A hitch in the Bridgegate proceedings. Jury deliberations interrupted by defense attorneys challenging the judge’s admonition that jurors need not consider motive when deliberating the charges. The defense asserts motive is central to the case. Cameras are not allowed in federal court by NJTV News Correspondent Chief Political Correspondent Michael Aron was inside.
Aron: Today was all about legal sparring behind closed doors.
While jurors deliberated in the jury room, the three legal teams were in and out of the courtroom five times.
The media never got to see or hear what the wrangling was about.
But we do know the defense teams for Bridget Kelly and Bill Baroni want the judge to reverse a ruling she made yesterday.
Defense lawyer Michael Critchley filed a motion to that effect this morning.
At issue is whether the jury can find the defendants guilty of conspiracy regardless of whether the prosecution proved a specific, unlawful purpose — in this case that Baroni and Kelly intentionally realigned the George Washington Bridge lanes as an act of political retribution.
The judge said yesterday yes, the jury can do that.
Critchley’s five-page motion argues the defendants can only be found guilty if jurors believe the alleged motive — punishment of the Fort Lee mayor for not endorsing Chris Christie’s re-election.
Critchley writes:
“The indictment clearly informs defendants that they are being charged with misusing local access lanes, tollbooths and Port Authority personnel for retribution against Mayor Sokolich”
“While it is true that motive is not an essential element of every conspiracy, it is an essential element when the grand jury charges a defendant with conspiracy to do, and in fact doing, something he is authorized to do, but doing it for an improper purpose.”
“It was error to instruct the jury otherwise, and the court should correct that error now.”
So will Judge Wigenton reverse her decision of yesterday that motive doesn’t matter?
Is the defense laying some groundwork for an appeal?
Those are two questions being asked.
As the defendants left court this afternoon, another question on everyone’s mind: will the jury deliver a verdict this week or will Kelly and Baroni have to go through another weekend not knowing their fate?
The jury was excused early today. It gathers again tomorrow.