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Teacher Accused Of Abuse Will Face Two Trials

Thursday, March 3, 2005 – updated: 4:47 pm EST March 3, 2005

CHARGES: Court Document Listing Formal Charges (PDF file)
SCHOOL REPORT: Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 (all PDF files)
ARREST REPORT: Kathy Garrett Arrest Report (PDF file)
LETTER: Teachers' Union Responds To Parent Who Complained (PDF file)

SEMINOLE COUNTY, Fla. -- For the first time, a Seminole County teacher, accused of abusing autistic students, appeared before a judge. And, Channel 9 has learned, that teacher will go through two trials.

Kathleen Garrett
Kathy Garrett hardly said a word while she was in court to face aggravated abuse charges. She showed up Thursday in court and watched as her attorney failed at getting any charges against her dropped.

The former special education teacher had nothing to say to reporters Thursday as she arrived in court for the very first time, facing aggravated child abuse charges.

Judge Kenneth Lester listened to a variety of defense arguments, denying a motion to dismiss charges after Garrett's attorney tried to argue that what she's accused of isn't child abuse under Florida law.

Judge Lester didn't buy it, but attorney Tom Egan was successful in getting Garrett two separate trials. He argued that an incident where a student had two teeth knocked out happened three years before the other alleged incidents.

But also Thursday, prosecutor Donna Scott told the judge the state now has a witness who saw Garrett knock the child's teeth out through a window. They say every charge they've filed constitutes child abuse.

"And we're not saying that this was just punishment, we're saying this was excessive punishment, which is child abuse," Scott said.

After the one-hour hearing, Garrett left the same way she arrived, silently. The trial is expected to begin in the summer, but maybe not in Seminole County. Her attorneys have also filed a motion to move the trials to another county.

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