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Eckstein defamation case in jury's hands

Decision could come today

A decision on whether former Butler County Commissioner Jim Eckstein is guilty of defamation may come today.

The jury in his civil trial began deliberations this morning.

Closing arguments were made in county court Thursday.

While attorney Timothy Wojton, co-counsel for Eckstein, argued there was insufficient evidence to prove defamation, attorneys Al Lindsay and Doug Linn, representing the three plaintiffs, said just the opposite.

Eckstein is accused of spreading a rumor that former county Commissioner Dale Pinkerton gave county human resources director Lori Altman a 20 percent pay hike in exchange for her husband, state police Trooper Scott Altman, making an alleged drunken driving stop against Pinkerton go away.

Pinkerton and the Altmans are suing Eckstein in separate civil complaints that are being tried in court simultaneously.

Lindsay, who represents the Altmans, focused on how the rumor alleged by Eckstein was not true and that an investigation by the state attorney general's office into the matter does not validate any claims.

Lindsay told the jury that Eckstein used the investigation as his only bit of evidence, despite the state attorney general's office finding no evidence of wrongdoing.

“Since when did an investigation of a lie make it true?” Lindsay asked.

He also stated the attorney general's decision to investigate was only made because of the severity of the claim, not the validity of the claim.

“Had (the Altmans and Pinkerton) done this, had there been any validity to this goofy story ... they could have gone to jail,” Lindsay said.

Further, Lindsay said that Eckstein responded to the investigation with an “almost manic enthusiasm,” that set off “a spree where (Eckstein) had to tell everybody.”

According to Lindsay, Eckstein shared the information to ensure people knew the investigation was happening before everyone was cleared in an attempt to smear the plaintiffs.

Lindsay said the defense tried to claim everybody already knew of the investigation when Eckstein was talking about the allegations, but Lindsay questioned if there was malice behind that.

“Did (Eckstein) know it was false or was he reckless? How much malice do you have to have?”

Lindsay also referenced an alleged “hit list” that Eckstein kept, identifying the people he wanted out of county government.

Lindsay asked the jury for compensatory and punitive damages for the Altmans, but did not identify an amount.

Lori Altman worked for the past four years in a county office where everyone she works with has to wonder if she did this, Lindsay said.

“You don't think that's difficult for her?” Lindsay asked. “How much (money) would it take to deter (Eckstein) and others from doing this?” Lindsay asked the jury. “Am I asking you to send a message? Yes, I am.”

Linn, who represents Pinkerton, told the jury that neither his client nor the Altmans had a reason to lie.

On the other hand, Eckstein provided testimony that was evasive, hard to follow, contradictory or difficult to keep straight, Linn said.

“Does (Eckstein) have an interest in telling the truth?” Linn asked.

He then noted that there were no actual facts to support that a DUI even occurred, which Lindsay also referenced in his closing statement.

Linn said Eckstein's behavior clearly crossed a line.

“(Eckstein) put one and one together and came up with three,” Linn said.

Even after an internal state police investigation and the state attorney general's investigation showed no evidence of wrongdoing, Eckstein did not express any shame, remorse or compassion, Linn said.

Linn also did not provide a figure for monetary damages, but simply cited the stress and difficulty Pinkerton and his family have suffered.

During the defense's closing argument, Wojton said there was not much of a case against his client.

Wojton stressed the plaintiffs presented only three people for live testimony alleging his client claimed the rumor was true.

“In all of Butler County, three human beings alleged Jim Eckstein spoke about this contrivance,” Wojton said.

He said two witnesses, Itzi Meztli and Steve Hively, were Eckstein's most ardent detractors. Wojton argued those two witnesses could not possibly be impartial or credible.

“These two guys, Meztli and Hively, are two of the lowest people on the Butler County political totem pole,” Wojton said.

He pointed out Hively claimed Eckstein talked to him in December 2011 despite Eckstein's phone records not listing such a call.

Wojton recalled testimony indicating that Meztli and Hively discussed what they would say on the stand beforehand.

“I suggest they rehearsed testimony,” Wojton said.

Regarding the testimony of the third witness, Assistant District Attorney Ben Simon, Wojton said he could be wrong about what Eckstein said.

Wojton pointed to Simon recalling Eckstein saying two row officers being interviewed by the state attorney general's office when there was only one row officer.

The attorney said other witnesses, such as former county Controller Jack McMillin and former county Commissioner Joan Chew, testified they already heard the rumor before discussing it with Eckstein.

“Within county government, there's an ocean of rumors,” Wojton said.

According to Wojton, an audiotaped interview by a state police internal affairs investigator clearly indicated Eckstein did not accuse Scott Altman of any involvement in a cover-up nor that the rumor was fact.

Wojton accused the plaintiffs of targeting Eckstein because he opposed Lori Altman's pay hike and was Pinkerton's political enemy.

The attorney said if the goal of the lawsuits was to punish Eckstein, “they accomplished that. Jim Eckstein has been beaten pillar to post in this courtroom.”

Wojton then addressed possible damages to the plaintiffs.

He said any of Pinkerton's maladies attributed to stress could have happened anyway because there would be other factors causing that stress, not just any defamation.

According to Wojton, Pinkerton never lost membership in any civic organization and the careers of Lori and Scott Altman were not hurt.

Wojton said the plaintiffs' reputations already were damaged before Eckstein was involved in any discussion about the attorney general's office investigation.

“The case is about whether Jim Eckstein originated this and that's why you're here,” Wojton said.

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