Defamation trial gets under way
The battle lines were drawn Wednesday in the defamation case against former Butler County Commissioner Jim Eckstein.
On the plaintiffs’ side is former county Commissioner Dale Pinkerton, who is suing Eckstein for defamation, intentional infliction of emotional distress and being placed in false light in one lawsuit.
Two other plaintiffs — county human resources director Lori Altman and her husband, state Trooper Scott Altman — make the same allegations in their civil complaint.
Both lawsuits, which were filed in 2012, are being tried simultaneously.
Attorney Doug Linn, who represents Pinkerton, said during opening arguments the evidence will show Eckstein had an agenda to make Pinkerton look bad.
“There was almost a vile hatred of Mr. Pinkerton,” Linn said.
Linn said Eckstein jumped on the chance to spread a rumor that Pinkerton traded an employee pay hike in exchange for being let off the hook for a drunken driving pullover.
Lori Altman received an extra 20 percent pay hike in 2011. Pinkerton denies there was a DUI stop or a cover-up.
The attorney general’s office and state police found no evidence of any wrongdoing in separate investigations.
Linn showed the jury video footage of a county commissioners meeting from 2012 in which Eckstein launches a verbal assault against Pinkerton.
The video shows Eckstein accusing Pinkerton of suing him out of vindictiveness.
“He’s raping my family of their college tuition for retribution,” Eckstein said at that meeting.
Eckstein referenced the preceding years as the reason. During Pinkerton’s first stint in office between 2008 and 2011, Eckstein regularly spoke during public comment at commissioner meetings, frequently criticizing Pinkerton.
“He described Mr. Pinkerton in the most vile and objectionable terms,” Linn said.
Linn stressed Pinkerton did not sue during those years.
Eckstein began his single term in 2012, serving on the same board with Pinkerton.
Linn said the DUI rumor stems from a 2009 hospital visit from Pinkerton following a fainting spell.
According to Linn, the rumor took its toll on Pinkerton, who is civic-minded and previously enjoyed life. Linn said Pinkerton would walk into a gathering where people would lower their voices and subsequently realize he was the topic.
Health issues also arose for Pinkerton.
Attorney Al Lindsay, who represents the Altmans, said his clients also suffered as a result of the rumor’s proliferation.
“It was a total fabrication,” Lindsay said.
He compared the rumor to a snake.
“The evil serpent that slithered along Butler County was the brainchild of Jim Eckstein,” Lindsay said. “He took great pride in what he created.”
Lindsay said Eckstein didn’t care the Altmans would be victims of his grudge against Pinkerton.
“The Altmans to Eckstein are simply roadkill,” Lindsay said.
Attorney Timothy Wojton, who represents Eckstein, agreed the rumor was false, but defended his client’s participation in any discussion on the topic.
Wojton said Eckstein was the subject of public scorn, being falsely accused of these allegations and other claims.
According to Wojton, Eckstein has quirky personality traits and an aggressive manner at times.
Wojton said everyone has quirky traits and all politicians are aggressive.
“Jim Eckstein had a very off-the-wall idea that he could make a difference in local politics,” Wojton said.
Wojton stressed Eckstein promised his constituents he would be a watchdog.
“Sometimes, a watchdog barks,” Wojton said. “Sometimes, a watchdog raises hell and sometimes, Jim Eckstein did just that.”
Wojton said nurses were overheard claiming Pinkerton was at the hospital in 2009 “to be dried out.”
According to Wojton, that story was subsequently spread around.
“The rumor was rampant,” he said.
Years later, Lori Altman receives the pay raise. Wojton said Eckstein was told about the new rumor that there was a connection between an alleged DUI stop and the pay increase.
“He did not initiate the rumor,” Wojton said. “Politics is a rough and tumble job.”
Two witnesses were called to testify Wednesday: Steve Hively of Cranberry Township and Itzi Meztli of Slippery Rock.
Both men, regular attendees for county government activities, were one-time campaign supporters and advisers to Eckstein.
Both testified they later became disenchanted with his activity, and parted ways with the Eckstein camp. Eventually, each man testified, he called for Eckstein to be reprimanded.
“There was an ongoing, escalating pattern of erratic behavior,” said Hively.
And Meztli called it “embarrassing” to be known publicly as a campaign supporter for a man who was behaving so unprofessionally in office.
However — still communicating with Eckstein in December 2011 — Hively testified that it was the then commissioner-elect who told him the story about Pinkerton and the fictitious DUI.
Although Hively said he found the story “incredible” he still took steps to look into the story further, including contacting Meztli.
Eventually both men said they spoke to Eckstein about the story, and Eckstein alleged it was not a rumor, but fact that he’d received from a reliable witness at the hospital.
Hively alleged that during his discussion with Eckstein, that Eckstein told him he had a “hit list” of county officials that he wanted to see out of county government. Pinkerton, Hively said, topped the list that also included former Chief County Clerk Bill O’Donnell, former solicitor Julie Graham, and former controller Jack McMillin. In a later conversation, Hively said Eckstein also added county treasurer Diane Marburger to the list.
Hively testified that the “hit list” conversation coupled with a later talk in which Eckstein alleged Pinkerton would “go down” at a particular public meeting, caused him enough concern that he contacted then-board chairman Bill McCarrier about increasing security at the commissioners’ public meetings.
The defense, in questioning the two men, tried to hint that their testimony was shaded by their fallout from the Eckstein political camp and a disdain that followed.
Both men denied that claim, and said they were telling the truth. “I would never lie for him or against him,” Hively said.
Both lawsuits are seeking an unspecified monetary amount in excess of $35,000, which is the threshold to avoid arbitration.
Eckstein previously refused settlement offers.
The trial resumed today.
