Evidence obtained through searches of the home and vehicles of Atlantic City's first family can be used in the child abuse case against them, a judge ruled this week.
Cell phone records will be limited to a four-month period deemed pertinent to the case, with the judge partially granting the two defenses' motions that argued against the lack of time limits in those searches.
Mayor Marty Small and his wife, Superintendent Dr. La'Quetta Small, face charges of child abuse in the alleged physical and verbal abuse of their teenage daughter. They were indicted in September.
Attorneys for the couple argued last month that the warrants were faulty, and asked that all evidence be suppressed.
It was similar to a failed motion argued on behalf of suspended Atlantic City High School Principal Constance Days-Chapman, who is accused of failing to report the abuse and instead informing the Smalls of their daughter's allegations. Her attorney is appealing.
Judge Bernard DeLury — as he did with Days-Chapman — rejected most of the Smalls' arguments in rulings issued Thursday.
He did limit what records can be used from the couple's cell phones to the dates of Dec. 1, 2023, through March 27, 2024.
It's a larger timeline than the one set forth by the defense, that said just a few days in January were pertinent to the case.
That means alleged "heads-up" phone calls made by Days-Chapman to the Smalls would be admissible, as would a December 2023 voicemail the mayor allegedly left for his wife stating, “You better come get your daughter or I’m going to do something that’s going to put me in jail.”
This also clears the way for evidence that includes a letter the teen wrote to her parents that was found inside a bag in La'Quetta Small's closet. warrants for searches of the couple’s cars, cell phones and home.
The letter dated Dec. 21, 2023, apparently was written by the girl as she gave reasons for leaving the Smalls' home.
"Don’t worry about me, I’m safe," it read in part. "I will be at school every day, a roof over my head with people who will take care and love me for me.”
The couple's attorneys did not immediately respond to requests seeking comment.
More defense motions are scheduled to be argued before DeLury on April 15. Trial is set for July 14.
