I was deeply disappointed to read a statement from state Senator Ronald L. Rice (D-Essex) to The Star-Ledger that he will not vote to place the provisions of the recently vetoed Democracy Act on the 2016 ballot. Automatic voter registration, expanded early in-person voting, protections against voter harassment and other key measures included in the act would give a greater...

I was deeply disappointed to read a statement from state Senator Ronald L. Rice (D-Essex) to The Star-Ledger that he will not vote to place the provisions of the recently vetoed Democracy Act on the 2016 ballot. Automatic voter registration, expanded early in-person voting, protections against voter harassment and other key measures included in the act would give a greater voice to all New Jerseyans, especially communities of color. Although Sen. Rice states he has conditioned his vote for a Democracy Act ballot initiative on restoring voting rights for people on probation and parole - a worthy cause my organization supports - he does so at the expense of transformative change.

We agree that the stripping of citizenship rights to ex-offenders - most of whom have never been incarcerated - is a blatantly discriminatory policy which disenfranchises 1 in 5 otherwise eligible black voters and strips communities of power. I gladly join the senator in his fight, not only as an advocate, but as the sister and aunt of those whom have been denied the right to vote because of this unfair measure.

More: Same-day registration will boost turnout

Where I and other concerned voters break with the senator, is in the idea that we should throw out the Democracy Act, which would reduce barriers for the other 4 in 5 currently unregistered black voters. Automatically registering people who have business at an MVC or other state agency would register tens of thousands of new voters, especially young black voters of which 55 percent of between the ages of 18 and 29 say they do not vote because they are not registered.

I urge the senator to reconsider, not only as his constituent, but as a black Latina woman and an affected wife, sister, aunt and mother. Legislators have a remarkable opportunity to empower New Jersey voters to expand their own voting rights and those of their neighbors next year, but time is rapidly running out. Senate and Assembly members who voted for the Democracy Act in June and decried Gov. Chris Christie's November veto should place it on the ballot without delay.

Analilia Mejia is executive director of New Jersey Working Families.

Anthony Ambrose will begin transitioning into his new role as acting public safety director on Tuesday, officials said

NEWARK — Mayor Ras Baraka is turning to an old friend of the city as he begins a drastic overhaul of its public safety system.

Anthony Ambrose was officially revealed as the city's acting public safety director at a City Hall press conference Monday morning. In the newly created position, he will oversee the city's police, fire and emergency management departments.

With the full Municipal Council at his side, Baraka said the move would reduce burdensome bureaucracy in all of the departments — saving more than $500,000 in the process — while increasing accountability and freeing up new hands to help with the city's battle with crime.

"It's always easy to have less people accountable and not more. There's only one or two people at the top that have to take full responsibility," he said.

Ambrose is a local law enforcement veteran who has served as the chief of detectives with the Essex County Prosecutor's Office since 2008. He cut his teeth as an officer in Newark, rising to become police chief and police director between 1999 and 2006.

He then joined the Essex County Sheriff's Office as an undersheriff before moving to the prosecutor's office, where he supervised investigations into homicides and other major offenses.

Baraka proposes consolidating Newark police, fire director jobs

In an interview Monday afternoon, Ambrose said he would begin transitioning into his new role on Tuesday, while balancing his current duties as chief of detectives. He will continue to collect his $170,900 salary from the county, and will not be paid by Newark until he can be confirmed as permanent director by the city council.

Anthony Ambrose (Essex County Prosecutor's Office)

"I like a challenge. I think we can build on what (previous police leadership) has done," he said. I'm not here to consolidate police departments - it's not on my radar at all. In any department, there's room for improvement."

The official creation of the public safety must also still be approved by the executive body, but will also include several other moves among the upper ranks of the police and fire departments.

Raul Malave, a longtime battalion chief with the city's fire department, will take over as deputy public safety director. Fire Chief John Centanni and Police Chief Anthony Campos both remain in their current positions, though several sources have told NJ Advance Media that Campos appears to be on his way out of the department.

Eugene Venable, who Baraka had appointed police director when he took office last year, will remain with the force in an unspecified command staff role, according to Baraka. Fire Director James Stewart, who now finds himself without a position, is expected to retire.

"He's served well for almost 50 years. We thank him and applaud him for the work that he's done," Baraka said of Stewart.

The consolidation of the police, fire and emergency management operations enables the city to eliminate various positions from the respective departments, including deputy directors, finance and communications jobs — accounting for much of the significant annual savings.

The mayor also acknowledged that the move was at least partially spurred by an increase in violent crimes across the city. Police have recorded 98 homicides so far this year — five more than during all of 2014 — and shootings have spiked more than 15 percent.

However, city officials said they did not believe the shake-up was an admission that the police department's current leadership was somehow lacking.

"I don't think that this is an admission at all," said Central Ward Councilwoman Gayle Chaneyfield Jenkins. We're still coming off of the layoffs of 167 police officers, we're still dealing with the fact that poverty is way off the charts. This is just an opportunity to coordinate and enhance the efficiencies that we need."

West Ward Councilman Joe McCallum expressed similar sentiments, saying he hoped the move would show residents that officials were not taking the city's struggles with crime lightly.

"We all know the residents know that we need to do something different," he said. "We need to be proactive and not reactive, and I think this is a part of that."

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

Linda Watkins-Brashear was targeted for mismanagement and corruption last year in a scathing report by the state comptroller's office.

The former director of the Newark Watershed Conservation and Development Corp., pleaded guilty Monday to soliciting nearly $1 million in bribes from businesses in return for overinflated and no-work contracts.

Linda Watkins-Brashear, who presided over the non-profit agency as it slid to dissolution amid charges of corruption and mismanagement, pleaded guilty to conspiracy and filing a false income tax return in Newark federal court before U.S. District Judge Jose Linares.

Watkins-Brashear, who led the agency that kept the tap water flowing for half a million northern New Jersey water customers from 2007-2013, faces up to 23 years in jail and $350,000 in fines in pleading guilty. She also must forfeit the $999,000 that was kicked back to her. 

A former consultant who was hired by Watkins-Brashear, Donald Bernard Sr., was charged last year in the kickback scheme.

A 2014 state comptroller's report slammed Watkins-Brashear for enriching herself and giving more than $1 million in contracts to her friends and ex-husband. 

In court Monday, she admitted to demanding bribes from contractors providing printing, marketing, cleaning, roofing, security, interior design services, political and media consulting services. She also acknowledged issuing unearned bonuses to an employee and then demanding about half of it back for herself. 

In return, the contractors received inflated contracts and in some cases, they did not perform any work. 

In admitting to the single false tax return count, Watkins-Brashear admitted underreporting her income by $316,000. 

"Today, Linda Watkins-Brashear fully, completely and unequivocally has accepted 100 percent responsibility for her actions," said her attorney, Michael Baldassare.

The roofing contractor, Giacomo "Jack' DeRosa, was charged in a six-count indictment last year for his role in the kickback scheme, according to U.S. Attorney Paul Fishman's office.

 RELATED: Watershed director took Newark for millions, comptroller says

The comptroller's report chided the administration of Cory Booker, then the mayor of Newark, for failing to monitor the dealings of the agency, which had grown into the de facto manager of Newark's entire water and sewer department.  Booker is now a U.S. Senator.

After a political battle over the agency, it was legally dissolved in 2013. About a year ago, the reconstituted board of directors filed for bankruptcy in a move in part to recover funds that had been allegedly looted from the agency. 

Booker is among a group of 18 executives, employees, contractors, accountants and trustees to be named as defendants in a lawsuit alleging that they failed provide proper oversight of the agency. 

Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.

 

The legendary boxing promoter handed out the birds at Prince Hall Masonic Temple for the 14th straight year

NEWARK - Don King may be best known for his work around the boxing ring, but his day in Newark Monday was more about Butterball than Butterbean.

The legendary promoter traveled to Brick City for the 14th consecutive year to hand out turkeys to needy families for the upcoming Christmas holiday.

Dozens of residents formed a line that stretched along the sidewalk outside Prince Hall Masonic Temple on Irvine Turner Boulevard just after noon, where they waited to receive the turkeys from workers including King, former mayors Sharpe James  and Ken Gibson and current officials including Mayor Ras Baraka and members of the Municipal Council.

After the giveaway, much of the group traveled downtown to Edison Place, a portion of which was renamed "Don King Plaza" to honor King's work in the community.

Check out our photo gallery of the event above.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

The change allows transit commuters to set aside $250 a month in pretax earnings to purchase transit tickets

Transit commuters who endured a 9 percent fare hike on NJ Transit earlier this year will be able to get some relief after an increase in a pre-tax transit benefit was approved by Congress.

U.S. Senators Cory Booker and Robert Menendez, D-NJ said their legislation gives mass transit commuters the same pre-tax benefits for transit commuters as drivers receive for parking.

It would put $1,000 back in pocket of a commuter earning a salary of $50,000.

The change allows transit commuters to set aside $250 a month in pretax earnings to purchase transit tickets, which makes it equal with the $250 drivers can set aside for parking. Before the change, transit commuters had a maximum of $130 a month they could set aide, while drivers had a $250 ceiling.

"It makes a big difference if (transit) commuters get as much as they spend on commuting as motorists do," said David Peter Alan, chairman of the Lackawanna Commuters Coalition. "For too long, transit commuters have been treated as second class citizens."

The transit pretax benefit increase is retroactive for 2015 and will go up to $255 in 2016, Menendez said. Congress approved the change last week.

"It was one of the things we fought tooth and nail to raise," Menendez said. "They're on the same footing. Pre-tax transit benefits are equal to parking benefits and are permanent.

Booker said the $1,000 in potential annual savings will help transit riders offset some of October's 9 percent NJ Transit fare increase.

"Providing the same tax benefit to transit riders is balanced and progressive fiscal policy," said Veronica Vanterpool, Tri-State Transportation Campaign executive director. "This makes sense for our environment and economy."

Alan echoed comments by Booker and Menendez that the tax incentive could also encourage drivers to switch to the train or bus.

"The last thing we want to do is encourage motorists to take autos through those (Holland and Lincoln) tunnels at peak hours," he said.

Larry Higgs may be reached at lhiggs@njadvancemedia.com. Follow him on Twitter @commutinglarry. Find NJ.com on Facebook.

The Rutgers-Newark campus last week announced the "RU-N to the TOP" program, Rutgers' latest attempt to recruit students and curb the rising cost of college.

NEWARK -- Low-income Newark students and county college graduates have a new way attend Rutgers tuition-free. 

The Rutgers-Newark campus last week announced the "RU-N to the TOP" program, Rutgers' latest attempt to recruit students and curb the rising cost of college.

Beginning next fall, the university is offering to cover tuition and fees for Newark residents who are accepted at Rutgers-Newark and have a household income of $60,000 or less.

The school will make the same offer to low-income students statedwide who transfer to Rutgers-Newark after earning an associate's degree from one of the state's county colleges.

Students from low-income families already receive state and federal grants, and Rutgers will make up the difference in tuition and fees, which cost about $13,600 this year at Rutgers-Newark. 

http://www.nj.com/education/2015/12/watch_pepsi_produces_special_can_for_rutgers_250th.html

The university also announced it will cover the cost of room and board for all students who are accepted into its new honors living-learning community on the Newark campus.  

With the new scholarships, Rutgers is planting a stake in the ground for college affordability for city and state residents, said Nancy Cantor, chancellor of Rutgers-Newark.  

"We are saying to the young people of the city of Newark and our great state: We see your talent. We honor your talent. We want you to learn with us, and we want to learn from you," Cantor said. 

Rutgers-Newark is following in the footsteps of Rutgers-Camden, which announced  scholarships for low-income students earlier this year. 

Rutgers-Cadmen will cover tuition and fees for all New Jersey students from households earning $60,000 or less. Those from families with incomes between $60,000 and $100,000 will have 50 percent of their costs for tuition and fees covered by Rutgers. 

Adam Clark may be reached at adam_clark@njadvancemedia.com. Follow him on twitter at @realAdamClark. Find NJ.com on Facebook.

 

Russell Hamlet, 51, is being held at the Essex County Jail on $35,000 bond

Russell Hamlet (Essex County Correctional Facility)Dan Ivers | NJ Advance Media for NJ.com 

NEWARK - A city man was arraigned on drug charges this morning after Essex County Sheriff's officer found 71 vials of crack cocaine in his bedroom, authorities said.

Russell Hamlet, 51, was ordered held at the Essex County Jail on $35,000 bail three days after police serving a search warrant for his basement apartment on Cypress Street found the drugs stashed in a closet, Sheriff Armando Fontoura said in a statement.

The narcotics officers had knocked on the apartment door numerous times without success Friday morning, according to Fontoura, before eventually making a forced entry.

Once inside, they saw Hamlet attempt to run out the home's back door, but was quickly apprehended.

He is charged with drug possession and possession with intent to distribute, and remains in custody as of Monday afternoon.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

 

The New Jersey Supreme Court upheld the dismissal of a complaint filed by five West Orange residents in opposition to a municipal ordinance that permitted borrowing $6.3 million for a downtown redevelopment project

WEST ORANGE -- When it comes to filing legal challenges to redevelopment bond ordinances in New Jersey, timing is everything.

The New Jersey Supreme Court made that point on Monday when it upheld the dismissal of a complaint filed by five West Orange residents in opposition to a municipal ordinance that permitted borrowing $6.3 million for a downtown redevelopment project.

Under state law, such challenges must be filed within 20 days of the final publication of a bond ordinance. Since the residents filed their complaint 53 days after the final publication of the township ordinance, the Supreme Court affirmed a lower court ruling that dismissed the complaint.

The "clear purpose" of that 20-day rule "is to assure bondholders and
financial markets that bonds, once issued, will not be subject to attack," Justice Barry T. Albin wrote in the unanimous opinion.

"Permitting late-filed challenges to bond ordinances would erode public confidence in the legitimacy of bonds that are issued and almost certainly lead to delay in the implementation of such ordinances," Albin wrote.

The opinion states a court should consider extending the filing period to challenge a municipal bond ordinance "only in the most extraordinary of circumstances," but that such circumstances have not been presented in the West Orange case.

In a statement, West Orange Mayor Robert Parisi said: "The Township is pleased with the State Supreme Court's decision, which supports its enormous effort to redevelop Main Street. We look forward to this important project coming to fruition for the benefit of all our residents."

George B. Campen, the attorney who represented the residents in the matter, could not be reached for comment. The five residents either declined to comment or could not be reached for comment.

With a mix of residential and retail construction, the redevelopment project involves the rehabilitation of the historic Edison Battery Building on Main Street, which was part of an industrial complex built by Thomas Edison in the early 20th Century, according to documents on the municipal website.

RELATED: Despite failure of bond, W. Orange to redevelop

The legal battle has centered on the ordinance enacted by township officials on March 20, 2012, according to the Supreme Court opinion. The legislation allowed the township to issue $6.3 million in bonds to support the redevelopment project, the opinion states. The publication of the ordinance occurred on March 22, 2012, the opinion states.

Several township residents formed a committee to challenge the ordinance and, on April 5, 2012, the committee filed a referendum petition with Township Clerk Karen Carnevale to place the ordinance on the ballot for voter approval, the opinion states.

But on April 16, 2012, Carnevale rejected the petition after finding a redevelopment bond ordinance could not be placed on the ballot for approval by voters, and that the committee had submitted an insufficient number of valid signatures to trigger a referendum, the opinion states. The clerk rejected an amended petition on May 2, 2012 for the same reasons, the opinion states.

On May 14, 2012 - 53 days after the publication of the ordinance - a "Protest Committee" consisting of the five residents filed the complaint to challenge both the validity of the ordinance and Carnevale's rejection of the referendum petition, the opinion states.

The residents who filed the complaint are: Windale Simpson, Mark Meyerowitz, Althia Tweiten, Michael Scharfstein, and Rosary Morelli. The township, Parisi and Carnevale were named as defendants in the complaint.

The complaint alleged the bond ordinance was void because the municipality had not submitted the ordinance to the state's Local Finance Board for approval, and that the clerk wrongly rejected the petition, the opinion states.

A Superior Court judge dismissed the complaint and a state appellate panel affirmed that dismissal before the Supreme Court agreed to review the case. In its opinion, the Supreme Court affirmed the judgment of the Appellate Division.

The Supreme Court upheld the lower courts' findings that "an ordinance enacted under the Local Redevelopment and Housing Law is not subject to approval at the ballot box," the opinion states.

The court also rejected the residents' argument that the 20-day time frame did not begin until after the clerk's second rejection of the referendum petition.

"Pursuing a referendum in no way alters the twenty-day period in which an action in lieu of prerogative writs must be filed to challenge the legal validity of a bond ordinance," the opinion states.

Since the Supreme Court found the complaint must be dismissed for being filed after the 20-day deadline, the court did not rule on whether the bond ordinance required Local Finance Board approval.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Second man charged after he allegedly interfered with arrest

NEWARK -- Police are investigating to determine if a 26-year-old resident who was found in possession of two guns had any involvement with a nearby shooting Sunday, department spokesman Sgt. Ron Glover said.

 

Members of the city's Violence Reduction Initiative were patrolling along South Orange Avenue when they received a call of a shooting around 8 p.m. near Smith Street. The initiative consists of personnel from the FBI, State Police, Essex County Sheriff, Essex County Prosecutor and the State Parole office.

As soon as they arrived at the scene, officers found a man in front of a house in the 100 block of Smith who matched a description of the suspect, Glover said. Michael McClean was stopped as he was trying to walk away, Glover also said, and was placed under arrest after two 9-mm guns, a Ruger and a Taurus, were found in his possession.  

Police also arrested Emerson Pravilus, 40, who tried to interfere with the arrest, Glover said. He has been charged with obstruction of the administration of law.

The victim of the shooting was also located and transported to University Hospital. Glover did not have information on his condition.

Ballistics testing was being carried out to determine the origin of the rounds fired at the victim, Glover also said.

"Officers were able to make these arrests by quickly acting on the information provided to them by the dispatcher. Here again, with help from our partners in law enforcement, we were able to arrest the suspects and remove two more guns from the hands of a career criminal," said Newark Police Director Eugene Venable.

Police ask that anyone with information about this or any other crime call the department's 24-hour Crime Stoppers anonymous tip line at 877 NWK-TIPS (877 695-8477) or NWK-GUNS (877 695-4867).

Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook

 

Crimes were discovered after the Baywatch actress's account was fraudulently billed, police also say

NUTLEY -- An employee of a Franklin Avenue wireless store fraudulently purchased at least 13 cell phones and lines using the account information of company customers including actress Pamela Anderson, police said.

The store, whose name was not disclosed, reported the theft of thousands of dollars in merchandise Dec. 13, police said. Following an investigation by Det. Tom Perrota, 39-year-old Timothy Mangione of Union was charged with three counts each of forgery and theft by deception for fraudulently billing the accounts of Anderson, who rose to fame in the 1990s as one of the stars of the syndicated TV series "Baywatch," and two other victims. The store owner learned of the $8,591 fraud after Anderson's account was billed, police also said.

Mangione posted $10,000 bail pending a court appearance,police also said.

Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook

 

The Broadway unit of the Boys and Girls Clubs of Newark has changed people's lives and impacted an entire community. Now its being demolished to build an apartment building.

A tall green fence surrounds the empty, dilapidated Broadway unit of the Boys and Girls Club in Newark's North Ward.

Longtime residents and former members heard the news about the future of the building last month.

Others had not and expressed their disbelief.

"We just saw it,'' said Omar Lopez, standing with friends at Wakeman and Nursery streets. "We didn't know what that was about.''

The club that meant so much to so many in this community is being turned into an apartment building after sitting vacant for six years.

This is the intersection of progress versus nostalgia - a spot that can't be avoided. The same thing is happening in the West Ward, with the West Side unit of the Boys and Girls Club on Littleton Avenue.

MORE: Recent Barry Carter columns

The West Side building has been demolished. In its place, several floors of steel beams rise from the ground for a new charter school, one of many new projects that will continue to change the neighborhood.

When the West Side unit closed in 2008, a year before the Broadway unit, residents were told the building was too expensive to maintain. The community complained after the club's abrupt closure and residents pleaded with Boys and Girls Clubs officials to keep it open, making a case that it could be saved.  

There wasn't much fuss in the North Ward, because residents of  the neighborhood thought it would reopen after new floors and bleachers were installed before it closed in 2009. At the time, there were funds forthe improvements.

"We didn't see it coming,'' said Elizabeth McGrady, who was a member of the parent advisory council. "We were under the (assumption) that it was a reorganization and that it was going to come back.''

But the heating system collapsed, a repair too expensive for the administration to overcome. Combined with the recession, the organization struggled financially.

Mike Sancho, a former director at the Broadway unit and a former vice president of programs and services for the organization, said there was a lot of discussion within the administration about what to do with all of its clubs.

"It wasn't like we were planning on just closing the club and running out of town,'' he said. But officials, after much thought, eventually decided they had no choice but to close the unit.

The neighborhood eventually gave up hope.Weeds grew, garbage lined the property and vagrants moved in. Nothing  happened until the announcement came about the apartment building last month.

MORE CARTER: Vibrant neighborhood grows from small home improvements

Jorge Padilla, who lives on Wakeman Street, the block behind the club, is emotionally torn. He's glad that something is being done with his childhood playground, but he's sad to see the club go.

Padilla, 45, has never left the block. The home he lives in now is next door to the one in which he grew up.

"It's going to be weird not seeing it (club) there,'' he said.

With two clubs gone, there's only one left - the Central Ward unit on Avon Avenue. And when the Broadway unit is razed, fond memories will disappear, too.

Flip City, a competitive tumbling team, started there and won many national titles. Other club members hit the road for chess tournaments. One of its youth basketball teams participated in an exchange program with suburban kids from Illinois.  

Kids were in a rifle club. Golf was practice in the basement, tennis in the gym.

The Broadway unit started out as the Boys Club, when the Rutgers School of Pharmacy was across the street in the building that now houses the North Ward police precinct.

That's how far back McGrady is associated with the club. Her parents bought a home in the neighborhood in 1955, before the club opened. While growing up, since girls weren't yet allowed to attend the club, McGrady had to learn how to swim at the YMWCA in downtown Newark.

Thoughts of the club now sway from "tear it down'' to what life might be like if it were still open.

"There wouldn't be all of this killing,'' said Jermaine Calhoun, a former member. "This neighborhood would be different.''

This much is true, however. The club did what it was supposed to do during the time it was open on Arlington and Broadway avenues.

Sancho, who is now an executive director with the Boys and Girls Clubs of Florida's Martin County, Indian Town branch, said he sees the impact the club had on former members who he remains connected to through Facebook.

They are fathers at their son's baseball or football games. They are having robust discussions on current events. 

"People's lives were changed for the better,'' he said.

The club, its staff and volunteers had plenty to do with how members turned out in life. Isn't that something.  

Many of them probably thought the club would never go away. It has, but not before leaving an indelible mark on an entire community.

Barry Carter: (973) 836-4925 or bcarter@starledger or nj.com/carter or follow him on Twitter @BarryCarterSL

At the center of Samad Livingston's murder trial are the conflicting statements of him and a drug addict

NEWARK -- As Essex County jurors begin deliberations today in a murder trial, they must decide who is lying - the drug addict who claims she witnessed the crime or her supplier who is accused of killing a fellow drug dealer in a territorial dispute.

Those were the two scenarios presented to the jury on Monday during closing statements in the trial of Samad Livingston, who is facing murder and weapons charges in the Jan. 16, 2014 fatal shooting of Charles Walker on the porch of a home at 870 South 20th Street in Newark.

Essex County Assistant Prosecutor Eric Plant, who is representing the state, has alleged Livingston, 38, of East Orange, killed Walker, 35, because the two men had an agreement in which Livingston sold drugs after 2 a.m. and he became angry when Walker made a sale on South 20th Street after 2 a.m. that day.

Livingston's attorney, John McMahon, has argued the two men were friends and that Walker was killed before Livingston arrived at the scene.

At the center of the case are the conflicting statements of Livingston and his female customer.

While Livingston told detectives he showed up after Walker had been shot, the woman told police she saw Livingston point a gun in Walker's face, she walked down the street, heard a gun shot and turned around to see Livingston fleeing the scene in a vehicle, according to Plant.

In his closing statement, Plant accused Livingston of lying to police and said the woman was the one telling the truth. With Livingston feeding her drug addiction, she has "the least motivation to lie in this case," Plant said.

"What was her motivation to pin it on her own drug dealer?" Plant told the jurors. "She would have wanted her drug dealer still out there."

Referring to her videotaped statement, Plant said a detective did not coach the woman. The woman appeared coherent and "there's no evidence that she's high" in the video, Plant said.

"She told what she saw on that particular night," Plant said.

But McMahon has claimed the woman fabricated her story about Livingston after hearing rumors about the shooting.

McMahon has suggested the evidence proves the woman's claims are false. For example, the woman has said she believes Livingston was standing at the bottom of the front steps when he fired the weapon at Walker on the porch and then fled the scene, but the trajectory of the bullet suggests Walker was shot from behind, according to McMahon. She also is not seen on surveillance video footage of the area where she claims to have been walking, McMahon has said.

McMahon noted in his closing statement that a detective spoke to other people who were at the scene and they corroborated Livingston's statement that he arrived there after the shooting had occurred.

The only person in the case who has contradicted Livingston is that female customer, McMahon said.

"Why did she lie? Who knows," McMahon told the jury. "Do we have to show why she lied? No."

Making up the story "certainly gets her left alone" when it comes to dealing with the police, McMahon said.

"Let's not...under-appreciate what that means to be left alone when you're a drug addict," said McMahon, noting how addicts sent to jail face the physical pains of drug withdrawal. "You need to be left alone."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Some advice for New Jerseyans traveling out of state this week: Pay close attention to flight schedules and weather advisories. Watch video

If you're planning to celebrate Christmas outside the Garden State, keep a close eye on flight schedules and weather alerts. 

It's shaping up to be a stormy week across most of the nation, with snow storms threatening the western region and a good amount of rain hitting central, southern and eastern states, including New Jersey. Thrown into the mix are expectations of heavy fog in the East and the possibility of tornado outbreaks in parts of the South and the Ohio Valley on Wednesday.

That means there's a good chance of flight delays and sloppy highways.

"From the Mississippi Valley to the Atlantic coast, the vast majority of holiday travelers will not have to contend with snow or ice," AccuWeather senior meteorologist Alex Sosnowski said in a Christmas travel outlook report this week. "However, delays and difficulties associated with rain and fog are likely, along with the potential for downpours in some locations."

Among the cities expected to be affected by bouts of heavy rain on Wednesday and into Thursday are Boston, New York, Philadelphia, Baltimore, Washington, D.C, Atlanta, Pittsburgh, Nashville and Charlotte, N.C., according to AccuWeather.

PLUS: Records could be shattered by Christmas Eve warmth

The Weather Channel lists these interstate highways as those with the greatest probability of being affected by bad weather on Wednesday, one of the busiest travel days of the week:

* Interstate 95 from southern Maine to northern Florida (rain in most eastern states and thunderstorms in the Southeast)

* Interstate 90 from Boston to Minnesota (rain, possibly mixed with snow in southeast Minnesota and western Wisconsin)

* Interstate 40 from North Carolina to Arkansas (rain and thunderstorms, possibly severe)

* Interstate 10 from Florida to Houston (rain and thunderstorms, possibly severe)

* Interstate 20 from east Texas to South Carolina (rain and thunderstorms, possibly severe)

* Interstate 5 from Washington state to southern Oregon (rain, some snow)

Here in New Jersey, on-and-off rain showers are in the forecast for Tuesday, Wednesday and Thursday, with fog expected to form on Wednesday and warm temperatures expected to break all-time records on Christmas Eve.

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook.

 

The bizarre, offbeat New Jersey stories that left you scratching you head during the year gone by.

A Bloomfield man accused of killing a Rahway woman in her home refused to attend his initial court hearing.

ELIZABETH -- A man accused of murdering a Rahway woman this month was scheduled to appear in court twice since his arrest and both times he refused.

Roberto Grillo, who is charged with killing 36-year-old Yolanda Vega on Dec. 6, declined to attend a first appearance in the case on Dec. 18.

On Monday, Grillo's lawyer, Celeste Smith of the Public Defender's Office, told Gross that the defendant waived his right to appear in court and again would not be attending.

Smith, in respond to questions from Judge Joan Robinson Gross, confirmed that she had met with the 38-year-old Bloomfield man and made certain that he was aware of the murder charge filed against him.

Authorities say Grillo, who was known Vega, strangled the woman in her Beacon Street home in Rahway.

A complaint filed in Superior Court states that the probable cause of the murder charge is based on sworn statements from witnesses and physical and forensic evidence that incriminates Grillo. However, the complaint gives no details about the evidence.

Questions still surround the death of Vega, a mother of two sons. Neighbors say one son discovered a masked gunman hiding in a closet on Dec. 6 and ran to a couple next door. They said the masked man fled, but a neighbor briefly chased him until police arrived and questioned him while the gunman escaped.

Neighbors said police searched the house with a dog, but did not find Vega, and relatives filed a missing person's report. At about 4 a.m. the next day, Dec. 7, a family member found Vega's body in the basement, neighbors said.

The Union County Prosecutor's Office said Linden police arrested Grillo late on Dec. 6 when he was allegedly found trespassing on the Phillips 66 Refinery property about a half a mile from Vega's home. The arrest came less than two hours after Rahway police were reportedly called to Vega's home.

The murder charged was filed eight days later, on Dec. 15, according to court records.

Questions remain because Rahway police and the Union County Prosecutor's Office have declined to comment on whether the police were at the Vega house on Dec. 6.

At the time of his arrest, Grillo was free on $100,000 bond for a charge of sexually assaulting a juvenile. He is being held on $2 million bond.

MORE UNION COUNTY NEWS

Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.

Santa? Not everyone's a fan Watch video

With T-minus two days until Christmas Eve, Santa's back at the North Pole putting the final touches on his annual naughty/nice list. The man in red has been busy this month, meeting kids and getting their wish lists. For most children, meeting Santa was a joyous time full of wonderment. For a few, those who are scared of Santa, not so much.

We asked New Jerseyans for their scared of Santa photos, and we were inundated with all sorts of pictures both from the current Santa season and Christmases past. The gallery above has our favorites. There's crying and wriggling and even some kids who won't go near Santa's lap. If you've got scared of Santa photos, post them in comments.

John Shabe can be reached via jshabe@njadvancemedia.com. Follow him on Twitter and find NJ.com on Facebook.

Superior Court Judge Ronald Wigler told jurors Samad Livingston told police he prayed on the night of the incident, but "never indicated to whom he prayed"

NEWARK -- A prosecutor should not have told a jury that a murder suspect was "praying to Allah," an Essex County Superior Court judge told jurors Tuesday morning.

Superior Court Judge Ronald Wigler made the statement after Eric Plant, assistant Essex County prosecutor, told the jury during closing statements Monday that the defendant, Samad Livingston, spoke with police about how he was "praying to Allah."

In a statement read to the jury, Wigler told jurors that while the title "Allah" is commonly associated with the Islamic faith, Plant did not mean to suggest Livingston was Muslim. Both the prosecution and defense attornies acknowledged on Tuesday that Livingston is a Christian, Wigler said.

"Allah is a title for God in many religions," the judge said.

Wigler told the jury that Livingston told police he prayed on the night that 35-year-old Charles Walker was killed, but Livingston "never indicated to whom he prayed." 

The judge also told jurors that Livingston's religious beliefs are "not relevant," and instructed them to not consider them in their deliberations.

"A person's religion, religious denomination and religious beliefs play no role in our courts," Wigler said. "Freedom of religion is a constitutional right and all religious beliefs should be tolerated and respected."

After reading the statement, the judge instructed the jurors on the law behind the charges in the case before the jury began its deliberations.

Livingston, 38, of East Orange, has been on trial on murder and weapons charges in the Jan. 16, 2014 fatal shooting of Walker on the porch of a home at 870 South 20th St. in Newark.

During the trial, Plant has claimed Livingston killed Walker as part of a territorial dispute between the two drug dealers.

According to Plant, the two men had an agreement in which Livingston sold drugs after 2 a.m. and he became angry when Walker made a sale on South 20th Street after 2 a.m. that day.

Livingston's attorney, John McMahon, has argued Livingston and Walker were friends and that Walker was killed before Livingston arrived at the scene.

The case hinges in large part on the statement of a drug addict who told police she witnessed a dispute between the two men, she walked down the street, heard a gun shot and turned around to see Livingston fleeing the scene in a vehicle. Plant has said the woman is telling the truth, but McMahon claims she is lying.

In his statement to police, Livingston allegedly indicated he prayed in his driveway before driving to the crime scene and learning that Walker had been shot.

After closing statements were completed on Monday and the jury left the courtroom, McMahon called for a mistrial in light of Plant's false assertion that Livingston said he was "praying to Allah."

McMahon told the judge that "given the climate of today...I think it was both improper and offensive."

Wigler indicated he would not declare a mistrial, but told McMahon to propose an instruction to deliver to the jurors. After Wigler and the attorneys met privately in the judge's chambers this morning, they agreed on the statement the judge ultimately read to the jury.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

A 48-year-old Newark man with 18 prior arrests has been charged in Harrison with numerous drug counts related to 52 bags of suspected heroin with the logo "Frank Lucas."

HARRISON -- A 48-year-old Newark man with 18 prior arrests has been charged in Harrison with numerous drug counts related to 52 bags of suspected heroin marked with the logo "Frank Lucas."

Altariq Q. Beyah was arrested yesterday and charged with possession of the suspected heroin with intent to distribute and with intent to distribute within 1,000 feet of Hamilton Street School, the criminal complaint states.

Altariq has one prior disorderly persons conviction, one parole violation, and criminal convictions for robbery, resisting arrest, unlawful possession of a weapon, conspiracy, as well as eight drug counts including drug distribution and drug possession within 1,000 feet of school property.

His bail was set at $40,000 with a 10 percent cash option when he made his first court appearance on the new charges in Jersey City this afternoon via video link from Hudson County jail in Kearny. 

The 2007 movie "American Gangster" staring Denzel Washington was based on Frank Lucas, a famous Harlem heroin dealer who came to prominence in the 1960s and 1970s. 

 

The victims in the separate cases are a 42-year-old Irvington man and a 57-year-old Newark resident

NEWARK - A pair of newly announced homicides have brought the city's total for 2015 to an even 100.

At approximately 1:35 p.m. Monday, a 57-year-old Newark man was shot to death near the intersection of Speedway Avenue and Rodwell Avenue, she said. His identity has not been revealed, pending notification of his family members, Murray said. 

The same afternoon, medical examiners ruled the death of 42-year-old Keith Barnes a homicide, 15 days after he was found suffering from "blunt force trauma" injuries at a home on South 11^th Street.

No arrests have been made in either case, and authorities have released no information about any potential motive or suspects.

With just over a week left in the year, Newark has recorded seven more homicides than during all of 2014. In 2013, the city saw a total of 111 murders, its highest total in two decades.

Investigations by the prosecutor's office's Major Crimes and Homicide Task Force remain active. Anyone with information is asked to contact the task force tip line at 1-877-TIPS-4EC.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

 

Dominique N. Wilson, 27, was a passenger in an Infinity that collided with a Ford F-150 pickup truck at about 2:30 a.m. Sunday at McCarter Highway and 3rd Avenue in Newark, authorities said

Acting Essex County Prosecutor Carolyn A. Murray announced today that Dominique N. Wilson, 27, of Paterson, has died from her injuries in a two-vehicle crash in Newark early Sunday morning.File photo 

NEWARK -- A 27-year-old Paterson woman has died after being involved in a two-vehicle collision in Newark early Sunday morning, Acting Essex County Prosecutor Carolyn A. Murray announced today.

The prosecutor said the Newark Police Department and the Essex County Prosecutor's Office Homicide/Major Crimes Task Force are investigating the crash that killed Dominique N. Wilson.

Wilson was a passenger in an Infinity that collided with a Ford F-150 pickup truck at about 2:30 a.m. Sunday at McCarter Highway and 3rd Avenue in Newark, according to a news release from the prosecutor's office.

Wilson was transported to University Hospital and she was pronounced dead at 5:53 p.m. Sunday, authorities said.

The two male drivers, who suffered non-life-threatening injuries, received treatment at University Hospital, authorities said. No charges have been filed against either of the drivers, authorities said.

Authorities said the investigation remains active and ongoing.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.