Retrial could be this year
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 — 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.
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.
Pinkerton and the Altmans in April 2012 sued Eckstein for defamation alleging he spread a rumor that Pinkerton gave Lori Altman a 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.
The first jury trial ran eight days. 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 the jurors were polled on their individual votes, the tally came up 7 to 5 in favor of Eckstein, and Judge Kelley Streib declared a mistrial.
