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A former Albert Lea High School counselor convicted of fourth-degree criminal sexual conduct with a student was sentenced Wednesday to five years of supervised probation and a stayed two-year prison sentence.

Richard John Polley, 35, pleaded guilty to the felony charge in October, which involved sexual contact with an individual under 18 while in a prohibited occupational relationship.

Polley was previously charged with one count of third-degree criminal sexual conduct, involving sexual penetration, with an individual under 18, while in a prohibited occupational relationship.

The plea, as part of an agreement with the Freeborn County Attorney’s Office, came after District Court Judge Christy Hormann declared a mistrial in the middle of Polley’s trial in September after information emerged about evidence that had not been disclosed to either the prosecution or defense during testimony of a former Albert Lea police detective.

Hormann on Wednesday said Polley took advantage of his position of authority as a counselor and noted while he made statements during his pre-sentence investigation that showed he had gained some insight about his actions during the situation, she still thought there was more room to go. She told Polley he needed to work on being up-front and accepting of what he did.

Hormann said while she does have to consider a defendant’s ability to be successful on probation and prior history, she still has to treat the crime as a serious offense. She noted Polley had plenty of opportunities to avoid what took place and set boundaries in his relationship with the student.

Polley worked as a counselor for one semester at the school before the incident occurred the night of Jan. 8 going into Jan. 9, 2022.

He had started talking to the student, who was 16 at the time, on Snapchat in the time approaching the Christmas holiday. He acknowledged in court that he knew the student was under 18 and that he was working with her at the school in the role of her guidance counselor.

On the night of Jan. 8, 2022, he said the student came over to his house in Albert Lea two times. The second time, between 11 p.m. and midnight, resulted in him and the teenager kissing. He also admitted to placing his hand on her breast with sexual intent.

As part of his sentence, Polley will have to register as a predatory offender and comply with a series of conditions, including having no contact with anyone under the age of 18 except for supervised contact with relatives and incidental contact through his employment.

He was also ordered to have no access or use of the internet without approval by his agent and no possession or use of any pornographic or sexually explicit material. Any use of social media or dating sites must also be approved by his probation agent.

In addition, he must comply with the recommendations of a psychological-sexual evaluation, including formal group treatment that focuses on sexual offending, among other conditions.

Assistant Freeborn County Attorney Abigail Ehret argued Polley be sentenced to a stay of execution, meaning that prison time be suspended unless he violated his probation. Polley’s lawyer, Patrick Cotter, argued for Polley to receive a stay of imposition in the case, in which the judge would accept the guilty plea but not impose a prison sentence, and if Polley successfully completes his probation, the conviction could be reduced to a misdemeanor.

Cotter argued that Polley had shown since he was initially arrested for the crime three years ago that he could comply with the court’s conditions and said it was his client’s first offense of any kind or at least of any significant magnitude. He said Polley has also suffered significant collateral consequences, including a loss of his career, and despite this he has turned his life around and has a new career and recently purchased a home in Dakota County.

Ehret argued that as a guidance counselor, Polley was in a position that students and parents are supposed to be able to trust. She said he preyed on a victim who was mentally and emotionally unstable and that he could have stopped the relationship many times.

Ehret said it seemed from his pre-sentence investigation that Polley seemed to blame the victim and had the mindset he could get away with it.

Polley, when given the opportunity to speak, said he did not wish to address the court.

Hormann ultimately sided with the County Attorney’s Office and sentenced Polley to a stay of execution of 24 months in prison.