Atlantic City, NJ Mayor Takes Stand: ‘I Did Not Abuse My Daughter

It’s always a risky move in a criminal trial when the defendant takes the stand and testifies before the jury. However, the reward can be significant.

The Constitution Says …

A defendant isn’t required to testify and a jury shouldn’t hold that refusal against the defendant. It’s your right not to testify. However, while it’s not fair … Jurors expect to hear from a defendant, when they are in the process of determining guilt or innocence.

Lou Barbone — Marty Small Defense Attorney

Told the jury during his opening statement that the jury would hear directly from Small during the trial.

The defense kept its word, as Small took the stand on a critical day of his child abuse — witness tampering criminal trial … a Friday! The timing could not have been more perfect.

The jury now has the whole weekend to process what Small had to say and Small did himself a lot of good.

Small Left A Good Impression

Small is a “Show Man” and he put on quite a display of showmanship on the witness stand … his presentation had a splash everything, including:

Righteous indignation.
Humble persona,
Love and compassion for his daughter.
Overall care and concern, telling the jury that “I'm going to get my daughter back when I win this case,” said Small.

It was like a Hallmark movie and it makes anyone who watched it … root for the defendant and his family.

Small Had Not Spoken About These Matters

For almost two years Small had remained tight-lipped about these allegations … saving his first comments for the jury, which has the power to remove him from his position as Mayor and take away his freedom for a number of years.

The stakes for Small couldn’t be higher.

Small Told The Jury

I owed it to you, ladies & gentlemen of the jury. I wanted to look each and every one of your in the eye and tell you (that) their claims are bogus.

Small also told the jury that:

I'm telling you for the first time publicly, I did not abuse my daughter. We provided a loving home and all the resources possible. She's just not listening right now, said Small, who almost broke down into tears.

It Was A Command Performance

Small almost cried … but, didn’t. His voice broke … but, it didn’t crack.

Atlantic County Prosecutor’s Office Won The “Preseason” Games Against Small

Going into this trial, I believed that the evidence amassed and the case brought forward by the Atlantic County Prosecutor’s was overwhelming.

However, the defense has put the prosecution on the defense during the actual trial.

The defense is playing offense and winning.

Prosecution Scored Only One Major Point On Small

On the issue of why did Small wait 3 days to take his minor child (daughter) to the hospital following her being knocked out unconscious.

The Atlantic County Prosecutor’s Office could have and should have made the whole trial just like this one encounter that I will describe in detail here:

Assistant Atlantic County Prosecutor Chris D'Esposito did a great job during the cross-examination of Small on this one point … asking Small … why he waited three days to take his daughter to the hospital, when (Small) said that his daughter’s “eyes were rolled back in her head."

"She said she was fine," Small answered. It was here when Esposito won the point against Small, saying that Small had earlier told the jury that he made decisions in the best interest of his daughter.

Esposito told Small and the jury that: “It's not her choice whether to go to the hospital, it's your choice whether she goes,"