Follow-up is scant on defamation lawsuit

Follow-up is scant
on defamation lawsuit
Jackson official
alleged GOP duo
hurt his name
BY JOYCE BLAY
Staff Writer

Eight months after his re-election to the Jackson Township Committee, Democratic Committeeman Michael Kafton appears to have quietly allowed a lawsuit he filed against both of his Republican opponents last year to fade away.

Kafton failed to file an interrogatory by June 1, according to Bill Allmann, one of two of Kafton’s political opponents in 2003 who was named in the suit. The interrogatory is required in order to build a case, said Allmann.

The former candidate alleged that Kafton would have to provide personal information, including earnings, in the interrogatory that could ultimately prove embarrassing to him.

"He has to prove he’s been damaged," said Allmann.

When a reporter asked Kafton several months ago how he had been damaged since he had won the election, Kafton said the purpose of the lawsuit was to show those who had attempted to defame him that there was a penalty to be paid for their actions.

In court papers filed in state Superior Court, Toms River, Civil Division on Oct. 29, 2003, Kafton’s attorney J. Patrick Roche of Maplewood charged Republican candidate Mel Schubert and Allmann, along with John and Jane Doe No. 1-5, with having publicly de-famed both Kafton and his wife, Barbara. The papers alleged that the Republicans named in the suit, as well as any not yet known to have participated, but identified by the names John and Jane Doe, had distributed or caused to be distributed documents and fliers containing defamatory statements against Kafton and his wife.

The papers referenced a packet of information mailed anonymously to some people in Jackson that contained the police record of a different Michael J. Kafton, who was arrested in North Carolina a decade ago for 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, 2003 and again on Oct. 5, 2003.

The court papers said the infor­mation was also republished in a flier that referred to Kafton as "Marijuana Mike" despite the fact that the person named in the record was not the same one run­ning for public office. The flier also made reference to a Kafton family business it said had not re­ceived zoning approvals or permits from the township.

Barbara Kafton alleged in the filing that she had been defamed as well after residents approached her to ask if her husband was the "Marijuana Mike" mentioned in the flier. As a result, said the pa­pers, both Kaftons suffered anguish and emotional distress.

The Kaftons demanded a trial by jury and sought compensatory and punitive damages, attorney’s fees and any other relief that the court deemed appropriate.

But no court may ever hear the Kaftons’ grievance, according to Allmann.

"He has done nothing to expe­dite the lawsuit and in fact he’s hindering it more than helping it by using delay tactics" such as hir­ing a new attorney, said Allmann.

Allmann said his longtime attor­ney, Daniel Sahin, is representing him in the matter.

Schubert was not available for comment.

Kafton did not return calls re­questing further information about the lawsuit, but at Monday night’s Township Committee meeting he told the Tri-Town News he had no information to provide.

"Sorry," he told a reporter.

That is a word Allmann indi­cated he, too, would like to hear from his former Democratic oppo­nent.

"He has to spend his money to pursue this suit, just as I have to de­fend myself from false or frivolous allegations," he said.