Scott Fain is currently, and was at the time of the incident, the principal of Kelly Middle School.

The first four pages of Mr. Fain’s testimony was background information - who he was, how long he had been there, why the regular teacher wasn’t in the room that day. At the bottom of page four was when his testimony about the incident began.

In the morning of October 20, 2004, he received an email from Mr. Napp, that room’s regular teacher. He then proceeded to go to the classroom where Mr. Napp then went through Internet Explorer’s history from the previous day. Let’s look at some of the testimony:

Q: What type of information was being pulled up by Mr. Napp on his computer?
A: Well, the alarming parts were, could be classified as pornography, multiple pictures of naked men and women that were obviously alarming.

Q: I’m going to delve in a little bit more. Some of the pornography was it explicit pornography, explicit meaning naked people on a school computer?
A: Yes. It appeared to be of a sexual nature, yes.

Q: Engaging in sexual acts, some of them?
A: Some were, some were simply nude poses.

Commentary:
It appears that the prosecutor simplified the definition of pornography a lot. A picture of naked people is explicit pornography? Better hide those pictures of your kids sitting in the tub folks, I wouldn’t want you charged with possessing child porn.

Mr. Fain then testified about talking with Ms. Amero, and how she told him that there were students who had been using that computer, and how there were popups throughout the day.

On cross examination, Mr. Fain was asked about his relationship with Ms. Amero. Part of his answer was that he had previously spoken to her “about being more active monitoring and working around the class as opposed to sitting”.

Commentary:
I have almost never had a sub that actively monitored the class and helped with work. Let’s face it, subs get paid very little, don’t need to be very educated in the specific subject they’re covering, and are only covering a class for a very short period of time, often only a day or two. I think the only time I’ve had a sub pay attention is when there has been a quiz or test that the class was taking.

On redirect, Mr. Fain testified that others told him what Ms. Amero had shared with them, about some kids using the teacher computer without permission, after he had already seen the computer.

Commentary:
So let’s see what we’ve learned so far. There was a substitute teacher that had been told to not use the computer as much…but subs generally do something other than read, at least the subs I’ve had.
We learned that there were pornographic popups.
We learned that all the students in that room were under 16 years of age.
Basically, all we learned were very basic facts about the background of the case, nothing all that interesting.

What will the next witness tell us? Stay tuned and find out.
Transcript