PATERSON, NJ - Mohammed Akhtaruzzaman's lawyer called four witnesses on Tuesday afternoon in an attempt to convince Superior Court Judge Thomas Brogan to reconsider his verdict nullifying Akhtaruzzaman's victory in the 2nd Ward election in May.
Brogan is scheduled to render a decision at 10:30 am on Wednesday.
At stake is not only whether there should be a new trial in the lawsuit filed against Akhtaruzzaman by Aslon Goow, but also the question of whether there will be a special election on November 6 to fill the seat that became vacant when Goow won the original ruling.
Akhtaruzzaman is arguing that evidence not available during the original trial in the summer proves that he updated his voter registration records in August 2011 and should not have been disqualified on the grounds that his registration was invalid.
"There's no question there was very compelling testimony on evidence that never came up in the trial,'' said Theodore Kyles, Akhtaruzzaman's lawyer, the third he has used in these proceedings.
But Goow's lawyer, Michael DeMarco, insisted that none of the evidence and testimony presented on Tuesday proved that Akhtaruzzaman had corrected the problem with his voter registration.
The four witnesses who testified yesterday were Akhtaruzzaman, Goow, Passaic County elections superintendent Robert DeMers and Akhtaruzzaman's original attorney in the case, Joe Garcia.