. that what 14?? 15 I guess what I'm getting at, you did talk about 1? =29 15 was going on was in?uencing ?and her grades. 15 this with 15 But certainly your husband didn't suggest 17 A Correct. 17 to you we should go to the police or school 1? And you heard similar things from her mouth, 1" administration -- 19 thatWas possibly the father of Ms. Whitehurst's 19 A No. ?=25 20 baby. What I'm really getting at is die! you hear that it =30 2? 0 -- about Miss Whitehurst Possibly being 21 from anybody else? Did you hear that come out of anyone 31 pregnant with a student's baby? 22 else's mouth? 32 A No, because, you know, he was at work all daywould come home and listen to us. maybe chime in a 2?1 When you say that other students were talking 24 word or two and probably think that we are just 14:29 25 10:30 25 about it, you only know that through .7 71 imagining things, not -- you know, men don't become as 72 18 (Pages 69 to 72) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com - Doe v. Redlands USD involved. Sorrythis room, that' A When it comes to school and stuff like that, it's the school, the grades, you know. making sure the homework is done. It's not all the other activities that are going on that dads are so concerned about. That was your only real concern with Miss Whitehurst during that schooi year was that she was being delinquent in grading; Is that fair to say? A Yeah. because my kids go to school for the education. If they make a couple of friends, great for them: otherwise, stay out of trouble, get your education and move on. So i didn't have any other problems with Miss Whitehurst, didn't really even know her. I had seen her and knew what she looked like, but otherwise, I didn't know her. Going back to -- you had a call with her about having no distraction for? and I think you also told us that you had an exchange of e-mails with her thereafter, where you were complaining that the grading was being backed up? A Grading backed up, missing an assignment - or I remember one e-mail there was, she gave a grade of an on an essay. and~does not do work. I mean, yeah, she's a topunotch student, so to get a grade like 73 14: 32 14:32 14:that, it was either -- was it missing? What happened to it? And if grades aren't what they are supposed to be. then my kids don't do anything that weekend. So that?s why Iwould e-mail her, can i get an updated grade, ?nd out what is going on? What were Miss Whitehurst?s responses to your complaints about her delinquent grading? A She was -- sometimes it was, "Oh.?was missing that because she wasn't there that daydifferent box, or I'm trying to do the grades as fast I can. There?s a lot of essays." She always had a response. you know, always got back -- sometimes I would have to cc Trish Scott. If I didn't get a response, but then I always got a response back, giving a reason why grades weren't put in. Who is the first person that you complained about Miss Whitehuret's delinquent grading to? Was that Mr. Cavanaugh, Mr. Cullen or Miss Scott, or anyone else? A It would either be Mr. Cavanaugh or Miss Scott -- Trish Scott. Only I went to Trish Scott first, because she's the counselor. and usually that's kind of the way you go. I don't know. I know thought that e-mails did get to Mr. Cavanaugh. Do you recall right away when you first complained to Mrs. Scott, if she was the first one you 74 14: 14? 33 34 14:complained to when you first complained to her about the delinquent grading? A l'm going to say it was probably after homecoming. It was somewhere you know, there's always that crunch time. homecoming happens. and then they go to school four weeks and Thanksgiving break. And you always want to make sure that everything is up to date before Thanksgiving break, and when they come back, it's before Christmas break. l'm a really strict parent. So it would have to have been after homecoming, before Thanksgiving probably is the ?rst time I complained, and then I remember continually complaining after that. 0 With regards to the e-mail that you received .. from Scott of the funny family pictures -.- funny family Christmas pictures. and you thought It was Inappropriate simply because you're a parent -- A l'm a parent. I have a student that is going to high school for the ?rst time. You have -- my perception is a little different now. [think I went to district of?ce with it after not getting the counselor change. I guess what I'm getting at. you want to -- MR. FINALDI: Let her finish the question answer. THE WITNESS: I believe I went to district of?ce. 75 14: 14: 14: 14: 14: 141was upset because i didn't get the counselor change that I wanted. You perceive your counselor as that's the person your child goes to. you know, they guide them through the four years and get them to where they are supposed to, or where they should be. and I didn't want my kid to be the one that, you know, just scouted them on out. You want them to get as much as they can from it. Trish Scott is a great counselor. She's -- When you send your kid to high school, you don't want them just to get the minimum. You want them to experience all of it. When I didn't get the counselor change and I had a counselor that perceived that to me would have been like -- she's like the director. When you have a problem, you don't really go to Mr. Cavanaugh. You go to your counselor. I didn't want the fact that I got a funny forward attachment list or whatever it was unprofessional to me, so that's why. BY MR. CHEUNG: You weren't offended by the material In that e-mail; is that fair to say? A A couple of them were offensive. I went through them, and there were some that were kind of derogatory about religion, but, you know, you look back at it now. it wasn't that big of a deal. At the time it 76 19 (Pages 73 to 76) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 14was, because she is the counselor. She should be more professional. That's all. You weren't -- you didn't: have a friendship with Miss Scott at the time? A No. No. Eventually, a couple weeks before the school year ended, you met with Miss Scott, and that's when you said to her something to the effect, can't believe you don't know that a student is the father of Miss Whitehurst?s baby." A I went in her of?ce at Citrus High -- you can walk in -- and usually all the counselors' doors are open. They know me. At that point, too, I can walk in and say. "Trishsecond? Can I talk?" She would say. ?Oh, come on in." They are very open door. And I remember- I don't know if I called her or what -- and said, want to come down and see you. Was she going to be around?" lwentI and she said, "Come on in." And we started talking about -- I remember showing her the pictures. 'ms sending me this from inside the classroom. The papers aren't even graded, and Laura, wherever she ls, she's posting the grades, they are not even graded." "Are you kidding me"We are down to the crunch time." And she said, will take care of it." I don't how she took care of it. I know she did say that she talked to Mr. Cavanaugh about what was going on. And I remember at that time getting a little upset. I didn't have much timethe year, and I made reference to, can't believe you guys haven't figured it out yet. When you went to Miss Scott's office, your purpose In going there was to discuss the delinquent grading and the projects that were not being graded? A Correct. You had no Intention of talking about Miss Whitehurst's pregnancy at all, correct? A That's correct. But when you are in that moment and you are getting up and walking away and maybe I didn't get all the answers or didn't hear that the grades would all being fixed today, and i'm going to work on it today -- you know what I mean? You say things because you are upset. But when you said that, you still didn't suspect there was an actual sexual relationship between ?and Miss Whitehurst, correct? MR. FINALDI: the testimony. THE WITNESS: Well, if I think she's pregnant with 'his child, I think that they probably had something going on. BY MR. CHEUNG: . Again, if you thought she was having a baby of a minor student, that's something you would have reported to the police or school administration, correct? MR. FINALDI: Object. THE WITNESS: had proof, lwouid. I'm not an educator, lam not at school. All I hear is what was going on around me, so I threw it out there in her office. She can take it however she wants. Do you know but as a parent, I'm not going to make accusations that I don't have grounds -- I don't have proof for. BY MR. CHEUNG: That's something a reasonable person would do, wouldn't you say -- MR. FINALDI: Calls for speculation. BY MR. CHEUNG: -- not to accuse somebody of a criminal offense without having some kind of proof? MR. FINALDI: Calls for speculation or calls for legal expert testimony and assumes facts not in evidence. 79 14: 14: 14: 14: 1'THE WITNESS: I would not accuse somebody of an illegal act unless I had proof of it. I envision that if that was my child, I wouldn't want some parent, because I'm a random parent, just like everybody else is going there and making accusations, so I?m not. I did say it in her of?ce. I put it out there, but it's what I felt. BY MR. CHEUNG: You believe? is an honest, good person obviously? A Oh, yes. Is it fair to say whenmwould speculate thatgmight be the father of Miss Whitehurst's pregnancy, that she wasn't saying that to you ?ippantly? MR. FINALDI: Calls for speculation, vague and ambiguous. THE WITNESS: Can you give me your de?nition of ?ippantly? Like, was she joking? BY MR. CHEUNG: When she made that kind of statement, what was her tone like? Was she joking about it? Was she very serious and concerned about it? A She -- to be honest, she wasn't real concerned about it. She was concerned about her grades. And that 80 20 (Pages 77 to 80) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 14ultimately what it comes down to, her grades and what the grade was. This was a distraction. You only had one Interview with law enforcement about the allegations against Miss Whitehurst? A Yes, one interview. Yeah. Since her arrest, has anyone come up to you and told you information that you didn't know before about Miss Whitehurst? A Well, I know the news -- what was going on with her. I guess what I'm getting at -- A I ran into her at Target, but that was after she had gotten out. And any other information I would hear because my son had Mr. Whitehurst as his teacher during his seventh grade, three years ago, yeah. So you actually ran into Miss Whitehurst after the arrest and after she got out of jail? A I saw her at Target. 0 You avoided her? A Yeah. Did any of the district employees or officials come and talk to you about -- A No. -- these allegations? A No. 81 14:Going back to the bullying incident, you said when "got into your car, she told you that? was upset about Miss Whitehurst having spoken to a. Is that when told you? A It's something to the effect that he was upset because -- he was upset because Laura -- Miss Whitehurst had told ?things about him. Those answers you are going to hear from -- you'li hear from It's hard for me to remember those kind of things. It's just a lot of information that I hear, but she was the only one I picked up in the car that evening. Did you ever tell~that maybe she should tell another teacher or a school administrator about ?relationship with Miss Whitehurst? A No. I don't recall ever saying or telling her that she should. No. Would you say at the float-building incident you sawwin tears? A Yeah, he was upset. I could visually see. I remember flashing my lights, because she wasn't coming to the car, and I knew his car, and he was parked there. and he was standing next to it. and he was on the phone. And when she got in the car. she told me he was talking to her, he was upset with her or something to that effectwas your impression David was on the phone with Miss Whitehurst? A ?told me when she got in the car. Ci I take ttwposition was?was on the phone with Miss Whitehurst? A It was her impression, or she heard him talking to her. Did? have a cell phone -- A Yes. -- during that school year? A Yes. Do you know, did she communicate with teachers by way of cell phone? A I don't think she communicated, i think, via e-mail. But I don't even think Laura Whitehurst e~mailed her very often, or if she had -- i'm expanding It out. Let's say her high school career, did have communications with teachers by way of cell phone or through or -- A No. Oh, actually, they do. They have a group. like a group text with ASB, Associated Student Body, but that is everybody that is included in it, so they know, when they are meeting, make sure that everybody knows because sometimes it's dark when we are done with the event, and if -- whoever is the last parents and students, they never leave anybody alone. But other than that e-mallI and Miss Byack, who is the A88 Advisor,? and he would talk on the phone regarding preparing for events or what have you. As a parent, you have no problem with your daughter texting with a teacher, so long as it's related to legitimate school activities or academics? A i don't have a problem with it, because after all. when you look at it. it is just like e-mail. They do it on their phones. It's like e-mailing them. I think you mentioned before that? told you at some point that Miss Whitehurst seemed preoccupied with A Yes. Did Lindsay tell you any details about what that meant? I think you talked about there was one occasion where she excused the class so she can privately talk to? A Excused the class so she could privately talk to him -- other is hearsay, is what I have heard a say, that they couldn't get into the classroom to start class because she had the door locked, and then I remember actually one instance "left her bag her backpack or something in the classroom and went back to get It and knocked and knocked, and finally I think 84 21 (Pages 81 to 84) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 14: 14: 14: '14was?-- either ?or Laura opened the door and put the bag out the door and shut it. That?s all that you can recall? A Yes. Do you have examples of Miss Whitehurst's preoccupation with .7 A Yeah. but have heard other things that possibly went on, but, you know, they are high school kids. I don't know if it's she didn't see it - and I don?t know where she hears itI but it's other students evidently talking about things that possibly have been going on in the classroom. I think a couple times during your testimony you made comments that it was kind of obvious, it was easy to figure out that Miss Whitehurst was pregnant with ?baby. Do you recall saying those words during your testimony earlier today? A Yes. As a parent. there's like you can see things. Like I said, it's like a puzzle, and you can like fit things together. You can, you know, by hearing things from your daughter coming home and telling you things. I had to put it into my mind. I wonder you have to wonder. I don't really mean to split hairs here. When you say, this was a suspicion of yours or whether belief of yours, the bottom line is even though you put this puzzle together, you didn't have a complete enough puzzle to take it to the police or school administration. A No. Is that fair to say? A That's fair to say. I didn't have complete enough Information. I had hearsay. MR. FINALDI: Objection. BY MR. CHEUNG: it was a hunch of yours? A Yeah, it was a hunch. Did you ever see .interact with Miss Whitehurst at all? A No. Did you ever see your daughter interact with Miss Whitehurst at all? A I'm sorry, no. Maybe from a distance at ?oat-building at float-building you can see the different teachers that are there walking through, and ?talked to a iot of people. That's howl know who she was. I already asked? who Is whoever you were talking that by the chair, and she said, "Oh, that's her." But otherwise, I didn't know who she was, so I had no ideaMR. CHEUNG: i don't have any more questions. MR. FINALDI: have a few follow-up questions. FURTHER EXAMINATION BY MR. FINALDI: Did your daughter. after the blow-up between and herself over homecoming, did she later throughout the school year tell you that they were still friends and were continuing to communicate? A That her andnwere still friends? Yes. A Yes. A couple of different kids that you heard also thought that ?was the father. One of them was correct? A Yeah. I can't say that? thought" was the father. I remember ubeing in a conversation that we thought possibly -- orjust girl talk. - What's her last name? A And 1* what's his last name? A 1-: 87 14: 14: 14Any other students, other than those two? A No, not that I know. is your daughter friends with a girl named A That name doesn't ring a bell. All right. Your son is still a student at Redlands Unified School District, correct? A Yes. You care very much about his grades, correct? A Correct. You care very much about his education and his future, correct? A Very much about? His education and his future, correct? A Yes. I do. Okay. Trish Scott, do you feel she-exercised poorjudgment In sending that e-mail to you? MR. CHEUNG: Lacks foundation, may call for an expert opinion. THE WITNESS: I don't think she intended to send it to me. I think at the time we had been exchanging e-mail conversation, and so at the same time maybe she was forwarding it, and i got on a forward possibly. BY MR. FINALDI: Well, if she intentionally sent it to you, 88 22 (Pages 85 to 88) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com -- Doe v. Redlands USD 14would that be something you considered In bad judgment? MR. CHEUNG: lncompiete hypothetical, lacks foundation. THE WITNESS: Yes. lwould. She's a counselor, I think it was sent in bad judgment. It was In bad judgment. MR. FINALDI: How many minutes? THE VIDEOGRAPHER: We have four minutes. BY MR. FINALDI: All right. Did you ever hear about any other teachers at Citrus Valley High School being accused of engaging in sexual acts with kids? A Since that? Since or before that? A Just like in random? Yes. A have heard of the licking the home plate incident. but i don't think there was anything. i have been told about the Megan Kelly. but only that that was Wes Cullen's ex?wife. Another teacher having lunch with a student. and that was construed as something that made her leave the district. Okay. Let's take a quick break. She's got to change the videotape. THE VIDEOGRAPHER: Here marks the end of Videotape the video deposition The time is 2:56 pm. We are off the record. (Short recess was taken.) THE VIDEOGRAPHER: Here marks the beginning of Videotape 2 in the video deposition of -. The time is 2:59 pm. We are back on the record. BY MR. FINALDI: Who is the teacher that you heard was fi red for having lunch with a student? A I don't know that she was ?red. but I know that she left Citrus. She was an English teacher. Was it Miss Lucero?? A Yes. Breanne Lucero. right? A Yes. 0 All ri ht. Who was the student she was having lunch with? A i don't remember his name. 0 Was no" A Yes. it was. The licking home plate incident, what is that? A Oh, that was it was an initiation for softbail girls. If you were -- something from what I have heard, it you were a freshman or something. they made you lick home plate. make it your own15:wasn't they found it to be -- it wasn't anything that harmed the student. and someone videotaped it. and it went everywhere. What school year was this? A This past year. i believe. 0 Do you know who the softball coach was? A Tenosso rings a hell. I'm not positive. i don't have kids that play sports. Okay. Getting back to your suspicions that ?was being sexually abused by Miss Whitehurst. did you have any concern about protecting him from potential abuse? A Did I have concern about -- that I should protect him from sexual abuse? By telling someone so they could initiate an Investigation? A No. And to be honest with you, ididn't perceive him as a minor. Now that i look at it. he is a minor -- or that he was. He seemed like a student aware of you know, he was smart. I know he is a smart kid. I didn't view it that he was being sexually abused. I didn't, like in my mindI think this student is possibly being sexually abused, and I should be reporting it, and was hearing what the kids were coming home you know, what my daughter was telling me. I'm not going make accusations. But regardless of whether it was sexual abuse or not. you still considered it inappropriate at the time for a teacher to be involved sexually with a student. correct? A I would say it was Is one of the reasons why you didn't tell anyone at school, because you didn?t want to affect your daughter's grades and her future at the school? A I'm sure that there are things that 1 continue not to like. you -- just It's best that some things you let go, because you don't want something to happen to your kid. 0 You didn't want it to negatively affect your kid? A Correct. I could say all I want -- they are the ones that have to go to school and face the teacher on the admin, and she's very involved in school. (It And even sitting here today in this deposition, do you still have a small concern about somehow this negatively affecting your son. because your son is still a student at the district? A No, he has actually been treated very well. As a freshman, he was the only student allowed to start taking AP classes. 92 23 (Pages 89 to 92) Jilio-Ryan Court Reporters ph. 714.424.9902 Doe v. Redlands USD 15got better treatment than most kids? MR. CHEUNG: Calls for speculation. THE WITNESS: No. They pick one student from each high school, and -has never had anything but A plus. This year was the first time ever getting an A as a freshman, and he was recommended to take the class by the teacher. BY MR. FINALDI: Did your son talk about Mr. Whitehurst saying anything about he's is going to be a grandfather or excited that his daughter was pregnant or anything like that in class? A My son said the only time Mr. Whitehurst ever said anything was if he was going to be gone, would be cut, away from the classroom. I usually don't have to do this, but I have some things to deal with with my family." Otherwise, no. 0 But he never said the details? A Never had details. (It Have you heard anything about well, do you know Mr. Whitehurst used to be principal at the high school? A I do know that Mr. Whitehurst used to be a principal. Cl Do you know the reason why he's no longer principal? A No. And I don't know if I want to know. Why isn't he a principal? Have you heard that he was demoted from being a principal for something having to with pay a play? A Oh, yes, I know about that. You heard about that? A But sports to me have nothing to do with school. Even thought everybody else has a perception that sports is so important. I don?t think so. 0 Who did you hear this from? A Probably my daughter. All right. MR. FINALDI: I don't have anything else. MR. CHEUNG: Couple questions. FURTHER EXAMINATION BY MR. CHEUNG: Where did you say your son goes to school? A Citrus Valley High School. 0 I think you just told us that your main concern about your daughter's high schoot career, if you had gone to administration or law enforcement about this rumored pregnancy between Miss Whitehurst and"; is that something you said you were concerned about believe he asked me if I was concerned, but I don't if I went to the police -- I Went to the police after I heard that it was a for-sure thing, that it happened. so if anything that I had. they needed, they could have. Do you know what I mean? But my son has totally not been affected by anything and excels in the district. 0 Butl think what Mr. Finaldi had asked you was when you had this belief or suspicion that Miss Whitehurst may be carrying ?baby, that you never took that to administration or the police because you were concerned about ?nigh school career and how making such an accusation would impact that. MR. FINALDI: Asked and answered. THE WITNESS: No. i didn't go to the school and say anything, because lwas being -- I would be accusing someone, and I had no evidencehunch. It was from hearing my daughter talk. It was from just thinking. I didn't have anything to go to the school with. BY MR. CHEUNG: What I'm asking, if Mr. Finaldi was getting to a possible motivation why you may not have taken that information to school administration or the police earlier -- and correct me if I'm wrong -- but I thought heard one motivating factor of you not taking this information to the school or police sooner was because you were concerned about how that might impact your daughter's high school career. A No. No. 0 All right. So, that's a misstatement? A That's a misstatement. I didn?t go to the police or go to the school I didn't have any evidence. I didn't go because I thought they would retaliate any other children that I bring up in the district. Okay. A Is that what you mean? Again, I don't want to put words in your mouth. My impression was that you expressed some kind of motivation not to go to the school or police earlier because of the concern, for lack of a better word of retaliation against?. Is that inaccurate? A No, that's inaccurate. I don't think they retaliated against her. It doesn't keep me from going to them. Ididn't go to them because I didn't have evidence. i didn't have -- have what she had told me. MR. FINALDI: No evidence. MR. CHEUNG: No further questions. MR. FINALDI: So you are going we'll send you a 96 24 (Pages 93 to 96) Jilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Doe v. Redlands USD 15copy of the transcript. You will have a chance to review It, sign it under penalty of perjury; you can make any changes you deem necessary thereto. If you do make a change. we can comment upon It at the time of trial, and it may be seen as negatively affecting your credibility. Does take make sense? THE WITNESS: Yes. MR. FINALDI: Okay. And lwould offer to stipulate to relieve the court reporter of her legal duties under the Code. She will prepare the transcript, and I'll have it sent to my office, and I will see to it that Ms. Burton gets the copy of the transcript the original, has a chance to review it -- is 30 days enough time for you to review it and get it back to me in a self?addressed. stamped envelope? THE WITNESS: Oh, that's fine, yes. MR. FINALDI: And we will get a copy of any changes that have been made as well as the signature page to Mr. Cheung's of?ce within 45 days receipt of them. If the original is lost, misplaced. stolen or otherwise unavailable. a certified copy can be used in lieu thereof for any and all purposes. including trial. MR. CHEUNG: And you will make the original available upon reasonable notice for use for any and all purposes, including trial. 97 15:09 15:09 15:the copy? videotaped deposition of n- The time iS 3:09 pm. We are off the record. MR. FINALDI: That's ?ne. Original deposition or MR. CHEUNG: The original deposition transcript. MR. FINALDI: So stipulated. THE REPORTER: Do you need a copy. Counsel? MR. CHEUNG: Yes. please. THE VIDEOGRAPHER: Here marks the end of the THE REPORTER: Thank you very much. (Deposition concluded at 3:09 pm.) 98 25 (Pages 97 to 98) Jilio?Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Investigation File Typed statement by student Handwritten statement by student Email from S?Whitehurst School Data Printouts M: $41,4ng ii I "l 7 February 24, 2013 Throughout this year so far, there have been multiple incidents in Mrs. Lucero?s ?fth period that I feel have been inappropriate. Most of these incidents concern three individuals? and- Although i cannot recall all of the incidents, I can remember a few. The student she has the most contact with is_ our fifth period T.A. have heard that they have each other's phone numbers, and it is a rumor that she visited him at his house sometime around the last day of the 2012 school year. Mrs. Lucero also makes joking threats to hit? saying his mother wouldn't mind. I have also witnessed her hold face and touch her forehead to his for about five seconds, which was awkward to see. Also, when the class goes to the library, computer lab, etc., ?stays in her classroom by himself. She also frequently allows him to play explicit music by letting him hook up his iPhone to the auxiliary input to the speakers. Most of his music contains sexually explicit content, as well as curse words. On most occasions, she allows him to play it, although she does eventually make him turn it off after playing the music for a few minutes. Mrs. Lucero let two people transfer into our class halfway through ?rst semester. One of these people was a teammate and friend of There were numerous occasions when -wouid say or do something and Mrs. Lucero would respond with, you?re eighteen and i can do whatever I want to you." On one occasion, ?was sitting in the chair behind her desk, and Mrs. Lucero had her back facing him. .was joking around about slapping her on her bottom, and after other students saw what he was pretending to do, he actually did it. She turned around and said something along the lines of, -. you better watch out because you're eighteen and i can do whateverl want to you.? Other than saying that, Mrs. tuoero did not say or do anything else about the incident and we continued with class. When we read stories out of the text books, Mrs. Lucero will ask for someone to volunteer to summarize when we read. On at least two occasions that I can recall, Mrs. Lucero let explain. instead of actually summarizing, he created a summary that was sexually explicit. For example, we read "Gearances by Seamus Heaney, which is a sonnet about his mother. Heaney talks of damp sheets and instead of summarizing the actual meaning-talked about how the sheets were wet from sexual intercourse. During his summary, Mrs. Lucero yet again did nothing to stop the inappropriate explanation. She blushed, laughed, and let him continue. This was not the only time that she 1) allowed -to present an inappropriate summary and 2) did nothing to stop him. Also, Mrs. Lucero frequently lets skip class and instead go to Mrs. Whitehorst?s class. De}. Dcwxukmlizk (Deva! ecumxs, A (.1157; $301312. K?b \k -t?c mt: Cs. \1'w3 Lx?nmd?: titan. \mi?x?axxw'igt owe. ?5 r-?me- "We? kv??w? \kN?aL was a. 55%: fight-L546: . Cube (upmul; 5h?: Coma Amm . wa?ks biz-Ems; MilwaL-uW-Hg We?; ??95 I "?33115: .2 . i3. tut Wk?? km? ?Ht/'mj {75" yum; Con?dential Repart Date: May 16, 2013 From: Karen Alexander WW Re: Laura White hurst Peg One On Monday, May 13, during 5'h period, two students opened the door of classroom to say hello. They are the daughters of a man who, while waiting to pick them up from school, went into cardiac arrest and died in the school parking lot. One of the students is in my period class. She had not attended classes that day, but she was making the rounds to see and be comforted by her teachers. I stepped into the hallway to comfort the girls. While we were talking, the door to Laura Whitehorst?s classroom opened as if someone were about to exit, but then the door closed again. A few minutes later the door opened and a senior, exited her room, visibly upset and crying, wiping his faoe. The sisters also observed the fact that he was upset, and they shrugged their shoulders as he left the building. Laura ismLink Crew teacher, so she and her sister wanted to speak to her. i told them to go on in, because it was Laura's planning period. iwaiked to her door to open it for them, and the door was locked. One of the girls knocked loudly on the door, and Laura opened the door, tentatively, appearing uncomfortable, awkward, and upset. This seemed strange, because i would have expected her to envelop on, whom she had not seen since the death of her father just three days earlier. returned to my classroom. Part Two The following prior observations give some context to the one above and are presented without evidence of any kind. I often saw and Laura Whitehorst togetherher classroom many times throughout the day, from the last weeks of the previous school year to the ?rst weeks of this school year (August/September 2012). "is a Link Crew leader, so in some ways, it is natural that he would have regular contact with Laura. But, they seemed to share an unusual closeness. He was vocal about his admiration of Laura, much like a boy with a mad crush. Laura was also rather giddy during those weeks. I was uncomfortable about what i saw, but there was nothing concrete to report. In mid-toolate September, something changed- was no longer seen around our hallway. Around campus, he was not his usual self. i-iis typical energy and enthusiasm were gone, and he grew serious and remote. At the same time, Laura withdrew from her closest friends and colleagues. We were concerned about her. Soon, she told those of us she is closest to that she is pregnant. We were shocked for many reasons, but we rallied around her and offered her our support. in the course of our conversations with her, we inquired about the father. None of us had any knowledge that she was even dating someone, and she was completely, utterly closed about divulging any details of her situation, except to say that the father would not ever be involved in the child?s life. She said this without emotion. Acoording to Rebecca Strode, even Sarah Seevers, her closest friend, did not have any knowledge of a relationship that might lead to pregnancy, and Laura did not share any information with . her. 5 It seems like the change inupemonality and Laura's sullen countenance happened simulta neously, and this sparked suspicion in me. But I told no one of my concern. Apart from me. Rebecca Strode and Sarah Seeyers were cautiously confirming each others' suspicions. and their fears just recently found a voice. Rebecca came to me with their suspicions, and we decided that this is too sensitive to even discuss without the potential for devastation. especially if these suspicions are unfounded. it became a silent burden. Ba resent: When I saw what i saw on Monday. I contemplated my obligation. i can think of nothing worse than falsely accusing someone of something that has the potential of such far-reaching consequences. 1 love Laura and have planned to be there for her to counsel and support her as she raises this little girl. Yet, i also understand my obligation as a mandated reporter to communicate my suspicions. So i took this information to Bernie and Curtis. I met today, Thursday May 30, 2013 with Luthor Parks, [Long term English Sub at CVHS) at approximately 10am. I shared with him that was concerned about one of his students,? as I had noticed a decline in his attendance, grades, attitude and school participation over the last several months. texpiained to Luthor that this decline has been observed by students and staff who also brought concerns to me. I asked Luther if he had noticed any of the same things in his ciass from Luthor shared with me that he too had seen the decline I was referring to, in? as well. He said he didn?t really knew the cause either until about a month ago. Laura came to Luther's class and asked him if she could talk with for a few minutes. About hathay through the class period he recognized was still not back and so he checked with Laura. l.was still with her. _has Luthor period which is also Laura's planning period.) Later on Luthor asked Laura if everything was okay with -At this time Laura shared with Luther that she was a ?con?dant" for_iand that-had shared with her that his girlfriend was pregnant and he was having a tough time keeping it all together with a baby on the way, school, getting ready for college, AP tests, graduation etc. Laura asked that Luthor keep this con?dential. I then asked Luther if Laura had shared with him when .girlfriend was due and he said he thought it was about the same time as Laura. I asked Luthor if there was anything else he could think of that could help me help- He did not have anything to add.