Waukesha day care abuse defendant seeks to sever case

WAUKESHA, Wis. - One of the defendants in a Waukesha day care abuse case is asking the court for her case to be tried separately from her co-defendant.

Kathryn Ascher, 52, is charged with failing to prevent child abuse. Ascher was the assistant director at the Lawrence School when it was raided by police in September 2022, as a part of a child abuse investigation.

Kathryn Ascher and Annemarie Fraker

Infant room teacher Heather Miller, 49, was charged the day after the raid with child abuse. Ascher and another former Lawrence School employee, Annemarie Fraker, were charged this past January with failure to prevent child abuse.

On Wednesday, Ascher’s attorney filed a motion to sever Ascher’s case from Miller, arguing that trying them together would be prejudicial against his client.

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"I am informed and believe that there are numerous allegations against co-defendant Heather Miller, that may be considered other acts," wrote Ascher’s defense attorney Peter Wolff. "That in preparation for this case, I believe there is substantial public interest in this case, particularly against Ms. Miller, and that there will be emotional testimony that may be admissible against Ms. Miller, but not against Ms. Ascher."

On Monday, Fraker’s attorney said he also intends to seek the court to sever his client’s case from Miller.

Prosecutors say a person witnessed Miller put mattresses in front of a boy's crib to block it from security cameras, picked up the boy and "slammed him face down into the crib" so hard the boy’s body bounced up and down, and held the boy into the mattress to the point he struggled to breathe.

Prosecutors say witnesses complained to managers about Miller, her actions, but did nothing.

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During a hearing Monday, Waukesha County Assistant District Attorney Kristina Gordon said she intends to present other acts evidence in Miller’s case.

Attorneys for Ascher and Fraker said they hope to come to a plea agreement with prosecutors, ahead of the January trial date.