Crime & Safety

Prosecutor Objects Pretrial Program in Mendham Teacher Sex Case

Nicole McDonough is seeking to have official misconduct charges dismissed entirely.

The state formally opposed a request for pretrial intervention from a Mendham High School teacher indicted for allegedly having sexual relations with a former student, and conducting “improper” relationships with two others.

Nicole McDonough, of Mt. Olive, a currently suspended teacher indicted on three counts of official misconduct, had her application for pretrial intervention formally opposed by the prosecution during a status conference Tuesday, nj.com reported.

The head of the PTI program – a probationary sentence that admits no wrongdoing and drops all charges if conditions are met – supported McDonough’s application, the report said, and the teacher’s attorney, Tim Smith, said he would be appealing the prosecution’s motion.

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Despite the back and forth, with another court date set for July 8, Smith is still pursing a complete dismissal of the charges, dailyrecord.com reported.

McDonough is not charged with any sex crimes as all alleged victims were 18 at the time of the incidents, which occurred in the spring of 2013 and 2014.

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The incidents in 2013 occurred through sexual text messages, and the 2014 incidents with another student were physical in nature, the prosecutor’s office said.

McDonough has formally pleaded not guilty to all charges and rejected a deal that had a five-year jail sentence.
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