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Substitute teacher accused of sex with 2 students seeks insanity plea

Published: Wednesday, December 13, 2017 @ 10:24 AM

Madeline Marx plans to submit motions seeking competency and a plea of not guilty by reason of insanity. Marx, a former substitute teacher, is accused of having sexual contact with two Kettering Fairmont High School students.

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.

RELATED: Substitute teacher indicted on student sex charges enters plea

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.

RELATED: What we’ve learned about Madeline Marx

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.

RELATED: Sex with student cases swamp area schools

“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.

RELATED: Middle school teacher Jessica Langford accused of having sex with 14-year-old student

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.

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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.

MORE: Read other stories from Mark Gokavi

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Florida woman, 81, smashes car into McDonald's: 'Glass flew everywhere'

Published: Tuesday, January 23, 2018 @ 1:54 AM

Woman Smashes Car Into McDonald's Window

An 81-year-old woman suffered minor injuries after she lost control of her Toyota Solara and backed into the glass windows of a McDonald’s west of Boynton Beach, Florida, according to the Palm Beach County Sheriff’s Office.

>> Read more Floridoh! stories 

The woman will be charged with careless driving, PBSO spokesperson Teri Barbera said Monday.

>> On PalmBeachPost.com: PHOTOS: A history of cars crashing into things in South Florida

The crash happened around 3:30 p.m. at Military Trail and Boynton Beach Boulevard when the woman backed up and inadvertently drove through the window.

“Glass flew everywhere,” said a witness, who said she was drinking a soda inside when the car plowed through the window.

>> Read more trending news 

The witness, who asked not to be identified, said the glass cut her fingers. She said the driver then drove forward and hit her parked Volkswagen. The driver continued about 150 feet and hit a tree next to a canal, Barbera said.

A McDonald’s representative declined to comment. The store and drive-through remain open.

Flares, not improvised explosive devices, ignited at Florida mall, FBI says

Published: Monday, January 22, 2018 @ 9:33 AM
Updated: Monday, January 22, 2018 @ 1:04 PM

FBI Says Flares Ignited At Florida Mall

 

Lake Wales police are searching for those responsible for igniting two marine flares Sunday evening near the entrance of the JC Penney at the Eagle Ridge Mall Sunday evening.

>> Read more trending news

Firefighters responded to reports of an explosion at the mall on 451 Eagle Ridge Drive around 5:20 p.m.

Firefighters initially said that an improvised explosive device had been detonated in a corridor located next to the mall entrance of JC Penney.

The FBI later determined that there was no explosion and no pipe bombs were discovered. Officials also said that the incident didn’t appear to be terrorism-related.

"It appears two items, believed to be marine flares, were ignited in a mall hallway, creating a large amount of smoke, and a backpack was located at the scene," said Andrea Aprea, an FBI spokeswoman. "Bomb technicians examined the contents of the backpack and determined it did not contain any incendiary or explosive devices."

A witness who called 911 told WFTV that she heard a fire alarm sound and saw orange smoke billowing from an object.

The mall was evacuated. No one was injured, but a ceiling and a wall were damaged by the flares, officials said.

After speaking with witnesses, police said they are looking for a person of interest described as a stocky, middle-aged white man wearing a gray shirt and a hat.

Detectives said they will review surveillance footage recorded at a jewelry store in the mall.

The investigation is ongoing.

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Montgomery County inmate found dead in jail cell

Published: Monday, January 22, 2018 @ 4:45 PM

Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE
Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE

An inmate died in the Montgomery County Jail early Monday from undetermined causes, according to the Montgomery County Sheriff’s and Coroner’s offices.

Dillon Abplanalp, 28, was found unresponsive at 4:17 a.m. and could not be revived by Dayton Fire Department EMS crews. He was pronounced dead a short time later by the county coroner, said Maj. Matt Haines, the jail administrator.

Haines said Abplanalp was discovered by a corrections officer during an inmate count and wellness check. The officer called for a supervisor and medical personnel, he said.

MORE: Jail body scanners: What do they see and how do they see it?

The Montgomery County Coroner’s office conducted an autopsy Monday, but a cause and manner of death were not yet determined, a spokesman said. Toxicology results are also pending.

During the last six years, at least five other inmates have died in the jail or in a hospital shortly after being removed from the jail, according to Daily News records.

MORE: Justice in the Jailhouse

Haines said Abplanalp’s death did not appear to be caused by drugs smuggled into the jail, a constant threat that led the jail to recently install a full-body scanner that will soon become operational.

RELATED: Montgomery County Jail body scanner ‘going to be a busy machine’

“I have no reason at this time to believe it was an overdose,” Haines said. “It appears to have been a medical emergency. There may have been multiple factors.”

TRENDING: Lead in Ohio schools: What we know now

Abplanalp was confined in a cell by himself on the first floor, making it unlikely another inmate had a role in the death, Haines said.

“There was nothing in there to make it look like a suspicious death,” he said.

Closing arguments Tuesday in Montgomery County Jail mattress lawsuit

Published: Monday, January 22, 2018 @ 3:47 PM


            David Cooper
David Cooper

The civil lawsuit of a former Montgomery County Jail inmate who was denied a mattress could reach a federal jury Tuesday.

Testimony wrapped up just after noon in David O. Cooper’s lawsuit against Montgomery County in Dayton’s U.S. District Court.

RELATED: Inmate slept on toilet; jail staff hoped to protect him from himself

U.S. District Court Judge Walter Rice released jurors until Tuesday morning, when Rice said jury instructions and closing arguments will commence.

Defendants rested earlier Monday before Cooper took the stand as a rebuttal witness. His attorney, John Helbling, asked Cooper about the conditions of his stay including how often he was able to shower, what the meal schedule was and the night he and other inmates in the holding cells were given hard mats.

RELATED: Jury selected in federal jail mattress case

Cooper said the mat he received in late September or early October 2012 was inflexible and had no stitching. Cooper also said he never tried to harm himself with the mattresses he had while in general population.

The defendants include Montgomery County, former jail commander Major Daryl Wilson and Capt. Chuck Crosby. Helbling suggested in opening statements that if jurors found the county liable that they could reward damages between $3 million and $4 million.

Court documents indicate the county argues that Cooper’s incarceration conditions do not rise to liability.

RELATED: Trial to start of inmate suing for not getting mattress in jail

The civil lawsuit is the first of several filed against jail staff in recent years for alleged abuse and/or neglect to go to trial.

Four other cases have settled for $888,000 plus the county spent another $444,000 on outside legal counsel and litigation costs, according to county records. Other cases are pending.

RELATED: County spending on lawsuits passes $1 million

JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails

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