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	Judge Weighs Bad Acts at Trial He Fears Creating Rush to Judgment By Margaret McHugh Star-Ledger October 26, 2007 http://www.nj.com/news/ledger/morris/index.ssf?/base/news-3/119337750471790.xml&coll=1 A judge yesterday said he has concerns about allowing testimony of three men aired at the trial of a former Bayley-Ellard High School principal accused of molesting a male student. "I want to avoid any rush to judgement by a jury," Superior Court Judge John Harper said. Harper must decide if the prosecution can let the men testify to "other bad acts" by Frank Mattiace to help establish criminal intent. Mattiace, 70, of Montville, faces trial on charges he fondled a 17-year-old student and tried to make the student touch him dur ing the 2002-03 school year. The Catholic school in Madison has since closed. At a hearing last week, a 2001 Bayley-Ellard High School graduate said when he was a senior, Mat tiace made what he thought were inappropriate comments. A janitor who worked for Matti ace eight years earlier at another school said Mattiace made sexual advances. And a former Bayley-Ellard teacher who is homosexual described being coerced into having a sexual relationship with Mattiace for 4 1/2 years. Mattiace was indicted in that case too, but in 2004, Harper ordered the matters be tried separately. Morris County Assistant Prosecutor Melanie Smith argued yesterday that the men's testimony is crucial, in light of the defense rais ing claims that the victim was a troubled teen and either fabricated the allegations or imagined them. Defense attorney Gerard Han lon had contended that the stu dent, now 21, had psychiatric problems and used drugs. Mattiace is accused of making sexual comments to the student, rubbing against him and trying to make the boy touch him. Without the other men describing their dealings with Mattiace, "I'm stuck empty-handed," Smith said. She cited court rulings that said just because testimony could be prejudicial doesn't mean it shouldn't be allowed. Hanlon argued the testimony should be barred, and that it would amount to overwhelming prejudice against Mattiace. Hanlon said the other alleged incidents were not close in time or similar in nature to what Mattiace is charged with doing to the student, two factors necessary for "other bad acts" tes timony to be permitted. Hanlon also said some of the al leged acts are so explicitly sexual that they would leave no room in a jury's mind about intent. Harper said he would issue a written decision before the next court hearing on Dec. 3. "Frankly, I've got a lot to chew over," he said. Margaret McHugh can be reached at mmchugh@starledger.com or (973) 539-7119.
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