hit a new low
in Jackson
Claims opponents
hit a new low
in Jackson
BY JOYCE BLAY
Staff Writer
Mayor Michael Kafton of Jackson has chosen to ask a court of law rather than the court of public opinion whether his Republican opponents in the Nov. 4 election, Melvin Schubert and William Allmann, knowingly libeled him.
In court papers filed Oct. 29 in state Superior Court, Toms River, Kafton’s lawyer, J. Patrick Roche, charged Schubert and Allmann, along with unknown defendants, with having publicly defamed Kafton and his wife, Barbara. Kafton was running for re-election to the Township Committee.
The papers allege that the Republicans named had distributed or caused to be distributed documents and fliers containing defamatory statements against Kafton and his wife.
The papers referenced the packet of information that was mailed anonymously to some people in Jackson in the weeks before Election Day.
The information contained the police record of a different Michael J. Kafton, who was arrested in North Carolina a decade ago in connection with incidents of possession of marijuana and drug paraphernalia.
Schubert, who was required to provide his license and credit card numbers to obtain the information, downloaded the record from an overseas Web site on or about Sept. 16 and again on Oct. 5, the lawsuit claims.
The court papers said the information was also republished in a flier that referred to Jackson’s mayor as "Marijuana Mike" despite the fact that the person named in the record was not Jackson’s Kafton.
The flier also made reference to a Kafton family business that its authors claimed had not received zoning approvals or permits from the township.
Kafton’s wife, Barbara, alleged in the lawsuit that she had been defamed after residents asked if her husband was the "Marijuana Mike" mentioned in the flier. As a result, both Kaftons have suffered great anguish and emotional distress, according to the lawsuit.
The Kaftons are demanding a trial and seek compensatory and punitive damages, attorney’s fees and any other relief the court deems appropriate.
Although the lawsuit did not name anyone other than Allmann and Schubert, Kafton had asked at a recent Township Committee meeting if Geneva "Bubbles" Clayton, municipal chairwoman for the Republican County Committee, or Vicki Rickabaugh, a former Republican mayor, had been involved in the dissemination of defamatory material.
Both women denied any involvement, although Ricka-baugh said she did advertising work for the GOP campaign.
Schubert acknowledged two weeks ago that he had given out copies of the arrest record to Republican campaign committee members, but did not name them.
He said he did not get back all five of the copies he had made of the report, and that he saw no need to investigate anyone who might have kept them.
Speaking of the action he has taken, Kafton said, "I believe someone has to take a stand and expose everyone involved so that this will never happen again. These people have no regard for the damage their evil deeds do to innocent people, including my wife and children. It’s just disgraceful."
In response to the allegations contained in the suit, Allmann denied having any involvement.
"I didn’t have anything to do with it," Allmann said. "I think it’s a last-ditch effort by Mayor Kafton to remove himself from the issues facing Jackson."
Schubert, whose identification was the only one encrypted at the bottom of the arrest record that was mailed to residents along with the flier, was not concerned about the legal action, either.
"Anybody can file a lawsuit; it doesn’t make them right," he said.