Marty Small and Constance Days-Chapman appear in court while Dr. La'Quetta Small attended virtually from work.
Atlantic City's mayor and his superintendent wife will be tried separately in the state's case alleging abuse of the couple's teenage daughter.
Dr. La'Quetta Small's attorney successfully argued that the allegations against each are too different to make it a fair trial for his client.
Dr. Small faces just one count of endangering for what Schreiber argued was allegedly seconds of physical contact during a three-minute verbal argument.
Mayor Marty Small face more severe allegations, including allegedly beating his daughter unconscious with a broom.
Her mother was not present for that, according to the state's case, her attorney noted.
She saw only the aftermath when the teen woke up to her father, mother and younger brother, attorney Michael Schreiber said, pointing to the state's case.
"You're doing too much," La'Quetta Small allegedly told her husband.
The coup de grace, Schreiber said, was when the state successfully joined witness tampering and terroristic threats charges lodged against Marty Small for allegedly trying to push his daughter into changing her story about how she was knocked unconscious.
That was proof that the cases do not belong together, the defense attorney said.
Judge Bernard DeLury agreed, saying his experience is that jurors are smart and take direction well, but explaining the vast differences in the charges the Smalls face would be too much to ask.
"I'm just glad we finally won a motion," Schreiber told BreakingAC after the ruling.
The mayor's defense did not offer an argument on the separation. Jordan Barbone, who represented him in court Thursday, said Marty Small's belief is the trials should not be separate.
Both Barbone and Small declined comment following the decision.
Meanwhile, Marty Small and the woman accused of breaking the law to protect him and his wife were in court together in their separate cases for the first time Thursday.
Suspended Atlantic City High School Principal Constance Days-Chapman is accused of failing to report abuse allegations the Smalls' daughter made against her parents because of the relationship.
Days-Chapman's attorney has insisted his client has committed no crime, and instead is collateral damage in the state's attempts to come after the Smalls.
He offered argument Thursday to have the indictment dismissed against his client.
The judge is expected to make a decision before the next court date set for June 26.
The mayor has made it clear that criminal charges will not come between his family and one of their closest friends.
He addressed the "as close as a family member that we can get" relationship his and Days-Chapman's families have at an April 1, 2024 news conference held to address the raid at his home.
"If you think that you’re going to drive a wedge between us, it’s not going to work," he said. "We support you, Mandy. You did absolutely nothing wrong. We are in this together."
Before arguments began, the mayor and Days-Chapman sat at the defense table together. Dr. La'Quetta Small appeared virtually from her job.
It seemed fitting considering her attorney was arguing to have her tried separately from her husband.
The Smalls were set to go to trial July 14. It is now unclear when the first trial will happen.
DeLury also issued a protective order this week that guarantees anything extracted from the couple's phones will be shared only with those involved in the case.
Those include extractions of the Smalls and Days-Chapman, along with the Smalls' daughter and her boyfriend's Instagram, Skype and iCloud.
The extractions also name Toria Young, a secretary and the victim's cousin who also is accused of not reporting the abuse, and Bianca Dozier, the Division of Child Protection and Permanency supervisor Days-Chapman's attorney insists she told about the abuse allegations.
