The suspended Wisconsin elementary school teacher accused of having sex with an 11-year-old student has demanded that her charges be dropped.
Madison Bergmann, 24, was arrested in April after the parents of the fifth-grader reported her to River Crest Elementary School administrators and police.
On Thursday, Bergmann, who was dumped by her fiancé over her heinous actions, argued that the charges against her should be dropped because the boy’s text messages were not specific enough to prove how they touched each other. New York Post reported.
Bergmann, dressed in light gray pants and a black shirt, appeared in court with her father and looked somber as the judge denied her request.
During the hearing on the motion, more intimate conversations between the disgraced teacher and the student emerged, including that she said she wanted to “lick” the boy’s abs and that she enjoyed touching his chest.
Madison Bergmann, 24, the suspended elementary school teacher accused of kissing an 11-year-old student, appears in court Thursday for her motion hearing
Bergmann wipes away tears as her lawyer argues her charges should be dropped
In one of the recently revealed text messages, the boy allegedly wrote: “You touched my chest very often.”
Her attorney, Joseph Tamburino, argued that his client’s behavior does not mean she sexually abused him, since the fifth-grader used the word “breast” when describing their contact.
“The basis of this motion is that there is no probable cause for the complaint, in one specific area, and that is the area of ’sexual contact of intimate parts,’” Tamburino said.
‘Under Wisconsin law, there must be touching of an intimate body part in order for sexual contact to occur.
“What are those parts? The breast, buttocks, anus, groin, scrotum, penis, vagina or pubic mound of a human being. The law does not say it is the ‘breast’ or the ‘breast area,'” he added.
The judge quickly decided that her 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 laws,” the judge replied.
The judge then read out more texts between the 24-year-old and the 11-year-old, including: “I love having my hand on your chest. I could feel your heart beating hahaha,” Bergmann allegedly texted the boy.
On April 29, the alarm was raised when the boy’s mother heard a phone conversation between Bergmann and the victim.
In response, the student reportedly said, “Haha, it hit me so fast. I was so surprised and I loved it because you kept kissing me.”
“When everyone was cleaning up after the reading, I was standing in the front row and you were too, and I touched your breast,” she is said to have written.
“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 charges of sexual abuse.
Although Bergmann was initially charged with first-degree sexual assault of a child, she was later hit with additional charges, including using a computer to facilitate a child sex offense, exposing a child to harmful descriptions, two counts of child enticement and five counts of sexual misconduct by school personnel, court documents show.
On April 29, the alarm was raised when the boy’s mother listened to a phone conversation between Bergmann and the victim. His father confiscated his phone and discovered sexually suggestive text messages.
In one of the texts, Bergmann told the boy she wanted to “grab his face, push him to the ground and kiss him,” the complaint states.
In another text she reportedly wrote: ‘I almost wanted to kiss you today when you were on the floor but I got distracted by your belly.’
His father confiscated his phone and discovered sexually suggestive text messages between Bergmann and the student
The child’s father then handed over printed text messages between Bergmann and his son to the police and the administration.
During her interrogation by 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, for the winter holidays.
When officers searched Bergmann’s bag, they found handwritten notes from the two, kept in a folder with the victim’s name on it, the complaint states.
“In her notes, she tells him she loves him, wants to kiss him, that he turns her on and that she is obsessed with him,” the complaint said.
Bergmann reportedly wrote in a letter: ‘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 have to stop this as an adult.’
Police also spoke with the boy, who, according to the complaint, “made comments about how much he liked her, how he trusted her, how strange he felt but also enjoyed it.”
When Bergmann was asked about the text exchange between her and the student, she invoked her right to an attorney, the documents said. She was subsequently arrested.
After her arrest, she was suspended from teaching and arrested the same day.
It was later revealed that she had moved his desk out of sight so she could massage his legs during class.
The fifth-grader told investigators that Bergmann massaged his thigh and calves during the tutorial, according to a criminal complaint filed in St. Croix District Court.
The ex-teacher was due to marry her partner Sam Hickman (pictured) in July, but the plans were called off due to what Hickman described as ‘f***** up 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 class since March, that Bergmann was his first kiss and that they had secretly caressed each other, the complaint alleges.
The ex-teacher was due to marry her partner Sam Hickman in July, but the plans were called off due to what Hickman described as “f***** up behaviour” from his now ex-fiancée.
“It’s been postponed indefinitely,” a friend of the couple told the New York Post.
“He’s really hurt. He doesn’t talk about it too much, just like ‘this is f*****d up’. He’s still in shock.
“Not only did she cheat on him, she cheated on him with a small child.”
She has pleaded guilty to all charges and is scheduled to appear in court for her preliminary hearing on October 7. Bergmann faces up to 178 years in prison if found guilty.
DailyMail.com has contacted her lawyer for comment.