The Biggest Trial Motion Yet For Atlantic City, NJ, Mayor & Wife

Today is likely the biggest pre-trial motion yet for Atlantic City Mayor Marty Small and his schools superintendent wife, La’Quetta Small.

The two Small’s are facing a myriad of child abuse criminal charges between them.

Marty Small was also indicted by a second Atlantic County Grand Jury for witness tampering.

New Jersey Superior Court Judge Bernard DeLury

This will likely be the final trial of Judge DeLury's honorable and storied career as a jurist. DeLury is approaching the mandatory New Jersey retirement age.

The Critical Motions That Judge DeLury Will Hear Today

The Two Small’s have lost almost every motion to date … except Judge DeLury did recently agree to the husband and wife duo to have separate trials.

To date, they have lost every suppression motion filed before Judge DeLury.

This suppression motion is different than the previous ones before it.

Today’s motion is limited to the recordings of the alleged abuse, regarding consent of their daughter calling her boyfriend and the boyfriend making recordings.

Attorney Lou Barbone, from the law firm of Ed Jacobs and Barbone will attempt to convince Judge DeLury that these recordings were an illegal wiretap.

It appears that Judge DeLury will require The Small juvenile daughter and boyfriend to testify as to intent and consent.

Marty and La’Quetta Small Can’t Win Their Case Today

However, they could lose it, today. You almost can’t overstate how important the motion to suppress this evidence is.

If Judge DeLury sides with Marty and La’Quetta Small, it will be a big boost to their prospects.

If they lose the motion, it will be very hard for a jury to un hear and un see what will unfold during the trial.

Will The Small Trials Begin In July, 2025?

It’s hard to say at this time. Judge DeLury has wanted a mid-July trial start date.

However, now there will be two separate Small trials.

Additionally, Ed Jacobs is the master of delay. He is a masterclass at taking his time … by offering countless motions … all of which must be heard and they take time.

The Small’s Criminal Charges

Marty Small faces the most danger between the husband and wife duo.

Marty Small is charged with:

On Tuesday, September 17, 2024, Marty Small was indicted for:

• second-degree Endangering the Welfare of a Child.
• third-degree Terroristic Threats.
• third-degree Aggravated Assault.
• A separate Atlantic County Grand Jury also indicted Marty Small with witness tampering.

La’Quetta Small faces a single criminal charge of:

• second-degree Endangering the Welfare of a Child.

It is alleged that …

During the months of December 2023 and January 2024, the defendants physically and emotionally abused their 15/16-year-old-daughter on multiple occasions. During one incident, on January 13, 2024, Marty Small, Sr. is alleged to have hit his daughter multiple times in the head with a broom causing her to lose consciousness, said the Atlantic County Prosecutor's Office.

This is a developing story.

Updates as warranted.

SOURCES: Atlantic County Prosecutor’s Office public records and Harry Hurley in the Morning interviews.