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The latest courtroom theater in the case over the deaths of NHL star Johnny Gaudreau and his brother is predictable and frustrating. Defense lawyers for Sean Higgins asked a Salem County Superior Court judge for roughly seven more weeks to complete extra blood testing and accident‑reconstruction work. Judge Michael Silvanio ordered the sides back on Sept. 11 to show what, exactly, the defense has found — and to let Higgins decide whether he will face a jury or talk plea.
Why this procedural delay matters
At the heart of the delay is a single, small number: the blood‑alcohol reading. The state says Higgins’ blood‑alcohol content was .087 — a hair over New Jersey’s legal limit of .08. The defense counters with a whole‑blood reading of .075. That decimal point is the whole case. If the defense truly has new, credible testing that changes the picture, the court should see it. If not, every week of delay is a slap in the face to two families who lost sons and to the public that expects the justice system to move.
The defense pitch and the judge’s move
Defense attorney Richard Klineburger told the judge some “additional information” went to the accident‑reconstruction expert and more testing is needed on Higgins’ blood work. Fine — experts sometimes need time. But the judge did not hand the defense an open calendar. He set a return date and made clear a jury is the proper place to resolve dueling experts. That’s sensible. A jury should weigh the science, not a never‑ending parade of last‑minute tests and lawyerly contortions.
Don’t confuse due process with delay tactics
Everyone gets due process. No one gets to play for time while grieving families wait. When the defense claims new evidence is coming, the court should demand specifics: who ran the test, what labs, what chain of custody, and the toxicology worksheets. If the defense produces real, peer‑reviewable work, let it be heard. If the defense produces smoke and mirrors, the court should move forward and stop the game. Courts can and should use deadlines and sanctions to prevent tactical stalling.
The Sept. 11 status hearing is the pivot point. Either the defense will present something that meaningfully changes the picture, or it will be time to set a firm trial date and let a jury decide. Fans of Johnny Gaudreau and people who care about basic accountability deserve nothing less than a clear, prompt path to the truth. The system must protect defendants’ rights — and it must also deliver justice, not just paperwork and delay. If the defense has something new and convincing, show it now. If not, stop delaying and let the jury do its job.
