Freshwater: Movement toward a settlement?

| 51 Comments

Recall that John Freshwater brought a federal suit against a slew of defendants ranging from the Dennis family through various and sundry school officials to 16 unnamed John and Jane Does. There’s a hint that settlement talks are underway, the hint coming in the form of a request for a gag order signed by attorneys for all the parties to the suit (except the John and Jane Does, who presumably don’t know they’re parties to the suit). The relevant docs are here on NCSE’s site.

In other news, R. Kelly Hamilton, Freshwater’s attorney in the administrative hearing and in the federal suit mentioned above (but not the federal suit against Freshwater), has filed a request for reconsideration of the sanctions imposed on him by the federal judge for failing to comply with an order to compel that dealt with shortcomings in Hamilton’s and Freshwater’s response to discovery requests. The documents are here. The request for reconsideration includes pictures of the split pipe that drowned his laptop computer (Attachment 1) and a picture of the nail (Attachment 6) that Hamilton claims flattened his tire(s) so he couldn’t make it to a hearing in the federal court on the original motion for sanctions. (There’s no picture of the dog that ate his homework.)

There’s one priceless line in Hamilton’s affidavit attached to the request:

Affiant [Hamilton] states as it relates to any of John Freshwater’s testimony that John Freshwater can only testify to what he knows or remembers. Affiant attests that communicating with John Freshwater can be challenging or even frustrating and a questioner must ask John Freshwater very precise questions and give John Freshwater time to think about his answer. (Attachment 7, pages 3-4)

Client, meet bus.

51 Comments

The school board should offer this as evidence at the admin hearing. ,Affiant [Hamilton] states as it relates to any of John Freshwater’s testimony that John Freshwater can only testify to what he knows or remembers. Affiant attests that communicating with John Freshwater can be challenging or even frustrating and a questioner must ask John Freshwater very precise questions and give John Freshwater time to think about his answer

Difficulties in communication would seem to be fatal for a teacher.

“The request for reconsideration includes pictures of the split pipe that drowned his laptop computer (Attachment 1) “

What no plumbing repair bills or insurance claims? Also, that’s a pretty busy nail to flatten two tires on the same day! Although I suppose he’s claiming the second one was his spare. Sigh… He doesn’t seem to be prepared for when things don’t go his way. And Hamilton doesn’t paint a pretty picture of his client’s reasoning skills. However it seems Hamilton was waist deep in this murky thinking, and leading the way at that.

Actually, among the attachments to the request is an affidavit from his plumber and various receipts regarding the tire repairs. I haven’t read all 7 attachments (I do have a life here somewhere), so there may be more.

I believe in the Federal court system the court orders you to meet for settlement talks. They even have a “settlement” week. So it should be no surprise that they are going to discuss settlement. I read the plumbers affidavit. No where does it say that he witnessed a damaged computer. Or did I miss this?

In one of the documents Hamilton says he took it to his local computer shop and the guy there couldn’t fix it. No mention of specialized data recover firms IIRC.

Joe McFaul said:

The school board should offer this as evidence at the admin hearing. ,Affiant [Hamilton] states as it relates to any of John Freshwater’s testimony that John Freshwater can only testify to what he knows or remembers. Affiant attests that communicating with John Freshwater can be challenging or even frustrating and a questioner must ask John Freshwater very precise questions and give John Freshwater time to think about his answer

Difficulties in communication would seem to be fatal for a teacher.

But, Hamilton is only saying Freshwater doesn’t answer questions well. I’m sure if we all just sit down and shut up he’ll communicate just fine. And that’s all you need to learn by rote anyways. Right?

The date on the Home Depot receipts say January 2009. That doesn’t make any sense. The Federal Case was filed in June 2009 if I’m not mistaken.

There’s one priceless line in Hamilton’s affidavit attached to the request…Client, meet bus.

Legally disgusting. Hamilton’s looking more and more like a con man. Freshwater deserves to be fired but the (in)competence of his legal counsel almost makes me feel sorry for him. This guy is going to lose the case, take Freshwater’s house, and blame the result on the system. And Freshwater’s going to believe him merely because Hamilton professes the same faith.

RBH said:

In one of the documents Hamilton says he took it to his local computer shop and the guy there couldn’t fix it. No mention of specialized data recover firms IIRC.

And no billing records, or work order. Just Hamilton’s say so.

RBH said:

Actually, among the attachments to the request is an affidavit from his plumber and various receipts regarding the tire repairs. I haven’t read all 7 attachments (I do have a life here somewhere), so there may be more.

And again no billing records. Does any one keep billing records in Ohio, or do computer techs and plumbers work on retainer there? The affidavit states that the plumber has worked with Hamilton extensively: does that shock anyone? And BTW most of those documents are photos of receipts and nails, only 1 & 7 are affidavits. Also I was wrong, Hamilton is claim two flats to his regular tires: one due to the nail the other due to a “Beed Leak” that can occure after striking a pot hole. The dude is unlucky.

At this point the only thing Hamilton is pointing to that documents his preperation of Freshwater’s affidavits, is a 10,000.00 payment made on Nv 12 & 13 2008. That would be a month after the hearings started and 7 months after the affidavits were to be prepared. He sure was nice in give Freshwater that much time to pony up.

David said:

The date on the Home Depot receipts say January 2009. That doesn’t make any sense. The Federal Case was filed in June 2009 if I’m not mistaken.

The date doesn’t matter beyond the fact that it occures between the time Hamilton billed (supposedly) for the affidavits and the time the court required him to hand them over. The fact that the receipts push the document loss so far back is seen as a bonus by Hamilton I’m sure.

A relative teaches science at a community college. No wonder she complains the students arrive at college unprepared for science courses. Can’t we figure out a way to get better science teachers into high school? (and better textbooks, and I’m sure there are some good science teachers, don’t mean to put all in Freshwater’s category.)

What would a settlement mean? Surely Freshwater can’t have done anything that would motivate a settlement in his favor.

I don’t want to express sympathy for either of those shmucks, but I was once in a car that got 2 flat tires at the same time. The road was wet and snowy, and the driver hit an invisible pothole at a relatively high speed. He damaged both rims on the right side of the car, the tires immediately went flat, and we had to abandon the car. Such an event is so unlikely that I can only attribute it to design.

Juicyheart said: The date doesn’t matter beyond the fact that it occures between the time Hamilton billed (supposedly) for the affidavits and the time the court required him to hand them over. The fact that the receipts push the document loss so far back is seen as a bonus by Hamilton I’m sure.

But shouldn’t he at least have some billing records from the time after the laptop was damaged? Are we supposed to assume he just stopped keeping records altogether after his laptop was broken? He has had months to get his billing system in order again. How will he file his taxes?

Does Hamilton expect that he can just say, “Oh no! My laptop is fried! I lost my records!” and the judge will reply, “Well, I guess that means you can’t be expected to keep any records of anything ever again. We can’t continue this trial without them, so we’ll all just have to go bowling now.”

Is it kosher for the same judge to be hearing BOTH of Freshwater’s federal cases? One in which he is the Plaintiff and the other, he is the defendant.

I just caught that while I was reading through the F v. Board docs.

The more of these documents I read, the more I’m convinced that while Freshwater does not belong in a public school classroom, he got a REALLY crappy attorney in R. Kelley.

Wonder if Hamilton will agree to a reasonable rate of rent for Freshwater to continue to live in his own home?

harold said:

What would a settlement mean? Surely Freshwater can’t have done anything that would motivate a settlement in his favor.

Maybe since he’s lost his Bible, he’s found morality? Now he’s taking responsibility for his actions and accusations, apologizing and helping to mend the rift in his community he helped make. Sorta like Scrooge in a X-mas Carol.

Naw. I don’t think so either.

harold said:

What would a settlement mean? Surely Freshwater can’t have done anything that would motivate a settlement in his favor.

If I had to guess, the two real attorneys he’s been assigned from the insurance company want to get rid of this tar baby as quickly as possible At the same time minimizing the amount that gets stuck to them.

MememicBottleneck said:

… the two real attorneys he’s been assigned from the insurance company want to get rid of this tar baby

I’ve acquired the habit of calling said a “sticky baby”.

Use of the original form can lead to, uh … “difficulties”.

I’m still trying to figure out what kind of idiot would keep all his business records on a single laptop with no backups. Is he living in 1983? And when he threw the laptop out, was he aware that the hard drive could contain personal data that someone could recover?

Ryan Cunningham said:

Juicyheart said: The date doesn’t matter beyond the fact that it occures between the time Hamilton billed (supposedly) for the affidavits and the time the court required him to hand them over. The fact that the receipts push the document loss so far back is seen as a bonus by Hamilton I’m sure.

But shouldn’t he at least have some billing records from the time after the laptop was damaged? Are we supposed to assume he just stopped keeping records altogether after his laptop was broken? He has had months to get his billing system in order again. How will he file his taxes?

Does Hamilton expect that he can just say, “Oh no! My laptop is fried! I lost my records!” and the judge will reply, “Well, I guess that means you can’t be expected to keep any records of anything ever again. We can’t continue this trial without them, so we’ll all just have to go bowling now.”

The reason they’re requesting the billing records is to establish that the affidavits weren’t drawn prior to the decision to fire Freshwater. Hamilton is saying that he can’t produce billing records that were authored in that time frame because his computer was dunked. Weather or not he can recreate those record for that time priod is irrelevant. I’m sure he can produce billing records authored after Feb 2008 that show he worked on affidavits for Freshwater while HR On Calll was conducting its investigation. No problem. All expenses and income accounted for.

Quite frankly, he could have lost a laptop in a flooding incident at his home in January, 2009. I think the likelyhood ,that he can’t produce the billing records because of that, is as likely, as a person who produces a puplic rally, because he is asked to remove his bible from his desk, would sit on 57 affidavits, he paid $9975.00 for, until asked by HR On Call and it’s his JOB on the line. Yeah, right.

That guy is so boned. He should definitely sue his lawyer, and that charlatan that decided to make it an evangelical cause.

John_S said:

I’m still trying to figure out what kind of idiot would keep all his business records on a single laptop with no backups. Is he living in 1983? And when he threw the laptop out, was he aware that the hard drive could contain personal data that someone could recover?

According to Hamilton a profesional told him his computer was FUBARed. Weather or no the professional examined the hard drive, to see if it’s info was retrievable or not, is unclear. Since no work order was submitted by Hamilton, I don’t think anybody spend a lot of time trying to retrieve that info. Strange for a lawery who has the only copy of hs billing records on that drive. I mean where’s the basic “You’re leaving your FUBAR’d computer with me, and any FUBAR’dness this computer displays after i give it back to you, IS NOT MY FAULT!!!” disclaimer? He seems to have gone to a computer doctor and asked the doc if there was any hope for his laptop. When the doc said “No.’ He said “Fine” and went of to Best Buy to get a new laptop. There doesn’t seem to be any indication that he had any concern about retrieving the info off his computer. Nothing important there, only billing records and other trivialities. If it were me, I’d be “YOU FRAKKING GET THAT INFO AND I”LL PAY YOU FRAKKING WELL!!! BUT YOU GET THAT INFO!!!!” Or at least, “I’ll leave it with you and please try to get the info off.” I can’t believe that anyone tried to get that info with Hamilton hovering about, and not charge him, or kept the computer without a release. Oh yeah you’re question. He’s, self admittedly, the type of person who would keep only one copy of important documents, and not realize the info on his FUBAR’d computer might b retrievable. Or at least he was then.

I’m sure he can produce billing records authored after Feb 2008 that show he worked on affidavits for Freshwater while HR On Calll was conducting its investigation.

I meant “2009”. And thats not my only typo, I’m sure.

Ok, is this April Fools! Does Hamilton expect Judge Frost to believe that Hamilton’s plumber would actually kept the pipe that “allegedly” destroyed his computer for almost 17 months just in case “down the road” a Federal Judge sometime in the future would require Hamilton to show his billing records that were “allegedly” destroyed by “said pipe bursting”.

Oh, I don’t want to be Hamilton when Judge Frost erupts over this one!

Okay, I’m just going through these quickly and jotting down my thoughts but what lawyer can go without a laptop computer for 16 days, especially when that’s “allegedly” where he keeps billing records. Did he not have a job during those 16 days?

Oh, I don’t want to be Hamilton when Judge Frost erupts over this one, either!

Did I miss something? I don’t remember seeing anything from AAA which would indicate they actually did a pick up and tow. I also find it interesting that the car was dropped off at Walmart at 9:46 but not finished until 11:44. Okay, maybe I’m just suspicious but that seems more like a time frame of someone who had dropped off the car and and actually scheduled to pick it up later.

I don’t see where it shows that there was a nail taken from any tire, only that the repairs were for Beed leak.

I know, I know.….maybe I’m jumping to conclusions but once the “black bag” appeared out of no where and considering the circumstances of that fiasco, my mind just seems to go there.

Oh, well, that’s enough excitement for tonight!

Matt Young said:

I don’t want to express sympathy for either of those shmucks, but I was once in a car that got 2 flat tires at the same time.

Dito Matt. I have had two tires lose pressure from nails at the same time. I have even had two tires go flat from cactus spines. But that was in Baja California, and we always carried two, or three spares for each truck.

What I don’t understand is why Hamilton could not find a rental car, a bus, or a taxi. Is Ohio peculiarly lacking in public transportation? If I had to get my ass to a courtroom, I would find a way.

Thanks again to RBH for his yoeman efforts. I really think that he and Lebo should team-up for a book. This is weirder than Dover.

Joe McFaul, Howdy. We never have had that beer at Dana Point Harbor.

RBH, watching this is all beer and skittles. But what do you envisage as a final outcome as you seem best placed to speculate. Freshwater terminated, sure. However, the federal case can impose what? A jail term? Doudtful. Monetary punishment? He’s poor, like Jesus. Asside from termination, and the psychological damage (which i nastilly hope, but doubt, will be great), this wingnut will walk away with god, the UD commentators will ignore it, Bill O’Reilly will be oblivious, and the same state of ignorance will persist; No?

I just want a happier i.e. fry him and his lawyers nuts, ending! Possible?

robert van bakel said:

RBH, watching this is all beer and skittles. But what do you envisage as a final outcome as you seem best placed to speculate.

Beer and skittles? Where? Where?

I frankly have no clear idea (or even an unclear idea) how this will come out in the end in any kind of specific terms. I’ve been doing some thinking, trying to organize a sort of summary post to go up after the last hearing day, June 22, and I’m having a hard time sorting through the various narratives that are running through the testimony and evidence. So at this stage of the game anything I might say would be pure speculation. Maybe after I’ve done some writing and rewriting it’ll be clearer to me.

Despite juicebear’s explanation I still don’t understand the importance of the billing records. What is the relevance to the case of the date of preparation of the affidavits?

As for the pipe burst, how unfortunate that Hamilton’s unbacked-up hard disc was slap bang underneath the leak. In the kitchen of all places. Why is Jebus making things so difficult for Freshwater?

Last summer I accidentally dropped this MacBook Pro in the sea. It’s still working. But then there are no case-critical notes or records on it so it’s not surprising.

Samphire said:

Despite juicebear’s explanation I still don’t understand the importance of the billing records. What is the relevance to the case of the date of preparation of the affidavits?

Freshwater claimed in testimony that they were prepared and sworn early in the process as material for Freshwater to give the independent investigators at a second interview he was supposed to have with them in late spring 2008. There’s some suspicion that they were actually prepared later, maybe considerably later, as stage dressing for the hearing. So the billing records that Hamilton claims were destroyed in January 2009 would have settled whether they were actually prepared when Freshwater (and, by implication Hamilton) claims they were. Hence the interest in those records.

Samphire said:

Despite juicebear’s explanation I still don’t understand the importance of the billing records. What is the relevance to the case of the date of preparation of the affidavits?

As for the pipe burst, how unfortunate that Hamilton’s unbacked-up hard disc was slap bang underneath the leak. In the kitchen of all places. Why is Jebus making things so difficult for Freshwater?

Last summer I accidentally dropped this MacBook Pro in the sea. It’s still working. But then there are no case-critical notes or records on it so it’s not surprising.

it goes to Freshwater’s credibility and the reliability of the affidavits themselves. Freshwater and Hamilton are saying that these affidavits were created before the board decided to fire Freshwater. If you can show they are lieing about when they were authored, you can throw out any thing they have to say. The lie of when they were taken tarnishes anything they say. Since Freshwater and Hamilton atest to writing the affiavits in swone statement, to prove otherwise, would put into question anything they say under oath and expose them to perjury and contempt of court. From what I’m seeing I think they’ll state this on the excuse being plausible enough.

Thanks again Richard for another excellent report. I have a question about the hearing that you may be able to answer. I understand that the referee’s recommendation is not binding and that the board members may vote however they choose. If Paula Barone recuses herself, there will be four members voting. We all know that Steve Thompson will vote with Freshwater’s side as that is why he ran for the board but what if one of the remaining three members also votes for Freshwater to retain his position? I know that this is extremely unlikely as the three other members all voted to fire Freshwater initially and obviously nothing has come out in the hearing to exonerate Freshwater on ANY of the allegations. But if there were to be a tie, what would happen then?

David said:

The date on the Home Depot receipts say January 2009. That doesn’t make any sense. The Federal Case was filed in June 2009 if I’m not mistaken.

The lawsuit filed AGAINST Freshwater was filed in June 2008.

The fitting that froze and burst cost less than $1.50. If the attorney reimbursed the plumber for the entire Home Depot bill, he paid for what appears to be a ten pack of fittings. Add in the pipe, solder, gas and at least one coupling and you have less than $10 in material.

As far as recovering info from the HDD, if he had attempted to at least hook the HDD to another computer to retrieve the info, he would have mentioned that in my opinion. All too convenient. Leaving a laptop for days waiting for the mover is unbelievable. I would bet he carried that laptop at all times. The computer store bill shows a monitor, printer and possibly some type of computer purchased and another $79 item purchased.

In regards to the two partially flat tires, He could of just added air and continued to the court house. Easy to let air out of tires. Walmart did not replace the tire but supposedly removed a nail that looks brand new and added air. I’ve removed a lot of nails from tires and all looked damaged to different degrees. Never in that good of condition.

CMB said:

Thanks again Richard for another excellent report. I have a question about the hearing that you may be able to answer. I understand that the referee’s recommendation is not binding and that the board members may vote however they choose. If Paula Barone recuses herself, there will be four members voting. We all know that Steve Thompson will vote with Freshwater’s side as that is why he ran for the board but what if one of the remaining three members also votes for Freshwater to retain his position? I know that this is extremely unlikely as the three other members all voted to fire Freshwater initially and obviously nothing has come out in the hearing to exonerate Freshwater on ANY of the allegations. But if there were to be a tie, what would happen then?

In standard parliamentary procedure, which AFAIK the Board employs, on a tie vote the motion on the floor fails. However, recall that when Barone and Thompson recused themselves they both used an “at this time” qualifier (see here and here). So neither made their recusals irrevocable, and I can therefore imagine circumstances in which one or both of them might choose to participate in voting on the various issues–hearing recommendation, settlement offers, and so on.

Thanks to RBH & Juicyheart for their replies and my apologies to Juicyheart for the inadvertent name change.

Samphire said:

Thanks to RBH & Juicyheart for their replies and my apologies to Juicyheart for the inadvertent name change.

You’re welcome. Sorry for taking so long to get back, bit I sudden hankering for Gummi Bears though. Hadn’t paid attention to the name change.

And thank you, Richard, for your coverage.

Why would a pipe in an empty property leak when the temperature (according to Ohio weather records) never rose above +0.8 centigrade and then only briefly. Hardly a thaw. Is this a normal thing for Ohio in January - pipes bursting at copper joints and then thawing while the temperature only rises briefly above zero? If so, wouldn’t you leave a bit of background heating on if you were intending to be away for a few days? Pipes in ceiling spaces don’t burst if the room below has even a modest amount of heating.

If I was the judge I would want to see both a copy of the insurance claim and a copy of the plumber’s strangely-unexhibited repair invoice. Wouldn’t Hamilton have wanted such evidence in order to put in a claim for damage to his kitchen units and computer equipment? Or can’t you insure in Ohio against leaks caused by frozen pipes?

It is interesting that Hamilton met his plumber “after church”. Is that intended to imply that as a christian Hamilton must be telling the truth? It clearly isn’t so in Freshwater’s case. Or that the plumber was also a member of the church and therefore must also be telling the truth? Why did Hamilton bother to mention it? Did he just bump into Cormack in the vestry? Why hadn’t he telephoned him or another plumber earlier? After all, this is a leak which had done major damage.

I cannot understand why Hamilton would go down to the shop on a Sunday at a cost to him of $38.91 to buy items which are the sort of standard kit any plumber would have in his bag by the dozen, in this case a 15mm elbow and a straight connector costing 20 cents.

And why the photo of the straight pipe?

Lastly, it is not as though the burst occurred in a cold water pipe. Cormack says that he saw damage caused by hot water. To cause paint damage that must have been pretty hot water. So how come the pipe froze?

I’d better pack and come on over. I’ll need to conduct some pretty intensive cross-examination to get to the bottom of all of this. And I could do with $275 an hour what with BP not paying any dividends this year.

Where’s Ohio, by the way? :-)

QUOTE Samphire: Where’s Ohio, by the way? :-)

Answer: About 3 miles north of the Creation Museum–as the crow flies

Samphire said:

Why would a pipe in an empty property leak when the temperature (according to Ohio weather records) never rose above +0.8 centigrade and then only briefly. Hardly a thaw. Is this a normal thing for Ohio in January - pipes bursting at copper joints and then thawing while the temperature only rises briefly above zero? If so, wouldn’t you leave a bit of background heating on if you were intending to be away for a few days? Pipes in ceiling spaces don’t burst if the room below has even a modest amount of heating.

If I was the judge I would want to see both a copy of the insurance claim and a copy of the plumber’s strangely-unexhibited repair invoice. Wouldn’t Hamilton have wanted such evidence in order to put in a claim for damage to his kitchen units and computer equipment? Or can’t you insure in Ohio against leaks caused by frozen pipes?

It is interesting that Hamilton met his plumber “after church”. Is that intended to imply that as a christian Hamilton must be telling the truth? It clearly isn’t so in Freshwater’s case. Or that the plumber was also a member of the church and therefore must also be telling the truth? Why did Hamilton bother to mention it? Did he just bump into Cormack in the vestry? Why hadn’t he telephoned him or another plumber earlier? After all, this is a leak which had done major damage.

I cannot understand why Hamilton would go down to the shop on a Sunday at a cost to him of $38.91 to buy items which are the sort of standard kit any plumber would have in his bag by the dozen, in this case a 15mm elbow and a straight connector costing 20 cents.

And why the photo of the straight pipe?

Lastly, it is not as though the burst occurred in a cold water pipe. Cormack says that he saw damage caused by hot water. To cause paint damage that must have been pretty hot water. So how come the pipe froze?

Most people in who live in cold weather and are leaving their home for a while set their thermostat at 55F. If they are going to be gone for a long time (perhaps all winter) the water is shut off, the pipes and water heater drained, and anti freeze is put in the toilets. Then you can turn off the heat completely.

I grew up on a farm in Michigan. The barn didn’t have any heat, and we had to be careful about draining the pipes to keep them from splitting.

A hot water pipe without flow is the same temperature as a cold water pipe, and can freeze just as easily. It doesn’t take much of a thaw to get a trickle of water to flow under pressure. Once this happens, the ice will quickly erode and water will gush.

Having said that, what kind of plumber would cut the pipes off where he did? Just cut between the two elbows and then unsolder the elbows from the pipes they are attached to. Also, cutting off short where he did, would be a difficult repair with the sleeve butting up against the new elbow. I’d still call shenanigans on this one.

and anti freeze is put in the toilets.

That is cold.

But why take a photo in January 2009 of something which didn’t become an issue for another year? I’d have been much more convinced by a photo of the damage to the kitchen, a copy of the insurance claim, and a copy of the plumber’s invoice.

Having sworn the affidavit presumably the plumber will now have to appear to be examined.

I’d point out that the afidavit says…

“George (the rep from the computer repair place) was unable to repair the computer or get the computer to work.”

Unless I’m missing it, Hamilton says nothing at all about any effort to try to retrieve the pertinent data from the actual disk itself, which is an entirely different matter.

Being an electrical engineer, I’m really familiar with computer innards, having owned dozens personally and professionally over the years, and been mining inside most of them. Right now, behind me in my office, I have a box of maybe 20 of my old hard drives.

It actually takes a lot to really kill a hard drive. Although I’ve treated many badly, and had several go iffy over the years, I’ve only had one totally die in such a way that the actual data was lost forever (an IBM Deskstar, which, I later learned, were famous for developing a fault that caused the heads to drag across the disk, scraping off the actual oxide coating).

Hard drives are actually pretty rugged. Especially smal form factor drives used in laptops (the smaller disks make their innards more rigid). They’re not quite hermetically sealed, but they’re pretty damned close (all drives are sealed tightly to keep out dust, but must have a filtered breather port for pressure equalization).

Unless the computer was sitting in a baking pan, I’d give a hard drive inside a laptop under a sprinkler pretty good odds of surviving.

Hell, I’d give the laptop itself pretty good odds of surviving. Assuming the power is off, and the water doesn’t short out the battery pack and cause a meltdown. There’s nothing intrinsically destructive about fresh water. Relatively clean water is not a particularly good conductor and circuit boards are regularly cleaned in what amounts to specialized dishwashers.

Though I can see water infiltrating the display and battery pack and causing trouble, the actual motherboard and hard drive are actually quite likely to survive. The actual data even more so.

Given the fact that Hamilton seems to lived his professional life on this machine, with no backups, it seems that he didn’t try very hard to get his actual files back.

Just sayin.…

QUOTE Samphire: Where’s Ohio, by the way? :-)

Answer: About 3 miles north of the Creation Museum–as the crow flies.

In which case I have been there dozens of times. How foolish of me to forget.

It’s wonderful to read intelligent educated conversation. Tomorrow, I’ll be back listening to Hamilton’s version of questioning at the hearing again.….*sigh*.…..

Hopefully, tomorrow will be the last day of this ridiculous hearing fiasco.….at least this part.…..again.….*sigh*.……

Wow, he sat in Wal-Mart for two hours while he was supposed to be in court? Did he watch a DVD while he was there?

jswise said:

Wow, he sat in Wal-Mart for two hours while he was supposed to be in court? Did he watch a DVD while he was there?

Did the nail/flood/dog-that-ate-his-homework also take out his cell phone so he couldn’t call a cab and get to court?

For a former police officer, he’s not especially good at dealing with unexpected events.

With that description, he’s kind of throwing freshwater under a very short bus, at that.

In the final hearing, Hamilton’s physical behavior was very telling. Although he sat beside John Freshwater at the table, he spent 80% of the time (when not involved in questioning witnesses) with his back to John, staring rigidly to the front of the room.

From my observation there appears to be great disharmony between Hamilton and Freshwater. Body language and physical gestures have been quite interesting to observe during this hearing.

To clarify, I should have said in the final day of the hearing.……

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This page contains a single entry by Richard B. Hoppe published on June 18, 2010 1:20 PM.

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