UNION CITY —According to the Hudson County Prosecutor’s Office, last month a grand jury decided not to indict a group of opponents to Union City Mayor Brian Stack on charges of harassment, falsifying of records, and forgery, but two other charges still remain.
Union City residents Frank Scarafile, Justo Delgado, Armando Hernandez, Carlos Lopez, and West New York resident Emilio Lopez were arrested in a Union City bank parking lot on Dec. 4, 2009 for allegedly handing out bilingual flyers that resembled official correspondence from Stack. The six were charged with forgery, falsifying records, harassment, and violation of the city’s ordinance against distribution of flyers. After their arrests, they were reportedly held for six hours as they were processed and issued summonses.
Scarafile went on to lead a slate of candidates, which also included Carlos Lopez for the Board of Commissioners in Union City, against Stack and the incumbents in the election this past May, but they were defeated.
On Thursday, Hudson County Prosecutor Edward DeFazio confirmed that the grand jury handed down a “No Bill” on the harassment, falsifying of records, and forgery charges.
“There are other charges that will proceed concerning a violation of the election law and the ordinance violation,” said DeFazio. “Those charges are still outstanding and are going to be heard in a municipal court outside of Hudson County.”
DeFazio said the change of venue from Hudson County to Union County was based on the fact that Mayor Stack is also a state Senator from Hudson County. DeFazio said the decision to hear the matter in another county was made by the assignment judge in Hudson County.
According to DeFazio, a status hearing will be held on Sept. 19 in Summit Municipal Court to find out whether the matter can be resolved and if not, there will be a discussion of pre-trial issues on that date.
Although the venue has been changed, the Hudson County Prosecutor’s Office will still be involved and Assistant Prosecutor Leo Hernandez will continue to handle the case. – Lana Rose Diaz