Prosecutor: Ex-Mendham teacher sent sexy pics to students

A judge Thursday refused to dismiss an official misconduct indictment or to suppress evidence seized with a search warrant at the home of a former West Morris-Mendham High School teacher who is accused of abusing her position by having intercourse with one adult student and sexting via Snap Chat and Instagram with two others.

Superior Court Judge Stephen J. Taylor, sitting in Morristown, released a written decision that denied defense lawyer Timothy Smith's motion to dismiss an indictment that charges Nicole L. McDonough, 34, of Mount Olive, with three counts of official misconduct. Smith had contended that McDonough could not be charged with official misconduct because the underlying basis of the charges -- sex with an 18-year-old student and sexting with two other 18-year-old students -- is not a crime.

Agreeing with Morris County Assistant Prosecutor Christopher Schellhorn, the judge's 13-page decision concluded that testimony to a Morris County grand jury adequately provided a "prima facie" case to support the issuance of an indictment against McDonough.

The judge handed out his decision at a hearing at which he also verbally denied a motion by Smith to suppress evidence seized in December 2014 from McDonough's house, including photographs taken of certain rooms and her cell phone.

The written ruling revealed details of McDonough's alleged improper relationships with three 18-year-old students at the high school in the winter and spring of 2014. The details were highlighted, in part, to show that McDonough allegedly violated district policies by improper fraternization with students and engaged in acts that were an "unauthorized exercise of her official functions" as a teacher.

The ruling noted that one male, called to testify before the grand jury, stated that he had sexual intercourse with McDonough on May 31, 2014, a day after senior prom, at her home in Mount Olive. The male also stated that he had sex with McDonough two more times before he graduated from high school, and that his relationship with her started when he hung out with a friend in class to speak to her, according to the decision.

The same male testified to the grand jury that he communicated with McDonough on a daily basis primarily through text messaging and Snap Chat, and that they also spoke over the telephone and were contacts with each other on Instagram. The same male told authorities that he would skip class to hang out with the teacher, the decision detailed.

The second accuser, a student of McDonough's during his senior year at West Morris-Mendham, provided a sworn statement to police that was in turn relayed to the grand jury. This accuser told police he communicated with McDonough through text messaging, Snap Chat and Instagram and that he had sexual conversations with her and that she invited him to have sex, the decision said.

A third accuser, a student of McDonough's during his junior and senior years, told police he communicated with McDonough via Snap Chat on a daily basis during his senior year and some of the conversations were sexual, the decision recounted.

"In particular, (the male) told law enforcement that he received a photograph sent by defendant of the defendant's clothed buttocks in either tight pants or yoga pants with a caption that said 'You will be seeing this soon.'  (The male) also told law enforcement that he received a picture of the defendant wearing just a bra and a picture of the defendant coming out of the shower wearing just a towel," the decision said.

The judge found that the Prosecutor's Office obtained a valid grand jury indictment by presenting evidence that McDonough was a public servant, acted with a purpose to obtain a benefit or deprive another of a benefit, committed an act relating to but constituting an unauthorized exercise of her office, and did so knowing the act was unauthorized.

While the defense lawyer had argued that McDonough's alleged conduct with adult students had nothing to do with her position as a teacher, the judge disagreed and noted that she met all the accusers on school grounds.

"The testimony established that defendant's relationship's with (one male) began in her classroom while (the male) 'cut' his class to hang out with his friend. The testimony also established that defendant communicated directly with (two others) in an inappropriate fashion and in violation of applicable school policies, while both were students in her class," the judge wrote.

McDonough was never charged with any sex-related offenses because all three accusers were 18 years of age.

Smith, the defense lawyer, also unsuccessfully asked the judge Thursday to suppress evidence seized during a search of McDonough's home in December 2014 after the allegations were made. Photographs of parts of her home were taken and her cell phone was seized, which revealed she had the names and contact information for the three accusers in the phone.

The Prosecutor's Office has extended a plea offer of five years in prison, with all five years to be served before release.  The next conference in the case was scheduled for Jan. 12.

Smith told the judge he will review the decisions and discuss the possibility of appealing the denial of his motions to dismiss the indictment and evidence obtained through the search warrant.

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.