Bergen prosecutor won't pursue Christie complaint

The Bergen County Prosecutor’s Office told a Superior Court judge Friday that it would not pursue official misconduct charges that had been filed by a citizen against Gov. Chris Christie for his alleged role in closing lanes to the George Washington Bridge in 2013.

First Assistant Prosecutor John L. Higgins III said in a letter, which his office issued in a news release, that there were “practical problems” with a probable-cause determination made by a municipal court judge last year and that prosecution in the matter was unwarranted because the “charge cannot be proven beyond a reasonable doubt.”

The letter, which appears likely to close off any path for the charge to be prosecuted, also said that “a matter of this gravity should not have been heard by a municipal court judge.” It was sent to Superior Court Assignment Judge Bonnie J. Mizdol, who earlier this month declined to dismiss the complaint but sent it back to municipal court for a new probable-cause hearing at which Christie would be represented by an attorney. The governor’s attorney was not allowed to participate in the initial hearing in Central Municipal Court.

In the letter, Higgins said that the municipal court judge, Roy McGeady, should not have heard the matter in the first place. The complaint, charging Christie with second-degree official misconduct, was filed last year by William J. Brennan, a retired Teaneck firefighter and an outspoken critic of government officials.

Christie’s press secretary, Brian Murray, issued a statement saying that the governor was “gratified that the Bergen County Prosecutor’s Office has ended this baseless fiasco,” which he said had been begun by Brennan and “perpetuated by Judge McGeady.”

Brennan, who is also a candidate for governor in the Democratic primary, criticized the prosecutor’s office letter as providing “political cover” for Christie and said it bolstered his call for a special prosecutor in the case. He said he would renew his request for a special prosecutor at the probable-cause hearing scheduled to be held before McGeady in municipal court on Thursday.

Bergen County Prosecutor Gurbir S. Grewal, who was appointed by Christie, had recused himself from the matter.

Brennan also said that it is not uncommon for citizens to file complaints alleging serious offenses, saying that “it happens all the time,” and that he was upset that the prosecutor's office made its decision without reviewing additional evidence that he plans to file on Thursday. He previously submitted transcripts from a federal trial related to the lane closures and said he would present additional transcripts showing that Christie knew about the closures as they were happening.

The governor has repeatedly denied that allegation.

Former Port Authority Executive Director Bill Baroni and Christie’s former deputy chief of staff, Bridget Anne Kelly, were convicted of federal charges related to the lane closures, which federal prosecutors said were politically motivated. Another former Port Authority executive, David Wildstein, pleaded guilty to his role in the closures.

Higgins wrote that citizen complaints generally are “brought for minor crimes and involve matters where complainants have personal knowledge of the offense.” He added that the state Supreme Court has expressed concerns over such complaints because they can be used to “harass a defendant” and for a political candidate to bring charges against an opponent.