GLOVERSVILLE — The man accused of subjecting a six-year-old to sexual contact while working as a nurse at Gloversville elementary schools had his case waived to the grand jury following a brief appearance in City Court on Wednesday.
Teddy A. Germain, 46, formerly of 305 Guy Park Ave., Amsterdam, was charged with first-degree sexual abuse, a class D felony, by Gloversville police on Dec. 21 at 2:30 p.m. for allegedly subjecting a child younger than 11 years of age to sexual contact at Kingsborough Elementary School on Dec. 13 while employed as a licensed practical nurse for the Gloversville Enlarged School District.
A felony complaint filed by Det. Sgt. Rick Richardson in City Court on Dec. 21, stated that during normal school hours at Kingsborough Elementary School on Dec. 13, Germain “did go beyond the scope of his duty” as an LPN by touching the genitals of a six-year-old and “knowing that he is not licensed to do so.”
A statement released by the school district on the day of Germain’s arrest said the district alerted police immediately after learning of the allegation and placed the man on administrative leave. The statement also said Germain was no longer employed by the district.
Germain turned himself in to the Gloversville Police Department on Dec. 21 after a warrant was issued out of City Court. He was arraigned by City Court Judge Traci DiMezza and remanded to the Fulton County Correctional Facility on $50,000 cash bail or $100,000 bond. Germain was released on bail on Dec. 22.
Germain reappeared in City Court before DiMezza on Wednesday, stating his address for the record as 117 Fremont St. in Gloversville.
Germain was joined in court by his attorney John Casey of Albany who requested that the case be waived to the grand jury.
“I think for efficiency that will be the best route to go,” Casey said.
Casey said that discussions with the Fulton County District Attorney’s Office since Germain’s last court appearance on Jan. 2 had not resulted in any agreements, noting his intention to continue the discussions while awaiting grand jury action.
DiMezza granted Casey’s request to divest the matter to the grand jury by waiver concluding Wednesday’s proceedings.
Casey initially asked to waive the matter to the grand jury during Germain’s Jan. 2 court appearance, ultimately requesting a one month adjournment after DiMezza pointed out that an adjournment would provide him time to conduct preliminary discovery and to negotiate with the district attorney.
During last month’s appearance Casey also motioned to dismiss the felony complaint against his client for “facial invalidity” and for a bail reduction.
Casey argued that the felony complaint failed to provide probable cause as it failed to state the information or source of information on which it was based and appeared to allege Germain committed professional misconduct by going beyond the scope of duty, rather than first-degree sexual abuse.
Fulton County Assistant District Attorney Amanda Nellis responded to the motion, saying the complaint was sufficient as there is no requirement that anything be attached to a felony complaint.
DiMezza then informed Casey that he could file a written motion for court consideration, noting the case law he cited applies to misdemeanor level offenses that require supporting depositions and allegations of fact.
“Those rules do not apply to a felony complaint, because of course the defendant has the right to demand and request a felony hearing,” DiMezza stated.
Ultimately, Casey did not file a written motion seeking to dismiss the felony complaint.
However, Casey did file a written motion in City Court on Jan. 7 requesting that Germain’s bail be reduced or eliminated. Casey had argued on Jan. 2 that Germain’s family raised the $50,000 cash bail on which he was released under “stringent conditions” by borrowing the money.
DiMezza denied Casey’s motion for a bail modification in a written decision issued on Jan. 31 in which she notes that an order of bail or recognizance is determined based on restrictions required to secure court attendance, character, reputation, habits, mental condition, employment, financial resources, family ties, length of residence in the community, criminal record, weight of evidence and other factors.
The decision notes that Germain faces up to seven years in prison if convicted on the charge he currently faces, he has not lived in Fulton County for the past five years, his lease in Amsterdam was terminated and he is currently living with his parents and his employment history is “unsubstantial and inconsistent.”
Prior to his employment by GESD, Germain had not worked full-time since 2008 and between 2008 and 2016 he maintained only part-time employment from 2010 to 2015.
DiMezza also states that Germain did not post any portion of the bail himself, “leaving little financial incentive for the defendant to continue to appear and immunizing the defendant from any personal financial consequence for failing to appear.”
She concludes, “These compelling factors, taken together with the fact that the cash portion of the bail has been posted, which leads to the presumption that bail was fair, reasonable and capable of being satisfied, defendant’s motion for a modification of bail is hereby denied.”
