Cresitello invokes homeless man in court pitch to run for Morristown mayor

Former Morristown Mayor Donald Cresitello, who enjoys a place at the Jersey shore, claims he has something in common with Richard Kreimer, the homeless man who made national headlines in the 1990s.

Back then, a court recognized Morristown park benches as Kreimer’s domicile. The same should apply to couches where Cresitello has slept this year, a lawyer told a judge on Tuesday.

“You could say this was his park bench,”  Alan Zakin told Superior Court Assignment Judge Stuart Minkowitz, who will decide whether Cresitello satisfies residency requirements to run for mayor this fall.

Cresitello’s bid for an Independent slot on the November ballot was disqualified last month by Morris County Clerk Ann Grossi.  She agreed with the Morris County Democratic Committee that the former mayor has resided in Manasquan for years.

An appeal filed by Zakin claims Grossi got a couple of facts wrong. At a virtual hearing lasting just under an hour, he reprised his arguments:

Even though Cresitello voted in Manasquan last fall, he has lived in Morristown ever since, as indicated by EZ Pass records, restaurant receipts, overnights at friends’ homes and at his Morristown business and, since May, a month-to-month leased apartment.

Seeking more specifics, the judge cited a state law requiring a candidate for local office to be a resident in that locality for one year prior to the election.

Residency is defined as “a place of abode, which has not been adopted for any mere special or temporary purpose, but is his ordinary and permanent domicile,” Minkowitz reminded Zakin.

“As far as I can tell, he did not lease a residence in Morristown until May, on Lincoln (Street), I believe was correct. So, before that, where was his place of abode?” Minkowitz pressed the attorney.

Zakin contended Cresitello’s actions, taken together, have demonstrated his intention to give Morristown voters a choice in November, to counter the “corruption” of incumbent Democrat Tim Dougherty.

“I think he’s proven that he has lived here, whether it’s on a couch or friend’s couch or a short-term lease or a long-term lease,” and voters should decide Cresitello’s sincerity, Zakin said via Zoom. Cresitello could be overheard whispering instructions.

Minkowitz did not appear persuaded.

“You keep on adding the word ‘intend’… you could intend to move anywhere,” the judge said.

When Zakin noted how Cresitello even spends time in Morristown bars with childhood friends, Minkowitz interjected: “That’s not part of the definition of abode.”

‘COUCH-SURFING’ CANDIDATE?

Attorney Kirstin Bohn, representing the county clerk, said Cresitello had failed to produce “a single piece of paperwork” tying him to a Morristown residence.

Invoking Richard Kreimer was “totally inappropriate,” said Joseph Wenzel, attorney for the Morris County Democratic Committee.

“What we have is some amorphous, fuzzy statements by Mr. Cresitello that he began to couch surf in the town of Morristown” when he could not find an apartment that suited him, Wenzel said.

“Well, Mr. Kreimer couldn’t do that. See, Mr. Kreimer was homeless. So the only place he could reside was on a park bench. He didn’t have a home in the borough of Manasquan.”

Minkowitz said he will rule on Cresitello’s appeal in a few days. The judge removed Morristown Clerk Margot Kaye as a defendant, saying she played no role in this case and should not have been included.

Cresitello, 75, served for 32 years as an elected Morristown official, including two separate stints as mayor. He was defeated in the 2009 Democratic primary by Dougherty, who is running unopposed for a fourth term.  Cresitello ran unsuccessfully for Manasquan’s council in 2019.