Atlantic City Mayor Marty Small and his wife, La'Quetta, arrive at the courthouse for the start of his trial.
"Thank you, Jesus!" Atlantic City Mayor Marty Small screamed. "Thank you, jury!"
He was cleared on all counts.
The jury needed only a short playback of testimony Small gave about what happened during "the tussle with the broom" between him and his daughter.
"I did not, I repeat did not, beat my daughter with a broom," the mayor said Friday, in testimony that was replayed for the jurors just before noon.
Small was accused of knocking the girl out with a broom during an argument sparked by her refusal to go to a peace walk in Atlantic City.
The jury started the day asking to hear Small's testimony about what happened during the Jan. 13, 2024, argument.
The court spent time to isolate both the mayor's direct testimony and cross-examination about the incident
But hearing Small replay the story of a ripped shirt, a brandished butter knife and fending off his daughter, the jury said, "We're good."
A short time later, word came of a verdict.
Small's testimony talked of how he got between his wife and daughter as they were fighting in the second-floor laundry room.
He said the girl ripped his shirt and threw detergent on him.
She then went into her room, and he went in "to deal with my daughter," he said.
Small claims his daughter picked up a butter knife from a plate in her room and made stabbing motions with it.
He acted out the motion on the stand, using a plastic cup.
Then he said she picked up the broom off her bed and came at him. He put his hands on the handle to fend off the attack, he told the jury, standing up and showing what he says happened.
She fell backward, striking her head and passing out "for about 10 seconds," he said.
He called for his son to get some water, which he sprinkled on her, and she came to.
Small said he saw his daughter's eyes "roll up in her head," and was questioned about not taking her to a doctor for three days.
It was not clear if that portion of his testimony would be included.
The jury indicated Wednesday that it could be deadlocked on a count, although the count was not specified.
Considering their latest request, it seems they have not reached a decision on the aggravated assault charge. But that also does not mean they have reached consensus on the others.
A previous question also pointed to that charge, when they asked for the judge to "simplify" the difference between aggravated assault and simple assault, which the jury can choose as a lesser charge.
The defense had argued against allowing simple assault to be an option.
Among the jury's questions Wednesday were: What happens if we can not agree on a count?
The judge discussed with the attorneys on both sides about his response to the note sent out at about 2:45 p.m., agreeing only to tell them that they had not been deliberating that long, and to continue deliberations.
"My intention is not to have a mistrial or partial verdict," Judge Joseph Levin told the attorneys before bringing the jury in.
Before leaving for the day, Levin did tell the attorneys that he would be reading up on partial verdicts, in preparation in case the jurors cannot agree on all counts.
That would mean he would accept the charges where they are unanimous, Whatever charge or charges remain then could be retried.
Small was accused of assaulting and threatening his daughter, along with ignoring alleged abuse by her mother, Atlantic City Schools Superintendent Dr. La'Quetta Small.
Dr. Small is set to go on trial next year. The date originally was set as Jan. 12, but that has been postponed. The new trial date is April 20.
The cases were severed to be tried separately due to Mayor Small's additional count of witness tampering for allegedly trying to get the girl to change her story that he knocked unconscious with a broom Jan. 13, 2024.
But exactly what was said when Small discussed the allegations with his daughter is a question the jurors still had, according to one note the jurors sent out Wednesday.
"Tampering with the witness: What happened in September of 2024?" it asked.
Small could be seen shrugging when that was read, seeming to acknowledge his defense's argument that the charge should have been dropped before it reached the jury, since his daughter could not recall what her father told her.
Levin said he could not point the jurors to certain evidence, so instead told them "you have to rely on your own recollections."
Small has had a large support system throughout the trial, that has carried on during the wait for a verdict. They include several city workers, his wife and Constance Days-Chapman, the suspended Atlantic City High School principal who is accused of failing to report the daughter's abuse allegations. Her trial date has not been set.
