Atlantic City, NJ, High School Suspended Principal Loses Key Motion

Constance Days-Chapman has lost yet another key motion in her attempt to have criminal charges dismissed prior to her anticipated jury trial in Atlantic County, New Jersey.

Days-Chapman Is The Suspended Principal of Atlantic City High School

New Jersey  Superior Court Judge Bernard DeLury has released his 23-page decision a full 8 days early.

Here Is The Judge DeLury Order

Days-Chapman Has Been Indicted For The Following:

An Atlantic County Grand Jury indicted Days-Chapman on August 17, 2024 on a variety of serious criminal charges as follows:

• second-degree Official
  Misconduct.
• one count of second-degree Pattern of Official Misconduct.
• one count of second-degree Endangering the Welfare of a Child.
• one count of third-degree Hindering
  Apprehension of Another.

DeLury Ended His 23-Page Decision With Ominous Remarks About Days-Chapman

JUDGE DE LURY CONCLUSION

For all of the foregoing reasons, the Court finds that the indictment in this matter is legally sufficient and supported by the factual record presented to the grand jury. The State has adequately alleged that Defendant's conduct, as principal of a public high school, constituted the non-performance and abuse of duties clearly inherent in her office, and the charges properly reflect violations of statutory and regulatory obligations applicable to her position. The grand jury was properly instructed, and the evidence presented establishes a prima facie basis for each count included in the indictment.

 

Furthermore, the Court finds no constitutional infirmity or procedural irregularity requiring dismissal. Alleged conflicts in duty, factual disputes regarding notification, and claims of vague statutory language do not warrant pretrial dismissal where, as here, disputed issues are appropriately reserved for determination at trial. The prosecutorial charging decisions fall squarely within the ambit of legitimate discretion and are rationally related to the legislative purpose of public integrity and child welfare protection.

 

Accordingly, Defendant's motion to dismiss the indictment is hereby DENIED. The Court has entered an Order in accordance with the foregoing reasons expressed in this decision. Very truly yours, Bernard E. DeLury, Jr., P.J.Cr.

The First Criminal Trial Will Be Atlantic City Mayor Marty Small

It will be a make or break, moment of truth for Marty Small.

Marty Small’s criminal trial is set for August 4, 2025.

Marty Small’s wife,  La’Quetta Small won the right to have a separate criminal trial away from her husband.

No trial dates are yet set for La Quinta small and Constance Days-Chapman.

SOURCE: New Jersey Superior Court Judge Bernard DeLury - Constance Days-Chapman Order and Decision.

Atlantic City is the home of many significant historic firsts. See directly below.