The former Missouri Veterans Commission ombudsman suing the commission and its director for sexual harassment, and sex and age discrimination spent most of Tuesday on the witness stand in the second day of the trial.
Pat Rowe Kerr answered questions from Assistant Attorney General Douglas Leyshock, who is defending Larry Kay, executive director of the commission.
"Executive directors have the ability to steer or guide their offices their way, wouldn't you say?" Leyshock asked Kerr.
"I guess," she answered.
"And you would say executive directors are empowered to make decisions," Leyshock asked.
"Based on the law, " Kerr replied.
Kerr's lawsuit said she was singled out for dismissal because she'd questioned some decisions by the commission and Kay.
However, Leyshock noted Kerr's job classification showed she was a non-merit employee.
"That means you work at will," Leyshock asked Kerr.
"Yes," she replied.
"When you testified Monday about the disagreement you had with Mr. Kay over the split of the ombudsman and outreach programs, they were commission programs not your programs," Leyshock asked.
"Correct," Kerr responded.
Leyshock said Kerr never filed a complaint against Kay prior to her termination.
"If I had, it wouldn't have done any good," she replied.
Leyshock also noted records showed Kerr had completed mandatory sexual harassment training so she was aware of state procedures if such incidents occurred.
Leyshock went through several communications between Kerr and Kay where the two were supportive of each others' efforts at the commission. Leyshock also showed several emails Kerr had sent out, showing she knew there was a budget crisis in state government prior to when she was terminated in November 2009 and that she was trying to find a new job.
In a 2009 News Tribune story, Kay had said the reason Kerr was let go was due to her "senior outreach adviser" job being one of three positions cut in the commission's budget.
Earlier Tuesday, Kerr's lawyer, Jerome Dobson, asked her how Kay had made remarks about her age. She noted he didn't like women with white hair and he told her she could "use her senior discount in restaurants now."
Kerr was 56 at the time of her dismissal.
Kerr testified it took her 2 years after her termination before she could get a job at the Fulton State Hospital, which allowed her to put in the four months of work she needed to qualify for retirement from the state. She testified Kay had blocked attempts she had made to do work for other veterans groups.
Leyshock showed the jury Kerr's resume; the top name listed as a reference was Kay.
When Leyshock asked if there was ever any romantic relationship between herself and Kay, Kerr said no. She acknowledged there were times she had told Kay she did love him. However, she testified it was not a romantic love, but a "faith-based" love for him and all she worked with at the commission.
Tuesday's court proceedings concluded with video testimony from Col. Rebecca Segovia, of the Missouri National Guard. She had worked with Kerr in efforts to aid veterans and served under Kay when he was commanding general of the Guard troops serving in Kosovo from 2008-09.
She testified there were occasions where Kay had replaced female officers with male officers.
"Kay acted in an abusive or inappropriate manner on many occasions when dealing with female officers," Segovia testified. "He wouldn't let them completely answer questions, was very dismissive to them and the male officers were given more respect."
Segovia also said Kay would use his physical size to intimidate female soldiers and told troops he would "make it personal" if things weren't done to his satisfaction.
She was also asked if she had seen Kay treat Kerr in this way, and she noted two incidents at veterans listening posts that took place in Columbia and Mexico in 2009, not long before Kerr was terminated.
"Kay would glare at her," Segovia said. "She would have answers to veterans' questions that Kay's staff didn't have. She never showed disrespect for him that I saw."
Testimony in the case is expected to continue through next week.
Previous coverage:
Kerr's harassment suit spills into court, July 12, 2016
Pat Rowe-Kerr sues Veterans Commission, Kay on several issues, July 26, 2011