Attorney General challenges Mendez indictment dismissal

Two days after Alex Mendez lost a bid for mayor of Paterson by three percentage points, Attorney General Jennifer Davenport is asking a state appellate court to overturn the dismissal of voter fraud charges against him.

Superior Court Judge Sohail Mohammed tossed the six-year-old indictment against Mendez last month, deciding that prosecutors with the embattled state Office of Public Integrity and Accountability failed to give him a speedy trial and erred by not disclosing an immunity agreement reached with a key witness.

Mendez and fellow Councilman Michael Jackson were charged with election fraud, mail-in ballot fraud, unauthorized possession of ballots, tampering with public records, and falsifying records. They had allegedly engaged in mail-in ballot fraud during Paterson’s 2020 municipal election, when the U.S. Postal Inspection Service found hundreds of mail-in ballots bound together in a series of mail deposit boxes. Mendez faced other counts of false registration of transfer and attempted false registration or transfer.

“The charges in this case stemmed from troubling allegations and evidence of an attempt to circumvent the will of Paterson voters and to disrupt a level, fair playing field for all candidates,” said Davenport.  “We believe in our likelihood of success on appeal, and we look forward to bringing this case to trial. We are committed to standing up for the rights of the electorate, and for justice.”

Paterson voters re-elected Mayor Andre Sayegh to a third term by 613 votes, 33%-30%, over Mendez.  Jackson, who is awaiting news of his own indictment, finished third with 26%.

Davenport had until May 28 to appeal Mohammed’s decision.  She clearly waited until after Election Day to avoid any appearance of impacting the election.   The appellate division will now set a briefing schedule, and it’s always unclear how long it will take them to decide the matter.

This story was updated at 9:35 AM on May 15.