PATERSON, NJ - Who delivered what and where was immaterial to a decision to prevent Third Ward Councilman Elect Alex Mendez from being sworn in as originally scheduled at noon, Passaic County Superior Court Judge Ernest Caposela declared moments ago.

His Tuesday decision, which he reiterated in a brief Wednesday hearing, was based on the “totality of circumstances” surrounding the election, namely the total number of ballots that were disallowed.

“There is no way I can come to the conclusion that this election represents the will of the people, especially in the Third Ward,” Caposela.

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At the center or the appeal made by Gregg Paster, Esq., Mendez’s attorney, was the identity of a woman whom the McKoy camp claimed admitted to picking up delivering ballots from and to unknown locations on May 4. The Mendez appeal stated that they also spoke with the woman, and that she simply carried campaign literature, but these, Salmon said, are different individuals who go by the same name.

McKoy's attorney has argued that allowing Mendez to be seated would cause "irreparable harm," while Paster rebutted that keeping the seat vacant in this manner would be an "extraordinary and unprecedented step," and that with several Party leaders coming out in opposition to the outcome of the election the criminal charges Mendez faces "look too political to be clean."

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