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Retrial could be this year

Defamation case against former commissioner

The defamation case against former Butler County Commissioner Jim Eckstein, which ended last month in a mistrial, may turn out to have been a trial run. A retrial may be scheduled later this year.

Attorneys for the plaintiffs — former county Commissioner Dale Pinkerton, county human resources director Lori Altman and her husband, state police Trooper Scott Altman — have requested a retrial.

Attorney Al Lindsay, who represents the Altmans, filed their request Thursday. Attorney Doug Linn, who represents Pinkerton, previously filed a request on behalf of his client.

“We’re anxious to do it,” Linn said about trying the case again.

Lindsay agreed it’s appropriate to seek a trial.

“We’re moving forward,” he said.

But attorney Timothy Wojton, Eckstein’s co-counsel, questioned what would be gained with another trial.

“I’m surprised the plaintiffs have decided to retry the case,” Wojton said.

During trial testimony, the plaintiffs stated they only sought to recoup their reputations and legal costs.

Wojton said he believed none of the parties wanted to endure another trial.

“I don’t know what their motivation is,” he said about the plaintiffs and their counsel.

The next step in the process would be scheduling a pretrial conference. A new trial would then be ordered.

Tom Holman, deputy court administrator, said there is a slot tentatively reserved for a possible trial later this year.

But Holman said, “Nothing has been decided or ordered.”

Wojton said he hoped the plaintiffs reconsider before a new trial is set.

“The ball is totally in their court,” he said.

The first jury trial, which was the culmination of a four-year process, ran eight days.

Pinkerton in April 2012 sued Eckstein for defamation, intentional infliction of emotional distress and false light. In a separate lawsuit filed later that same month, the Altmans alleged defamation and false light.

Eckstein was accused of spreading a rumor that Pinkerton gave Lori Altman an extra 20 percent pay hike in 2011 in exchange for getting Pinkerton off the hook for a drunken driving pullover by state police. There was no evidence that Pinkerton was ever pulled over.

Both lawsuits were tried simultaneously in court.

The jury initially announced they had a verdict, which required at least 10 of 12 jurors finding in favor of the defendant or plaintiffs, finding Eckstein not liable on any of the civil counts.

However, once Lindsay asked for the jurors to be polled on their individual votes, the tally came up 7 to 5 in favor of Eckstein. Judge Kelley Streib subsequently declared a mistrial.

Christine Pflugh of Franklin Township, the jury foreman, said in an interview earlier this month that five jurors changed their overall stance by voting no during the roll call vote.

Pflugh insisted all 12 jurors decided there was no evidence of defamation. She said confusion occurred when the polling consolidated multiple votes on counts and plaintiffs into one vote.

Following Pflugh’s comments, none of the parties objected to an explanation of polling being included in jury instructions for future trials.

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