A former Albert Lea High School counselor pleaded guilty Thursday to fourth-degree criminal sexual conduct with a student in January 2022; This was a serious crime.

Richard John Polley, 35, was previously charged with third-degree criminal sexual conduct involving sexual intercourse with a person under 18 while in a prohibited professional relationship.

The new charge applies to sexual contact while in a prohibited professional relationship with a person under 18, but not penetration.

The plea, part of an agreement with the Freeborn County Prosecutor’s Office, came after District Court Judge Christy Hormann declared a mistrial in the middle of Polley’s trial in September after information was revealed about evidence that was not disclosed to either the prosecution or the defense during the investigation. Testimony from a former Albert Lea police detective.

Polley worked as a counselor at the school for a while before the incident occurred on the night of January 8 to January 9.

He said he started talking to the student, who was 16 at the time, on Snapchat as the Christmas break approached.

Polley acknowledged in court that she knew the student was under 18 and that she worked with him at school as his guidance counselor.

He said that on the night of Jan. 8, 2022, the student came to his home in Albert Lea twice. In the second incident, between 23:00 and midnight, he and the teenager kissed. He also admitted placing his hand on her breast with sexual intent.

Responding to a question from her lawyer, Patrick Cotter, Polley acknowledged that she knew what she was doing at the time and that such contact with her was prohibited.

As part of the plea agreement in the case, both the prosecution and defense agreed that Polley would receive five years of supervised release and no longer serve prison time. He will be required to complete a psychosexual evaluation and follow recommendations, have no contact with the victim and have no contact with minor children unless supervised. He will also be required to register as a predatory offender.

Cotter said that the decision to postpone the execution of the 24-month prison sentence or stay the execution will belong to the judge. As part of the stay of execution, Polley’s prison sentence will also be suspended unless he violates his parole. If breastfeeding is delayed, the judge will accept the guilty plea but not impose a prison sentence, and if Polley successfully completes probation, the conviction could be reduced to a misdemeanor.

Polley is scheduled to be sentenced on January 29.