Cruel act or discipline?

When substitute teacher Matthew Konetski taped a second-grade student to his chair two years ago, was it a matter corralling an out-of-control student or discipline gone way too far?

A McHenry County jury being asked to answer that question heard both sides Wednesday during opening statements in Konetski's trial on unlawful restraint and aggravated battery charges stemming from the March 2006 incident.

If found guilty, Konetski could face a maximum sentence of five years in prison, though probation also would be a possibility. His trial is expected to conclude today or early Friday.

Prosecutors Wednesday said Konetski, 32, of South Beloit, "victimized" the special education student at Harvard's Jefferson Elementary School by using masking tape to bind his arms behind his back and cover his mouth when he and a classmate refused to remain seated in class.

"In no way were the defendant's actions justified," Assistant McHenry County State's Attorney Sharyl Eisenstein said. "He was not playing a game. He was punishing an 8-year-old boy who did not want to sit still and be quiet."

But a defense lawyer for the teacher known as "Mr. K" to his students said the substitute was acting within school guidelines and his legal authority by restraining the boys after they repeatedly ignored his directions and caused problems for their classmates.

"Those two boys had carried on, disrupted and endangered other students for at least an hour prior to the occurrence," defense lawyer James Bishop said. "Each time they got up, they wandered around the classroom and disrupted the other kids."

The taping, Bishop said, lasted no more than five minutes and "thereafter, the kids' conduct was pretty good."

The Harvard boy, now 10, later took the witness stand and described the incident for jurors, telling the panel he felt mad about the taping, but admitting he was "messing around" beforehand.

Authorities initially filed a second set of unlawful restraint and aggravated battery charges against Konetski in connection with the second boy taped to his desk, but dismissed them Tuesday. Prosecutors declined to comment on their reasons until after the trial is complete.