MAYS LANDING, N.J. (WPVI) -- Atlantic City Mayor Marty Small, Sr., and his wife, La'Quetta Small, were back in Atlantic County court Thursday for a hearing.
The couple is accused of abusing their teenage daughter.
On Thursday afternoon, the lead investigator took the stand, testifying about iPad recordings made by the daughter's boyfriend while they were on the phone.
"Is it fair to say she never says, 'Yes, I consented prior to the recordings being made?' She never says that right?" questioned defense attorney Michael Schreiber as Det. Sgt. Ryan Ripley was on the stand.
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On Monday, the Smalls' daughter took the stand for the first time in the case, testifying that she told her boyfriend to record their conversations "in case something happens."
The Smalls' defense team does not think those recordings should be used at trial.
"I don't think a juvenile can consent. I've given the judge plenty of case law that says that. And we'll have to see what the judge rules on that," said Schroeder.
The Smalls are accused of assaulting their daughter in December 2023 and January 2024. She was 16 at the time.
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The Smalls have pleaded not guilty, Mayor Small repeatedly calling the case "a private family matter."
Earlier this month, Small won the Democratic primary in his quest to serve another term as Atlantic City's mayor.
His wife, Dr. LaQuetta Small, is the superintendent of Atlantic City Schools.
The defense also wanted to call the daughter's boyfriend to the stand Thursday to testify about the recordings he made.
That led to prosecutors moving to disqualify one of the defense attorneys, claiming a conflict of interest.
La'Quetta Small's attorney, Michael Shreiber, previously represented him in a juvenile case.
No ruling has been made on the issue of the iPad recordings.
A trial that could've happened in July will now be pushed back later in the year.