State police, prosecutor's office to handle public-record requests in Gaudreau case

Two law enforcement agencies have a state judge's approval to handle public-record requests related to the deaths of hockey star Johnny Gaudreau and his brother Matthew.

The New Jersey State Police and Salem County Prosecutor’s Office have said they’re unlikely to release the full contents of 911 calls about an Aug. 29 traffic accident that killed the men as they bicycled along a rural road.

The Gaudreau family went to court on Sept. 26 to block media requests for the 911 calls, saying their release would violate the survivors' privacy rights.

“The family is primarily concerned about photographs…or 911 calls that specifically address John and Matthew Gaudreau, their injuries and the emergency care they were provided,” William R, Lane, an attorney for the Gaudreaus, said in an interview Wednesday.

The state police and prosecutor’s office noted legal protections for the family's privacy but asked Superior Court Judge Timothy Chell to lift a preliminary injunction that had barred any release of the calls.

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The agencies said the injunction was preventing their normal process of identifying privacy concerns and providing discovery to a man charged with killing the brothers in a drunk-driving accident.

Both said they would not release 911 calls or excerpts without considering privacy protections and consulting with the Gaudreau family. Media outlets and others requesting the records could object to a decision against a record's release.

At a hearing Wednesday, Chell said he would sign an order to dissolve the temporary restraints and would not enter permanent restraints.

That would allow NJSP and SCPO to handle public-records requests as usual.

“We fully intend to maintain our objections to any of these documents,” Lane said Wednesday.

He said the family is asserting its privacy rights to prevent the release of graphic material that would become widespread on the Internet for years.

“They’re doing it for the deceased, and for the families and their children,” the attorney said.

In an Oct. 7 filing, the state police said the Gaudreau's “privacy rights likely will overcome any public interest in some or all of recordings.

The prosecutor’s office on the same day cited “the graphic and disturbing nature of certain content within the calls.”

It asserted release of a “particularly disturbing” call, made while a motorist was trying to help the brothers, would violate a constitutional protection of “fairness, compassion and respect” for crime victims.

It also cited intense media interest in the death of Johnny Gaudreau, a seven-time NHL All Star who played for the Columbus Blue Jackets , and his 29-year-old brother.

It also said witnesses to the alleged drunk-driving accident, if identified, would likely be contacted “by media, fans, analysts, observers and gawkers.”

That would bring “an unreasonable risk of tainting witness recollection, chilling voluntary witness participation and witness availability, and undermining the integrity of the prosecution, the filing said.

A 43-year-old Salem County man, Sean Higgins, is awaiting trial on two charges of death by auto.

“Additionally, and most importantly, the 911 callers were subjected to significant trauma … and are themselves considered victims for purposes of trauma response management and resources,” said the prosecutor’s office.

It said the callers, like the Gaudreau family, oppose release of the 911 calls on privacy grounds.

Attorneys for the various parties, including media outlets, held a conference call with the judge on Wednesday morning.

The NJSP filing also noted privacy concerns could be a factor later for OPRA requests seeking items that are not yet available, like body-cam footage.

Authorities allege Higgins was speeding on County Route 551 in Oldmans Township when he tried to pass two vehicles around 8:20 p.m. on Aug. 29.

When the two vehicles, an SUV and a sedan, noticed the bikers on the narrow shoulder, they moved into the southbound lane to give the cyclists space.

Higgins interpreted that as an effort to block him from passing, and he then passed on the right, striking the Gaudreau brothers, according to the prosecutor's office.

Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email: Jwalsh@cpsj.com.

This article originally appeared on Cherry Hill Courier-Post: State police, prosecutor's office to handle public-record requests in Gaudreau case