ACCUSED CHS TEACHER'S ATTORNEY ON BAIL, HER CHILDREN

Attorney Timothy Smith

Although a bail reduction was denied for accused Columbia High School teacher Nicole Default on Friday, her attorney believes it may be lowered in the future. He also said she may be able to cover the current $500,000 bail amount as well.

“As we accumulate additional information, if we did come into possession of evidence or information favorable to a defense position there would be a justification for a renewed bail reduction application,” said Timothy Smith, Dufault’s attorney, who spoke with Maplewoodian.com Monday. “There is also the possibility that our client will make bail. A bond could be posted, she has an extensive family network who care deeply for her.”

Dufault, a nine-year CHS teacher, was arrested two weeks ago and charged with sexual assault on five 15-year-old students. Prosecutors also confirmed the existence of a video that allegedly shows Dufault engaged in sexual activity with at least one of the victims. The 35-year-old mother of two was denied a bail reduction Friday.

Smith also pointed out that, contrary to earlier reports by some news media at the time of her arrest, Dufault’s three- and five-year-old children were not taken from her custody. He confirms they were sent to live with family members at Dufault’s request.

“I dispute the suggestion that my client’s children were involuntarily removed from her care and control,” Smith said. “To the contrary, these allegations, which my client is presumed innocent of, have nothing to do with her children and by all accounts my client is a model parent.”

He said state Department of Children and Families officials visited her home prior to her arrest and found no improper care. 

“It is my understanding that an independent assessment by the state deemed my client’s children to be very well-kept,” Smith said. “Any suggestion to the contrary is truly repulsive given the hardship that she endured during pregnancy complications and how hard my client worked as a single mother to care for her children.”

Smith was referring to what he has previously stated is a medical condition that might have played a part in the alleged incidents, a shunt inserted in Dufault’s brain to stem fluid build-up after an incident during one of her pregnancies. He said the shunt is manipulated and operated by an electronic magnetic device.

He also claims she has been a single mother for at least a year after a break-up with her ex-husband. 

“In the end, this case may not be about all it seems at this time,” Smith contends. “Once the facts are fully developed this case is not going to appear as it is being currently reported.”

Dufault is due in court again on October 24 for a pre-indictment conference, Smith said.