A judge tossed the case of alleged petition fraud against Assemblymember Jenifer Rajkumar on procedural grounds on Thursday. Eagle file photo by Ryan Schwach
By Ryan Schwach
A Queens judge dismissed an alleged petition fraud case against Assemblymember Jenifer Rajkumar on procedural grounds on Thursday, effectively guaranteeing the Democratic incumbent will appear on the primary ballot against her Democratic Socialists of America-backed opponent who first brought the allegations against her.
Following a marathon day at Queens Supreme Court, Queens Judge Denise Johnson tossed the case late Thursday afternoon, pointing to a list of issues with how attorneys for candidate David Orkin brought the case.
The substance of the case was not heard or ruled on at the court on Sutphin Boulevard.
Orkin had alleged that Rajkumar’s ballot petitions featured several instances of fraud, and in the lawsuit claimed signatures of Orkin supporters, a local journalist and other communities had been forged in order to help the incumbent make the ballot.
The judge ultimately dismissed the case because Orkin’s attorney, Brooklyn lawyer Renée Paradis, did not properly subpoena Rajkumar’s campaign workers, who Orkin’s campaign claimed were behind the alleged fraud.
“The rules of the court have not been followed,” said the judge.
Paradis had tried to subpoena a cohort of young Rajkumar campaign workers who undersigned the petitions where fraud was alleged. She also attempted to call to the witness stand community members who claimed their signatures had been forged.
However, due to procedural mistakes in how documents were filed and how Rajkumar’s attorneys were given notice, the subpoenas and witnesses were not admitted by the judge.
After the judge’s ruling, Paradis claimed the cards were stacked against her.
“It certainly seems like sometimes there are two sets of rules, one for incumbents and one for challengers,” she said.
But Paradis also admitted that Rajkumar’s attorneys – the powerhouse Democratic Party firm of Sweeney, Reich & Bolz – “cleaned [her] clock.”
Orkin, who still has nearly two months left of a campaign to run, was also disappointed by the ruling.
“What you saw in there was the Democratic machine trying to crush a grassroots campaign,” he told reporters. “My opponent is afraid of allowing her own constituents to testify in court.”
In a text statement to the Eagle, Rajkumar celebrated the ruling and denounced the lawsuit.
“This was an ugly attempt by the Democratic Socialists of America to disenfranchise Queens voters, especially minority voters, and to bully a team of young South Asian and minority canvassers who represent the future of our state,” she said. “They failed. I am so proud of my young team, who stood strong, upheld the truth, and refused to be intimidated. We will not be stopped.”
“Our resounding defeat of the DSA in the courtroom will be followed by an even bigger victory at the ballot box,” she added. “Love will always win over hate.”
