A Maplewood teacher charged with sexually assaulting six students is looking to get charges dismissed this time alleging the "laziness" of the prosecutors in presenting the case to the grand jury.
The 36-year-old Columbia High language arts teacher, Nicole Dufault, is facing a 40-count indictment charging her with aggravated sexual assault and endangering the welfare of a child after allegedly engaging in sexual activity with the six students -between 14 and 15 years of age - on multiple occasions between about July 2013 and August 2014.
Among evidence against Dufault include a cellphone video recorded by a second student present while she performed oral sex on one of the two students in her car.
Previously, Dufault's attorney, Timothy Smith, filed a motion to dismiss the child endangerment charges and pushing to have separate trials in connection with each of the alleged victims. However, the judge rejected that motion and downgraded four of the charges from second to third degree crimes because of the differences between each of the alleged relationships.
According to the Essex County Chief Assistant Prosecutor Clara M. Rodriguez, prosecutors will file a written response to Dufault's motion on Nov. 23, adding that there is no basis to dismiss the indictment.