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WIDENER
UNIVERSITY
SCHOOL
OF
LAW
IN
THE
MA
TIER
OF
Professor Lawrence
J.
Connell
SECOND AFFIDAVIT
OF
SAMUEL
ELBARDISSII
State
of
DelawareSS
County
of
New Castle
I,
Samuel Elbardissi, having been duly sworn, hereby depose and state as follows.I. This affidavit is based upon my personal knowledge. I am competent to testify.2.I
am
currently a fulltime student
at
the Widener University School
of
Law inWilmington, Delaware.
3.
I have been at Widener University School
of
Law since August
0[2009
,when I
started
my
law school education.4. I have accumulated,
over
that time,
fifty
(50) credit hours towards my degree andhave secn multiple classroom dynamics from multiple Widener Law professors.
5.
I have read the entire 39-page First Affidavit
of
Lawrence
1.
Connell (hereinafter"LC's Affidavit").
FALL 2010
BACKGROUND
6. On September
17
th,
2010, I was injured on Widener's property which required me toundergo surgery for a broken ankle.
7.
The surgery was conducted on October 5
th,
2010. I had
to
miss two classes for thesurgery and others, based on the pain I was in.
I I previously submitted an affidavit dated March 14,
201
I
in
this
maUer
.Paragraphs 13-20 have been added tocorroborate the affidavit
of
Daniclle
Oppenheim"
Otherwise, the affidavit
is
the same
as
the previous affidavit thatI submitted,renumbered accordingly.
~
"'"
 
CRIMINAL
LAW
SPRING
2010
8.
In the spring of201O,I was enrolled
in
Professor Stephen
E.
Henderson's CriminalLaw class.
9.
Our class used as our text, Kaplan, Weisberg and Binder, Criminal Law: Cases andMatenals (6th ed.).
10.
Our class discussed the case
of
People
v.
Goetz.
As
a class, we were told about thenotoriety
of
the case and that the four youths were African-American. Whether theconduct was "reasonable," as per the requirements
of
Goetz'justification defense,was a question
of
fact based on the circumstances. The question that caused the mostcontroversy was whether reasonable entailed an "objective"reasonable person
or
reasonable to Goetz, where the latter takes into account who Goetz was and whatGoetz had undergone to create, in his mind, the notion that the conduct wasreasonable. Although I was not in Professor Connell's class,the classification as to what happened
in
that respective class when Goetz was decided is similar to the class
I
was in. The fact that the case did not state that the youths were black was integral indetennining the mindset
of
Goetz when one has to apply the"reasonable to Goetz"test.
II
.The Goetz case lasted the full class.
It
sparked question that lasted a significantduration
of
the total class time. I was not offended, and to the best
of
my
knowledge,the students did not take issue with the same facts regarding the same case about theexact same material during the exact same school semester.
CRIMINAL
PROCEDURE
SECTION
B
FALL
2010
12.
In the fall semester 2010, I was enrolled as a student in Professor Connell's CriminalProcedure Section B
dass.
2
 
INVESTIGATIONS
DURING
TilE
SEMESTER
13. Prior to the Thanksgiving break, I had a conversation with a fellow student, DanielleOppenheim.14. During that conversation, Danielle told me that she had been called on her cell phone
by
Vice Dean Kelly to set up a meeting for the f01l0wing Monday.She told me thetopic
of
he impending conversation was Professor Connell and that she was told notto discuss the impending meeting with anyone.15. Daniene told
me
not to tell anyone which,until now, I have not done.16. On the Monday following the meeting, which was days before the Thanksgivingbreak,Danielle had another conversation with
me
detailing the substance
of
themeeting.17. Danielle told
me
the conversation with Vice Dean Kelly centered around ProfessorConnell's inappropriate behavior, namely, sexist and racist comments.18. Danielle's responses,
as
Danielle told me on that day. were glowing regardingProfessor Conoe1l as a teacher and his teaching style. In regards to potentially sexistand racist remarks, Danielle said that she did not see any
of
his remarks being capable
of
being categorized as such.
She
mentioned a student -a female -whoseinteractions in Danielle's section A class would have totally discounted any sexistassertions.19. Danielle told
me
that Vice Dean Kelly. upon concluding the meeting, toM her that themeeting was not to
be
disclosed to anyone. This point was reiterated a few times, as Iwas told
by
Danielle.20. Danielle proceeded
to
tell me not to disclose what she told me to anyone. Up until thepreparation
of
his document,I have abided
by her
wishes.3
of 00

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