A suspended Wisconsin elementary school teacher accused of kissing an 11-year-old student is demanding the charges be dropped.
Madison Bergmann, 24, was arrested in April after the fifth-grader’s parents reported her to River Crest Elementary School administrators and police.
On Thursday, Bergmann, who was dumped by her fiancé over her repulsive actions, claimed the charges against her should be dismissed because the boy’s text messages were not specific enough to prove how they touched each other. The New York Post reported.
Bergmann, dressed in light gray pants and a black shirt, appeared in court with her father and appeared dejected after a judge rejected her request.
During the motion hearing, more intimate messages between the disgraced teacher and the student revealed that she allegedly said she wanted to “lick” the boy’s abs and that she liked to touch his chest.
Madison Bergmann, 24, the suspended elementary school teacher accused of kissing an 11-year-old student, is due in court Thursday for her motion hearing.
Bergmann is seen wiping away tears as her lawyer argued that her charges should be dropped.
In one of the newly revealed text messages, the boy allegedly wrote: “You were touching my chest a lot.”
Her attorney, Joseph Tamburino, argued that his client’s behavior does not mean she sexually assaulted him because the fifth-grader used the word “breast” when describing their mutual touching.
“The basis of this motion is that there is no probable cause in the complaint, in one specific area, and that is the area of ’sexual contact of private parts,'” Tamburino said.
‘Under Wisconsin statutes, there has to be contact with an intimate part for sexual contact to occur.
“What are those parts? The breast, buttocks, anus, groin, scrotum, penis, vagina or pubis of a human being. The statute does not say it is the “breast” or the “breast area,” he added.
The judge quickly decided that his lawyer’s argument would not change his mind about the charges against Bergmann.
“It would be absurd to require a child to use the same language that the state legislature has chosen for our statues,” the judge responded.
The judge proceeded to read more text messages between the 24-year-old and the 11-year-old, one of which read: “I love having my hand on your chest. I can feel your heart beating so much lol,” Bergmann allegedly sent to the boy.
On April 29, the alarm went off when the boy’s mother overheard a phone call between Bergmann and the victim.
In response, the student reportedly said: “Haha, it was beating so fast. I was so surprised and I loved it because you kept kissing me.”
“When everyone was cleaning up after reading, I was standing in front and so were you, and I touched your chest,” she allegedly wrote.
‘When I grabbed your shirt and pulled you towards me, oh my god… I want to lick your abs haha.’
The judge ultimately ruled that the word “breast” does not exempt Bergmann from being charged with sexual assault.
Although Bergmann was initially charged with first-degree sexual assault of a child, she was charged with additional charges including using a computer to facilitate a child sex crime, exposing a child to harmful descriptions, two counts of enticement of a child and five counts of sexual misconduct by school personnel, according to court records.
The alarm was raised on April 29 when the boy’s mother overheard a phone call between Bergmann and the victim. His father confiscated his phone and discovered text messages containing sexual content.
In one text, Bergmann told the boy that he “just wanted to grab (his) face, push him to the ground and kiss him,” the complaint states.
In another text, he allegedly wrote: “I almost kissed you when you were on the floor today but got distracted by your stomach.”
Her father confiscated her phone and discovered sexually explicit text messages between Bergmann and the student.
The boy’s father later turned over printed text messages between Bergmann and his son to authorities and administrators.
During her interview with police, she told authorities that the victim’s mother allegedly gave her the student’s phone number after the family invited her to Afton Alps, a ski resort, during winter break.
While searching Bergmann’s purse, officers found handwritten notes between the two stored in a folder emblazoned with the victim’s name, according to charging documents.
“In her notes she tells him that she loves him, that she wants to kiss him, that he turns her on and that she is obsessed with him,” the complaint states.
In one letter, Bergmann reportedly wrote: ‘One of my cousins is in the fifth grade and I can’t imagine a man talking to her the way we talk. I know we have a special relationship and I love you more than anyone in the world, but I need to be an adult and stop.
Police also spoke to the boy, who “made comments about how he really liked her, that he trusted her, that it felt weird but also that he liked her,” according to the complaint.
When questioned about the text message exchange between her and the student, Bergmann invoked her right to an attorney, according to the documents. She was then arrested.
Following her arrest, she was suspended from her teaching duties and taken into custody the same day.
It was later revealed that she allegedly moved his desk out of sight so she could rub his legs during class.
The fifth-grader told investigators that Bergmann rubbed his thigh and calves during independent reading time, according to a criminal complaint filed in St. Croix District Court.
The former teacher was due to marry her partner Sam Hickman (pictured) in July but plans were called off due to what Hickman described as “disastrous behaviour” from his now ex-fiancée.
Following her arrest, she was suspended from her teaching position at River Crest Elementary School (pictured) and taken into custody the same day.
The boy also told investigators that they had kissed several times in the classroom since March, that Bergmann was his first kiss and that they secretly fondled each other, according to charging documents.
The former teacher was due to marry her partner Sam Hickman in July, but plans were scrapped due to what Hickman described as “shit behaviour” from his now ex-fiancée.
“It has been postponed indefinitely,” said a friend of the couple. The New York Post.
“He’s very, very hurt. He doesn’t talk about it too much, he just says ‘this is shit’. He’s still in shock.
“Not only did she cheat on him, but she cheated on him with a little boy.”
Bergmann pleaded guilty to all charges and is expected to appear in court on October 7 for her preliminary hearing. If convicted, she faces up to 178 years in prison.
DailyMail.com has contacted his lawyer for comment.
