The judge reasoned that none of the individual defendants had any affirmative control over their job status.

BAYONNE -- The city of Bayonne is now the sole remaining defendant in a residency requirement lawsuit filed by the former business administrator after a Hudson County judge dismissed the individual defendants. 

During a Friday motion for summary judgment in Hudson County Superior Court, Judge Christine Vanek ruled the nine city employees listed alongside the city of Bayonne be dismissed from the complaint filed by Peter Cresci.

The complaint, which Cresci and city resident Michael Morris originally filed in April, called for the termination of all city employees who do not live in Bayonne. Morris has since removed himself from the lawsuit.

The lawsuit listed a number of notable city officials as defendants including city Law Director Jon "Jay" Coffey II and Business Administrator Joe DeMarco.

"We are one Bayonne: those of us who live here, work here and pay taxes," Cresci said during a city council meeting last week. "We should not be manipulated by 'out-of-towners' and people who are here to feather their own nests."

Vanek dismissed Donna M. Russo and Karla Garcia, attorneys for the city who were named as defendants in Cresci's complaint. Both women are protected from the city's residency ordinance by a state statute that allows fireman, police, teachers and other professions such as attorneys and engineers, to live out of town.

Meanwhile, Coffey was dismissed during a chancery division hearing on June 28 by Judge Barry P. Sarkisian based on that statute.

The complaint had since been transferred to the legal division under Vanek.

Vanek also ruled Friday that Drew Niekrasz, the former police chief, was also exempt from the residency ordinance due to protections under the state statute.

READ THE MOTION FOR SUMMARY JUDGMENT

While the remainder of the defendants were not protected from the residency ordinance, Vanek ruled that none of the individual defendants had any affirmative control over their job status.

While the city remains as a defendant, Vanek's ruling was taken without consideration of a new ordinance passed by the city council on Aug. 16 that cemented and reinforced the requirement for any new employees hired after Oct. 1, 2017, to live in Bayonne. It also grants amnesty to employees hired prior to Oct. 1 (new ordinances take 20 days to take affect, according to city officials).

The lawsuit will continue and the city will now have to submit its answer to the summary judgment by or prior to Sept. 1, according to the court documents.

The owners of the former Hess property are seeking the documents about a 500-unit residential complex because it says 75 affordable housing units that were supposed to be included in the build will not be.

A Superior Court judge ruled that borough employees in Edgewater need to do a more thorough search for documents related to an Open Public Records Act request filed by a developer. 

615 River Road LLC, the owners of the former Hess property -- which the borough is apparently moving toward condemning -- filed an OPRA request in March asking for communications between the borough or its representatives and the developer, building permits, certificates of occupancy and information about affordable housing units concerning the iPark project.

615 River Road LLC is seeking the documents about the iPark project, a 500-unit residential complex on the former Unilever site on River Road, because it says 75 affordable housing units that were supposed to be included in the build will not be. 

A call to the borough's attorney was not returned Wednesday. 

"The borough has been reluctant to reveal to the public that the iPark developers will likely be allowed to complete construction of the market rate housing years before any affordable housing units are built," said Irina B. Elgart, an attorney from the firm Fox Rothschild. "According to iPark's development approvals, the developer was required to foot the bill for building the affordable units. Apparently, the developer has disavowed the obligation to build the affordable housing and transferred it to another developer."

Judge Bonnie Mizdol ruled that Edgewater failed to adequately search for and produce responsive records and failed to provide appropriate certifications attesting to a sufficient search.

Mizdol said its unclear if the borough's fulfillment of the OPRA request included a search of the borough's email server, did not make clear who was responsible to perform the search, which records were searched, the search methodology and what responses were received from borough officials. 

"Simply put, the court does not know what defendants did or did not do to search for the requested records to satisfy their obligations," Mizdol wrote in the opinion issued Friday. 

Mizdol's ruling requires the borough to pay attorneys fees for 615 River Road and she said the court may award additional counsel fees and reserves the right to impose economic sanctions against Edgewater if officials fail to comply with her order. 

"The judge's order buttresses my client's contention that the borough did not simply overlook the requested documents that were requested, but deliberately failed to acknowledge the existence of the documents and now has to pay the consequences for their action," Elgart said. 

Allison Pries may be reached at apries@njadvancemedia.com. Follow her on Twitter @AllisonPries. Find NJ.com on Facebook. 

Torrie Fogg will return to court Aug. 28 for a detention hearing

MORRISTOWN -- A New Providence man is facing charges that could result in a life sentence after a woman accused him of holding her against her will and forcing her into prostitution.

Torrie Fogg, 41, appeared in Superior Court on Wednesday, one day after the Morris County prosecutor's office upgraded a litany of charges filed against him last week to include two counts of human trafficking, a first-degree crime.

Fogg, jailed since his arrest last Thursday, faces anywhere from 20 years to life in state prison and up to a $200,000 fine if convicted of human trafficking, Morris County Assistant Prosecutor Laura Magnone said during his appearance before Judge Catherine Enright.

The prosecutor's office is seeking to keep Fogg in the county jail pending trial.

Enright scheduled a detention hearing, originally planned for Wednesday but tabled it after the human trafficking charges were added, for Aug. 28.

The case against Fogg stems from police in Hanover Township responding to a dispute at a local hotel and encountering the alleged victim, a 31-year-old woman, on Aug. 17.

In a statement Tuesday, Morris County Prosecutor Fredric Knapp said the woman told officers that Fogg made arrangements for her to meet with several men at area hotels and collected money received after the sexual acts were completed. The woman also alleged that Fogg assaulted her if she did not comply.

Fogg was originally charged with six, third-degree crimes -- aggravated assault, criminal restraint, terroristic threats, promoting prostitution, possession of a controlled dangerous substance with the intent to distribute and possession of a controlled dangerous substance -- in addition to false imprisonment, a disorderly person offense.

The accusations were not explored during his brief court appearance Wednesday, his first on the human trafficking charges. He was joined by his attorney, Elizabeth Cervenak, a public defender in Morris County.

Cervenak waived a reading of the human trafficking charges and Fogg responded to some procedural questions from the judge.

At one point, Enright asked, "Do you understand these rights as I have given them to you?"

"Yes, your honor," replied Fogg.

Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook.

He's charged with attempted sexual assault, distributing obscene material to a minor and attempted luring.

JERSEY CITY -- A 39-year-old man is facing a number of charges after authorities say he sent explicit images to a Bayonne police officer posing as a teenage boy online. 

Craig I. Kirschner, of Marlboro Township, was arrested Monday and made his first court appearance yesterday on the charges of attempted sexual assault, distributing obscene material to a minor and attempted luring. 

Kirschner allegedly used the geographical social networking site Grindr to send two images of male genitalia to someone he thought was a 15-year-old and then arranged to meet the "boy" to engage in sex, according to the criminal complaint. 

He made his first appearance on the charges in Criminal Justice Reform Court in Jersey City via video link from Hudson County jail in Kearny. At the hearing, Kirschner was ordered released with conditions of supervision pending trial.

His next court date is Oct. 10 before Hudson County Superior Court Judge Paul DePascale in the Hudson County Administration Building in Jersey City.

Kirschner's cell phone was seized by police, according to the criminal complaint. 

The "fast acsual" chain will have three locations in New Jersey.

BRIDGEWATER -- CAVA, a growing "fast-casual" restaurant specializing in Mediterranean cuisine, will open a location in Bridgewater this fall, as it seeks to be a major player in the New Jersey and New York industry.

The chain -- which focuses on giving patrons the ability to customize their meals -- did not specify exactly where in the town it would be located, but said it would include an "outdoor patio and a convenient rear entrance to allow for seamless digital order pick-ups," according to a statement from the company.

With its brand centering on speed and convenience, CAVA also recently launched its next generation digital ordering platform, "giving guests the convenience they need when ordering CAVA." It has an app available for download on iOS in the Apple iTunes store Android at the Google Play store.

The Bridgewater location -- which will coincide with another fall opening in Paramus -- will have its seasonal fall menu, with additions like carrots and currants, yellow pepper tahini dressing and a refreshing line-up of bold-flavored, house-made juices.

The chain currently operates a location on Montgomery Street in Jersey City, and its Paramus location will open at The Outlets at Bergen Town Center.

The locations in New Jersey are part of the chain's strategy to expand into the Greater New York City region with six new locations in the area by the end this year.

"At CAVA, food isn't a flat routine, but rather part of an adventurous lifestyle. We're excited to introduce the vibrant flavors of CAVA to the Bridgewater community," said CAVA CEO Brett Schulman in a statement.

The chain allows patrons to pick a "base" (salad, grain bowl, pita, etc.), then add dips and spreads (tzatziki, hummus, eggplant and red pepper dip, etc.), pick a protein (falafel, spicy lamb meatballs, grilled chicken, etc.) and finally, cap it off with various toppings (cabbage slaw, kalamata olives, shredded romaine, etc.)

CAVA also sells dips and spreads in more than 200 Whole Foods Markets and other specialty grocery stores nationwide.

While legacy casual-dining restaurants continue to fall on hard times, shuttering locations throughout the country, "fast casual" establishments like CAVA continue to grow.

Panera Bread, Shake Shack and Chipotle Mexican Grill are also among the fast-casual chains seeing success in recent years.

Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.

State troopers got the silent treatment -- and arrested a woman for refusing to answer questions. Watch video

TRENTON -- A woman arrested by two New Jersey state troopers for refusing to answer questions during a 2015 traffic stop will receive $30,000 under a settlement with the state, court records show.

Rebecca Musarra, a Philadelphia attorney, put her right to remain silent to the test after she was pulled over for allegedly speeding on Route 519 in Warren County -- and ended up in a holding cell for it. 

In a recent interview, Musarra said she hoped the case, which drew national attention after it became public, would become a civil liberties lesson for police and members of the public.

"Hopefully this give average citizens a little more courage to assert their rights," she said.

Dashboard video obtained by NJ Advance Media showed the two troopers growing increasingly frustrated over getting the silent treatment, arresting Musarra for refusing to answer questions and then, after cuffing her, informing her she had a right to remain silent. 

The video showed Musarra handed over her license, registration and insurance at the start of the October 16, 2015 stop. But as Trooper Matthew Stazzone began asking her questions -- including "do you know why you're being pulled over tonight?" -- Musarra stayed mum.

After several minutes, Stazzone told the woman she was "going to be placed under arrest if you don't answer my questions."

How far does your right to remain silent go?

She then broke the silence to tell the trooper she was an attorney and did not have to answer questions. He ordered her out of her vehicle and, with the help of Trooper Demetric Gosa, placed her under arrest. 

As the two troopers cuffed her and walked her toward a troop car, Musarra asked them, "Are you detaining me because I refused to speak?"

"Yeah," Stazzone replied, according to the video. "Yeah, obstruction," Gosa added.

The troopers placed her in the back of the car and Stazzone read Musarra the Miranda warning before taking her to the nearby State Police barracks in Washington.

Musarra was detained and questioned at the station before a supervisor told her the troopers had made a mistake and she was free to go, she claimed in the federal lawsuit. 

Legal experts interviewed by NJ Advance Media said motorists should follow police orders during traffic stops, but are under no obligation to answer questions, thanks to constitutional protections against self-incrimination.

Musarra's attorney, Kevin Costello, told NJ Advance Media she had requested a formal letter from State Police acknowledging the troopers had violated her rights. But court records show the division refused to provide it.

The agreement, reported Wednesday by NJ Civil Settlements, which provides a partial list of settlements paid by New Jersey government agencies, was reached in July but has not yet been approved by a judge.

Under the settlement, the state admits no wrongdoing. 

However, Musarra said she received a different letter from the Office of Professional Standards, the division's internal affairs unit, indicating its investigation substantiated her complaints. 

Capt. Brian Polite, a State Police spokesman, said he could not comment on any correspondence between Musarra and internal investigators. He said, however, that the troopers involved "were given additional training regarding criminal arrests" after the incident. 

A spokesman for the Attorney General's Office, which represented the troopers in the civil case, declined to comment. 

S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.

A 21-year-old Newark man has been charged with shoving a Kearny police officer after assaulting a female family member on Saturday and leaving her needing medical attention, police said.

JERSEY CITY - A 21-year-old Newark man has been charged with shoving a Kearny police officer after assaulting a female family member on Saturday and leaving her in need of medical attention, police said.   

Nasir J. Newsome is charged with simple assault for allegedly punching and kicking the woman in her body and face, causing facial injuries, the criminal complaint says.

He is also charged with aggravated assault on a responding officer and resisting arrest for allegedly pushing the officer's chest and then placing his feet on a police vehicle's door frame to prevent officers from placing him in the vehicle, the complaint says.

Newsome made his first appearance on the charges on Monday in Criminal Justice Reform Court in Newark via video link from Hudson County jail in Kearny.

At the hearing, the state moved to detain him through the course of his prosecution. A detention hearing is scheduled for tomorrow before Hudson County Superior Court Paul DePascale.

Both brothers accused in May shooting.

PATERSON -- A city man, arrested early Wednesday and charged in a deadly street shooting, is the brother of a Paterson firefighter, who had been previously charged in connection with the killing, authorities said.

Keith Hunt, 27 (Photo: PCPO) 

Keith Hunt, 27, a city resident, was accused of murder, conspiracy to commit murder and weapons offenses. His brother, suspended city firefighter Kaheem Hunt, 30, was arrested within two days of the May 1 shooting and accused of acting as the getaway driver in the attack, The Paterson Press reported.

The shooting at Essex and Madison streets stemmed from unspecified dispute, according to authorities. Police found the victim, Juan Martinez, 39, suffering from gunshot wounds at the corner after officers responded to reports of gunfire. Martinez later died from his injuries.

Police arrested Keith Hunt at a North 7th Street residence without incident, according to the Passaic County Prosecutor's Office. It was not immediately clear if he had retained an attorney.

Kaheem Hunt appeared in Passaic County Superior Court in May and was released with an electronic monitoring device, prosecutors said.

His defense attorney, Patrick Jennings, said his client was innocent, according to a Paterson Press report.

Public records show Kaheem Hunt has been a city firefighter since June 2012 and earns approximately $51,000 a year.

Authorities asked anyone with information about the case to contact the Passaic County Prosecutor's Office tip line at 1-877-370-PCPO or tips@passaiccountynj.org. Tips can also be called in to Paterson detectives at 973-321-1120.

Noah Cohen may be reached at ncohen@njadvancemedia.com. Follow him on Twitter @noahyc. Find NJ.com on Facebook.

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Daniel White of Manalapan also faces charges related to similar bank scams in four other states, authorities said

Daniel WhiteOcean County Jail 

TRENTON -- A Manalapan man already facing charges of stealing $386,000 from TD Bank in New Jersey and four other states is now facing similar federal offenses after prosecutors accused him of scamming the same bank out of more than $530,000, authorities said Wednesday.

Daniel White, 51, was charged with bank fraud and aggravated identity theft for what acting U.S. Attorney William Fitzpatrick said was a 16-month scam in which White collected $530,559 on checks drawn from hundreds of bank accounts, created with stolen social security numbers, that didn't contain enough money to cover them.

White, who was arrested in June 2016 in connection with similar bank fraud allegations in Ocean County, appeared before U.S. Magistrate Judge Douglas Arpert in Trenton on Wednesday on these new charges.

In all, White is accused of opening or directing others to open 413 accounts at several branches of TD Bank between February 2015 and June 2016 using 133 different social security numbers.

N.J. man who scammed $400K from banks tracked to casino, cops say

Then White either wrote checks against those accounts or had others write checks against those accounts knowing there wasn't enough money to cover them, Fitzpatrick said in a news release.

White opened 115 accounts using 31 stolen social security numbers, Fitzpatrick said.

In one instance, White opened four accounts at the TD Bank branch in Freehold on Feb. 22, 2016, Fitzpatrick said. After he made a series of deposits and withdrawals, the bank was scammed of a total of $2,103 two days later when checks were drawn on those accounts, the complaint said.

White used the same method on the same day at a TD Bank branch in South Freehold, where he set up two accounts and scammed the bank out of $1,043, according to the complaint.

White was arrested in June 2016 after he had two unsuccessful attempts at launching the scam on TD Bank branches in Manchester and Stafford. In both cases, bank employees became suspicious and called police, but White fled before he could be confronted. He was eventually arrested at a casino in Atlantic City.

By that time, he had set up fake accounts at TD Bank branches in New Jersey, Connecticut, Massachusetts, New York and Pennsylvania and had scammed them out of more than $386,000, authorities said at the time.

MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.

Walter Yovany Gomez, who is accused of killing a fellow member of the MS-13 gang in Plainfield, faces life in prison.

NEWARK -- By the time Walter Yovany Gomez walked into the federal courthouse Wednesday, escorted by deputy U.S. marshals, it had been almost four years since authorities issued a warrant for his arrest in the brutal killing of a fellow MS-13 gang member in Plainfield. 

Gomez, who was arrested earlier this month in Virginia after he was added to the FBI's 10 Most Wanted Fugitives list, made his first court appearance in a brown jumpsuit, handcuffed at his hands and feet. He fidgeted slightly before he spoke to U.S. Magistrate Judge Michael A. Hammer through a Spanish interpreter.

"I would hope for an attorney who speaks Spanish," he said before the judge ordered him detained.

Gomez is charged with murder in aid of racketeering in the killing of his friend Julio Matute, who authorities said is a fellow member of the international street gang Mara Salvatrucha, better known as MS-13. 

Assistant U.S. Attorney Andrew Bruck told the court Gomez faces life in prison and a $250,000 fine. Attorney General Jeff Sessions has not decided whether to pursue the death penalty, he said.

Gomez and a co-conspirator ambushed Matute on May 15, 2011, while the three were socializing, beating the man with a baseball bat, slicing his throat and stabbing him 17 times, authorities said. When officers found his body about a week later, they initially thought he had been shot with a shotgun, one official said.

The killing was part of a gang initiation, authorities said. 

Matute's killing was ordered after he allegedly socialized with members of another gang, which is "extremely insulting" in MS-13 gang culture, according to the FBI special agent who led the investigation.

"The crime six years ago was extremely vicious," the agent, Dan Brunner, said Wednesday outside the courthouse.

The FBI said Gomez was arrested in Woodbridge, Va., after investigators received tips about his whereabouts from the public. Adding Gomez to the FBI's 10 Most Wanted Fugitives list "without a doubt" assisted in their search, Brunner said.

Gomez was the first fugitive the FBI's Newark Division has added to the top-10 list since 1989, authorities said. Those who provided tips that led to his capture will be rewarded up to $100,000.

When Gomez was added to the list in April, federal authorities described MS-13 as one of the most violent street gangs in America. 

"They kill rival gang members; they kill innocent civilians," Acting U.S. Attorney William E. Fitzpatrick said at the time.

Gomez was one of 14 people indicted in September 2013 on federal racketeering charges as part of an FBI-led investigation into the Plainfield wing of the gang that originated in Los Angeles.

Describing the practices of MS-13 and its Plainfield arm, known as Locos Salvatrucha, the indictment alleged gang members retaliated quickly and viciously against people who disrespected their control of a neighborhood.

When agents went to arrest Gomez, he dove out a back window of the house and escaped, authorities said. Investigators later determined fellow gang members drove Gomez to Maryland.

Eight of the defendants were convicted at trial and another five pleaded guilty. Five of them received life sentences.

Gomez, who has given his age as 27, 28 and 32, is a citizen of Honduras. He will be arraigned Sept. 7 at the federal courthouse in Newark. 

Luke Nozicka may be reached at lnozicka@njadvancemedia.com. Follow him on Twitter @lukenozicka.

Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. 

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Both the former host of E! News and a recent Miss America will head to Atlantic City for the September pageant Watch video

Former TV host Maria Menounos and a former Miss America are joining the celebrity judges' panel at Miss America 2018 on Sept. 10 in Atlantic City, the pageant organization announced on Wednesday.

Maria Menounos. (Kevin Wolf/AP)

Menounos, 39, the former host of E! News and "Extra" and correspondent on "Access Hollywood" and "Entertainment Tonight," underwent surgery to remove a brain tumor in June. She's the CEO of AfterBuzz TV, an online broadcast network that focuses on the post-show chatter surrounding TV series. 

Nina Davuluri, Miss America 2014, who was both the first Indian-American Miss America and the first Miss America crowned after the pageant returned to Atlantic City from Las Vegas in 2013, will also join the judges' panel. 

When she competed, Davuluri, now 28, performed a classical-Bollywood fusion dance for her talent. She now hosts and produces "Made in America," a weekly reality competition show that airs on Zee TV Americas. 

Previously announced Miss America judges are singer Jordin Sparks, actress and model Molly Sims, Jess Cagle, the editorial director of Entertainment Weekly and People, and country singer Thomas Rhett. Chris Harrison ("The Bachelor") and ESPN's Sage Steele will again host the pageant. There's one more celebrity judge who will be announced in the coming days. 

Miss America 2017, 22-year-old Savvy Shields, is a former Miss Arkansas. 

The 2018 Miss America pageant airs 9 p.m. Sept. 10 on ABC. 

A pro-repeal group plans to use federal lawmakers to back Booker's marijuana legislation. Watch video

WASHINGTON -- U.S. Sen. Cory Booker isn't fighting against the war on drugs by himself.

His legislation to end the federal ban on marijuana has the support of the Drug Policy Alliance, an advocacy group whose honorary board includes former Surgeon General Joycelyn Elders and former Secretary of State George Shultz. The late CBS News anchor Walter Cronkite also was an honorary board member.

The group plans to meet with members of Congress and urge them to support the legislation. said Queen Adesuyi, a policy associate.

"Marijuana legislation would get communities of color and low income communities in a better place," Adesuyi said. "Legalization is not a cure but it definitely moves us in a better direction than we are now." 

Pitfalls for Booker pot bill

Booker's efforts are being challenged by Smart Approaches to Marijuana, an anti-legalization group whose advisers include former Rep. Patrick Kennedy (D-R.I.), a Brigantine resident who sits on the presidential opioid commission chaired by Gov. Chris Christie; and by Colorado Christian University's Centennial Institute which has launched a online petition drive against legalization.

"Senator Booker is much smarter than this," said Kevin Sabet, president and chief executive of Smart Approaches to Marijuana. "We were very disappointed that he did not consult with us.

In introducing the legislation, Booker said blacks were almost four times more likely to be arrested than whites for marijuana use, even though both races use the drug at the same rate.

"The deeply-entrenched interests who want to keep the status quo are advocating for a system that continues to arrest blacks, Latinos and the poor for marijuana at highly disproportionate rates," Booker spokeswoman Kristin Lynch said.

"You don't need to support marijuana use to recognize that prohibition isn't working, and is making our justice system far less just," she said.

Adesuyi said the status quo isn't working and current law needs to be changed.

"It affects generations of people," she said. "It affects families. It puts people who are low income in hard positions because of fines and fees. And this is for a drug that eight states have determined is perfectly fine to sell for recreational use."

Jonathan D. Salant may be reached at jsalant@njadvancemedia.com. Follow him on Twitter @JDSalant or on Facebook. Find NJ.com Politics on Facebook. 

Joshua Green, who was convicted in 2013 on three sex assault charges and a count of kidnapping, will get a new trial in the September 2011 incident in Perth Amboy

PERTH AMBOY -- A court has overturned the conviction of a 26-year-old man who was previously found guilty of dragging a woman in the bathroom of a city store and trying to rape her six years ago.

Joshua GreenNJ DOC 

Joshua Green, who was convicted in 2013 on three sex assault charges and a count of kidnapping, will get a new trial in the September 2011 incident in Perth Amboy,  according to state records. He is currently serving a 10-year prison sentence.

The state appellate court wrote in an opinion Monday that case against Green "lacked forensic evidence tying defendant to the crime" and too much weight was given to police officers' opinion in identifying Green.

The incident took place at a nutrition product store when a man entered the shop just after it opened, pulled her into the rear bathroom, choking and hitting her as she resisted the sexual advance, according to court documents.

When two customers entered minutes later, the man tried to barricade the woman inside the bathroom and ran.

The man was caught on a camera from a neighboring store as he ran, according to the ruling, which noted the surveillance video was poor.

The Perth Amboy police, which were not called until hours later due to the woman's apprehension about reporting the rape, did not dust for finger prints or collect DNA evidence from the scene since multiple people had been in the store since the assault, according to court documents.

Police sent around photos of the surveillance footage and an officer in South Brunswick told Perth Amboy police he believed the man to be Green "based on 'dealings' in South Brunswick."

Two months later, the woman picked out Green's photo as her attacker, but one of the customers who had claimed to have gotten a good look at the suspect said he was 50 to 75 percent sure Green fled the store that day.

"However, when defendant stood up in court, [the woman] said he was much shorter than he appeared the day of the attack. Still, she was "certain it's him." the court documents said. The customer also identified Green as the attacker in court.

Before Green was a suspect, the woman also told police she had seen her attacker at the bus stop near her work, but when authorities stopped the bus no one matched the description she gave, according to the ruling.

The three-judge panel ruled that the South Brunswick officer's opinion, as well as two Perth Amboy officers' testimony, in identifying Green in the video "improperly 'intruded on the jury's role'" in the trial and should have not been allowed.

The officers said under oath they could not confirm Green's identity in the video.

"The admission of that testimony was still error, the Court concluded, because the detective lacked personal knowledge of the attacker's appearance," the ruling said.

Green claimed he was going to a job interview in Perth Amboy that day, according to court records. However, the job agency Green used to obtain temp work had no records of him seeking a work  that morning. 

Craig McCarthy may be reached at 732-372-2078 or at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.

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Scam last over five years, according to prosecutors.

HACKENSACK -- A Hasbrouck Heights man is accused of embezzling $100,000 from the accounts of a Bergen County-based condominium association in a five-year scam, prosecutors said Wednesday.

Raymond Gonzalez (Photo: BCPO) 

Raymond Gonzalez, 62, was charged with theft by deception and forgery after an investigation that stemmed from a March 2016 complaint, according to Bergen County Prosecutor Gurbir S. Grewal.

As operator of the condo association's management company, Gonzalez had access to a line of credit account used by the organization, authorities said.

"Gonzalez removed monies from the account, transferred them into accounts held by his management company and used them for his personal benefit," Grewal added in a statement.

"In an effort to write fraudulent checks from the account, Gonzalez forged the signatures of two of the condominium association's board members," the prosecutor said.

The alleged scheme continued between 2011 and 2016. Officials said Gonzalez was released ahead of a court appearance set for Sept. 6.

It was not immediately clear if Gonzalez had retained an attorney. 

Noah Cohen may be reached at ncohen@njadvancemedia.com. Follow him on Twitter @noahyc. Find NJ.com on Facebook.

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A 27-year-old man allegedly arrived at a home in a stolen car and entered a house armed with a gun

HILLSIDE -- A Newark man was arrested Wednesday on charges of attempting to carjack three different vehicles, and threatening people with a gun, as he tried to elude police, authorities said.

Harold Carter, 27, facing three counts of carjacking, along with individual counts of burglary, receiving stolen property, resisting arrest and weapons offenses.

Police said that about 2 p.m. Carter drove to a Stanley Terrace house in a stolen Audi and entered the house while armed with a .40 handgun.

A resident at the house ran out and contacted police, Chief Vincent Ricciardi said in a statement. He did not say what caused the resident to flee the house.

However, before officers arrived at that home, Carter fled, running to Bernard Terrace and confronting a woman sitting on her front steps, putting a gun to her head and demanding the keys to her car, Ricciardi said.

The chief said Carter heard police cars in the area and fled, running to Memorial Drive, across the street from police headquarters, where he threatened two other drivers with a gun in unsuccessful attempts to steal their vehicles.

Officers arrived moments later and apprehended Carter, and a short time later detectives recovered the handgun that Carter had tossed away before he was arrested, the chief said.

He said nobody was injured.

Ricciardi said detectives have contacted Newark police as part of the continuing investigation. 

"A very dangerous individual is now off the streets," the chief in commending his officers.

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

Generator placed above flood areas.

JERSEY CITY -- The lights that illuminate the exterior of the Statue of Liberty will be temporarily shut off Wednesday as crews work to install an emergency generator, officials said.

The outage is expected to last from 6 to 11:30 p.m., according to the National Park Service. The statue's torch and crown will remain lit up during the work.

Officials said the outage is needed as crews finish installing a backup generator for Liberty Island. The generator was placed in an area above projected flood areas.

"The work is being conducted at night to avoid electrical outages during the day that would impact visitors and disrupt daily operations on the island," the park service said.

Noah Cohen may be reached at ncohen@njadvancemedia.com. Follow him on Twitter @noahyc. Find NJ.com on Facebook.

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The winning Powerball numbers were drawn Wednesday, August 23, 2017 at 11 p.m. The Powerball jackpot drawing tonight (8/19/2017) is worth an estimated $700 million for a single winner. The Powerball results will be available at 11 p.m.

Ten weeks ago, the Powerball jackpot stood at $40 million.

When Wednesday's night drawing is held at 10:59 p.m., the jackpot will be worth at least $700 million. 

The second-largest jackpot in U.S. lottery history will be televised from Florida Lottery headquarters in Tallahassee on WABC-7 in the New York City area and Fox 29 in the Philadelphia area.

Dog grooming quartet splits $1M

The cash option is worth $443.4 million -- the third highest cash value for a drawing. The cash value of the jackpot that previously held the No. 2 spot -- a $656 Million Mega Millions drawing on March 30, 2012 -- was $471 million.

The massive $1.58 billion prize won on January 13, 2016 was split by three winners from California, Florida and Tennessee. 

Ticket holders in Maryland, Kansas and Illinois shared the $656 million prize in 2012.

Twenty drawings have been held since Californian Jeff Lindsay captured a $447.8 million jackpot on June 10. The jackpot reset to $40 million for the June 14 drawing and has been on the rise in the 10 weeks since. 

On Saturday, 10 tickets sold across the country matched five numbers plus the Powerball and are worth at least $1 million. One was sold in New Jersey -- four women who work as dog groomers in Ringwood split the prize. 

The Powerball jackpot has been hit four times this year.

Powerball tickets cost $2 each. The odds of a ticket hitting the jackpot are 292,201,338 to 1. Players have roughly a 1 in 11,688,053 chance to win the second prize of at least $1 million.

The twice-weekly game is played in 44 states, Washington D.C, Puerto Rico and the U.S. Virgin Islands.

Brazicki's Tavern has been run by four generations of the Brazicki family.

JERSEY CITY -- Brazicki's Tavern, the Jersey City Heights bar that has served as the local hangout for the city's Western Slope for 72 years, is shutting its doors for good in 10 days, ending another chapter in Jersey City's history.

The Liberty Avenue bar, located in a quiet residential neighborhood sandwiched between the bustle of Tonnelle Avenue and Kennedy Boulevard, has been run by the Brazickis since 1945, when the family took over the place from Martha Stewart's grandfather.

The impending closure of the bar -- the location for countless pig roasts and political meet-and-greets -- marks the loss of another unofficial Jersey City landmark. In recent years, longtime eateries like Puccini's, Casa Dante, Sunny's and Crazy Greek have all closed, while the 67-year-old Casino in the Park banquet hall is likely to see new management in January.

"We're losing another old-time institution," said Councilman Rich Boggiano, who was friendly with the Brazicki family's late patriarch, Tom. "And there's so few of them around."

Sean Connors, a Jersey City cop and former state assemblyman, said, "I've always felt like one of the Brazickis. They never locked the door, they always unlocked it."

The story of Brazicki's Tavern starts in 1945, when Anthony and Agnes Brazicki took over a bar run by Frank Kostyra, Stewart's grandfather. Anthony moved to Jersey City when he was run out of Buffalo for bootlegging, according to Frank Brazicki, Anthony's great-grandson.

"He was a tailor by trade," Frank, 40, told The Jersey Journal. "If you went in to get your jacket fixed, you walked out with a pint in the pocket."

After moving to Jersey City, Anthony ran a bar on Van Horne Street in the Lafayette section and lived in an apartment upstairs. The Jersey Journal reported in 1944 that the city forced Anthony to close his tavern for five days because he allowed his wife to tend bar. A year later the couple took over Kostyra's bar at 153 Liberty Ave.

Anthony's son (Frank R.) started running Brazicki's with his wife, Phyllis, in 1947 when Frank R. returned home from the war, and his son Tom took over the business in 1991 with his wife, Julie.

In charge now are Tom and Julie's children: Frank, Glenn and twins Karen and Lauren. Brazicki's Tavern was their home, literally: they lived in the apartment upstairs and they thought of the bar as their living room. They knew the regulars by their first name and preferred drink: Fred That Drinks The Budweiser, or Ruth That Drinks The Blue Moon. They could tell you where each regular sat, what time they would be summoned home for dinner and when they would return for a nightcap and to watch the ballgame.

"There was always someone here," said Karen, 29. "The guys would have no problem getting up and doing homework with us or, you know, we'd be running around. It's more than just customers, you understand what I'm saying? It's like aunts and uncles."

Every important moment in the Brazicki family's life -- christenings, birthday parties, repasts -- happened at their tavern. If it started somewhere else, it made its way back there. And not just for the family -- for the entire neighborhood.

"If the guy-down-the-block's mother died and people knew about it, well he usually ended up here with his family and people were here to help him," Frank said.

But after 70 years, the business has changed. People are headed elsewhere for drinks, Downtown mostly, the Brazickis said. Cocktail bars are hot now, and Brazicki's Tavern is a bar bar. No frills.

Years ago you'd find at least a half-dozen customers hanging out here every weekday evening, Frank said. On Monday just one customer stood at the bar, sipping a beer while Billy Joel's "A Matter of Trust" blasted from the jukebox.

So when developer Mack-Cali offered them a good price for their liquor license, they decided to sell (if the deal goes through, Mack-Cali would use the license for a different location). Tom died in June 2016 and his children promised they'd run the bar themselves and decide on its future in a year. They're not selling the building -- they're keeping it as a home.

Frank described the family's feelings as bittersweet.

"The reason why we made the decision was to make sure our mother would be comfortable for the rest of her life," he said. "So when we look at it that way, we're all OK."

The Brazicki family invites everyone to bid goodbye at the bar on Sunday, Sept. 3 starting at noon.

Terrence T. McDonald may be reached at tmcdonald@jjournal.com. Follow him on Twitter @terrencemcd. Find The Jersey Journal on Facebook.

Bar Louie, an upscale bar and restaurant chain, is expected to open in the mall in December.

PARAMUS -- You'll soon have another burger option at the Garden State Plaza.

Bar Louie, an upscale bar and restaurant chain, plans to open a third New Jersey location in Paramus in December, spokesman Aaron Blank said.

The "Spiked Bulleit Bourbon Burger" is one of the signature items on Bar Louie's menu.Bar Louie 

How does a burger, covered in spiked, homemade sauce with Bulleit Bourbon, cheddar, cream cheese, bacon and crispy onion strings sound? You'll need to be 21 and older to purchase it, but it's a Bar Louie specialty.

The chain has more than 110 restaurants throughout the U.S. and two locations in the Garden State.

The company's first New Jersey location opened in East Brunswick late last year. It opened a second location in mid-May at The Plaza at Woodbridge. The location in Paramus will be the 11th in the tri-state area.

The bar and eatery, which currently accepting applications for management, is expected to bring at least 70 new jobs to the area. Hiring for hourly staff is expected to begin in early November.

Sara Jerde may be reached at sjerde@njadvancemedia.com. Follow her on Twitter @SaraJerde.

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The Hoboken Historical Museum will host a 10-part lecture and tour series beginning this Sunday.

The Hoboken Historical Museum will host a 10-part World War I lecture series beginning on Saturday.

This series will begin with historian Jamien Parks's lecture, "From Here to Over There: the WWI Legacy of Fort Dix, N.J."

Each week, there will be a new speaker or tour. Some of the lectures include "Doughboy Monuments of Hudson County, Part I and II" by historian Erik L. Burro, "Sabotage at Black Tom" by author and historian Jules Witcover, "Camp Merritt, An American Portal to the Great War" by author and historian Harold Bartholf.

The cost per lecture is $10 for non-members and $5 for members. Bus tours cost $20 for non-members and $10 for members. Advanced registration is recommended for this series.

Hoboken Historical Museum also has the exhibit "In Transition: Works by Artists on the Move" open until Sept. 17. This exhibit features the works of Liz Cohen's art students.

The Hoboken Historical Museum is open Tuesdays to Thursdays from 2 to 7 p.m., Fridays from 1 to 5 p.m. and Saturdays and Sundays from noon to 5 p.m. The museum is located at 1301 Hudson St. For more information about either event, go to hobokenmuseum.org.