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| 9/1/2006 9:27:00 AM | Email this article • Print this article | Monetti hearing moved back to October
Jim Brazda
Reporter
Well, it looks like John H. Monetti, the former New York elementary school principal charged in connection with an alleged relationship with a 15-year-old Washington County girl, will not be returning to Nebraska this month.
Monetti's attorney, Carlos Monzón, filed a motion to continue the preliminary hearing from August 31, to October 26 at 9 a.m. because of a scheduling conflict and to give Monetti "additional time to complete psychiatric testing and further investigate new issues defense's investigation has uncovered."
Monetti, 37, was arrested by Washington County Sheriff's deputies May 29 and charged with felony first degree sexual assault of a minor, felony sexual assault with use of a computer, felony child abuse and third degree sexual assault. He posted $250,000 bail on June 29.
Monzón is scheduled to be in court in Wichita, Kan., for another case and will not be able to make both hearings in the same day.
The defense filed motions in mid-July to subpoena both the 15-year-old alleged victim and Karen Gengenbach, director of guidance for Blair Public Schools. The defense is asking Gengenbach to bring all records in reference to the girl, including psychological and mental health notes.
Washington County Attorney, Shurie Graeve, filed motions to quash the subpoenas and the judge will decide on October 12 whether or not their testimony will be allowed at the preliminary hearing.
Blair Public Schools also filed a motion to quash the subpoena of Gengenbach, stating the requested records are property of the district and are required to be held in strict confidentiality by state statute.
Monzón wrote in a response the defense seeks to call the victim in order to refute the allegation of probable cause and the records at the high school will prove the 15-year-old girl was not mentally or physically incapable of resisting.
According to the search warrant affidavit, the girl's mother told Captain Tom Lamb her daughter is "low level autistic, and that Monetti should have been able to perceive it during any phone conversation." She also said the girl is on medication for the condition and can provide documentation for it.
The purpose of a preliminary hearing is to decide if a crime has been committed, and if so, whether or not there is probable cause to believe the defendant committed the crime.
The motion went on to claim that when Monzón initially contacted Graeve she said she did not believe the 15-year-old girl to be autistic. Monzón also wrote in the motion he had been advised and believes the girl "has recanted to law enforcement the allegations made against the defendant."
Graeve said neither of these claims are true.
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