BUFFALO, N.Y. - Former Erie County Social Services Commissioner Al Dirschberger pleaded not guilty to sexual assault charges on Monday in Albany County Supreme Court, less than a month after he resigned from his position at the request of the county executive.
Last week, a grand jury returned an indictment against Dirschberger on charges of third-degree rape and third-degree criminal sexual act, according to documents released by the Albany County District Attorney's Office. That indictment remained unsealed until Monday's arraignment in Albany County in front of Acting Albany County Supreme Court Justice Roger McDonough.
Dirschberger resigned from his position on Dec. 28, following an "alleged serious incident" involving a "subordinate employee," according to County Executive Mark Poloncarz.
The unsealed indictment indicates the alleged incident occurred at the Renaissance Hotel in Albany on the night of Dec. 5 and the early morning of Dec. 6.
Nicholas Romano, an attorney with the Connors, LLP law firm in Buffalo, said his firm enlisted an Albany law firm to handle the arraignment in Albany on Monday. Dirschberger has cooperated with the investigation and turned himself in for processing in Albany on Monday, according to Romano.
He also provided the following statement to 2 On Your Side on behalf of Dirschberger.
“Dr. Al Dirschberger appeared in Albany County Court this afternoon to plead “not guilty” to charges of sexual assault because he is not guilty. Dr. Dirschberger looks forward to the opportunity to provide his side of the story and fully defend himself. His exemplary and unblemished record of over 30 years as a social worker, an educator, and a public servant speaks for itself. He is innocent and, to that end, will request a speedy trial to exonerate himself. Dr. Dirschberger extends his heartfelt thanks and appreciation to the countless friends, colleagues, and community members that have reached out to support him and his family, and offered to help him in combating these charges.”
Peter Anderson, a spokesperson for the county executive, said prior to the arraignment that his office had not received any information related to Dirschberger's case.
"He is a former employee, as you know, and besides there is no legal requirement for them to tell us. The County Executive stands by his comments from the press conference on December 28, in that everyone deserves a fair trial and if indeed Mr. Dirschberger is guilty he should be punished according to the law," Anderson said in an email before the arraignment was made public. 2 On Your Side has reached out to Anderson and the county executive's office for additional comment but has not received a response.
Marie Cannon is currently serving as the interim social services commissioner while the county searches for a permanent replacement. The department consists of 1,600 employees and has a budget of more than $600 million. A job listing for the open commissioner position offers a salary of nearly $100,000 at the very minimum.
The court set bail for Dirschberger at $5,000 on Monday. The Special Victims Unit in Albany County will handle the prosecution of the case, according to the district attorney's office.
Dirschberger is a former head softball coach at Niagara University and remains listed on the athletic department's website as an assistant coach. Thomas Burns, a spokesperson for the university, confirmed Dirschberger was placed on administrative leave.
Burns released the following statement.
"Niagara University takes matters such as these very seriously. We are aware of the allegations against Al Dirschberger, and we have placed him on administrative leave from his responsibilities with the Purple Eagles softball team."