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Cop takes 'midnight photos' of teacher's classroom
Times Argus ^ | David Delcore

Posted on 05/06/2003 9:35:22 AM PDT by anniegetyourgun

BARRE – John Mott and Tom Treece have at least one thing in common. Make that two.

Both men think they have been unfairly accused and, if you believe their critics, both have had a chilling impact on students at Spaulding High School.

Mott is the Barre Town police officer who admits he spent part of an early morning break last month photographing student projects in the classroom of a controversial history teacher.

Treece is that teacher. A passionate pacifist, he has been skewered publicly by critics who say he is pedaling his personal political views to the students in his class. Part of the proof, critics say, is in the photographs Mott took when he visited the high school April 9 while on duty, in uniform, and out of his jurisdiction.

The photographs were taken at around 1:30 a.m. after Mott, who once worked at Spaulding, persuaded a custodian to unlock the door to the classroom Treece shares with another teacher.

Mott isn’t apologizing for his actions and says he has at least temporarily refused orders from Barre Town Police Chief Michael Stevens and Town Manager Carl Rogers to supply school officials with copies of the photographs.

“I’m going to speak to an attorney first,” he said.

Mott disputes an account of the April 9 incident contained in a letter written by school Superintendent Dorothy Anderson to the police chief.

Specifically, Mott disputes Anderson’s claim that he “banged on the front door” of the high school to get the attention of night custodian Arnold Cliche, and that Cliche opened the door and let him in.

“It didn’t happen that way,” he said.

According to Mott, he entered the school through an unlocked maintenance door, found Cliche and asked him to unlock the door to Treece’s classroom room so he could take photographs with his personal camera. Although he was on duty at the time, Mott maintains that he was on a break and wanted to photograph student projects that offended him as an American and a retired military man.

“I wanted everybody else to see what was in that room. You can’t explain it,” he said.

Among the student projects that Mott said he photographed were a poster of the President Bush with duct tape over his mouth and a large papier-mâché combat boot with the American flag stuffed inside stepping on a doll. He said there also were pictures of Cuban dictator Fidel Castro and his former chief lieutenant, Ernesto “Che” Guevara, posted on the walls.

“Having spent 30 years in uniform, I was insulted,” he said. “… I’m just taking a stand on what happens in that classroom as a resident and a voter and a taxpayer of this community.”

Mott said he took the photographs less than 48 hours after attending a school board meeting at which several residents complained about what they claimed was an attempt to “indoctrinate” not “educate” students.

School officials have rejected that notion, defending Treece as a “thought-provoking” teacher who provides students in his public issues class with resources from the full spectrum of political perspectives.

“As a teacher he (Treece) does present all sides of an issue,” Anderson said.

Anderson said she was concerned that Mott used his uniform to gain access to a locked classroom after hours without supervision.

“I find this behavior, at the very least, in violation of our policy for visitors at the school,” she wrote in her letter to the police chief. “I also find it disturbing that a police officer would wear his uniform under such circumstances thereby intimidating our employee (Cliche) into letting him in the building at a very unusual hour.”

Anderson said she met with the police chief and the town manager on Friday to discuss her concerns and to reiterate her request for copies of the photographs Mott took and has been circulating in the community. She said Mott had not yet complied with that request, which is based solely on her desire to confirm the photographs were not doctored in any way.

“We’re not embarrassed about what was in that classroom,” she said. “We just want to make sure that the pictures he (Mott) took are an accurate reflection of what the classroom looked like.”

Mott said the photographs he took are authentic and accused school officials of “tap-dancing” around an issue that was brought to their attention last month by using the circumstances under which he entered Treece’s classroom as a diversion.

“It leads me to believe they are out witch-hunting,” he said.

Treece said he knows the feeling. He says Mott and his other detractors don’t have a clue about what he does in his classroom, but that hasn’t stopped them from jumping to conclusions based on his personal political views.

“None of these parents know me in any way,” he said. “They just think they know me. Everything they know about me is hearsay. They don’t have kids in my class. They have taken lies and innuendoes and run with them.”

Treece does not hide his personal views and acknowledges his public criticisms of the war in Iraq and President Bush have irked many in the community. However, he said their contention that he is force-feeding his views to Spaulding students is simply wrong.

“I tell kids from day one: ‘I don’t want you to agree with me, I want you to be informed and think for yourselves,” he said. “I have never squashed dissent in my class in any way shape or form.”

Treece said his message to students is simple: “Defend what you believe and if you can’t defend it I’m going to pick holes in your argument no matter what side of the issue you’re on.”

Treece said he supplies his students with a broad range of resources and encourages them to use them to come to their own conclusions.

“My goal in that class is to get kids to think and be critical of everything they read and hear and see,” he said.

Treece said he’s tired of being painted as anti-American simply because he challenges students not to take what anyone – not the president, their parents, or even he – says at face value.

“I want them to understand that everybody’s got an agenda … everybody,” he said.

Treece said that goes for his detractors, some of whom are using the controversy over a six-word sentence – “All hail the idiot boy king” – that he posted on a bulletin board next to a picture of President Bush as a reason to reject the high school budget. The budget is scheduled for a re-vote next week.

“They’re out to get the budget and they’ve made me their whipping boy,” he said.

Treece makes no apologies for how he conducts his classes or for his own political views. In retrospect, he said, the comment he posted about Bush was probably too direct.

The board meets at 7 p.m. in the high school library. Like the Malones, both Mott and Treece said they plan to attend.

“I did not recognize how fragile people’s feelings were at the time,” he said. “It was horrible timing on my part.”

If he had it to do over again, Treece said he would spell out the same sentiments in two pages of text that wouldn’t have offended anyone.

Paul and Norma Malone, the local couple who first took issue with the comment Treece posted on the board, insist they’re not out to scuttle the budget, but want to restore balance in the curriculum at Spaulding.

“Our position has been and still is there should be a balance in that curriculum and respect in that school,” said Paul Malone.

Although the couple’s criticism is not limited to Treece, they admit his comment served as a springboard for their effort.

“It’s not an issue of freedom of speech. That was never the issue,” he said. “It’s an issue of balance and it’s an issue of professionalism.”

Based on discussions with faculty, parents and students, Norma Malone said students from a largely conservative community are being urged to view the world to through a liberal lens.

“There’s nothing from the center or from the right,” she said, rejecting Treece’s comments to the contrary.

The Malones, who have formed the group “Citizens Advocating Responsible Education,” say they plan to attend tonight’s school board meeting and present a copy of a petition signed by several hundred supporters. The petition states in part: “Students must be provided a thorough, factual, unbiased study of the history of our nation, the importance of our government institutions, and the significance of our political traditions so as to engender civic duty and respect for our national values.”

In order to accomplish that goal, the petition suggests revisions to the school’s policy regarding academic freedom and the appointment of community members to the school board’s curriculum committee.


TOPICS: Culture/Society; US: Vermont
KEYWORDS: antiamerican; antibush; blameamericafirst; bushbashing; commies; communists; hateamericafirst; leftwinghategroup; litteredschoolhouse; looneyleft; police; procastro; prodictator; publicschool; redmenace; students; taxdollarsatwork; theredmenace; vermont; youpayforthis
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To: r9etb
I would win the case. You have to show criminal intent to go the the criminal act of tresspass. I don't know where you got your law degree but right now, the officer is not a defendant.

Vermont Tresspass statute:

§ 3705. Unlawful trespass

(a) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he enters or remains on any land or in any place as to which notice against trespass is given by:

(1) Actual communication by the person in lawful possession or his agent or by a law enforcement officer acting on behalf of such person or his agent; or

(2) Signs or placards so designed and situated as to give reasonable notice.

(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

(c) A person who enters a building other than a residence, whose normal access is locked, or a residence in violation of an order of any court of competent jurisdiction in this state shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both. (Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), § 1; 1973, No. 109, § 7; 1979, No. 153 (Adj. Sess.), § 2; 1981, No. 223 (Adj. Sess.), §§ 17, 23.)

The information we lack is the exact signage present (or lack thereof). The fact that the janitor let him in still negates the tresspass. (the janitor's authority or lack of authority is for the janitor and employer to work out.) The law states that the janitor as the person in lawful possession had to say the magic words of go away. The issue of "intimidation" is an issue for internal affairs IF it can be proven. Right now its a swearing contest in the court of the media not the law.

Seriously why is no one questioning the fact that there is no prosecution. If this is beyond 60 days ago there is no prsecution. There is an additional issue of whether he is charged under the states tresspass law or under a municipal tresspass law.
421 posted on 05/06/2003 11:11:00 PM PDT by longtermmemmory
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To: timestax
There is a sub-set of lunatic loons who appear to wish the end of American society as we know it. Like the Nazis and the communists in Weimar Germany, they have a great deal in common as ... potential destroyers --- of the social fabric.

I have engaged in several debates in the last few days, and I admire FreeRepublic as a forum for the free expression of ideas, but the overwhelming presence of this bunch of loons is very off-putting.

Lenin is supposed to have said that capitalists would sell him the rope by which they were to be hung. The “anarcho-loons” on this forum would not bother to sell the rope but provide it as a public service.

401 posted on 05/06/2003 5:54 PM PDT by moneyrunner (I have not flattered its rank breath, nor bowed to its idolatries a patient knee.)

422 posted on 05/07/2003 3:46:00 AM PDT by f.Christian (( With Rights ... comes Responsibilities --- irresponsibility --- whacks // criminals - psychos ! ))
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To: dirtboy
What if this had been some liberal cop going after a conservative teacher?

Essentially... if you are ashamed of your own speech to the point of hiding it behind locked doors and the first amendment then it deserves to be exposed. This Officer is in the business of protecting the public, he was merely carrying out his duty. If the Officer crosses the line and arrests this teacher, then I will come to the teachers defense to keep him out of jail.

I think that we read WAY too much into the 1st Amendment. There are no guarantees that your speech wont cost you your job, it's just a guarantee that the government wont put you in the slammer for opening your trap.

423 posted on 05/07/2003 4:42:11 AM PDT by Samurai_Jack (Im just asking)
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To: Samurai_Jack
It saddens me that people are more focused on the rights of the cop. I guess the liberal establishment has won, once again. They've diverted our attention from the Marxist-Communist teacher and the propaganda he is brainwashing our children with, and has everyone bickering over what the copy did.

Why don't we start asking the teacher some questions and worry about the cop, later? After all, which of these two issues is more important to America?

Anyone who thinks "trespassing" is more haneous than "Communist Propaganda", really needs to re-evaluate what America and Freedom is all about.

424 posted on 05/07/2003 4:59:59 AM PDT by YoungKentuckyConservative
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To: RonF
He was outside his juristiction, misrepresenting his authority by wearing a police uniform and a gun, pounding on a door and demanding entry.

He was gaining entrance to a PUBLIC FACILITY. This is not a Madrassa.

What are his duties outside his juristiction? What are the duties of a law enforcement official to get involved in a situation where no law has been broken?

He is protecting the public as he sees fit, as long as it is public property and the officer is not arresting anyone then he is (in my opinion) within his jurisdiction. He is performing a public service by exposing the infamous activities of this Public Official (school teacher) to the scrutiny of the Community in which he is performing his duty. Like a whistleblower. The problem is that the teacher has a Captive Audience, the parents are FORCED BY THE STATE to have their children indoctrinated in this communist filth. As long as the activity takes place within the walls of a PUBLIC FACILITY, it is liable to be exposed at any moment to the harsh light of public scrutiny, to be judged unceremoneously.

An example of his being OUTSIDE of his jurisdiction would be if this were a private residence or a private school. If this were the case then there would be a 4th Amendment issue. But given this is a public facility, a public school, he is well within his jurisdiction. If this teacher had enticed the children to a private facility for his activities then he would be protected under 1st Amendment, freedom of association, and 4th Amendment.

How come is it that only the liberals get the latitude to push the envelope of their jurisdictions into rediculous contortions??? Think about that the next time they send your kid home for having a fingernail clipper in their napsack.

The question I ask myself is... "Would I still be teaching this crap to these children if their parents were in the room?", even if their parents are Cornfed Biblethumping Chandelier Swinging Wrestlemania fans who make a living by lifting engine blocks in a junkyard with their bare hands. If the answer is no, then it doesnt belong in the classroom of the public school.

425 posted on 05/07/2003 5:08:36 AM PDT by Samurai_Jack (Im just asking)
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To: anniegetyourgun
The policeman should be given a mild reprimand for what he did and should be congradulated by the towns people. The teacher should be tied to a rail and run out of town
along with (all public shool) teachers who no longer teach America's next generation of children history, reading, mathmatics and science (like conservative patriotic teachers once taught) before the liberal communist takeover of our public schools.
Joe McCarthy was correct and should be vindicated for the good he did in slowing down the communist take over of America. Parents better become aware ot the destructive doctrines of hateful liberalism before their children are destroyed.
426 posted on 05/07/2003 5:12:12 AM PDT by wgeorge2001 ("The truth will set you free.")
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To: George from New England
>>Time enough to strip the walls.<<

Why would anybody want to strip the walls? The posters are not against the law.
427 posted on 05/07/2003 5:13:48 AM PDT by CobaltBlue
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To: YoungKentuckyConservative
It saddens me that people are more focused on the rights of the cop.

PUBLIC PROPERTY is the key... the officer was focused on protecting the public, that's his job. We are not defending 'the rights of the cop' so much as we are defending 'the rights of the parents'. This officer was protecting the rights of the parents, again... thats his job.

As Ive said before, if this teacher was holding these indoctrination sessions on private property during his own time with the voluntary attendance of the student body then the officer would have been outside of his jurisdiction.

But since this teacher was holding these indoctrination sessions in a PUBLIC SCHOOL, during time he was being PAID BY THE COMMUNITY, with students who are FORCED BY THE STATE to comply with attendance. Then I would say this officer was well within his jurisdiction.

Anything that takes place within the walls of a PUBLIC SCHOOL should be open to the public and not hidden behind a locked door. When they arrest this stinking communist pig and throw him in the slammer with Bubbah and the Gang, then come talk to me and we will defend his 1st Amendment Rights. But I am not going to feel sorry for him if he loses his job for indoctrinating the students in communist ideology rather than teaching them History.

428 posted on 05/07/2003 5:22:28 AM PDT by Samurai_Jack (Im just asking)
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To: Samurai_Jack
I think that we read WAY too much into the 1st Amendment.

Uh, this isn't a first amendment issue - this is about a on-duty cop going outside his juridiction and entering a building where he had no business going. As in the 4th Amendment. And the 4th was passed EXACTLY because folks like you are willing to overlook official misconduct to further your own political agenda - the first step out on a very nasty slippery slope.

429 posted on 05/07/2003 7:14:23 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: Samurai_Jack
the officer was focused on protecting the public, that's his job.

He was outside his jurisdiction, jack. Try to keep up with the facts here.

430 posted on 05/07/2003 7:14:53 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: Hacksaw
That is not what happened Dirtbag. Try dealing with facts.

I was running a hypothetical to grapeape regarding his statement that a cop can enter any public space any time he wants. Try keeping up with the debate and refraining from personal attacks.

431 posted on 05/07/2003 7:20:36 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: CobaltBlue
If there were bumper stickers about Jesus HE WOULD BE FIRED, suspendes or reprimanded and the bumper stickers would be removed.
But since "MOTHER GODDESS" has no Judeo-Christian morals, it is PC, and you can advertise, indoctrinate, and spew, that "religous" drivel with the "blessing" of the school!
432 posted on 05/07/2003 7:49:33 AM PDT by doubtfullyhopefull
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To: anniegetyourgun
Letters to the Editor from the Times Argus RE: The Cop & The Photos.
433 posted on 05/07/2003 8:14:21 AM PDT by TankerKC (If we blame our parents, will our kids blame us?)
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To: anniegetyourgun
"Anderson said she was concerned that Mott used his uniform to gain access to a locked classroom after hours without supervision."

Hmmmmmm.......Something like Treece using his "Teacher's cloak" to gain access to impressionable minds to force his pacifist agenda, unsupervised??

Yeah.....That's definately sneaky.
434 posted on 05/07/2003 9:00:58 AM PDT by NewsFlash
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To: dirtboy
He was outside his jurisdiction, jack. Try to keep up with the facts here

I see that you are running out of excuses here and just repeating allogations punctuated with attempts at personal insults... I see no reason to repeat myself for your sake.

435 posted on 05/07/2003 5:14:50 PM PDT by Samurai_Jack (Im just asking)
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To: dirtboy
a 4th Amendment infraction would involve an assumption of private property. Are you advancing the argument that a Public School classroom is private property?
436 posted on 05/07/2003 5:16:36 PM PDT by Samurai_Jack (Im just asking)
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To: Samurai_Jack
a 4th Amendment infraction would involve an assumption of private property.

Another novel legal concept. Try to search the files of the school district without a warrant and get back to me.

437 posted on 05/08/2003 7:18:26 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: Samurai_Jack
I see that you are running out of excuses here and just repeating allogations punctuated with attempts at personal insults... I see no reason to repeat myself for your sake.

How is it a personal attack to say you are not current with the facts - a cop protecting the public typically does it in his jurisdiction. You can't have it both ways - that he was doing his duty while attending to a private political agenda while on a meal break.

438 posted on 05/08/2003 7:20:17 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: dirtboy
Try to search the files of the school district without a warrant and get back to me.

Files of a school district are considered private property... personal files. Naturally they are protected. However the classroom where your children are forced to be educated with public funds is definitely open to public scrutiny.

The officer merely protected the public by exposing that which was improperly if not unlawfully hidden behind locked doors. As I said before, the teacher should not be afraid to have his lessons exposed to the scrutiny of the community which pays his salary.

439 posted on 05/08/2003 8:57:55 AM PDT by Samurai_Jack (Im just asking)
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To: dirtboy
a cop protecting the public typically does it in his jurisdiction. You can't have it both ways

As I said before... I will repeat-myself-again one more time for your sake. This officer was within his jurisdiction since this is public property. And there is no violation of illegal search and seizure since it's public property and there is no 1st Amendment infraction since there was no arrest made.

no rocket science here... I'd love to see if this went to courts to see if they side with a teacher trying to protect his 4th and 1st Amendment rights in the classroom of a public school.

440 posted on 05/08/2003 9:14:06 AM PDT by Samurai_Jack (Im just asking)
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