ACCUSED CHS TEACHER'S ATTORNEY WANTS VICTIM'S ALLEGED ROBBERY ATTEMPT AS EVIDENCE

Heated arguments over evidence in the sexual assault case against former Columbia High School teacher Nicole Dufault -- including a request for records related to an alleged robbery attempt by one of the student victims against other juveniles -- were center stage at a court hearing on the case Monday.

NJ.com reports that Dufault's attorney, Timothy Smith, requested access to the records related to the alleged robbery committed by one of the students who is accusing Dufault of sexual assault. Essex County Assistant Prosecutor Gina Iosim is seeking to keep the robbery details out of the case, contending they are juvenile records and not for public review.

Smith also requested that the case, which includes 40 charges against Dufault related to alleged sexual acts with six under-aged male students, be severed so that she can face them in separate trials.

NJ.com also reports:

Smith said during a hearing on Monday that prosecutors have not provided him with various pieces of evidence, including several statements made to police.

But Essex County Assistant Prosecutor Gina Iosim said many of the items cited by Smith were already turned over twice.

After having met with Smith to discuss the evidence sought by the defense, Iosim said "each and every disc, statement, and piece of paper in possession of the state has been copied and turned over to defense twice at this point."

"I do believe the state's credibility and the state's resources are under attack," said Iosim, adding that she would turn over a third copy of the evidence to Smith in court in front of the judge.

Smith said his staff had conducted "a good faith review" that determined certain items had not been turned over. But Smith conceded that, given the volume of information provided by the state, he may already have some of the items in question.

"I think we're both doing our best to get it right, to acquire the necessary information to just get this case right," Smith said, referring to Iosim and himself..... 

 ....At the end of Monday's hearing, Superior Court Judge Michael L. Ravin indicated he would issue a written decision in the coming weeks on whether to grant the severance request, deny it or not issue either ruling at this time.