Judge doesn't dismiss misconduct complaint against Christie
HACKENSACK, N.J. — A New Jersey judge ruled Thursday she will not dismiss an official misconduct complaint against New Jersey Gov. Chris Christie in connection with the George Washington Bridge lane-closure scheme, instead ordering a new probable cause hearing in the case.
Superior Court Judge Bonnie J. Mizdol said in a seven-page opinion that the matter should go back to municipal court for a new probable cause hearing at which Christie “is afforded the Constitutional protection of his right to counsel.”
The decision came one day after Mizdol heard arguments from Craig Carpenito, an attorney for Christie, and Annmarie Cozzi, senior assistant Bergen County prosecutor. Both argued the probable cause ruling on a citizen's complaint should be thrown out.
Carpenito argued that the lower court denied Christie his right to counsel because Central Municipal Court Judge Roy McGeady did not let the governor’s attorney, who was present, participate in the probable cause hearing. McGeady said that there was no defendant prior to the finding of probable cause.
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Probable cause is a relatively low bar in the legal system that allows law enforcement agencies to search, charge or arrest individuals suspected of wrongdoing, but it is not enough to prove guilt.
William J. Brennan, a retired, Teaneck, N.J., firefighter and outspoken critic of government officials, filed a citizen’s complaint alleging second-degree official misconduct against Christie in Fort Lee, N.J., municipal court Sept. 28. It says that on or about Sept. 11, 2013, the governor failed to order his subordinates to re-open access lanes to the George Washington Bridge that were closed for a purported traffic study.
Carpenito also argued during Wednesday's hearing that there was insufficient evidence to find probable cause for Brennan’s complaint. The attorney said the municipal court relied upon excerpts of convicted felon David Wildsten’s testimony, which consisted of eight pages of his 1,168 pages of testimony from the federal trial of former Port Authority executive director Bill Baroni and Christie’s former deputy Chief of Staff, Bridget Anne Kelly. Both were convicted for their roles in the Bridgegate scandal. Kelly and Baroni were found guilty of seven charges of conspiracy, wire fraud and civil rights violations. Meanwhile, Wildstein, a former political operative of Christie pleaded guilty in the scheme.
Carpenito said all three testified that they didn’t discuss the “criminal plot” with Christie.
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“No one has implicated the governor,” he told Mizdol.
Wildstein said, according to Carpenito, that he was present for a conversation where Baroni said there was heavy traffic in Fort Lee and the mayor was not getting his phone calls returned.
Carpenito said Christie was walking into a 9/11 ceremony where he was going to speak and that it would have taken great “mental gymnastics” for the governor to realize there was a plot.
The lanes were reopened within 48 hours of that conversation, Carpenito said.
Cozzi, the assistant prosecutor, said that the state agrees Christie’s right to counsel was violated but she said the state would not delve into the debate about the merits of the evidence for the finding of probable cause.
“We believe from the outset due to this procedural violation that the finding of probable cause cannot stand,” Cozzi said.
Official misconduct is punishable by a potential prison term of five to 10 years upon conviction. Before Christie could face a criminal trial, prosecutors would have to collect evidence and present it to a grand jury, which would have to hand up an indictment.
Contributing: The Associated Press. Follow Allison Pries on Twitter: @allisonpries
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