State moves to disqualify La'Quetta Small's attorney

The motions keep coming.

The trials of Atlantic City's mayor and his superintendent wife on allegations they abused their daughter definitely will not happen next month, after a hearing to suppress evidence turned into a move to disqualify Dr. La'Quetta Small's attorney.

Small and her husband, Mayor Marty Small, were back in court Thursday on a hearing to suppress recordings their daughter's boyfriend captured of alleged verbal and physical attacks.

The Smalls both are charged with child endangerment, with the mayor also facing allegations that he beat his then-16-year-old daughter unconscious with a broom, and later told her to lie about how it happened.

An iPad in possession of the girl's boyfriend captured some of the alleged incidents. But the defense claims that cannot be used against the Smalls because their daughter did not give her boyfriend consent to record.

Even if she did, "I don't believe a minor can give consent," La'Quetta Small's attorney, Michael Schreiber, said.

The teen testified in front of her parents and a courtroom full of their supporters Monday that she told her boyfriend — identified in court records as E.L. — to record.

She even had him mute his phone, which she would place hers facedown so that her parents could not see he was on the phone.

Thursday's hearing began with Atlantic County Prosecutor's Office Detective Sgt. Ryan Ripley being cross-examined by Schreiber the younger Small's understanding of consent.

    Constance Days-Chapman, who is accused of failing to report the teenage Small's abuse claims, sits in court with her father, the Rev. Collins Days.
  

Ripley said he never talked to the teenager about it until May 1 of this year, after the motion to suppress the recordings was filed.

"What do you mean how did I provide consent?" the teen asked Ripley, according to the transcript of the interview Schreiber referenced throughout his cross-examination.

Schreiber argued that proved the girl did not understand the word consent. 

Ripley said he responded by asking, "How did you tell him to listen to you?"

The state rested its case Thursday, which then turned to the defense.

Jordan Barbone, one of Mayor Small's attorneys, said they came to court believing the girl's boyfriend would be testifying for the state. Instead, he did not show up.

BreakingAC confirmed he was told not to come.

Barbone said instead, he would now have to subpoena E.L., who was briefly on the stand Monday, until questions arose about his previous connection to Schreiber, who was his attorney in a 2024 juvenile case.

"The state will be filing a motion disqualifying Mr. Schreiber," Assistant Prosecutor Elizabeth Fischer then told the judge.

    La'Quetta Small's attorney, Michael Schreiber questions Sgt. Ryan Ripley. A new motion by the state will look to have Schreiber disqualified due to an alleged conflict with a key witness.
  

Schreiber said the state still has not specified what the conflict is, and that him merely having represented E.L. is not enough.

The state now must file by June 26, which is five days after the Marty Small's trial was set to start. He will be tried first, after Dr. La'Quetta Small successfully argued last week to be tried separately from her husband.

The defense will be given until July 14 to respond — with extra time allowed due to Schreibers pre-planned vacation.

The hearing is set for 1:30 p.m. July 17.

Outside court, he said he was not worried about being disqualified. 

Barbone alleged there was a reason the state did not want the boyfriend cross-examined.

When asked what that reason was, he replied, "We'll see you July 17."

Schreiber said it will be interesting what happens when the state's key witness becomes a witness for the defense.

"He likely will become a hostile witness," Schreiber said, noting that instead of cross-examining him, the defense would be giving direct questions.

The defenses' motion is set to resume July 25.