Atlantic City’s mayor and superintendent spent months trying to hinder an investigation into claims of abuse by their teenage daughter, according to information released during a hearing Friday.
Marty and La’Quetta Small are set to go to trial July 14, Superior Court Judge Bernard DeLury said before arguments began on several defense motions. The trial is expected to last about two weeks.
The defense attorneys argued Friday against the inclusion of evidence obtained through what they have deemed faulty warrants for searches of the couple’s cars, cell phones and home.
But the state’s responses gave even more insight into the investigation.
“There are months-long instances of both of these defendants doing their best to stop the investigation in its footsteps,” Assistant Prosecutor Elizabeth Fischer told the judge. “Why? Because they would like to avoid all collateral damage to their political and personal lives.”
Fischer detailed instances of the couple interrupting attempts to interview their then-16-year-old daughter about her allegations of physical and verbal abuse by her parents.
The pair was aided by then-High School Principal Constance Days-Chapman, who texted them updates on what was going on, and even sent screenshots and photos of investigators’ business cards, Fischer alleged.
Days-Chapman is charged with several counts of official misconduct and endangering the welfare of a child for her alleged part.
“The Prosecutor’s Office is here,” Days-Chapman allegedly texted to the couple Jan. 31, 2023, as investigators made a second attempt to speak with the teen.
Surveillance video later shows Marty Small pull up to the school, walking with his cell phone to his ear, Fischer said.
There also is footage of the mayor “interrupting that interview and demanding to know why they’re speaking to his daughter,” she said.
In another instance, Division of Child Protection and Permanency went to the home to try to interview the teen, who they learned was not at school that day.
Fischer makes note that the Smalls’ Presbyterian Avenue home has exterior cameras.
The teen comes to the door and says she is home alone, but once she steps outside to speak with the investigators, “the defendants swoop in on scene just like a perfectly cued musical,” Fischer said.
Patrick Joyce, one of the mayor’s defense attorneys, argued that the there was no proof of criminal activity when the warrants were issued, since an investigation by DCPP found the claims were unsubstantiated.
The first investigation found nothing because DCPP “chose to go into that home and interview that child in front of her abusers,” Fischer countered.
“What child — in front of her abusers — is going to tell everything?” she asked. “That defies common sense. The reaction of the child that day is common sense. So no wonder it was unfounded in the beginning.”
But La’Quetta Small’s attorney questioned which statements by the girl should be believed.
“This young lady gave seven statements, five of which claimed there was no abuse whatsoever,” Michael Schreiber said. “It’s either recanted or denied. But (the Prosecutor’s Office) was able to convince her to give a statement implicating my client.”
He said instead this is the story of child mad at her mother’s discipline for dating a “juvenile delinquent” who was causing problems.
“This complaint is government over-involvement in people’s lives,” Schreiber said.
His arguments also contradicted the mayor’s statements that the family is doing well and together. Instead, he talked about how the teen had moved in with her boyfriend and his mother.
When La’Quetta Small reached out to DCPP about the move, a social worker relayed that “upon contacting the Prosecutor’s Office, they were told she can live wherever she wants to live.”
The defense also questioned a letter seized during a search of the Smalls’ home that was found behind clothes in La’Quetta Small’s closet. It was a piece of paper folded up and in a bag.
Marty Small's defense attorney Jordan Barbone holds up a piece of paper he says is the size of the letter found in La'Quetta Small's closet written by her daughter.The letter was dated Dec. 21, 2023, Fischer said. A portion was previously reported, but the assistant prosecutor read more of it during the hearing:
“I’m going for peace. I keep disappointing you all. I’m just going to go. Getting called dumb, crazy, mental and sick hurts, but that’s ok. I guess I’m the biggest disappointment for defending myself. Y’all took everything from me. I’m the worst that happened to y’all. I’m the biggest mistake. You hate me. It’s y’all with all this pressure. Just want to be normal. Don’t worry about me, I’m safe. I will be at school every day, a roof over my head with people who will take care and love me for me. But yeah.”
In arguing for the cell phone warrants, Fischer also quoted a voicemail the mayor allegedly left for his wife in December 2023: “You better come get you daughter or I’m going to do something that’s going to put me in jail.”
The judge said he will issue a written decision by March 27. He is hoping to have the document completed days before that, since motions to dismiss the case against the couple are set for March 28.
