NEW BRUNSWICK — The Middlesex County Prosecutor’s Office will appeal a Superior Court judge’s dismissal of a case against a Piscataway school teacher who was about to go on trial on a charge of official misconduct for having sexual relations with an 18 year-old female student, Middlesex County Acting Prosecutor Andrew C. Carey announced Tuesday.
Superior Court Judge Bradley J. Ferencz dismissed an indictment charging Adrian McConney, 36, of Piscataway with a single count of official misconduct.
The judge ruled that since the unauthorized act between the student and the teacher was not unlawful, the official misconduct charge could not stand.
Carey argues that McConney had sexual relations with the student and therefore received a benefit as a public employee for committing an unauthorized act in violation of the official misconduct law.
“A teacher had sex with a public school student. This conduct, as determined by our legislature, is illegal. In light of the serious nature of the charge, we are appealing the judge’s erroneous decision,” Carey said.
McConney, a physical education teacher and girl’s soccer coach, was arrested at his home on April 12, 2013 and was charged with the second degree offense after police investigators determined he had sexual relations with the student in February 2013.
McConney is presumed innocent until proven guilty.
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