HE SAID, SHE SAID

This is a big case.
And I’m going to give the plaintiffs
an opportunity to put on their proof.

---Judge James Ishmael

Court documents reveal the strategies and legal theories that will take center stage in Petrilli v Silberman this week and next. In two installments, HE SAID, and SHE SAID, Kentucky School News & Commentary will outline each side’s arguments in upcoming posts.

In a June 23rd pretrial hearing in Judge James Ishmael’s Fayette County Circuit Courtroom plaintiff’s attorneys J Dale Golden and Melissa Thompson along with school board attorney John McNeill argued the conduct of the case and what kinds of information the court would allow, and what would not be allowed. In addition, Fayette County Schools Superintendent Stu Silberman was relieved of personal exposure on the discrimination and whistleblower charges in his individual capacity, while he remains on trial in his official capacity.During the hearing, Judge Ishmael focused the attorneys on the "magic date" of August 22, 2007.

This is the date that former Booker T Washington Academy principal Peggy Petrilli either quit or was forced out.

Following Petrilli’s departure as principal, Board Attorney Brenda Allen conducted a 9-month investigation. But the investigation was conducted after the fact. Is the information Allen collected germane to the case?

Previously, District Civil Rights Compliance Officer Barbara Conner had investigated complaints, as well, but those issues did not appear to result in any disciplinary action against Petrilli and were considered by her to be resolved.

Petrilli’s attorneys moved to have it stricken.

What information will Ishmael allow the jury to hear?

Ishmael: The Allen investigation...was conducted fall/winter 07-08. I did feel like, under the circumstances, whatever happened...regarding Ms Petrilli and her position with the board...whatever the investigation showed [after August 22, 2007]...was not part of our proceedings because whatever happened had happened. The investigation wasn't going to change that...

These alleged “bad acts” that were covered by [Barbara] Conner...in 2007 or maybe even before that - that, to me, is a little bit different because it goes into the background and the circumstances culminating, perhaps, in...the meeting with Superintendent Silberman; first with the parents, and so on, and next with Ms Petrilli... To me, before that magic date in August, and after that magic date in August are different...

I know [Petrilli's] argument is that whatever Conner's investigation was, it was basically concluded... [and] addressed...before our magic August time. And I understand that argument. I guess that I'm a little concerned that if we're trying this ...on several theories...how else are we going to put it in context of the reason the board and the superintendent were having these discussions with Ms Petrilli, other than to say that parents had come with their list of grievances?

Golden: 9 months later they came out with [the Allen report]. That report should be off limits...because we couldn't discover that.

Thompson: In fact... even mention of that post-August 2007 testimony by anyone should be wholly off limits because...that would be unduly prejudicial against her.

Ishmael: Well, I've seen some of the correspondence ... and it seemed to me a pretty plausible argument that ... [after] the Superintendent said something about an investigation ... Ms Petrilli said, 'Yeah, I welcome that investigation.' So the fact of an investigation was at the instance of both parties.

McNeill: There were attachments to the report that dealt with matters prior to the time...those things...those specific events...are specifically relevant.

Ishmael: I don't think that what Ms Allen wrote in her report, or concluded...has anything to do with our case.

Thompson: There is a ... 3 page document that was the parent's list of complaints. Those were the complaints that were taken to Stu Silberman and [Director] Carmen Coleman...that initiated the [Allen] investigation...that was not done until ...months later. All of the material stemming from Barbara Conner's [2006] investigation pre-dates that and...[has] nothing to do with the fact that [this] unknown group of parents took a... complaint ...to the [superintendent]. So anything that Barbara
Conner investigated was complete and... resolved and has no bearing, particularly in light of the fact that...Ms Petrilli's supervisors... Bob McLaughlin, Lisa Stone and Carmen Coleman, never put any of this information...in their statutorily mandated evaluation of Ms Petrilli.

McNeill: The evidence is...that even after Petrilli tells Ms Conners...I've taken care of this; the documents show...the same problems that those parents had, continued; from...her inception there at that school and continued on. So it is relevant...

Ishmael: I am going to overrule the plaintiff’s motion to exclude… prior circumstances involving Ms Petrilli, concerns raised by parents, investigations raised by Ms Conner, I think all of these are probative and relevant to the issues here. With this caveat…no new information or charges against Ms Petrilli that arose after August 22nd of 07. We’re not going to get into what Ms Allen said, did, recommended, concluded, or any of that.

[The fact that there was an investigation] may very well come out during the negotiations … between the superintendent and Ms Allen, on one hand, and Ms Petrilli and [her former attorney] Mr Walther on another, and it may come out in some of the emails and letters I’ve seen, or writing on the letters, that one side suggested an investigation and the other side agreed with it, or acquiesced in it, or also requested it. It may come out …that an investigation was conducted, if that comes out during the course of explaining the circumstances in the immediate time period of the separation, I will permit the fact…that the investigation was conducted, but nothing about the details…except as to before the August 22nd date.

Plaintiff’s Subpoenas Served:
Superintendent Stu Silberman
Director Carmen Coleman, now Supt in Danville
BTWA parent Alva Clark
BTWA parent Buddy Clark
BTWA parent Jessica Berry
District administrator Barbara Connor
Former Director Bob McLaughlin
Former BTWA principal, current Interim Director Jock Gum
Former BTWA teacher Alice Weinberg
District administrator Vince Mattox
District administrator Gary Wiseman
Former District Director Fabio Zuluaga, now Assist Supt Fairfax Co VA.
Former FCPS Board Attorney Brenda Allen
Cheryl Jones
Former BTW Counselor Doug Adams
BTWA Prof Staff Asst Margaret Gay
Former Director Lisa Stone
Dr Linda Brown Wright
Dora Hudson
Former BTWA teacher Leigh McCauley
Former Herald-Leader reporter Brandon Ortiz