Mr. John Czuwak was cited as a witness in the A-420 report and at the Coppin conference on 2/23/98, in which Walters claimed that Czuwak saw saliva running down the student's face. Apparently, he refused to come and testify about what he had not seen. The following cross-examination of JS by Mr. Lower is quite illuminating : JS: Okay, when Miss Edwards was in her office which would be right across the room from where our classroom is, the security guard went in there, I went towards the bathroom to wipe my face. I was still crying after I wiped my face and stuff and I had went back into her office but she was not in there. Lower: So you went first to the bathroom? JS : Yes. LOWER : And then you come out of the bathroom and go to Miss Edwards' office? JS: Yes, there is three different offices in there so -- LOWER : Did you go into her office? JS : No, I went to Mr. Czuwak's office. [ Evidently, assuming I spat in this student's face, Mr. Czuwak could not possibly saw any spit running down his face -- he went to the bathroom first. No wonder why Mr. Czuwak refused to come to testify. ]
Please read JS cross-examination below , keeping Walters' description of the incident in mind (the official version) : LOWER : Is this particularly loud ? You said it was at time noisy ? JS : It was particularly loud and just said straight out clown. LOWER : Just clown ? JS : Just clown. LOWER : That you are a clown or just clown ? JS : Just Clown. LOWER : Then he turned around and looked at you ? JS : Looked at me. LOWER : What did he say to you ? JS : He said to me that my father was a clown . LOWER: Is it correct that he said "your father is a clown " ? JS : Yes, he said that. LOWER : Did he say, Mr. S., your father is a clown or J., your father is a clown ? JS : No, he said my father is a clown. LOWER : Use the words that he said. JS : He said "your father is a clown". LOWER : Did you use the word clown ? JS : No, I did not. LOWER : So then he is standing at the board, he just said "your father is a clown" ? JS : Yes. LOWER : What did you do ? JS : I got up in his face and said to him that my father isn't a clown and I didn't say that. Then after I said that he then said your father is a clown once more and then spit in my face. LOWER : When you say you got up in his face that means you got up out of your seat ? JS : Yes. LOWER : And you went to the front of the class ? JS : Went to the front of the class and I stood in his face and said that. LOWER : Could you describe how close you were from him when you got in his face as you had said ? JS : I was real in his face. LOWER : When you say -- JS : I was about this far from his face. LOWER : You were about four inches from his face ? JS : Yes. LOWER : You mean your face was four inches from his face ? JS : Correct. LOWER : You got up in his face and when you were in his face you said what ? JS : I said "my father is not a clown and I did not say that." LOWER : Is that all you said to him ? JS : Yes, I did. LOWER : What did he do, if anything ? JS : And then he spit, he said, first he said my father, he said it once more your father is a clown and then he spit in my face. Then when he spit in my face I wiped my face and I was thinking about hitting him but I did not. LOWER : You said my father is not a clown and he said your father is a clown, same thing ? JS : Same thing again and then he spit and then he spit in my face. LOWER : He did not use a different tone, he did not express it differently ? JS : No. LOWER : Tell me exactly how he said it. JS : When he said it, he said your father is a clown, spit in my face. (...) LOWER : Was all this happening when you were four inches away from his face ? JS : Yes, because when he did this he stepped back and then spit. LOWER : So before he spit he stepped back ? JS : Yes. LOWER : How far away from you was he when he spit ? JS : A good 12 inches. LOWER : So he stepped back eight inches ? JS : Yes. LOWER : You are still pretty close ; right ? JS : Yes. LOWER : When did you notice that there was spit on your sneaker ? JS : After I walked out of the classroom. LOWER : When he spit on you what did you say, if anything ? JS : No, I did not. LOWER : You are 12 inches apart. What did you do then after he spit ? JS : After he spit I wa thinking about hitting him. LOWER : I want to know what you did. JS : I didn't do anything, I just walked straight out of the classroom. |