Christie seeks dismissal of Bridgegate complaint
WOODLAND PARK, N.J. — A Superior Court judge will hear arguments Wednesday by New Jersey Gov. Chris Christie’s attorney asking for the dismissal of a probable-cause finding on an official misconduct complaint over the George Washington Bridge lane closures.
William J. Brennan, a retired Teaneck firefighter and outspoken critic of government officials, filed a citizen’s complaint alleging second-degree official misconduct against Christie in Fort Lee 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. Central Municipal Court Judge Roy McGeady found probable cause on Oct. 13 for the complaint to proceed.
Attorney Craig Carpenito, in asking Bergen County Superior Court Assignment Judge Bonnie Mizdol for leave to appeal the probable cause finding, said the complaint by Brennan “should have been seen for what it was — a political stunt from a now-declared candidate for governor.”
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.
Christie has denied any involvement in the plot to close access lanes in Fort Lee to the world’s busiest bridge.
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In a letter to the court, the Bergen County Prosecutor’s Office agreed that the probable-cause finding “cannot stand,” according to a letter signed by Senior Assistant Prosecutor Catherine A. Foddai and First Assistant Prosecutor John L. Higgins. It says that Christie’s right to counsel was violated at the probable-cause hearing because McGeady refused to let the governor's attorney, who was present, take part.
McGeady’s reason for excluding the governor’s attorney was that Christie was not a defendant until probable cause is determined.
Carpenito, in a 30-page brief filed to Mizdol, says the municipal court relied upon “inadmissible, strategically selected 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, who 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 was a former political operative of Christie pleaded guilty in the scheme.
Brennan, in an email to the media, said “neither Christie nor his attorneys were able to produce a single court decision wherein a (probable cause) finding was overturned based on the defendant’s inability to cross-examine a complainant, undaunted they are asking for this to be the first.”
Mizdol ruled last month against Brennan’s request to appoint a special prosecutor to the case and said that the Wayne resident's role in the matter ended when probable cause was found.
The matter is scheduled before Mizdol at 9 a.m. ET.