Substitute teacher indicted on student sex charges enters plea

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Substitute teacher indicted on student sex charges enters plea

A substitute teacher indicted on sexual battery charges involving two minor Kettering Fairmont High School students pleaded not guilty Thursday and will remain free as the case continues.

Madeline Marx, 23, of Brookville, appeared for about two minutes in Montgomery County Common Pleas Court. Judge Timothy O’Connell entered the pleas on both counts while Marx stood silent with her attorney, Keith Fricker.

O’Connell set bond at $50,000 and said Marx will continue to be free on conditional own recognizance, which Fricker told this news organization requires his client to remain living with her parents.

O’Connell set the next court date as Dec. 13, a scheduling conference with Judge Steven Dankof, to whom the case has been assigned.

“The judge will ask us if we have made our decision if we’re setting it for trial or whether there’s any motions to be filed – something of that nature,” Fricker said.

Marx appeared in Kettering Municipal Court Nov. 13 on the sexual battery charges. She pleaded not guilty through Fricker.

Marx has served as a substitute teacher in the Kettering and Oakwood school districts, according to both districts. The Nov. 16 indictment alleges both counts occurred while she was working at Fairmont.

One of the acts occurred between May 1 and Sept. 1 of this year while the second charge states the other act occurred later, between Sept. 1 and Sept. 30, according to the indictment.

Fricker said he had just picked up a copy of the indictment Thursday morning and had not “fully evaluated it.”

The indictment against Marx does not state any ages or genders of the students in that case. However, municipal court records indicate the allegations involve two males, 16 and 17 years old.

The indictment against Marx - in both criminal counts - states “the offender was a teacher, administrator, coach or other person in authority employed or serving in a school….and the other person is enrolled in or attends that school.”

Fricker said he has yet to see any of the prosecution’s evidence, but hopes to have it by the end of this week.

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 the complaint, affidavit and statement of facts filed in Kettering Municipal 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, municipal court documents show.

Marx was removed from Fairmont’s building Nov. 8 by police.

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