ACCUSED CHS TEACHER WANTS SEX CHARGES DISMISSED, CITES PROSECUTOR "LAZINESS"

Lawyers for former Columbia High School teacher Nicole Dufault, who was accused a year ago of having sex with up to six minor students, are seeking dismissal of the charges against her, claiming prosecutors showed "laziness" in instructing the grand jury that indicted her.

NJ.com reports:

Citing the "laziness" of prosecutors in presenting the case to the grand jury, a Maplewood teacher is seeking to dismiss charges she sexually assaulted six male students. 

Nicole Dufault has filed a motion to dismiss her indictment, in part because she claims prosecutors did not instruct grand jurors on the law on Feb. 4, 2015, when they presented the facts to them to support the indictment.

Those legal instructions were provided to the grand jury about two months beforehand, according to a brief filed on Oct. 21 by Dufault's attorney, Timothy Smith.

"It doesn't matter that the State may have had many other grand jury cases to get through on February 4^th. Defendant Dufault is entitled to a proper presentation in her case," the brief states.

"Her right to a fair and complete presentation may not be sacrificed by the State for the sake of shortening the State's day. The State's laziness requires the dismissal of this indictment."

In a statement, Essex County Chief Assistant Prosecutor Clara M. Rodriguez, who oversees the Special Victims Unit, said there was no basis to dismiss the indictment and said prosecutors will file a written response to the motion on Nov. 23.

"These are routine filings. As per the Court, we will file our reply brief on Nov. 23, responding to these claims. We do not believe there is any basis for dismissing the indictment. As such, we are moving forward with the case. However, we will provide a detailed response to Mr. Smith's brief later this month," said Rodriguez, who supervises Essex County Assistant Prosecutor Gina Iosim, who is handling the case.

See the entire story HERE.

Dufault's arrest drew national attention when it was revealed that she had allegedly had sex with several students in the high school and that a video of at least one incident had surfaced and was part of the prosecutorial evidence.

See her arrest report HERE and documents related to her charges HERE.