Attorney: Sub’s admission he fondled himself in classroom should be tossed out because of ‘mental disabilities’

Credit: DaytonDailyNews

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Fairfield substitute teacher Tracey Abraham appeared in Fairfield Municipal Court for public indecency charge.

Credit: DaytonDailyNews

The attorney for a Fairfield substitute teacher who admitted to police he “fondled himself” in a classroom full of students wants that admission and other statements suppressed “due to mental disabilities.”

Attorney Louis Sirkin field a six-page motion to suppress the Jan. 8 comments made by Tracey Abraham while in custody, claiming they were “taken in violation of the Fifth and 14th Amendments … and in violation of Article 1 Section 10 of the Ohio Constitution.”

Tracey J. Abraham, 41, of Cincinnati
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Tracey J. Abraham, 41, of Cincinnati

“Mr. Abraham was unable to comprehend, process and perceive the charges being alleged,” Sirkin said in his filing. “He further was not only unable to understand the ‘Miranda rights’ but he was not capable to intelligently waive the rights.”

Abraham, of Cincinnati, was charged with public indecency, a first-degree misdemeanor, after a Fairfield school resource officer at Creekside Middle School on Nilles Road received several complaints that he allegedly was fondling himself with students in the classroom.

Students observed the alleged act, according to a video recorded by a 13-year-old female student and posted to social media. No students were involved in the act.

Abraham admitted to police he was looking at explicit images on his cellphone while fondling himself outside his pants, and admitted he “fondled himself four or five times over the course of an hour,” according to the police report. He was never exposed, police said.

Fairfield Municipal Court Judge Joyce Campbell granted a continuance to rule on the motion to suppress on March 21. Fairfield Assistant Prosecutor Patrick Oelrich said he will oppose the motion.

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