FIRST ON 3: New Hanover Co. files motion to stop Berger’s requests for evidence

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Submitted: Fri, 08/16/2013 - 7:38pm
Updated: Fri, 08/16/2013 - 9:09pm

WILMINGTON, NC (WWAY) — The New Hanover County Commission has requested a protective order against ousted Commissioner Brian Berger as he requests evidence as his appeal of his removal from office continues.

According to the motion filed in North Carolina Business Court yesterday as part of Berger’s appeal, the commissioners want a judge to keep Berger and his attorney from trying to gather more evidence in the case, because, the county argues, “it would be a waste of effort and expense” because no more evidence can be presented at point in the process. The county also wants Berger to pay for its costs associated with trying to get this protective order.

The motion says Berger’s attorney Chris Anglin has subpoenaed the New Hanover County District Attorney and Wilmington Police Department for documents connection Berger’s arrest and prosecution in criminal matters. It also says Anglin told the county’s attorney John Martin he planned to take a deposition from Commissioner Jonathan Barfield. After the county asked Anglin not to continue with the discovery process, Anglin notified the county he would continue.

Anglin, the motion says, then told Martin he would depose Barfield and Commission Chair Woody White. The depositions are scheduled for Aug. 26, which is a week after supplemental briefs in the appeal are due.

We reached out to Anglin and county commissioners, but everyone we talked with said they could not comment.


  • Patricia Salley says:

    Hes never on time its Not fair that they have put him back in.He should be at each meeting and on time.Its time he man up and do what hes suppose to do but just because he has add or whatever he has it not fair to the other people that are ready..Just not right

  • Rick Wilson says:

    White and company denied Brian Berger a continuance before the Amotion Hearing. They started this process and now they ask for continuances and now want to deny his lawyer’s requests for evidence. This process has had a foul smell from the beginning and is not getting any better. They acted as judge, jury, complaining witnesses, and executioners. I hope the real courts will show them that their “kangaroo court” style of justice does not extend past the chamber of the county commission. Woody White should be disbarred and all 3 of the “unholy trinity” aka White, Dawson, and Wolfe should be jailed for stupidity and the wasting of taxpayer dollars.

  • wilm tax payer says:

    well they all republicans republicans are like snakes only good ones are the dead ones, too bad we cant shoot them, we need to start a arm war on them

  • Revenge says:

    This is not so farfetched — consider the campaign workers DURING Berger’s and other campaigns that year, who found their homes being searched by signed search warrants all initiated by W. Allen Cobb Jr. personally. There’s a couple of people in SBI who appear to cover for Cobb, or else he would have already been off the bench. He’s just 1 person, but amazing how everyone who works for his family for decades gets in BIG trouble, while he slithers under the rug, hiding…except to show up and withdraw the thousands deposited in his public paycheck every month.

  • Guest2365 says:

    Guess someone has something to hide they don’t want to get out in public, Tooo Late people you are in office and started all of this instead of leaving it alone, and let his term run out. Smart ones we have in this place, and they say he is a threat and trouble maker..

  • Guest-o-matic says:

    …and everyone tried to tell you, but you proceeded against prudent judgement anyway! Everyone is REALLY beginning to hear that huge, overpowering sucking sound that is absorbing the taxpayers money you are in charge of!

    Now, you want to supress evidence? You want to supress depositions? Now, you want a “protective order”? And on top of it all, you’re trying to impede discovery? What part of “crooked” do you most resemble, the “R” or the “K”? As an attorney, you’d make a great plumber!

    As expected, you have embedded yourselves in a hornets nest up to your necks. We all saw it coming and had recommendations to take this to the end of Bergers term with the least expensive manner possible. Now you’re likely to spend tens, if not hundreds of thousands of taxpayer dollars, still will not have this resolved by the end of this term AND, on top of it all, proceed to portray yourselves as a bunch of angry, deceitful, helpless and desperate cronies to the people of the county which you were elected to lead.

  • Guestobserver says:

    are they hiding something-what are they afraid of? What has White done that he doesn’t want public? This is an attempt to bully Berger and undermine what is suppose to be an honest and independent judicial process- Is that taking place or are these bullies gaming the system?
    Have there been improper contacts and is this just another step in trying to subvert the process. Lets investigate what Woody has done throughout this process. Is he afraid of the truth?

  • Guestnixon says:

    Has Woody tried to be Judge and Jury at the County level with dawson and their puppet commissioner denying the very person they accuse of basic due process- Has White attempted or actually contacted any members of the Judiciary who could have been involved in or are involved in this amotion process. Justice is suppose to be honest and independent.
    That is a simple yes or no question? It is the County that should be assessed costs! Many of us believe that White and others should and will soon face their day of scrutiny.Lets see what the truth is they dont want us to know.

  • Guest2020 says:

    On Family Feud today, they asked a hundred people to name an occupation where a conscience is not required. The second most popular answer was politician. The number one answer was lawyer. Woody has that one covered.

    Berger’s attorney has as much right to the evidence as the commission’s attorney. I hope the judge does the right thing and allows both sides equal access. I hope the people in New Hanover County does the right thing the next time each of these sleazy commissioners are up for re-election.

  • Guest74767 says:

    There are enough turns in this story to give a person whiplash. Removing Berger from office like this has wasted everyone’s time and energy. Now trying to get a protective order? On what grounds? Protective orders are given to prevent irrevocable harm from being done. We all need to think about why the county commission is taking this step. If everything about this removal were on the up and up, why try to keep the truth from surfacing?

  • Guest1221122 says:

    This does certainly raise an eyebrow. I want to be rid of Berger as much as anyone, however he deserves his due process, and if they are trying to stonewall him…I wonder why…

  • Guest 1492 says:

    The idiot’s back dean baily, and you’ve captured him in your mirror!

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