B.M.: What do you mean lying?
MR. MCFARLAND: Do you remember this?
B.M: Yes. Now I do now that I see it.”
By Todd Bartley
TalkWilliamsport.com
NEWS@TalkWilliamsport.com
TalkWilliamsport.com obtained the “REPLY TO DEFENDANT WILLIAMSPORT AREA SCHOOL DISTRICT’S STATEMENT OF MATERIAL FACTS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT”.
Included with the 91-page “REPLY” are deposition transcripts previously attached to the “Motion for Summary Judgment” filed by attorneys representing the Williamsport Area School District in the Federal Civil Rights lawsuit filed by John Doe #1 and supplemented in this filing.
John Doe #1 is the former WAHS baseball player who was the victim of a criminal indecent sexual assault during the 2018 WAHS baseball team trip in Myrtle Beach, South Carolina.
John Doe #1 is black the teammate who assaulted him identified as B.M. is white.
The depositions contain previously undisclosed facts from the “investigators” employed by the Office of Pennsylvania Attorney General, Williamsport Area School District and Lycoming County.
At the time of the investigation in 2020 Josh Shapiro was the Pennsylvania Attorney General.
80. Admitted. By way of further answer, Plaintiff alleges that B.M. testified falsely for over three hours about his sexual assault of John Doe.
Exh. 11 B.M. depo. 150-151: 2-5.
After showing him the video that has been marked as an exhibit in this case, he recanted his prior testimony of over three hours and admitted that his sexual assault of John Doe included him showing his private parts to John Doe’s face and mouth.
Id. at 165-168: 22-5
For purposes of a summary judgment motion, Plaintiffs dispute the fact that B.M. never went out after curfew and doesn’t know anyone who did.
82. Admitted. It is admitted that none of the coaches stayed in the hallways after lights out to make sure that the players weren’t going into each other’s rooms and/or leaving the hotel.
83. Admitted. It is admitted that the Atlantica Resort Hotel was large. By way of further answer, the guest folio’s show that WASD rented rooms on the 1st floor, 4th floor, 5th floor, 7th floor, 8th floor, 10th floor, 12th floor and the 13th floor.
Exh. 23 Atlantica Resort Guest Folios.
The guest folios clearly acknowledge that REDACTED BY AUTHOR and WASD were aware of the spread-out nature of the rooms as early as February 28, 2018.
Id. Defendant has failed to provide any evidence of any attempts by an employee, agent, or servant of WASD to address the spread-out nature of the rooms prior to arriving on March 24, 2018.
84. Admitted in part, denied in part. It is admitted that nothing prevented a player from leaving his room at the Atlantica Resort in Myrtle Beach in 2018. It is specifically denied that this was the same in the Myrtlewood Villas as in prior years. Furthermore, the Myrtlewood Villas, as shown by the photos provided in the email from Myrtlewood Villas is a completely different type of facility involving three story condominiums that are directly adjacent to each other.
Exh. 22 WASD 02206-02222.
87. Admitted. By way of further answer, Defendant has offered the video that shows the sexual assault in which B.M. touched his penis to the lips of John Doe and inserted his penis into his mouth.
See Defendant Exhibit 16 Video Recording.
88. Admitted. By way of further answer, B.R. testified that he observed the video of the sexual assault in the WAHS cafeteria along with numerous other students. As a result of the videotaping by J.Z. being shown to individuals or students, some students at school began to refer to John Doe as “dick lips.”
Exh. 10 Doe depo. 112-113: 20-8; Exh. 14 B.R. depo. 13-14: 2-14.
95. Denied as stated. It is specifically denied that Plaintiff was asleep throughout the “incident.” Plaintiff is not aware of what Defendant means by “the incident.” When Plaintiff awoke, he saw B.M. near him and laughing hysterically after having placed his genitals and butt on Plaintiff’s face and in his mouth. Plaintiff testified as follows:
“Q. The incident itself, you were asleep and I believe you stated you did not wake up after you allege occurred, which was that B.M. put his genital, on your lips?
A. I said in my – well, in between my lips, like in my mouth.”
Exh. 10 Doe depo. 177: 12-18.
Plaintiff also testified that after he woke up, B.M. was kind of just laughing.
“A. Video that was shown to me, well lets put it appeared basically him putting his penis between my lips, kinda like opening my mouth and putting it –
Q. In your mouth?
A. Yeah, I guess you could say that.
Q. That’s what happened?
A. Yes.”
Id. at 93: 2-10
98. Admitted in part, denied in part. It is admitted that Plaintiff says, “B.M. put his penis in between my lips as I was asleep” and that “B.M. put his penis kinda like opening my mouth and putting it —.” It is specifically denied that Plaintiff’s assertion is based only on seeing the video. The video speaks for itself. The video depicts Plaintiff recoiling from something touching his face while simultaneously
showing B.M. with his hands on his hips.
101. Admitted. By way of further answer, the video speaks for itself. Furthermore, the Plaintiff has testified that B.M.’s genitalia touched his face and lips and went into his mouth.
Exh. 10 Doe depo. 93: 2-10.
102. Admitted in part, denied in part. It is admitted that B.M. initially denied that his penis touched any part of Plaintiff.
Exh. 11 B.M. depo. 44-45: 23-1.
It is specifically denied that this is the truth. B.M. was shown the video and the testimony was as follows:
“MR. MCFARLAND: All Right. So for the record, you’re being shown what I’ve marked as Exhibit 3.
You can hit play. (Video played.)
THE WITNESS: And that was that. Can I replay it?
MR. MCFARLAND: Yeah. (Video played.)
THE WITNESS: That was it
BY MR. MCFARLAND:
Q. Have you seen that video before?
A. Yes, I’ve seen that video before.
Q. And you have seen that video?
A. Yes, that was the video JZ took, but this whole time I thought it was of my butt.
Q. You thought that the video we just watched, which you’ll agree with me the video shows you; right? That’s – that’s you in the video –
A. Yeah, that’s me.
Q. – correct?
MS. HAZEL: Mike, can you – can you have that forwarded?
MR. MCFARLAND: Yeah.
BY MR. MCFARLAND:
Q. Just to be clear; the person wearing the jeans and the black shirt, that’s you?
MS. HAZEL: Okay. Because the video I have only has the clip from there on. So I didn’t see the whole video.
MR. MCFARLAND: It’s the same clip.
MS. HAZEL: Yeah, what I got now.
THE WITNESS: Yeah, that’s me.
BY MR. MCFARLAND:
Q. Okay. So you’re telling me the video we just watched , which you’ll agree with me, Mr. B.M., shows you with your pants down, facing forwards, walk over to the other person on the couch, who is JOHN DOE #1 – (EDITED BY AUTHOR); right?
A. (Witness nods head.)
Q. Yes?
A. Yes.
Q. And then leaning forward and thrusting forward at his head; yes?
A. Yes, but nothing – there was no touch ever.
Q. Well, hold on. Hold on. How do you know there was no touch because five seconds ago you said you didn’t even do this?
A. I’m saying that I never touched him, like I never touched him with anything on my body.
Q. Okay. But you just – you just said that this video is you and every single minute of this deposition up until last minute you said you didn’t do this.
A. I didn’t know that was the video. I thought it was a butt video of me. That is – that’s the only video I’ve ever saw of me.
Q. Which shows you putting your penis in his face.
A. Yes, but nothing ever touched him.
Q. Well, so – okay. You’re confused by what video exists. I’ll ask you again probably for the – for the fourth time, did you put your penis in – in JOHN DOE #1’s – (EDITED BY AUTHOR) face; yes or no?
A. Yes, but it wasn’t – I didn’t touch him.
Q. That’s not my question.
A. Oh.
Q. Did you do it, yes or no?
A. Yes.
Q. Okay. Well, how come you’ve been lying the entire deposition up until this point?
A. What do you mean lying?
Q. You denied it every single time I asked you. So which is it, yes or no, you did it?
A. No, I never touched him with my front of my body, no.
Q. Not – not my question. Not my question. My question is did you put your penis in his face and you said every single time I asked you no, until right there?
A. Because you were telling me that it was my butt.
Q. You said it was your butt. You said that.
A. Yes.
Q. Yeah.
A. This whole time I thought it was.
Q. Do you know where your butt is on your body, sir?
A. Yes.
Q. Do you know where your penis is?
A. Yes.
Q. Yeah.
A. And that is totally me going forward.
Q. Okay. Yeah. So whether or not the video shows one thing or the other, you’re the person that’s in the room; right? You’re the person that was there –
A. Yes.
Q. – correct? Okay. So do you remember this happening? Do you remember this?
A. Yes. Now I do now that I see it.”
Id. at 165-169: 9-13. (emphasis added).
103. Admitted in part, denied in part. It is admitted that B.M. testified that he put his penis in Plaintiff’s face, but it never touched.
Exh. 11 B.M. depo. 167: 18
20. It is specifically denied that that is the truth. See Plaintiff’s response to paragraph 102.
104. Denied. Despite B.M.’s testimony, it is specifically denied that B.M. did not put his penis in Plaintiff’s mouth. See Plaintiff’s response to paragraph 102. Plaintiff also testified that B.M.’s penis was put inside his mouth.
Exh. 10 Doe depo, 98:6-10; 91:24 – 93:11; 92:1-11; and 242:24 – 243:-5.
This is a developing story on TalkWilliamsport.com.
