After defense counsel cited the upcoming Hudson County sheriff’s race where Bayonne Mayor Jimmy Davis is the democratic nominee, a judge delayed former Bayonne Business Administrator Melissa Mathews’ trial scheduled for October 6th.
By John Heinis/Hudson County View
” … As the jury pool for the upcoming trial and the voter pool for the simultaneously upcoming election are the same individuals, Hudson County residents, the voting jurors sitting on the case would also likely be casting votes for or against Mayor Davis on election day, which will be in the middle of the trial,” Boris Shapiro, who is representing the city, wrote to Hudson County Superior Assignment Judge Joseph Turula on Tuesday.
“Moreover, in the days and weeks leading up to the trial, they would presumably be educating themselves about the candidates, including Mayor Davis, in anticipation of their votes … Seemingly, without interfering with the jurors’ ability to meaningfully participate in the electoral process, they could not be restricted from considering such information during the course of the trial.”
He further contends that as the mayor and a defendant in the case, Davis has the right to be present for trial, which is anticipated to last for about six weeks, however it would be “impossible” for him to do that during peak election season.
Shapiro concludes that the defense would like the case to commence in January, following the election and end-of-year holiday season, acknowledging that counsel to Mathews, Juan Cervantes, is not consenting to the adjournment request.
A new trial date has not been set as of this writing, but the public court docket in the case shows that the October 6th trial date has been adjourned as of yesterday.
On the same day, Lisa Barré-Quick, who is also from the law firm Apruzzese, McDermott, Mastro & Murphy, P.C. and representing the defendants, expressed concerns about Mathews posting about her case on Facebook.
“As I expressed to counsel when we spoke this morning and advised him we would be reaching out to the Court relative to this issue, it is our view that this matter should be tried in Court before Your Honor and a duly sworn jury, not on Facebook in anticipation of and/or during the upcoming trial,” she argued.
“Should your Honor require a copy of the post, same can be provided to the Court. Same has already been provided to Plaintiff’s counsel.”
Barré-Quick also said in the court filing that this would be a prudent measure “as to avoid any further prejudice to defendants and/or intimidation of potential trial witnesses.”
Mathews filed a gender discrimination lawsuit claiming that several of her male colleagues repeatedly harassed her, also alleging that claims of abuse of public office were ignored back in April 2021.
As for Davis, he defeated five-term incumbent Sheriff Frank Schillari by around eight points in the June 10th Democratic primary with the support of the Hudson County Democratic Organization (HCDO).
While he has a Republican opponent in Elvis Alvarez for the November 4th general election, Hudson County has not elected a GOP sheriff since 1904.
If Davis is victorious in November and sworn in as sheriff in January, the Bayonne City Council will appoint an acting mayor, with a special election called under very specific circumstances, as only HCV reported.
