WESTCHESTER – A challenge to the validity of Democrat William Wagstaff’s nominating petitions in the Westchester Democratic Primary in June was dismissed Wednesday. A lawsuit challenging the validity of four signatures on Wagstaff’s petition was brought by former state Supreme Court Justice J. Emmett Murphy on behalf of Susan Cacace, a former Westchester County Court judge who is also seeking the Democratic nomination to be the candidate for Westchester County District Attorney.
Murphy’s daughter is Jennifer Oelkers, the campaign manager for Cacace. A third Democrat, Adeel Mirza, is also running in the Democratic primary.
Murphy raised challenges to Wagstaff’s residency and four signatures on his nominating petition. Wagstaff, a prominent civil rights attorney, owns a condo in Mount Vernon that has been his residence for an extended period of time. He recently moved to an Elmsford address with his wife and children.
Wagstaff defended himself in both challenges and was assisted by former State Senate Minority Leader Marty Connor. Connor indicated that Wagstaff still owns the Mount Vernon residence and is also in contract to purchase a family home in Somers in the near future.
After hearing three days of testimony, including a handwriting expert who was paid thousands of dollars by Murphy, Supreme Court Justice Paul Marx ruled that Wagstaff had indeed witnessed the four signatures that were challenged and the residency challenge was withdrawn.
Wagstaff responded to the court victory, saying, “This election was just handed back to the Democratic voters of Westchester County.” He said the lawsuit challenge filed by Murphy was based on “lies and fraudulent allegations,” that were intended to “suppress votes and voters’ choices which is a gross manipulation of our court system.”
With no indication of a possible appeal by Murphy, Wagstaff took aim at Cacace, saying, “My opponent will no doubt try these misleading tactics again, because she does not have the vision for the Westchester County District Attorney’s office that I do. “The very fact that she allowed this case to be brought, falsely accusing me of fraud — after allowing her private investigator to intimidate voters — demonstrates that she does not have the judgment for this position,” he said.
The Democratic Primary is on June 25 in which Democratic voters will choose their party’s candidate for district attorney.
