Another Dropped Prosecution in Bennett Pre-School Student Physical Abuse Cases

The first of two scheduled felony trials on Child Cruelty charges against former Hilda J. Barbour pre-school teacher Kayla Ann Bennett scheduled for Warren County Circuit Court this week followed the pattern of earlier, related misdemeanor Assault and Battery charges — it was dismissed (Nolle Prosequi) by the prosecution. The most recent dismissal came on Monday, April 1, the day prior to the scheduled trial. Warren County Commonwealth’s Attorney John Bell explained the “nul pros” as a result of the continued absence of a pivotal prosecution witness out of state, coupled with issues of running past prescribed time-frames for a defendant’s right to a “Speedy Trial” resolution of charges against them.

Witness availability and speedy trial statutes have impacted prosecutions in the cases of undue physical contact with students brought against former Hilda J. Barbour pre-school teacher Kayla Bennett. Royal Examiner File Photo

That missing prosecution witness is a teacher’s aide who is believed to have witnessed incidents of harsh treatment of two children in Bennett’s classroom. Bell said the witness is slated to return to the area tomorrow, Wednesday, April 3. So, the second scheduled felony Child Cruelty trial of Bennett slated for Thursday, April 4, was still on as of Tuesday morning, Bell said.

Bell explained the surviving felony charges the prosecution chose to focus on due to earlier witness availability or other issues revolving around four related Assault and Battery misdemeanor charges, were divided by two separate victims. Bennett taught a pre-school class of 20 children ages 2 to 5, with most children 3-to-4 years old. Half of Bennett’s class were considered Special Needs students.

As previously reported by Royal Examiner, past courtroom discussion and related filings and public school releases on the allegations indicated the charges revolved around a parental belief Bennett may have initiated undue physical contact with two of her special needs, pre-school students aged 3 to 4 years, with the incidents occurring “between January 4 through May 5” of 2023. It appears the incidents the felony charges involve came at the later end of that time-frame, in April to May of last year. Public School system administrators said they were made aware of the allegations on May 4, 2023. The grand jury returned indictments on June 12. Bennett was initially charged on a total of six counts, two felony counts of Cruelty/Injure a Child and four misdemeanor charges of Assault and Battery.

As Royal Examiner reported in the wake of earlier motions being filed and responded to after charges were filed: “Citing the age of his client’s former students as 3 to 4 years old, defense counsel Thomas Plofchan may have hinted at one possible defense claim at trial. Illustrating a point in reaction to sections of the Assault and Battery code as ‘rude and unwanted touching’ the defense attorney noted that a teacher grabbing and jerking a youngsters arm to pull the child away from a doorway it was standing in that was about to be slammed shut by another student, could be interpreted by the grabbed student as ‘rude or unwanted touching’ without realizing the context of the teacher’s intervention to prevent a potential injury.”

It appears we will find out if such evidentiary testimony finally comes into play at trial on Thursday.