Township attorneys argue Silverton First Aid Squad and Kevin Geoghegan have not justified limits on sharing testimony with the public and news media.
TOMS RIVER, NJ — Toms River is asking a Superior Court judge to reject restrictions that would prevent the township from sharing deposition testimony in its lawsuit against Silverton First Aid Squad and Kevin Geoghegan outside the litigation.
The motion is part of ongoing attempt by Geoghegan to silence the media after two of his key witnesses, including former Mayor Mo Hill walked out of the deposition and requested to be represented by a lawyer.
Geoghegan and his attorneys are trying to shield major components of the ongoing care, including allegations of misappropriation of funds, from the public and, more importantly, from the media.
In an October 14 filing, township attorney Donald F. Burke Jr. argued that the defendants’ proposed protective order is overly broad and changed substantially after they filed their original motion in July.
The supplemental opposition, addressed to Judge Craig L. Wellerson, challenges restrictions on distributing testimony, attending depositions and submitting deposition material to the court.
Township challenges limits on public release
According to Burke’s filing, the defendants’ September 23 proposed order would prohibit sharing deposition testimony, transcripts and recordings outside the litigation, including with third parties, news organizations, social media platforms and websites.
Burke argued that concerns about publicity did not establish a sufficient basis for those restrictions.
“Generalized fears of selective quotation or unfavorable media coverage do not, without a particularized showing, establish good cause for defendants’ requested case-wide confidentiality order,” he wrote.
Geoghegan’s legal team is upset after Shore News Network reported that several of their own key witnesses, including former Toms River Mayor Maurice Hill and Business Administrator Lou Amoruso, have since “lawyered up” during their depositions.
Shore News Network did not report and has no knowledge of what transpired in those depositions. After that report, Geoghegan’s legal team filed a motion to attempt to silence media coverage of the high-profile case.
While Shore News Network reported on a procedural matter in court, the company was never given any depositions.
The filing says defense attorney Suzanne M. Marasco previously raised concerns about unidentified people viewing remote depositions, recording procedures, possible publication of clips and potential prejudice to a future jury.
Burke countered that those concerns did not identify specific testimony requiring confidentiality or testimony that had actually been disseminated.
Dispute extends beyond sharing testimony
The township also contends the September proposal differs materially from the order submitted with the defendants’ July 29 motion.
Burke wrote that the revised version added a restriction allowing only one attorney per party to speak during a deposition, a prohibition on unauthorized people attending or listening, and a requirement to appoint a special adjudicator for future discovery disputes.
The filing also challenges changes to attendance rules, remote participation requirements and sanctions provisions.
“Their application has become a moving target rather than the narrowly tailored protective order Rule 4:10-3 requires,” Burke wrote.
According to the township’s account, the defendants’ September letter said the parties had “seemingly” agreed on most issues, leaving dissemination of testimony as the principal disagreement. Burke disputed that characterization, pointing to the additional provisions.
Proposed filing restriction draws objection
One disputed provision would allow parties supporting a motion to file “only the relevant deposition testimony which supports the motion,” according to language reproduced in the township’s submission.
Burke argued that could exclude testimony needed to explain context, address opposing arguments or give the judge a complete record.
The township’s position distinguishes between managing the exchange of evidence during discovery and restricting access to material submitted as part of a court proceeding. Burke argued that the court could address any genuinely confidential material through requests for targeted redactions or sealing.
The filing asks Wellerson to deny the blanket protective order in the Ocean County case, docketed as OCN-L-2730-24. The arguments are the township’s position on the motion, rather than findings by the court.
Toms River is opposing proposed restrictions on deposition testimony in its lawsuit against Silverton First Aid Squad and Kevin Geoghegan.
Toms River asks a judge to reject restrictions on sharing deposition testimony in its lawsuit against Silverton First Aid Squad and Kevin Geoghegan.
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