[bkepley]

So with the defendents asserting under oath that they never discussed religion

It depends. Maybe they never discussed religion per se in discussing whether ID should be given a place in the classroom. Maybe their arguments at that time were in their opinion based solely on the merits (as they saw it) of ID. If they said "God wants ID in the classroom" it would be pretty open and shut.

[js1138]

It depends. Maybe they never discussed religion per se in discussing whether ID should be given a place in the classroom.

You don't need to speculate about this. Go to the local paper's website and read about the conflicting testimony.