Accuser Could Face Evaluation in Bayley-ellard Fondling Case

By Peggy Wright
Daily Record

July 25, 2008

Lawyer for ex-principal seeks to have former student tested

The lawyer for ex-Bayley-Ellard High School Principal Frank Mattiace told a judge on Thursday that he plans to request a court-ordered psychiatric evaluation of a former student who accused the administrator of fondling him.

At a brief conference in state Superior Court in Morristown, defense attorney Gerard Hanlon told Judge John B. Dangler that he will file a motion seeking an evaluation of the now 22-year-old accuser. The accuser said Mattiace was sexually inappropriate with him on school grounds on several occasions in 2003.

Morris County Assistant Prosecutor Melanie Smith said she will oppose the request, which Dangler said he would hear on Oct. 16.

"I think we have sufficient information to support a viable motion," Hanlon said.

After the accuser, then 17, complained of Mattiace's alleged conduct, Hanlon had said the teenager was troubled. He was expelled from several schools before his admission to the Madison-based Catholic school in 2003. The private Bayley-Ellard stopped operating in 2005.

Since turning 18, the alleged victim has been convicted of a drug offense and remains charged with another offense in another county.

A 71-year-old resident of Montville, Mattiace faces two separate trials in Morris County. One is on child endangerment and sexual contact charges relating to the student in 2003.

Separate trial

A separate trial would be held on charges that he forced a male Bayley-Ellard teacher into a sexual relationship that lasted from July 1997 to Dec. 31, 2001. The teacher contends that he submitted to Mattiace's demands because he was noncertified and afraid that he would otherwise be fired.

A now-retired Superior Court judge ruled in December that prosecutors could call two particular male witnesses to testify about sexually oriented encounters they had with Mattiace. A state appeals court panel reversed that decision.

No date has been set for either trial for Mattiace.


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