BLOOMFIELD, NJ — An Essex County prosecutor told a judge on Friday, Feb. 16, that the defense counsel for former Bloomfield High School teacher and running coach Leo Donaldson has taken contradictory positions on whether a plea deal or a trial was imminent. Donaldson has been indicted on 36 counts stemming from alleged sexual contact with minors. His husband and co-defendant, Bradley, was indicted on one count of child endangerment by the same grand jury.
“We don’t know where this is going,” Assistant Essex County Prosecutor Celeste Montesino told Judge Richard Sules, in Newark Superior Court. “What was told to me was that the defendant would plead, but needed more time.”
Montesino said she had received a motion to dismiss a large portion of the indictment and had prepared a response that very day. Donaldson was represented by Steven Zakharyayev who said his client absolutely wanted to plead.
“The parties are close on a plea,” Zakharyayev said. “The additional motions are in the event if the plea falls apart.”
Both defendants were in court wearing similar khaki-green winter jackets.
Sules wanted to know why the motions were necessary for a plea agreement. Zakharyayev said a motion for an independent investigation might provide useful information. Montesino said that motion had been filed the day before.
“It is the state’s position the defense has had all the information since January 2017,” she said.
Sules asked Zakharyayev if there were any other motions that would prevent a plea and Zakharyayev said no. Sules said he did not understand why the defense did not already have all the information it needed.
“The state isn’t obligated to keep the plea offer open,” he said.
The judge said the court preferred a plea arrangement and thought the defense wanted one, too.
“I took counsel at its word,” Sules said. “The state has its obligations to the victims. I’ll let you pursue your motions.”
Montesino also said she would take the defense at its word, but for only a week.
“Otherwise, I’ll rescind the offer,” she said.
Sules scheduled the Donaldsons to return March 2.
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