Testimony and closing arguments in the case of former Booker T Washington Academy Principal Peggy Petrilli against Superintendent Stu Silberman and the Fayette County Board of Education concluded around 12:50 this afternoon. It's all in the hands of the jury now.
John McNeill for the defense held his closing remarks close to the jury instructions focusing on the one central question in the case.
Do you believe from the evidence that the Plaintiff, Peggy Petrilli, voluntarilyIf the jury answers this sole question "Yes," the case is over and Stu Silberman and the board prevail. The longer it takes to reach a verdict - the greater the chances that Peggy Petrilli has prevailed.
resigned form her position as Principal of Booker T Washington Academy on August
27, 2007?
If the jury does not believe Petrilli's resignation to have been voluntary they will proceed to the attendant issues of racial discrimination, retaliation and the whistleblower claim.
On racial discrimination the evidence must show:
- Petrilli was a member of a protected class
- she was subject to an adverse employment action
- and was replaced by Silberman by an African American person as Principal at BTWA
On Retaliation the evidence must show:
- She complained about racial issues committed by agents, representatives or employees of the board
- The defendants knew of her complaint
- She was subjected to adverse employment action
- and there was a causal connection between the complaint and the action
Under the Whistleblower statute the evidence must show:
- she reported information regarding actual or suspected violations of law or policy to the board through its agents and
- the board caused her to be subjected to reprisal, or directly or indirectly used its official authority, or influence against her as a direct result of the report.
On damages:
If the jury finds any of these to have been violated it may fairly and reasonably compensate her for mental pain and suffering, lost wages and permanent impairment of her ability to earn money in the future.
McNeill has maintained that it was Petrilli who resigned voluntarily after becoming upset when Silberman informed her of a meeting he had with Booker T parents and community members and shared their 2 1/2 page list of of complaints. He said that Silberman still wanted to defend Petrilli and even offered her the post back at Northern Elementary where she had seen great success, but that it was Petrilli who rejected the offer in favor of looking into retirement.
In his close, Dale Golden followed a much different course weaving a tale of circumstances that he said show the coordinated mistreatment of Petrilli at the behest of BTWA parents Jessica Berry and Alva and Buddy Clark in return for their not pursuing an OEA complaint, picketing the school, or unwanted media attention. Golden argued, "You can see how Peggy's been treated...how she's been demonized. Don't let them get away with it."
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