A motion to suppress evidence in the case against the Atlantic City High School principal accused of trying to cover up abuse allegations included the insistence from her attorney that she did make a report, although not necessarily in the mandated way.
Part of the state's evidence includes two cell phones and an Apple Watch belonging to Days-Chapman. But the warrants used to seize them was overbroad and omitted key information, her attorney argued during a hearing Thursday to suppress the evidence on those devices.
Lee Vartan claims the certification presented to obtain the warrants was overreaching and used a high volume of communication between Days-Chapman and the Smalls without presenting the context.
The more than 100 calls and texts between the three from December 2023 through January 2024 was not unusual given their relationship, Vartan said, referencing a longtime friendship between Days-Chapman and the Smalls.
He also pointed out that as principal, Days-Chapman would have regular communication with the superintendent. Her work with the city's Democratic Committee also explained regular contact with the mayor.
None of that was presented in the application for the warrant, Vartan said. It also indicated only one cell phone, although two were seized along with the watch.
Assistant Prosecutor Christopher D'Esposito argued the state needed to search the devices — including internet search histories — to show that Days-Chapman did nothing to report the abuse claims. As a school principal, she is a mandatory reporter for any such allegations.
“They sought to search everything to prove that (Days-Chapman) did nothing to comply with her duties under the law and under the school policy,” D'Esposito said.
The Smalls' then-16-year-old daughter reported abuse allegations to a counselor Jan. 22, 2024. The state has claimed she previously disclosed abuse to the principal, which Days-Chapman denied.
Days-Chapman made a short phone call to Dr. Small at 4:07 p.m. Jan. 22, 2024, records show. She then was observed meeting with the Smalls in her BMW outside their home around 5:30 that evening.
When the Division of Child Protection and Permanency, or DCPP, showed up at the Smalls' home two days later, Dr. Small told the representative she knew they “would be reporting to her residence to speak with (the victim) because her ‘good friend’ had told her about DCP&P involvement,” according to the state. She did not disclose who the “good friend” was.
“In this case, we were tasked with proving the negative, that in no way or at any time in any medium did the defendant report to DCP&P or did the defendant report to law enforcement,” D'Esposito told the judge.
But that was not true, Vartan said.
He pointed to communication between Days-Chapman and Bianca Dozier, who Vartan referred to as a "higher up" at DCPP.
Her LinkedIn lists her as a "supervising family services specialist" for the state since September 2017.
There was a 31-minute call between Days-Chapman and Dozier on Jan. 23, 2024. The next day, Dozier called Days-Chapman twice, with calls lasting three minutes and 21 minutes, Vartan said.
Days-Chapman called Dozier a final time Jan. 25.
"In the one month leading up to these calls, there is zero communication between Ms. Days-Chapman and Ms. Dozier," Vartan said.
The Prosecutor's Office did talk to Dozier, who said that she was told of a "hypothetical" situation and not anything related to a specific student, D'Esposito said.
Regardless, she was required to call the hotline, which is confidential.
Vartan acknowledged that Days-Chapman did not call the 800-number to report, as required, but indicated that was due to the high profile of the Smalls.
Vartan pointed to an email by another DCPP worker to two others about checking out the allegations.
"Please let me know if you’d like us to hold off in responding today," wrote Jennifer O'Kane, who Vartan referred to only as a worker for DCPP. "Dad is the mayor of A.C., and mom is the superintendent of A.C. public schools. Please let me know if you’d like us to hold off on responding today."
O'Kane's LinkedIn lists her as a "family service specialist" for the state. It lists her experience as a "child abuse investigator."
Vartan read from the email, which he said was part of the state's discovery. A copy could not be provided to BreakingAC.
"Obviously they don't feel any real urgency to go to the home because maybe they're going to wait until Jan. 25," he said.
Rather than call the "unsecured" 800-number, Days-Chapman called Dozier, Vartan said.
"She did that for the same reason that DCPP was handling this matter with kid gloves," he said. "The same reason why she was right in doing what she was doing. This is all ugly and gross and unwarranted. She was concerned that exactly this would happen. This was going to be on the front page of BreakingAC or the Philadelphia Inquirer, and what good does that do for a 16-year-old girl? No good."
D'Esposito said Days-Chapman knew the proper protocol for reporting abuse, since she had done it before including while working as a vice principal in Pleasantville.
Nothing was reported in the media about the case until March, when investigators arrived at the Smalls' home to seize their devices. Days-Chapman's arrest was announced that same day.
Vartan indicated the timeline shows others were alerted about the abuse allegations and did not report, but have not been charged.
He has insisted that Days-Chapman is "collateral damage" because of her relationship to the Smalls.
Superior Court Judge Bernard DeLury listened to the arguments Thursday, and is expected to render his decision on the suppression motion Feb. 27.
He could reject all of the defense's arguments and move forward, or he could suppress some or all of the evidence obtained on the devices.
The defense's motion included a request for a Frank hearing, which would have Detective Daniel Choe — who authored the 22-page certification used for the warrant — testify and be cross-examined by the defense. Vartan would be able to ask why certain information may have been left out.