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

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.

Categories: New Hanover