Judge accused of hiding fugitive boyfriend seeks to have case tossed

Attorney for the judge said his client had no inherent duty to execute an arrest warrant on her then-boyfriend.

SOMERSET -- The lawyer for suspended Middlesex County Judge Carlia Brady argued for a motion to dismiss a three-count indictment against her before Somerset County Superior Court Judge Julie M. Marino on Tuesday.

Fairfield-based attorney Tim Smith said Brady, 43, was acting as a private citizen and had no legal obligation to tell police that her then-live-in boyfriend Jason Prontnicki, 43, was en route and later present in her residence.

Brady, who had been sworn in as a civil court judge just two months before her arrest, has been indicted on two counts of hindering the apprehension of a fugitive by allegedly harboring Prontnicki for approximately an hour on June 11, 2013, in her home before both were arrested there by police, and "never making any attempt to contact law enforcement," according to the complaint filed against her.

The third count charges Brady with hindering by allegedly offering to provide or aid Prontnicki with money, transportation or clothing to assist him in avoiding arrest.

Prontnicki was wanted in the armed robbery of an Old Bridge pharmacy on April 29, 2013, where authorities say he threatened the owner with a crowbar and demanded drugs.

Smith said Brady, who was on vacation at the time of her arrest, can't be a judge "24 hours a day." He said she tried to convince Prontnicki to turn himself in and didn't do anything to conceal him when he showed up at her home, adding that there's nothing in the judges' code of conduct that said she had to assist in his arrest.

"You can't be indicted on 'could've done more,''' said Smith. "You can't put my client in jail for five years on 'could've done more.' The state is saying my client's duties as a judge are inherent and non-discretionary. The state is making up the law as they go along."

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Assistant Prosecutor W. Brian Stack said police waited before going into Brady's Woodbridge home because they weren't sure the man they saw entering the home was Prontnicki. Smith argued police had an ulterior motive.

"They (police) wanted to take down a judge," said Smith. "They were setting her up."

Stack said Brady knew Prontnicki was on his way to her home that day and it was her duty as a judge to notify police. It was a matter of "common sense," Stack said. He said Brady chose not to alert police that Prontnicki was en route to her home for "personal gain."

Stack also said text messages between the pair allegedly show Brady told Prontnicki that they can't be seen together in her home and acknowledged that she had a responsibility to turn him in to authorities.

Stack said Brady's motives and actions in the case are matters for the jury to decide, not a judge.

Marino said she will rule on the motion to dismiss the indictment when both sides return to court on Jan. 7.

The investigation was initially conducted by the Woodbridge Township Police Department, but transferred to the Somerset County Prosecutor's Office for further investigation and prosecution to avoid a conflict of interest, authorities have said.

As previously reported by NJ Advance Media, authorities say Brady did leave two messages for Woodbridge police on June 10 and 11, 2013. She said she wanted to amend a report alleging Prontnicki stole her car, as it had just been returned, authorities have said.

She also allegedly told police she knew Prontnicki was wanted and must be in Woodbridge, but said he wasn't with her.

Stack said Tuesday that Brady left those messages to "cover herself." He said if she really wanted Prontnicki to be arrested she would've spoken to a dispatcher on June 11 and told police Prontnicki was on his way to her home.

Brady has been suspended without pay from her $165,000-a-year-job since shortly after her arrest. She is facing up to 10 years in prison if convicted.