Records Into Killings Of NHL Star, Brother Can Be Released, NJ Judge Rules

SALEM COUNTY, NJ — A judge withdrew a temporary order Wednesday that prevented authorities from publicly releasing investigative records regarding the deaths of NHL star Johnny Gaudreau and his brother, Matthew.

A suspected drunk driver struck and killed Johnny and Matthew Gaudreau as the brothers rode their bikes Aug. 29 in Salem County, authorities said. Last month, the Gaudreau family sought a court order to prohibit the release of 911-call audio and other records related to the criminal investigation into the matter.

On Sept. 26, Judge Timothy Chell temporarily blocked government agencies, including prosecutors and police, from releasing investigative records in the case. Chell lifted the ban and dismissed the Gaudreau's legal challenge after an attorney conference Wednesday in Salem County Superior Court.

The 911-call audio remains private. If the case goes to trial, the recordings can be presented in a private setting away from the public and press, according to the Salem County Prosecutor's Office (SCPO).

State Police responded to the deadly crash, and the SCPO is leading the investigation. Both agencies agreed Wednesday to notify the Gaudreau family before releasing any records and allow them to object, which their respective attorneys say is standard protocol.

Johnny Gaudreau, 31, was a seven-time NHL all-star, while Matthew, 29, played minor-league hockey before returning to South Jersey and coaching. Their deaths, and the ensuing criminal investigation, have received widespread attention and news coverage.

William Lane, the Gaudreau family's attorney, contended that disseminating certain records to the public in a matter with such widespread attention would violate the family's right to privacy.

Lane was satisfied with the judge's ruling.

"We want to make sure that this family's privacy interests are protected," Lane told Patch. "We believe the system now in place will help us to object to this material and assert the privacy interests of the family."

An SCPO spokesperson declined to comment on the ruling.

Sean M. Higgins — the driver accused of fatally striking the victims — was charged with two counts of vehicular homicide. He's been ordered to stay jailed until at least Tuesday, when his pre-indictment conference is scheduled.

After the fatal incident, multiple news outlets requested investigative documents, including recordings of 911 calls from the scene. Salem County authorities planned to disseminate redacted recordings, according to a complaint filed by William Lane, the Gaudreau family's attorney.

The family also sought to block the release of crash-scene footage and photos, investigative reports, and autopsy photos pertaining to the crash.

Journalists and members of the public can typically request these documents from law enforcement and government agencies under the Open Public Records Act (OPRA). But certain records, such as 911 audio, can be withheld if releasing them would harm the victims or their loved ones, according to state law.

Multiple witnesses called 911 to report the Aug. 29 crash. A week later, the SCPO was informed of an OPRA request for the call recordings, Assistant Prosecutor Matthew M. Bingham said in court filings.

Bingham reviewed the audio and redacted a "particularly disturbing" segment when a witness tries to aid the victims. He also removed all references to the 911 callers' personal information.

Prosecutors contacted the Gaudreau family and both 911 callers to see what information in the recordings they wanted private, according to Salem County officials.

The widespread media coverage has played into the SCPO's decisions on records requests, says Karin M. Wood, an attorney representing the Salem County government.

"SCPO is acutely aware of the local, national and international interest in this matter and the unusually high likelihood that public identification of witnesses is likely to result in contact with those witnesses by media, fans, analysts, observers and gawkers," Wood wrote in court filings. "Such contact, in this matter in particular, carries an unreasonable risk of tainting witness recollection, chilling voluntary witness participation and witness availability, and undermining the integrity of the prosecution."

County officials denied a separate OPRA request for victims' autopsy reports.