Decision is in: Did Atlantic City, NJ Mayor & Wife Lose Last Chance?

New Jersey Superior Court Judge Bernard DeLury has just made one of the most important decisions … that will directly affect the lives of Atlantic City Mayor Marty Small and his wife, La’Quetra Small … who is the Atlantic City Superintendent of Public Schools.

It was always a long shot, especially in light of Constance Days-Chapman recently losing on the exact same motion several weeks ago before the same Judge DeLury.

Judge DeLury has ruled against Marty and La’Quetta Small on their motion to quash subpoenas and suppress evidence that was collected by the Atlantic County Prosecutor’s Office.

We have secured a copy of Judge DeLury’s Order, which summarizes the end result of his 23 page decision on these matters:

Combined, The Small’s are facing multiple child abuse criminal charges.

Marty Small also faces a separate indictment for alleged witness tampering.

Judge DeLury ended his 23 page decision with the following conclusion:

Based on the submissions of the parties, the arguments of counsel, and the totality of the facts and circumstances the Court finds that the Search Warrants, which are presumptively valid, were issued upon more than adequate probable cause. Further, the Court find the search authorizing "any and all electronic data" is incompatible with the principles set forth in Missak. As such, the appropriate remedy is redaction or severability to limit the evidence seized from December 1, 2023, to March 27, 2024. Moreover, a Franks hearing is not supported by the record. Accordingly, the Court concludes that the Defendants' request to suppress the evidence seized pursuant to the March 30, 2024, Search Warrants are hereby GRANTED IN PART AND DENIED IN PART for the foregoing reasons. Further the Defendants' application for a Franks hearing is DENIED. The Court has prepared, entered, and attached an Order setting forth its decision, wrote DeLury.

It is important to note the following:

The Court suppressed cellphone evidence that was collected for everything before 12/1/23, as well as everything obtained after 3/27/2024.

However, the only pertinent cell phone information that the State needs is between 12/1/23 and 3/27/24. This is all the evidence that relates to the alleged child abuse and cover up.

Any other evidence is irrelevant.

Judges never want to be reversed. DeLury spent a few extra weeks to try and make his decision “appeal proof.”

Lee Vartan has appealed DeLury’s previous decision about Days-Chapman.

Surely, the legendary Ed Jacobs will appeal this latest DeLury decision regarding Marty Small. Ka’Quetta Small has separate counsel and she will no doubt do the same.