The former Linwood music teacher convicted in September of simple assault of a student and ordered to give up her public position is hoping to overturn the judge’s decision.
“Yes, she has appealed both her conviction and the forfeiture of office,” said attorney Robert Agre, who is representing Kimberley Peschi in her appeal.
Agre declined to comment further, saying he was saving his comments for the oral arguments scheduled before Judge John R. Rauh in February. Atlantic County Prosecutor Damon G. Tyner also declined to comment.
Nearly two years ago, Peschi, 42, of Galloway, was charged after a Belhaven Middle School student she was supervising during lunch in the cafeteria fell back in his chair and hit his head on the floor. The student was not severely injured. The Atlantic County Prosecutor’s Office pursued the charges due to surveillance video showing Peschi moving behind the student, who was leaning back in the chair, and kicking the chair, causing it to fall.
Northfield Municipal Judge Timothy Maguire found Peschi guilty in May after a two-day trial that stretched on for four months.
This fall, Peschi was ordered by Presiding Municipal Judge Louis Belasco to forfeit her public employment. He said Peschi’s actions that day “went well beyond corrective behavior.”
Tenure charges filed by the Linwood Board of Education against Peschi are pending in the state.