my works

In one snap eveything became dark. Like we are trapped behind the light. Praying like there’s no tomorrow. Because the telivision is counting death

The world feels broken. It feels lonely in the crowded city. Only the birds can play freely outside. We can’t be close together because we might burt to death

THE COURT: Good morning. Be seated.
MR. MARTINEZ: Good morning, Your Honor.
THE COURT: We are with the direct of Mr. Arce, right,
is going to continue?
MR. MARTINEZ: Yes, Your Honor. I have a procedural
question I would like to address with the Court at the
beginning.
THE COURT: Go ahead.
MR. MARTINEZ: With respect to the pro offer, Your
Honor, I have two questions —
THE COURT: Wait a minute. You’re talking about an
offer of proof that you intend to make sometime in the future,
right?
MR. MARTINEZ: So one question was when you want me to
do it.
THE COURT: Right. Okay.
MR. MARTINEZ: And if you want me to do it in your
presence or just to the court reporter? I’d prefer to read it
at this time, but I don’t know when you want it.
THE COURT: Well, you want to make it orally, right?
MR. MARTINEZ: Yes.
THE COURT: Let’s do it right after lunch, how’s that?
MR. MARTINEZ: That’s fine, Your Honor. I just needed to know when you wanted it.
THE COURT: Let’s do that. That’s fine.
MR. MARTINEZ: Okay. Thank you.
SEAN ARCE, WITNESS, PREVIOUSLY SWORN
DIRECT EXAMINATION (RESUMED)
BY MR. MARTINEZ:
Q. Good morning, Mr. Arce.
A. Good morning.
Q. I’m going to try and stick to one mic and not wander.
MR. MARTINEZ: Let me ask you, can you please bring up
Exhibit 541? I believe 541 has been admitted or is stipulated
to as an exhibit, Your Honor. These are the Huppenthal
findings. I was checking with counsel that she agreed it was
stipulated to.
MS. COOPER: There’s just a housekeeping matter that
we would like to address, if it’s all right with the Court.
MR. MARTINEZ: Can we deal —
THE COURT: I’m sorry, a what matter?
MS. COOPER: A housekeeping matter with respect to a
couple of exhibits. But we can address it later.
THE COURT: All right. Fine. Let’s do it later.
MR. MARTINEZ: Okay. I just wanted to confirm on
MS. COOPER: Yes.
MR. MARTINEZ: — it’s an admitted exhibit.
MR. QUINN: Richard, it’s admitted.
MS. COOPER: Yes, Your Honor.
MR. MARTINEZ: Thank you.
BY MR. MARTINEZ:
Q. Mr. Arce, I just want to give you a minute to look through
these three pages, so if you could just read Page 1, Page 2,
and Page 3, just review it, and my question will be if you
recognize the document. If you let us know when you’ve read
Page 1, then we’ll go to Page 2.
A. Next page, please. Next page, please. Yes, I am familiar
with this document.
Q. Do you recognize this as Mr. Huppenthal’s findings in June
of 2011?
A. Yes.
Q. And on that day, or shortly thereafter, it was made
available to you?
A. Yes.
Q. And your position at the time was?
A. I was the director of MAS.
Q. Mexican-American Studies?
A. Mexican-American Studies, yes.
Q. Thank you. You’ll note at Page 3 that the finding includes
specific reference to the website that — do you see a
reference there to the Mexican-American Studies website?
A. Yes.
Q. Let’s back up for a moment and then we’re going to come
back to that. Was there in fact during the period of time that
you were director of Mexican-American Studies a TUSD website
that included a place where you could go to a specific web page
for Mexican-American Studies?
A. Yes, there was.
Q. And was that in place throughout the time that you were
director?
A. Yes.
Q. And was that in place during the period you would have been
assistant director?
A. That’s correct, yes.
Q. Did you consider that to be a web page that essentially was
the web page — the district-sponsored web page for your
department?
A. That’s correct, yes.
Q. Your program?
A. Yes, that’s correct.
Q. And what was the intent of the web page? Just generally.
A. To inform the public and parents and students in the school
district of the mission of our Mexican-American Studies
Department; what course offerings we had, what our curriculum,
what our pedagogy entailed.
Q. So, fair to say that by being on the web page, it was
intended to provide the general public information about the program?
A. Yes.
Q. Did that include a mission statement?
A. Yes, it did.
Q. If we could turn to Exhibit 149. First of all, I’d like
you again to look at this particular exhibit. Let us know when
you’re ready. I need you to look at that so that I can ask you
some foundational questions about the exhibit. If you could
let us know when you’re ready for the next page, we’ll go.
A. Next page.
Q. I don’t need you to read it line for line. Just look at
it, review it enough to be able — the question I’m going to
ask you is: Do you recognize the document?
A. Yes, I do.
Q. I believe it is 12 pages.
A. Okay. Okay. Okay. Okay. Okay. Okay.
Q. Are we back to Page 1?
A. Yes, I’m ready.
Q. We’re back to Page 1. Thank you. Mr. Arce, do you
recognize this document?
A. Yes, I do.
Q. Is this what I’ll call paper copy, but obviously it’s being
projected electronically, of the TUSD Mexican-American Studies
website?
A. It appears to be so, yes.