Attorneys for two former Butler County commissioners argued in court Monday in a warmup for a September retrial of a defamation case.

The lawyers representing former commissioners Jim Eckstein, the defendant, and Dale Pinkerton, one of three plaintiffs, wrangled over what evidence should be allowed, early access to a list of potential jurors and whether the case should be heard in another county.

Pinkerton is one of three plaintiffs suing Eckstein for defamation and being placed in a false light.

Attorney Doug Linn, who is representing Pinkerton, said the list of people in the jury pool for the retrial should be provided ahead of time.

“I should have the right (to see the list),” Linn said.

He argued a more thorough scrutiny of potential jurors would prevent a repeat of the problems that caused the April 29 mistrial.

Linn said the jury foreman for the original trial, Christine Pflugh of Franklin Township, is the daughter of a Democrat who is sympathetic to Eckstein, who was the minority commissioner on the prior board.

According to Linn, her bias was evident when she contacted the defense attorneys after the mistrial was declared — an occurrence he never heard of happening before in his 37 years of practicing law.

But Attorney Timothy Wojton said providing the jury pool list before jury selection begins Sept. 12 would set a bad precedent.

“It looks to me like Mr. Linn wants to conduct his own litmus test,” Wojton said.

That debate paved the way for Wojton to state the retrial should be heard in another county if potential jurors could be so problematic.

Presiding Judge Kelley Streib questioned why Wojton was only broaching that topic now.

“We are weeks from jury selection and trial,” Streib said.

Wojton stressed the need for a fair trial.

“In the interest of justice, not convenience,” he said.

Streib reiterated concerns about Wojton’s timing, but he explained he did not know for sure whether Linn was going to insist on poring through the jury pool list.

However, the judge said Wojton should have assumed Linn wouldn’t drop his request.

“No attorney would assume a motion won’t be argued,” Streib said.

She instructed Wojton to file a motion seeking a change in venue by the end of the week.

Wojton’s son, a fellow defense attorney also named Timothy Wojton, mentioned the case should be dismissed due to a missed deadline for a filing seeking a retrial.

But Streib said since a motion to that effect did not appear to be filed, she could not consider it.

Eckstein is accused of spreading a rumor that Pinkerton gave county human resources director Lori Altman an extra 20 percent pay hike in 2011 in exchange for getting out of a drunken driving pullover. Altman’s husband is state Trooper Scott Altman.

The Altmans are suing Eckstein in a separate lawsuit that is being tried simultaneously.

Only Pinkerton is suing Eckstein for intentional infliction of emotional distress.

The attorneys spent most of the hearing debating whether evidence should be represented.

The defense argued that video footage of previous county commissioner meetings and photographs of Eckstein’s former political signs disparaging Pinkerton should not be allowed in court.

Attorney Al Lindsay, who is representing the Altmans, said the footage shows Eckstein’s negative attitude toward Pinkerton while they both were in office.

“He does not come off looking quirky,” Lindsay said. “He comes off looking malicious.”

The younger Wojton argued being malicious does not constitute the legal definition of actual malice required for defamation.

He explained Eckstein would have had to spread the rumor knowing it was false, so the footage of him acting agitated would “confuse” the jury.

The defense also argued that Gary Tallent, a state attorney general investigator, should not be called to the stand.

Streib said she required written notification from the state that Tallent would be permitted to testify before ruling whether he could.

She recalled the plaintiff’s uncertainty during the first trial as to whether Tallent would testify.

Tallent previously interviewed Eckstein about a state investigation into the rumor.

The younger Wojton said Tallent’s summary of that interview also should be barred since it is not a transcription.

“That makes it even more tricky,” Wojton said.

Lindsay argued it was premature for Streib to consider whether the document was admissible.

Linn also wanted the defense to not characterize his notifying the plaintiffs about the rumor as him pushing for the lawsuits.

“Somehow, this is my idea,” he said.

Linn said interviewing some of the plaintiffs’ witnesses at a private setting was fact-finding to determine if there were grounds for a lawsuit.

The elder Wojton said that fact is simply part of the case’s narrative.

“It was presented the way it happened,” he said.

Streib said she would render decisions on all sides’ motions at a future hearing.