Mack, convicted of federal corruption charges earlier this month, argues in a court filing he should not have to leave office until his May sentencing.
By Alex Zdan and Jenna Pizzi
TRENTON - Not so fast, Trenton Mayor Tony Mack said today in a legal document fighting his ouster from office by the state Attorney General's Office.
Mack, convicted on six federal corruption charges by a federal jury Feb. 7, didn't deny he was found guilty. But he thinks the state court should wait until his May 14 sentencing to kick him out of office.
"A judgement of conviction cannot exist before the date of sentencing," wrote Mack, who filed the papers on his own behalf this morning in Superior Court.
Mack said that, because of outstanding motions in his federal criminal case asking for a new trial, his conviction is not "guaranteed."
The state Attorney General's Office went to court two weeks ago, saying Mack is in violation of state law that does not allow convicted officials to serve. However, the federal judge will not remove Mack until the sentencing date.
Mack has refused to resign, and in the court filing asserts his innocence in the corruption case where he was found guilty.
Asking for a delay in the proceedings, Mack said he wants to be heard in front of Judge Mary Jacobson at 9 a.m. Wednesday, two and a half hours before the hearing on his removal is scheduled. Mack said he will ask for a delay at the earlier hearing.
In its complaint seeking an order of forfeiture, the state Attorney General's Office also asked for a ban on Mack holding future public office, and the seizure of his pension and benefits. The mayor argues he has a 401(k) and not a pension, and since it is a savings account it cannot be taken away.
"The statute makes no statement of paying back earned money as salary upon conviction," Mack wrote. "The maintenance of this account comes at no further cost to the public and as such, he should be allowed to keep it."
Last Thursday, Mack asked the court for a delay because the city was not providing him with paid legal counsel. Mack's defense attorney in the corruption case, Mark Davis, said he consulted on the brief, but Davis' name is not on the newest filing.
On Friday, Jacobson rejected Mack's argument. The Attorney General's Office has until tomorrow to respond ahead of Wednesday's hearing.
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