The Kettering Fairmont High School substitute teacher accused of having sexual contact with two students plans to submit motions to determine her competency and fitness to enter a plea of not guilty by reason of insanity.
Madeline Marx, 23, appeared Wednesday in Montgomery County Common Pleas Court. Pending the motions being filed and a doctor conducting the exam, Marx’s scheduling conference was continued until Jan. 31.
Attorney Keith Fricker told Judge Steven Dankof he was going to file the competency and NGRI motions in the next couple days.
Fricker told Dankof he had arranged for a doctor to do the exam and if prosecutors object, he would work with them to find a replacement.
Before the hearing, Marx was dabbing her eyes and was comforted by a woman who came with her to the hearing. During it, she had tissues with her while at the podium.
“Ms. Marx, hang in there, OK, you’ll get through this,” Dankof said. “You’ll be all right.”
Marx is charged with two counts of sexual battery. Both counts are third-degree felonies and punishable by sentences of up to 9 to 36 months in prison.
A 17-year-old student told police he was given oral sex by a teacher July 19 in the parking lot of Big Lots on Wilmington Pike, according to a complaint, affidavit and statement of facts filed in court.
A 16-year-old boy told police he had intercourse with a substitute teacher Sept. 21 in the parking lot of an apartment complex on Smithville Road, according to court documents.
Marx was removed from Fairmont’s building Nov. 8 by police. Marx admitted to having sexual relationships with multiple students, according to court documents.
Marx also was a substitute teacher for Oakwood schools, but officials there say there hasn’t been any complaints about her.