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Judge declares mistrial in Eckstein case

After four years of legal wrangling, culminating in an eight-day trial, both sides in the defamation case against former Butler County Commissioner Jim Eckstein are back to square one.

That is because a mistrial was declared Friday in the case.

Jury members on Friday claimed they had a verdict, which requires at least 10 of the 12 jurors to come to a consensus.

However, only seven jurors found in favor of Eckstein while the remaining five sided with the plaintiffs: former county Commissioner Dale Pinkerton, county human resources director Lori Altman and her husband, state police Trooper Scott Altman.

Judge Kelley Streib reminded the jury she previously told them that at least 10 jurors had to be in agreement to reach a verdict.

“There was not agreement,” Streib said. “I have no choice but to render a mistrial.”

The jury began deliberations after 10 a.m. Friday. They announced their verdict about 3:30 p.m.

Pinkerton wasn’t satisfied by the result.

“I’m disappointed,” he said.

Eckstein was accused of spreading a rumor that Pinkerton brokered a deal to give Lori Altman an extra 20 percent pay hike in exchange for not being charged with a drunken driving stop.

Pinkerton’s attorney, Doug Linn, said he would talk to his client, but the matter isn’t resolved.

“We’re going to do this again,” Linn said.

Al Lindsay, who represents the Altmans, agreed: “I assume we’ll go forward.”

Timothy Wojton, Eckstein’s attorney, acknowledged there would be more to come.

“It’s not over,” Wojton said.

All three attorneys agreed the lack of a verdict was disappointing. Lindsay cited the extensive time and effort that went into building a case.

But Lindsay expressed appreciation for the jurors who found in favor of the plaintiffs.

“It was apparently very close,” he said about the split vote.

Pinkerton and the Altmans filed two separate lawsuits in April 2012, but they were tried simultaneously.

Eckstein was accused of committing defamation and placing the plaintiffs in a false light. He also was accused of intentionally inflicting emotional stress on Pinkerton.

The plaintiffs were seeking damages, but did not specify a monetary amount.

During the trial, which started April 20, the plaintiffs offered witnesses who said Eckstein portrayed the rumor as fact.

Assistant District Attorney Ben Simon testified last week that Eckstein relayed the allegations to him during an elevator ride in the county government center.

Also offered as evidence was a report from a state attorney general’s office special agent stating the same thing as Simon.

Other testimony depicted Eckstein as having a grudge with Pinkerton.

Linn also presented evidence that the stress of the rumor’s proliferation caused Pinkerton health issues.

Lindsay showed the rumor also caused stress for the Altmans.

For the defense, witnesses testified they first heard the rumor from people other than Eckstein.

Former county Controller Jack McMillin and former county Commissioner Joan Chew both testified on Eckstein’s behalf.

The defense also mounted an argument that Eckstein rambles to the point where other people are not sure what he is saying.

Testimony ended Wednesday. Closing arguments were made Thursday.

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