UPDATE (WKOW) -- The Dane County District Attorney’s Office on June 5 said it is declining to prosecute Madison Public School District teacher Terry Fay who had been accused in October of child sexual assault.
"The Dane County District Attorney’s Office has concluded the charges against Terry Fay cannot be proven to a jury beyond a reasonable doubt," according to the news release dated June 5, 2018.
The news release did say, however, that the decision is not final.
"This decision should not be interpreted by anyone to mean that the child victim is not believed by prosecutors," read the statement. "The decision reached in this matter is simply a legal conclusion reached by numerous, experienced prosecutors that proceeding with charges at this time would not likely be successful."
UPDATE -- Madison teacher Tony Fay appeared in court today, Oct. 17, 2017, where a signature bond was set and Fay was ordered to stay away from schools.
During the hearing, Fay's attorney said that teachers are vulnerable to false accusations.
As of today's court hearing, no charges have been filed.
MADISON (WKOW) - Family members of an arrested, Madison grade school teacher believe in his innocence, and await more details of the allegations against him.
Madison Police officials say 50-year old Leopold Elementary School teacher Terry Fay surrendered to authorities Friday. Officials say Fay sexually assaulted a student five years ago, beginning when the child was ten years old. Authorities say the victim is now a teenager living out of state, and recently reported what happened.
Fay's brother, Dan Fay tells 27 News Terry Fay has been a champion of children. "Excellent (with children), and that's why people request him for a teacher," Dan Fay says. "He's an excellent teacher. His children are excellent teacher as well."
Fay's attorney, Jordan Loeb tells 27 News Terry Fay's home was searched by Madison Police officers Sept. 29, with electronics and possibly other items seized. Records on the search were sealed by a judge.
Loeb showed up at Dane County court Monday in hopes of being able to argue for bail for Fay, who has no criminal history. But he says Fay will not appear in court for that purpose until Tuesday, when local court rules require Fay be given the chance to make a case for bail before a judge. Loeb believes Fay should be released on a signature bond. "He's been aware of this investigation for several weeks now, he's stayed in Madison, surrendered himself when he was asked to," Loeb says.
Online state records indicate no previous issues with Fay's teaching license.
Loeb says Fay was placed on administrative leave from his teaching job last month. Madison School District officials say an investigation into whether Fay has met the terms of his employment is deferring to the criminal probe at this time.
"Right now, our focus is on two things: supporting our students and families and understanding every fact we can about this case," a letter from Superintendent Jennifer Cheatham to school families states.
Dane County's district attorney has yet to release the affidavit establishing probable cause for Fay's Friday arrest.