Judge postpones trial of Linwood teacher accused of assault in chair-kicking incident

Kimberly Peschi’s attorney Robert Agre, left, speaks with investigator Cliff Goldsmith, who is now tasked with additional interviews based upon the newly received evidence.

The ongoing trial of a teacher accused of hurting a student when she allegedly knocked him down in his chair was delayed Friday.
Kimberly Peschi, 40, is charged with simple assault for the Feb. 9 incident at Belhaven Middle School.
Friday was supposed to be the second day of her trial in Northfield Municipal Court, but her attorney instead asked the judge to declare a mistrial because they had just received the school’s investigative records earlier in the week.
As a result, the state added Principal Susan Speirs to its witness list.
Peschi’s attorney, Robert Agre, said he did not have enough time to prepare his defense against the additional information.
Chief Assistant Prosecutor Seth Levy said the additional information “is not voluminous by any stretch,” and that the new information was not intentionally left out.
Judge Timothy Maguire said he would not grant a mistrial for “an administrative snafu,” but that he would adjourn the trial for 30 days to allow the defense time to prepare.
Two teachers who testified on the first day of trial in December are also mentioned in the investigation, and may be recalled, Maguire said.

Linwood teacher goes on trial for simple assault in chair-kicking incident