Toms River school board member drops ballot challenge after perjury concern
Toms River, N.J. – A legal reported earlier this week has been officially withdrawn after a Democrat Toms River School Board member withdrew her case to kick her Republican opponent off the ballot.
Democrat Kathy Eagan, an incumbent school board member and former president of the Toms River branch of the NJEA teachers union has abruptly withdrawn her lawsuit in court which sought to remove her Republican opponent, George Lobman from the ballot.
A high-stakes ballot fight in Ocean County came to an abrupt end this week when Toms River Regional school board member Kathy Eagan, a former NJEA leader, withdrew her lawsuit to disqualify her opponent after facing questions about contradictory testimony that could have led to a perjury charge.
In the opening moments of the court case, a motion filed by lawyers for the defense questioned Eagan’s involvement and contradictory statements given during previous testimony. When confronted in court with these contradictory pieces of evidence, Eagan refused to testify under oath and quickly withdrew her case, court documents show.
Eagan, who is seeking her third term on the board, had filed an Order to Show Cause aimed at removing challenger George Lobman from the November ballot. Her lawsuit alleged Lobman falsified his nominating petition by certifying that he personally collected voter signatures when, according to witnesses, others circulated the petition. A notary, was also accused of improperly notarizing the document.
But during a September 4 hearing, when pressed on whether she would testify under oath about conflicting statements, Eagan abruptly withdrew the case, ending the legal battle before it could proceed further.
The withdrawal clears the way for Lobman to remain on the ballot. Local officials said the county must finalize election ballots soon, and the decision ensures voters will have a choice between Eagan, Lobman, and a third candidate in the upcoming race.
Toms River Mayor Dan Rodrick, who Eagan accused of mishandling voting ballots said he is relieved that Eagan’s attempt to remove her opponent through an apparent mistruth has been brought to light and that Democracy will continue uninterrupted.
“This is how democracy should work,” said Mayor Daniel Rodrick, who was also named in the filing. “There will be a stark contrast between the two candidates, and I say let the voters decide.”
Perjury, Dishonesty, or Willful Deception?
According to a court document filed on Tuesday by Lobman’s lawyer, the defense questioned the intent and statements previously made by Eagan and her alleged “victim” identied in court papers as “Ms. Musso”.
Eagan claimed that Ms. Musso was misled by the petioners, saying she did not know what she was signing, however knew enough about what she was signing to bring her concerns to Eagan to file a lawsuit.
“I was not informed that the petition was for George Lobman’s candidacy at the time of signing,” Ms Musso said in testimony.
” Even if true, this does not provide any wrongdoing on the part of Mr. Rodrick, Mr. Lobman or Ms. O’Toole. Nowhere in Ms. Musso’s Certification does she claim any defendant made any misrepresentations (or in fact, any representations whatsoever). It simply raises the question as to why Ms. Musso would sign something when she now claims not to know what she was signing and how it came about that she provided plaintiff Eagan with her Certification,” the lawyers responded.
“I was not informed that the petition was for George Lobman’s candidacy at the time of signing.” Even if true, this does not provide any wrongdoing on the part of Mr. Rodrick, Mr. Lobman or Ms. O’Toole. Nowhere in Ms. Musso’s Certification does she claim any defendant made any misrepresentations (or in fact, any representations whatsoever). It simply raises the question as to why Ms. Musso would sign something when she now claims not to know what she was signing and how it came about that she provided plaintiff Eagan with her Certification. “It simply raises the question as to why Ms. Musso would sign something when she now claims not to know what she was signing and how it came about that she provided plaintiff Eagan with her Certification.”
Lobman, a former Toms River Councilman, is running to restore stability to the Toms River School District, which has been facing financial problems under the current leadership.
