Man accused of sexual assault on Robbinsville girl denies installing spyware on her computer

ROBBINSVILLE — The 12-year-old girl at the center of child molestation charges lodged against 39-year-old Darren Maglione was a baby sitter for Maglione’s children who often went on picnics in the woods with the married father of two, court documents have revealed.

The girl, now 14, initially told investigators that the two had done nothing “bad” and that Maglione would only kiss her on the lips and stroke her hair, the papers reveal.

But she eventually told police that she had engaged in intimate relations with Maglione, who is charged with aggravated sexual assault.

Yesterday defense Attorney Robin Lord sought to quash other indictments against Maglione in connection with the girl. She said prosecutors failed to prove that Maglione installed spyware on the girl’s computer and argued that the resulting indictments of computer theft and stalking should be dismissed.

The spyware was found on the laptop after Maglione’s alleged relationship with the girl was revealed in late 2009. The spyware recorded online activities as well as images and sounds of those using the computer. The data was set up to forward to the e-mail in the Maglione home, prosecutors said.

Lord argued in court yesterday that investigators found no proof that Maglione ever accessed the information recorded by the tracking device, a key element in proving the computer theft charge. She further opined that there’s no proof Maglione even installed it. Maglione’s wife, Maryann Nutt could have put it on the computer to track her husband’s interaction with the girl, Lord said.

Assistant Prosecutor Brian McCauley agreed to having the stalking indictment dismissed, saying it was a “stretch.” But he argued that there is enough evidence to support the computer theft indictment.

Superior Court Judge Robert Billmeier said he will rule on the matter at a later date. Maglione’s alleged relationship with the girl came to light when an off-duty sheriff’s officer alerted West Windsor police that the two were in the woods together in Nov. 2009. A subsequent search of the computer revealed the spyware and Maglione was arrested. Ten months later, after the girl allegedly revealed her relationship with Maglione to police, he was charged with sexually assaulting the girl on several occasions between May and November of 2009.

Prosecutors have argued that he continues to stalk the girl. The defense denies those charges and has accused the girl and her family of making it up.

Published: Saturday, November 19, 2011, 10:15 AM     Updated: Saturday, November 19, 2011, 10:36 AM

By Lisa Coryell/For The TimesThe Times, Trenton