James M. Porfido Attorney at Law, L.L.C.
Kittatinny teacher wants student sex confession tossed
55 Madison Avenue Suite 120
Morristown, New Jersey 07960

Telephone: 973-683-1140
Fax: 973-683-1147 URL: http://www.porfidolaw.com

October 5, 2007
The Star Ledger 
By Jim Lockwood

A Kittatinny Regional High School teacher charged with having sex multiple times with a 15-year-old student wants his alleged confession thrown out, authorities said.

After a hearing today in Superior Court in Newton, the defense attorney for teacher James Cunneely, 31, said he has filed a motion to suppress his admissions of sex with the girl at motels, in his car and at her home.

Cunneely's statement was being taken by police at about the same time when his initial defense attorney called police to say he was representing Cunneely, and that raises a question of whether the statement should have been ceased when legal counsel called, said defense attorney James Porfido, who became Cunneely's lawyer a few days after arrest.

Meanwhile, plea negotiations in the case have now stalled, as the state has received new "discovery" information in the case, Sussex County Assistant Prosecutor Francis Koch said.

Cunneely, of Hardyston, was arrested Feb. 5 after having a five-month relationship with the girl, authorities had said. He admitted to having sexual trysts with the girl at several motels, in his car, in her bedroom and even in her mother's bedroom, according to an arrest affidavit.

Cunneely, who remains free in lieu of $75,000 bail, was indicted May 15 on one count of first-degree sexual assault, two counts of third-degree sexual contact and two counts of third-degree child endangerment. He pleaded not guilty to the charges at an arraignment on June 18.

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