April 18, 2008 - 4:15pm
News

Judge dismisses Pennacchio complaint

A Mercer County Superior Court Judge has dismissed Joe Pennacchio’s complaint against former Senate candidate Andy Unanue that could have ended Dick Zimmer's fledgling Senate candidacy.

Pennacchio campaign manager Dan Gallic confirmed that the challenge was tossed out.

“I didn’t read the opinion. All I know is it was dismissed,” he said.

The Pennacchio campaign filed suit on the grounds that Unanue didn’t file to run as a Senate candidates “in good faith,” and said that he signed a form indicating that he was a resident of New Jersey when he actually lived in New York City.

Although Unanue is no longer in the race, Dick Zimmer was named as his replacement by the former candidate's committee on vacancies. Pennacchio contended that Unanue knew that he would not remain as a candidate when he filed his paperwork on April 7th, and was merely acting as a placeholder until Republicans could find another candidate.

Judge Maria Marinari Sypek ruled that there was no evidence to suggest that operatives were working behind the scenes to replace Unanue with Zimmer.

"The court finds that the Plaintiff has not presented sufficient evidence in order to demonstrate that Mr. Unanue served as a pawn in a scheme for Republicans to buy more time for certain Republicans to identify a candidate they wished to run in the June 3rd, 2008 primary," wrote Sypek.

Sypek also ruled it unconsitutional that a candidate must declare that he in New Jersey when he files his peititons.

"Mr. Unanue had no choice but to sign the certificate of acceptance if he wished to run for the Republican nomination," she wrote.

Gallic said that Pennacchio is not likely to appeal the decision.

MATT FRIEDMAN is a PolitickerNJ.com Reporter and can be reached via email at matt@politicsnj.com.

Comments

Dick Zimmer is a L-O-S-E-R and a C-R-I-M-I-N-A-L and a T-H-U-G!


I just read the press release sent out by Dr. Murray Sabrin's campaign (http://www.politickernj.com/georgeajjan/18842/dick-zimmer-targeted-feder...)

This is shocking that a guy under federal investigation is running for U.S. Senate - AS A REPUBLICAN!!

I can understand if he were running as a Democrat, but this is AMAZING!

These crooked party bosses just don't get it.

WE ARE NOT GOING TO TAKE IT ANYMORE.

What else is going to come out against Dick Zimmer and his lobbying days?

04/18/08 5:38 pm

Federal Investigation! Get Him Out Now!


Wow Zimmer is even worse than I thought. How could the yo-yo's at the NJGOP anoint someone under federal investigation after it based its whole lame-brained campaign against Senator Robert Menendez on the tenuous federal investigation he faced, even digging up ex-Hudson County Executive Bob Janizewski in jail to prove the point. What a friggin hypocritical joke of a party this has become. Zimmer isnt a "red-state" Republican, he is an "orange-jumpsuit" RINO disgrace.

04/18/08 5:49 pm

Sad and pathetic


Murray's campaign has become nothing more than shallow and unsubstantiated personal attacks.

04/18/08 6:13 pm

?


Does Murray know how to do anything other than make unsubstantiated attacks on his opponents? All he ever seems to do his to attack, attack and attack. Mountaintop is right. Murry is running a very shallow campaign.

And for the record, he is not a "Maverick." He is a phony and he should apologize to Senator McCain for stealing his likeness.

04/18/08 8:08 pm

Ahhh, The Best Legal System...


MONEY CAN BUY!

04/18/08 8:13 pm

Dick Zimmer is NO Conservative


Slogans mean nothing, voting record means everything.

Check out Zimmer's 6 year voting record in Congress.

http://www.gopusanj.com/wordpress/?p=1749

04/18/08 8:45 pm

Lets have fair and intelligent discourse


Comments which state someone is "under federal investigation" based on the cited Sabrin press release are simple wrong, incorrect and border on slander. When a political candidate, in a press release, asks a US attorney to investigate someone, simply does not mean someone is "under federal investigation." Lets stop calling people names and act like responsible adults.

04/18/08 9:22 pm

Wow


Looks like Zimmer was right, the Pennachio complaint was BS. Gallic just walked his candidate into an embarassing loss. My read of the opinion suggests the judge thought pennachio's complaint was frivolous. Maybe Joe should stick to writing manifestos instead of lawsuits and perhaps Gallic should have hung it up after he f'd up repeatedly in Monmouth as ED.

04/18/08 10:25 pm

LongtimeGoper


I couldn't agree more except on one point, I don't think it borders on slander, I think what Sabrin did and what others above have said consitute libel. If I were Zimmer, I'd go after Sabrin on this one.

04/18/08 10:50 pm

Attacking who ... Sabrin?


Those who attack Dr. Sabrin for his press release made me laugh. A candidate has a right to release any press release he wishes. What important is that Dr. Sabrin defended Jersey Joe against Zimmer's practices. That's what I call a solidarity with your fellow candidate. It is a statesmanship, which is something that Zimmer knows nothing about. Not to mention back to the USSR Chairmen and Democrats. Yes, Democrats, who Republicans are supposed to run against. Does anybody remember this?

04/18/08 11:25 pm

The Republicans


are still in the debate as to who is a real Republican. The other night I heard a great reply at a GOP function. "Real Republicans believe in smoking in bars".

04/19/08 7:50 am

Libel


Sabrin has released a lot of questionable press releases, but that one takes the cake. To insinuate that a candidate is under investigation is truly despicable.

04/19/08 8:36 am

Remember History


Chris Christie got sued for libel over making a similar charge. What he did was file a complaint with the County Prosecutor against his freeholder opponents, then charge in a TV ad that they were "under criminal investigation."

I believe Chris lost that suit -- one which made the now famous prosecutor so unpopular in Morris that the county hacks backed Mike Carroll for Assembly just to defeat Christie in that 1995 contest. Chris was defeated for reelection in 1997, in an election where among other things Christie sued John Murphy for libel.

04/19/08 9:01 am

Joke of the Day


"Judge Maria Marinari Sypek ruled that there was no evidence to suggest that operatives were working behind the scenes to replace Unanue with Zimmer. LOL!! This has got to be the brightest legal mind we got! GOP operatives have been working "behind the scenes" forever. We are now operating on our third GOP "democrat" candidate. (or is it really 4 now?) Can't blame Sabrin or Jersey Joe for getting aggressive in light of this hijack. I would worry if they didn't.

04/21/08 11:26 am

TIME TO END GOP CORRUPTION IN NJ


I think it's great that Pennacchio and Sabrin are trying to put an end to the corrupt NJ-GOP machine. Our state party is sadly the last remnant of the kind of corrupt boss system that most states eliminated decades ago. It's sad that the corrupt, power-hungry state party leaders have turned this race into a national embarrassment. It's time to end the corruption and the boss system in NJ. Throw the crooks in jail and let's get more honest people like Sabrin and Pennacchio in office. It's time for change. I for one am tired of my state GOP being a laughing stock synonymous with corruption. I hope Joe Pennacchio kicks Zimmer's ass and shows these crooks that they can't break the law and the nomination. The last thing we need is another lobbyist like Zimmer in DC.

04/22/08 5:19 am