Casper attorney seeks dismissal of charges

The attorney for suspended Suring School District Superintendent Kelly Casper attempted to have felony charges against her dismissed before she even made her initial appearance in Oconto County Circuit Court.

Casper, 51, of Coleman, faces six counts of false imprisonment for allegedly making six girls strip to their underwear during a Jan. 18 search for vaping devices on school property.

She is scheduled to make her first appearance at 10 a.m. March 23 before Judge Michael T. Judge.

Defense attorney Corey Chirafisi of Madison filed a motion to dismiss the charges on grounds the criminal complaint does not meet the five required elements for Casper’s alleged actions to comprise false imprisonment under state statutes.

The state must prove that the defendant confined or restrained each student, did so intentionally, without the students’ consent, without legal authority and with full knowledge that neither consent was given nor did she have authority to do so, Chirafisi said.

The defense motion argues that the students were directed to a small bathroom to remove their clothes not for the purpose of confinement, but for the sake of the students’ privacy. If the notion that they were not confined is accepted, then Casper does have the legal authority to remove a student from the classroom for violating the code of classroom conduct, Chirafisi said.

Chirafisi had also asked for postponement of the March 23 court appearance because he plans to be out of state for about three weeks beginning March 24. District Attorney Edward Burke opposed any delay, saying the families of the alleged victims objected. Burke said he was not opposed to Chirafisi attending the hearing via telephone or video conference.

The Suring School Board suspended Casper with pay on March 2 after a number of parents complained and board members discussed the allegations in a closed session. On March 9, the board hired retired Gillett and Shawano superintendent Todd Carlson to serve as interim superintendent.