Attorneys for Silverton First Aid Squad and Kevin Geoghegan say they have reached an impasse with Toms River over whether deposition transcripts, video and audio can be shared with the news media, social media or the public.

TOMS RIVER, N.J. — Silverton First Aid Squad and Kevin Geoghegan want an Ocean County judge to issue a media blackout as they defend themselves in court over allegations that Geoghegan and his squad stole tens of thousands of dollars worth of fuel, and denied Toms River hundreds of thousands of dollars in insurance reimbursements.

Silverton First Aid Squad and Kevin Geoghegan are continuing their effort to restrict public dissemination of deposition testimony in Toms River Township’s civil lawsuit against them, telling an Ocean County judge that settlement discussions have failed to resolve a key dispute over whether testimony can be provided to the press or published online.

At this time, there is absolutely no evidence of any public dissemination of deposition testimony. This demand of the judge came only after Shore News Network reported on a procedural court matter where Shore News Network learned that both former Mayor Maurice “Mo” Hill and former business Administrator Lou Amouruso both ceased their testimonies and lawyered up during the deposition process. A source withing the Ocean County legal system tipped off Shore News Network that both men had been shopping around for lawyers to continue their deposition.

At no time was Shore News Network provided with any content from the deposition in any form. It was revealed through their own legal search, and sources close to that search divulged the actions to Shore News Network.

That set off a tripwire with Geoghegan and his lawyers, leading them to falsely assume that deposition material had been leaked, when it was their own witnesses who had leaked the information during their search for legal counsel.

In a Sept. 23 letter to Superior Court Judge Craig L. Wellerson, attorneys for Silverton and Geoghegan said the two sides made progress on most portions of a proposed protective order following a court-directed conference.

One issue, however, remains unresolved.

The defendants want the court to prohibit deposition testimony — including transcripts, video recordings and audio recordings — from being disseminated outside the lawsuit to third parties, specifically including news organizations, social media and the internet.

Toms River has refused to agree to that restriction. Public court cases should never be hidden behind a veil of secrecy, especially when they involve public officials, towns, and organizations, where perhaps millions of dollars in public funds are at stake.

Silverton Says Parties Have Reached an Impasse

Attorney Daria B. Janka of Hill Wallack LLP told Wellerson that counsel met after the judge directed the parties to attempt to resolve their differences.

According to the filing, agreements were apparently reached on points one, two, three, four and six of Silverton’s proposed protective order.

Point five remains contested.

“Defendants seek an Order precluding dissemination, publishing and sharing of deposition testimony including transcripts, video or audio recordings outside the litigation, to individual third parties, third party entities or platforms including but not limited to news media, social media or the internet,” Janka wrote.

The township rejected that proposal.

Instead, according to Silverton’s filing, Toms River proposed that the defendants seek a separate sealing order whenever they believe particular information should be withheld from third parties.

“Defendants respectfully write to advise the Court that the parties have reached an impasse with respect to the above-referenced issue,” Janka wrote.

Fight Is Over Depositions, Not Just Court Filings

The latest dispute focuses specifically on information produced during discovery.

Depositions allow attorneys to question witnesses under oath before trial. Those examinations can generate written transcripts as well as audio or video recordings, depending on how the deposition is conducted.

Those transcripts should be public as the matter pertains to a public entity suing another public entity that was run by a then-sitting elected official during the dispute that also closely links the former mayor and business administrator.

Silverton and Geoghegan are asking Wellerson to prevent that material from being distributed beyond the attorneys, parties and others involved in the litigation.

The proposed restriction would expressly reach news outlets and social media, but would not prevent the free press from doing their own investigation into the matter.

The township’s position, as described by Silverton’s attorneys, would require the defendants to go back to court and seek protection for specific material rather than imposing a broad restriction covering deposition testimony across the case.

Lawsuit Centers on Alleged Fuel Use and EMS Money

The underlying case, Township of Toms River v. Silverton First Aid Squad, was filed in Ocean County Superior Court under docket OCN-L-2730-24.

Toms River has accused Silverton First Aid and Geoghegan of improperly using township-funded gasoline and failing to turn over money the township contends it was owed under the parties’ emergency medical services arrangement.

Among the allegations is that approximately 24,000 gallons of municipal fuel were obtained through township pumps despite an agreement requiring Silverton to pay its own fuel costs.

The township has also alleged that Silverton stopped forwarding the municipality’s share of EMS billing revenue.

Geoghegan Named Personally in Township Case

Geoghegan, a former Toms River Township Council president, is individually named as a defendant along with Silverton First Aid.

The litigation has increasingly focused on discovery involving the financial relationship between the for-profit ambulance squad and township government during the years covered by the complaint, several of which he served as a sitting councilman.

That has included questions about fuel access, ambulance billing proceeds and decisions made by township officials while the arrangement remained in place.

The battle over who may see or publish deposition material has now become a separate fight inside the larger case.

Silverton Wants Judge to Hear Arguments

Silverton’s attorneys told Wellerson they are prepared to argue the protective-order dispute in court. They asked that oral argument be scheduled on a non-motion day after Sept. 25 because of scheduling conflicts.

The filing also notes that a township motion to compel discovery remained pending and that the defendants were filing their own motion to compel discovery, with an anticipated Oct. 9 return date.

No ruling on the disputed publication restriction was included in the Sept. 23 filing.

If Wellerson grants the language sought by Silverton and Geoghegan, deposition transcripts and recordings would be protected by a judicial gag order to keep both the media and the public in the dark during a highly-public court case.

If the township’s position prevails, defendants seeking to restrict particular material would instead have to ask the court for protection as those issues arise.

Silverton First Aid and Kevin Geoghegan are asking an Ocean County judge to prohibit deposition testimony and recordings from being shared with news outlets or published online. It’s not certain what Geoghegan, who claims his innocence, is trying to hide.