Appeal Denied in Child Abuse Case

The New Jersey Supreme Court refused Wednesday to hear an appeal of a lower court decision that overturned the child sex abuse conviction of a former day care center teacher.

Margaret Kelly Michaels, 31, was convicted in 1988 of 115 counts of sexually abusing 19 children, ages 3 to 5, at the now-closed Wee Care Day Nursery in Maplewood and of endangering the welfare of a 20th child.

An appellate panel overturned the convictions in March, citing misuse of expert testimony and the trial judge’s decision to deny defense attorneys access to the children, who testified from the judge’s chambers on closed-circuit television. Michaels, who was recently profiled in View, was released on bail on March 30.

The court, in a brief statement, said it would not certify an appeal from Essex County Prosecutor Clifford Minor. However, the court said it may, if asked, consider the appeals court contention that hearings would be needed to determine if pretrial interviews tainted the childrens’ testimony. The court said that matter may be reviewed if the prosecutor’s office asks for a retrial.

The ruling put the next decision--whether to seek a retrial--in Minor’s hands. In a statement issued early Wednesday evening, Minor said he will meet with the parents of the children to determine if he will seek to try the case again.

Minor said he was “very disappointed with the court’s decision,” because he hoped “the child victims would not have to relive their ordeals.”