The complaint alleging official misconduct by the governor will proceed, however. Watch video
TRENTON -- A state Superior Court judge on Friday again denied a citizen's request for a special prosecutor to handle a complaint against Gov. Chris Christie related to the 2013 Bridgegate scandal.
Judge Bonnie J. Mizdol, the assignment judge for the Superior Court in Bergen County, denied a second request by citizen activist Bill Brennan for an independent counsel to handle his complaint alleging the governor knew of the politically motivated lane closures in Fort Lee, but failed to act to stop them.
Christie has denied any previous knowledge of the Bridgegate revenge plot, which lead to the convictions of his former deputy chief of staff, Bridget Kelly, a senior appointee to the Port Authorty, Bill Baroni, as well as a guilty plea by another Christie loyalist, David Wildstein.
Mizdol also denied Brennan's request for a special prosecutor three weeks ago, prompting him to ask the judge to reconsider.
The rulings mean the complaint will be handled by state prosecutors, not an appointed independent one.
Judge: No special prosecutor for Bridgegate complaint
Bergen County's prosecutor Gurbir S. Grewal was formally appointed by Christie in November, and has recused himself from the citizen misconduct complaint.
The state attorney general, Christopher Porrino, has also recused himself from the matter, having previously served as counsel to the office of the governor.
Brennan, however, has argued that even Grewal's or Porrino's subordinates would have a conflict of interest, since either could act against their subordinates handling the matter.
On Friday, Brennan also pointed to a recent report about former Bergen County Prosecutor John Molinelli in the Record, in which Molinelli claimed he was ready in Jan. 2014 to investigate what he called a "clear case of official misconduct" on the part of Christie staffers, but was told not to.
The governor replaced Molinelli, a Democrat as Bergen County's prosecutor in November 2015, without explanation.
On Friday, Brennan said Christie's decision to replace Molinelli replacement and the former prosecutor's interview with the Record "confirms every issue raised in my request for a special prosecutor."
"It is clear that Defendant Chris Christie controls the people prosecuting him, (and) Judge Mizdol was derelict in her duty to maintain public confidence in the integrity of our system," wrote Brennan in an email on Friday.
In her opinion released Friday, Mizdol said that Brennan had mischaracterized her earlier denial of his request for a special prosecutor.
"Brennan asserts the court's decision was premised on the misunderstanding that he wanted to act as special prosecutor," wrote Mizdol. "This was never the court's impression nor the basis of its opinion. It was obvious to the court that Brennan did not seek to be personally appointed as special prosecutor. The principal issue was whether Brennan, as a civilian complainant, had standing to make the request. He did not then, and does not now, possess that authority."
Brennan said he hoped to have an emergent appeal before the appellate division before Jan. 11.
A spokesman for the governor did not immediately respond to a request for comment.
A spokeswoman for the Bergen County Prosecutor's office did not immediately respond to a request for comment.
Claude Brodesser-Akner may be reached at cbrodesser@njadvancemedia.com. Follow him on Twitter @ClaudeBrodesser. Find NJ.com Politics on Facebook.