Atlantic City’s first couple tried to confiscate and destroy evidence in a criminal investigation, a tort claim filed last week alleges.
The mayor and his attorney have vehemently denied the claims, saying it’s a personal matter involving a family issue. A rally by religious and civic leaders backed the couple before the charges came.
But a tort claim filed Friday indicates that matter reached beyond the Smalls’ household, targeting their daughter’s boyfriend.
The intent to file a $2 million lawsuit authored by attorney David Castellani names the Smalls, along with the city, Board of Education and Seashore Leadership Academy, the city’s privately owned alternative high school in Galloway Township.
Eric Strickland, the academy’s principal, is also named.
The filing alleges that the Smalls enlisted Strickland and their family members “to attempt to confiscate and/or destroy evidence in (the juvenile’s) possession implicating the Smalls in potential criminal conduct including abuse,”
The action kept the boy out of school for about a month, it claims.
While the filing does not indicate what evidence was targeted, BreakingAC has learned from sources close to the case that it was an iPad.
That is the same iPad referenced in the affidavit of probable cause that alleges audio of arguments that turned physical between the girl and her parents on separate occasions were captured as the two teenagers were talking.
Transcripts of those recordings, along with interviews detailed in the court filing paint the picture of a teenage girl in turmoil who doesn't feel safe at home and is constantly told how she is a disappointment to her parents.
Now a filing on behalf of the teenage boy indicates attempts were made to obtain and destroy the iPad.
The tort seems to indicate the boy was targeted even before he began dating the Smalls’ only daughter.
The teen was sent to Seashore Leadership Academy in December, “without basis or cause for the same and denied transfer back to Atlantic City High School,” the notice reads.
The boy then started dating the Smalls’ daughter, and witnessed abuse that he confronted the couple about, according to the filing.
He also took to social media, which BreakingAC previously reported.
The mayor filed a criminal charge against the teen, which was dismissed last month for lack of evidence, according to the claim.
Because he is a minor, BreakingAC could not confirm the charges, or the outcome.
The notice claims Small “attempted to back date the charges for malicious purposes.”
The mayor also had the teen fired from his job, which Small also reportedly helped him get.
The injuries in the claim list negligence, intentional infliction of emotional distress, malicious prosecution, malicious abuse of process, violation of his civil rights and the right to Free Appropriate Public Education, or FAPE, retaliation, fraudulent destruction and/or concealment of evidence, tortious interference with prospective economic advantage, fraud, intentional misrepresentation and a hostile school environment.
The Atlantic County Prosecutor's Office declined to comment about the tampering claims.
Neither Small or Strickland answered calls for comment. Small’s attorney Ed Jacobs and Board of Education attorney Tracy Riley also failed to respond.
The focus was again on the Smalls' Presbyterian Avenue home Wednesday, after police were called by the mayor.
The response was requested "regarding a family dispute," Capt.Kevin Fair said in a statement released to media. "Officers responded and spoke with all parties on scene. Officers determined that the incident was not criminal in nature and no further action was necessary. No further information related to this call for service will be made available."
BreakingAC did confirm that the call was in reference to a dispute between Small and his daughter.
