MOREAU -- The lawyer for a Gansevoort woman charged with endangering the welfare of five children by allowing them to have contact with strippers at her son’s 16th birthday party said Thursday it appears the case will head to trial.
Joseph Brennan, lawyer for Judy H. Viger, told Moreau Town Justice Timothy Alden on Thursday that he plans to file a motion asking the judge to dismiss the five misdemeanor charges of endangering the welfare of a child.
Brennan said after a brief court hearing in the case that his client will not accept a plea deal and a trial was likely.
“It appears that’s where we’re headed,” he said.
Viger, 33, did not attend the hearing and is free on her own recognizance. Defendants aren’t required to attend all preliminary proceedings in lower-level criminal cases.
Saratoga County District Attorney James Murphy said his office has not offered a plea deal in the case and is awaiting the defense’s motion to dismiss the charges.
Brennan said he plans to file a motion seeking dismissal for lack of evidence.
“We don’t believe the allegations in the accusatory instruments are sufficient for the charges,” Brennan said.
He has said that Viger did not intent for partygoers to see a strip show during the Nov. 3 gathering at Spare Time Fun Center in South Glens Falls.
Brennan said after Viger’s Feb. 18 arrest that she had arranged for what was supposed to be a “bikini gram” in which women in bathing suits sang “Happy Birthday” to her son and left.
The dancers instead began to “turn to activity that wasn’t planned” and when Judy Viger asked the crew of people who accompanied them to get them to stop, they did not comply, he said.
Endangering the welfare of a child is punishable by up to a year in Saratoga County Jail. Prosecutors could argue that the children were all involved in separate incidents, which could result in consecutive jail sentences amounting to up to 2 years.
Alden gave Brennan until June 13 to file his motions, and scheduled oral arguments in the case for July 11.