Bridgegate: Judge tells jury to ignore motive

NEWARK — The first full day of jury deliberation in the Bridgegate trial signaled trouble for Bridget Anne Kelly and Bill Baroni, the former associates of Gov. Chris Christie fighting charges that they blocked access to the George Washington Bridge to punish a local mayor.

Judge Susan D. Wigenton ruled Tuesday — in response to a question from the jury — that each defendant could be found guilty of conspiracy without a determination that they intentionally punished the mayor, Fort Lee’s Mark Sokolich, for not endorsing Christie’s re-election. Although that is the reason prosecutors allege Kelly and Baroni conspired to close access lanes to the bridge, Wigenton said their motive “is not an element that has to be proved.”

The defense team clearly was frustrated with the decision.

“You’re directing a verdict of guilty,” said Michael Critchley, the lead lawyer for Kelly.

Kelly, a former deputy chief of staff to Christie, and Baroni, a former deputy executive director of the Port Authority, have been charged with conspiracy, wire fraud and civil rights violations for their alleged roles in the September 2013 lane closures. They have defended themselves as unwitting accomplices in a retribution scheme devised by David Wildstein, a former Port Authority official who has pleaded guilty in the case and is cooperating with the prosecution.

Over the trial’s six weeks, the defense teams have built a case that their clients were duped into thinking the lanes in Fort Lee were realigned for a traffic study and then they were tangled in a coverup reaching the highest levels of the governor’s office. Critchley and Baroni’s lead attorney, Michael Baldassare, each urged the jury before it broke to deliberate to consider what is known as the “good faith” defense, which says that acting in good faith is a “complete defense” of charges because that is inconsistent with acting knowingly and intentionally.

Around midday, the jury sent a question to the judge: “Can you be guilty of conspiracy without the act being intentionally punitive toward Mayor Sokolich?”

Critchley and Baldassare argued for the judge to instruct the jury to return to the good faith defense.

“Any other answer than no would eviscerate that defense,” Critchley said.

When the judge said she would tell the jury otherwise, Critchley fell back in his chair dramatically. The judge snapped at Critchley.

“It’s an involuntary reaction, judge,” he said.

When Critchley told Wigenton that her decision was tantamount to a guilty verdict, she replied, “thank you.”

“You’re welcome, judge,” Critchley said.

Wigenton’s decision Tuesday reaffirms one she made last week, when she sided with the prosecution in removing language about punishing Sokolich from the conspiracy charges read to the jury before it broke for deliberation.

Critchley’s frustration appeared to have been building when Wigenton made her decision. On an earlier question from the jury about a pre-trial procedure, Critchley and Assistant U.S. Attorney David Feder had a testy exchange in the courtroom. Critchley’s voice rose to a shout as he argued his side to the judge.

“Take it down a notch,” Feder said, adding that he was concerned the jury in the next room might hear.

“The court tells me what to do,” Critchley said. “Not you.”

The jury is expected to resume deliberations on Wednesday.

Follow Dustin Racioppi on Twitter: @dracioppi