Bridgegate defense to judge: 'You are directing a verdict of guilty'

NEWARK, N.J. - A federal judge said Tuesday that she would tell jurors deliberating in the George Washington Bridge lane-closure case that they could find two former aides to Gov. Christie guilty of conspiracy even if the defendants did not act intentionally to punish a local mayor.

Prosecutors accused Bridget Anne Kelly, Christie's former deputy chief of staff, and Bill Baroni, Christie's former top executive appointee at the Port Authority of New York and New Jersey, of conspiring to retaliate against Fort Lee Mayor Mark Sokolich in 2013 for his refusal to endorse the governor's reelection campaign.

Kelly's attorney, Michael Critchley Sr., hotly told the judge that she was "directing a verdict of guilty."

Kelly and Baroni are charged with intentionally misusing Port Authority resources and a related conspiracy count, among other charges.

U.S. District Judge Susan D. Wigenton said jurors had submitted a question to the court: "Can you be guilty of conspiracy without the act of being intentionally punitive toward Mayor Sokolich?"

Defense attorneys argued that answering yes would "eviscerate" the crux of their defense: that Kelly and Baroni had an honest misunderstanding that the September 2013 lane closures were part of a legitimate traffic study, not a scheme to punish Sokolich.

They pointed to an instruction Wigenton read to the jury last week explaining this good-faith defense: "If the defendants made an honest mistake or had an honest misunderstanding that the lane or toll booth reductions were part of a legitimate Port Authority traffic study rather than part of a plan to cause traffic problems in Fort Lee as punishment to Mayor Sokolich, then they did not act knowingly, intentionally, and willfully."

Wigenton's instruction continued: "If you find from the evidence that the defendants acted in good faith, as I have defined it, or if you find for any other reason that the government has not proved beyond a reasonable doubt that the defendants acted knowingly, intentionally and willfully, you must find the defendants not guilty of the offenses charged in the indictment."

Critchley said: "We can make believe if we want that punishment of Fort Lee Mayor Mark Sokolich is not the heart of the case. But then we'd be in an alternate universe."

Prosecutors argued that Kelly and Baroni were not charged with punishing Sokolich; rather, the punitive goal of the alleged crime is a matter of motive that the government does not need to prove to convict.

Wigenton agreed. She had ruled similarly when attorneys were arguing over jury instructions.

"I am going to respond: You can be guilty of a conspiracy without this specific purpose," Wigenton said.

Critchley sank into his chair and closed his eyes, prompting a rebuke from the judge.

He later fired back: "You are directing a verdict of guilty. That's what you're doing, judge."

"Thank you, Mr. Critchley," she told him, sarcastically.

"You're welcome, judge," Critchley responded.

As jurors continued to deliberate, they asked the court another question, essentially: Can their verdict with regard to the substantive count of intentionally misusing Port Authority resources differ from their verdict on the charge that the defendants conspired to commit that crime?

Prosecutors and defense attorneys agreed on this response: "Each count is to be evaluated independently, and each defendant can be found guilty or not guilty of each count without regard to any other count."

Jurors left the courthouse for the day around 4:30 and are to resume deliberations Wednesday morning.

aseidman@phillynews.com

856-779-3846 @AndrewSeidman