JUDGE AGAIN DECLINES TO DISMISS CHARGES AGAINST ACCUSED CHS TEACHER

Photo:NJ.com

From NJ.com:

NEWARK — For the second time in slightly more than two months, a Superior Court judge has rejected a bid by a Maplewood teacher to dismiss charges she sexually assaulted six male students.

Superior Court Judge Michael L. Ravin on Monday denied a motion from Nicole Dufault to reconsider his Dec. 18 ruling that denied her motion to dismiss the 40-count indictment issued against her by a grand jury more than a year ago.

Dufault's attorney, Timothy Smith, has argued the charges should be thrown out, because of a roughly two-month gap between when prosecutors provided in-depth legal instructions to the grand jurors on Dec. 3, 2014 and when they presented the facts about Dufault's case to them on Feb. 4, 2015.

Essex County Assistant Prosecutor Gina Iosim, who is handling the case, has countered that prosecutors provided in-depth legal instructions on Dec. 3 and certain legal instructions on Feb. 4, when they also asked grand jurors if they had any questions on the law.

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Dufault was arrested in 2014 for allegedly having sex with six different under-aged students at Columbia High School. She remains out on bail and is awaiting trial.