FREEHOLD – The defense attorney for Allison Havemann-Niedrach, the former Freehold Intermediate School teacher indicted on multiple charges of sexual abuse involving a teenage student, stated this week that he is considering a motion to dismiss the indictment based on his client’s diminished capacity.
Freehold attorney Thomas Huth, representing Havemann-Niedrach, further advised Superior Court Judge Jill Grace O’Malley that he is awaiting transcripts from the Grand Jury Indictment hearing. According to The People’s Law Dictionary, a contention of diminished capacity suggests that while not insane, the accused could not fully comprehend the nature of the alleged criminal act due to emotional distress, physical condition, or other factors.
Havemann-Niedrach was arraigned before O’Malley on April 7. At the May 5th court appearance, Monmouth County Assistant Prosecutor Danielle Zanzuccki, director of the Special Victims Bureau, presented the terms of a proposed plea agreement. Under the deal, Havemann-Niedrach would plead guilty to aggravated sexual assault and serve 12 years in a New Jersey state prison.
The sentence would fall under the No Early Release Act (NERA), which requires individuals convicted of certain violent crimes to serve at least 85 percent of their sentence before becoming eligible for parole.
Superior Court Judge Jill Grace O’Malley is overseeing the case involving the teacher indicted on multiple charges of sexual abuse. (Photo by Stephanie Faughnan)
In addition to the prison term, the plea deal would also require Havemann-Niedrach to register under Megan’s Law and prohibit any contact with the victim.
Havemann-Niedrach, 44, of Jackson, was indicted in March by a Monmouth County Grand Jury on seven counts, including first-degree aggravated sexual assault, first-degree endangering the welfare of a child through the manufacture of child sexual abuse materials, two counts of second-degree endangering, second-degree official misconduct, second-degree sexual assault, and third-degree endangering.
Investigators from the Monmouth County Prosecutor’s Office Special Victims Bureau and the Freehold Borough Police Department determined that Havemann-Niedrach’s alleged abuse of a 15-year-old eighth-grade student began in early 2024. Authorities arrested her without incident in June 2024.
According to the Grand Jury Indictment, the first-degree aggravated sexual assault and second-degree sexual assault charges involve alleged sexual penetration with a child between the ages of 13 and 16 between January 2024 and June 2024. Havemann-Niedrach is also accused of endangering the welfare of a child by engaging in sexual conduct that would impair or debauch the morals of a child during the same period, while holding a legal duty or having assumed responsibility for the child’s care. One of the child endangerment charges allegedly began in October 2023 and continued through June 2024.
Monmouth County Assistant Prosecutor Danielle Zanzuccki (left) said Allison Havemann-Niedrach outlined the terms of a plea deal offered to the former school teacher. (Photo by Stephanie Faughnan)
Following her arrest on June 27, 2024, bodycam footage reviewed by this newspaper showed Havemann-Niedrach being taken into custody at her parents’ residence in Jackson. During the arrest, she expressed discomfort speaking without her attorney and mentioned losing her phone earlier that day. She also informed her husband about writing her attorney’s and pastor’s names on a note and notified officers of her medical conditions and prepared medications.
At a detention hearing on July 5, 2024, Assistant Prosecutor Zanzuccki stated that another teacher witnessed Havemann-Niedrach touching the victim inappropriately and flirting with him. The victim’s mother reported seeing the victim in Havemann-Niedrach’s car late at night.
A search of the victim’s phone revealed over 25,000 text messages, including explicit content, between him and Havemann-Niedrach. The victim later admitted to a sexual relationship with her that began in January 2024, detailing various sexual acts at her home. The victim reportedly experienced a mental health crisis during the investigation and was hospitalized, requesting police to keep his phone. Zanzuccki also noted the victim’s allegation that Havemann-Niedrach took him to a hotel, which was reportedly corroborated by cell phone location data.
Thomas Huth is representing Allison Havemann-Niedrach in court. (Photo by Stephanie Faughnan)
Heather Kotler, whose son was friends with the alleged victim, shared concerns she raised with school officials months prior to the teacher’s arrest. Kotler stated that in February 2024, her son informed her that his friend was reportedly dating a teacher’s daughter and that there were rumors of inappropriate texting and picture exchanges involving the teacher. After informing a school administrator, who promised an investigation, Kotler said she received no further updates. She expressed shock that Havemann-Niedrach remained in the classroom until her removal in June, despite the alleged misconduct being reported in February and being widely discussed among eighth-grade students.
The next hearing in this case is scheduled for June 2. Havemann-Niedrach is considered innocent until proven guilty in a court of law.
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