A judge's refusal to dismiss the indictment against an Atlantic City High School principal accused of failing to report abuse allegations against the city's first couple was based upon conduct not alleged in the charges, her attorney says.
Constance Days-Chapman faces several counts of official misconduct along with endangering the welfare of a child and hindering for allegedly notifying Mayor Marty Small and Dr. La'Quetta Small about their teenage daughter's allegations of abuse, rather than calling the Division of Child Protection and Permanency hotline, as required.
Judge Bernard DeLury denied a motion earlier this month to dismiss the indictment.
But his denial includes allegations that Days-Chapman warned the Smalls about their daughter's report. But that is not what the counts charge, defense attorney Lee Vartan writes in a motion to reconsider the decision.
"The indictment unambiguously charged failure to report only," Vartan writes in the 14-page filing.
DeLury's opinion also indicates Days-Chapman used her position to "'affirmatively prevent' (school employees) Jonathan Rivera or Laurie Carter from reporting the alleged abuse," the motion states. "That was an argument the State advanced for the first time during oral argument, and the Court wrongly accepted in denying Days-Chapman's motion to dismiss."
While "the State may wish it had presented a different indictment ... (it) must be held to the Indictment it returned," Vartan writes.
Evidence the state presented has addressed some of these claims before, including phone records and video surveillance that they allege show Days-Chapman called Dr. Small and then went to the Smalls' home to meet with them inside her vehicle the day their daughter disclosed the abuse.
The next day, Days-Chapman told the counselor and senior staff member who had been told of the abuse of her visit to the Smalls' home, and then promised to alert DCPP, they told investigators.
No one from the school ever notified DCPP, the state alleges.
One count of the eight-count indictment against Days-Chapman does allege hindering, but it does not mention anything concerning notifying the Smalls.
The judge did previously rule to allow evidence on Days-Chapman's phones that includes the calls to Dr. Small. The state argued that the phone records show she never called to report the abuse to the toll-free number.
Vartan said his client may not have called that number, but did report the allegations to Bianca Dozier, described as a higher-up at the Division of Child Protection and Permanency.
It was not clear when the motion would be argued.
Days-Chapman and the Smalls are due back in court Aug. 11. The mayor's trial will go first, but no date has been set.
Days-Chapman is currently suspended from her position with pay, her attorney previously told BreakingAC.
