Attorneys in the defamation case against former Butler County Commissioner Jim Eckstein won’t be seeing a list of potential jurors ahead of time.

Presiding Judge Kelley Streib ruled Thursday that the attorneys’ only opportunity to scrutinize the jury pool for the pending retrial is during jury selection, which is set to begin Sept. 12.

Streib said setting such a precedent as providing a jury pool list early would be problematic.

“It could create a chilling effect,” she said.

Streib stressed the importance of protecting juries and the jury selection process.

Streib pointed out the same jury pool would be used to select juries in two other cases.

Attorney Doug Linn, who is representing one plaintiff, former county Commissioner Dale Pinkerton, requested the jury pool list at an Aug. 15 hearing.

Linn then argued access to the list should be granted, so problems such as the April 29 mistrial ending the first go-around could be avoided.

Streib declared a mistrial after the jury seemingly changed its vote from the time a verdict was reached to when the jurors were polled for their individual votes.

To reach a verdict in a civil case, at least 10 out of 12 jurors must be in agreement. When the first trial’s jury was polled, they voted 7 to 5 in favor of Eckstein.

Following the mistrial, jury foreman Christine Pflugh said the polling result was skewed due to confusion among the jurors.

To reach a verdict in this case, the jury voted on multiple counts for three plaintiffs. During polling, their stances were consolidated into one vote.

Linn blamed Pflugh for issues with the jury due to her being related to someone who was politically sympathetic to Eckstein, who was the lone Democrat on the previous board.

Streib on Thursday asked Linn how he became aware of the supposed partisanship.

Linn said former county Commissioner Bill McCarrier and the Dillon, McCandless, King, Coulter & Graham law firm told him.

Defense attorney Timothy Wojton said he was unaware of any possible partisanship on Pflugh’s part after she called the office of co-counsel Larry Rodgers to talk about the mistrial.

“The topic never came up,” he said.

Eckstein is accused of lying about alleged corruption in county government.

He is blamed for spreading a rumor that Pinkerton gave county human resources director Lori Altman an extra 20 percent pay hike in exchange for being let off the hook for a drunken driving pullover.

Altman’s husband is Butler state Trooper Scott Altman. Pinkerton and the Altmans filed separate lawsuits that are being tried simultaneously in court.

Investigations by the state attorney general’s office and state police found no evidence of wrongdoing.

Streib ruled Gary Tallent, a state attorney general investigator, could testify if his superiors permit him to do so.

During the first trial, Eckstein refuted contents of Tallent’s report concerning the rumor.

However, Streib stressed to the plaintiffs’ attorneys that the court needs to know whether he would be testifying before the trial.

“We’re not spending a lot of time on this,” she said.

Attorney Al Lindsay, who is representing the Altmans, said Tallent still does not know if his superiors will allow him to appear.

“He wants to testify,” Lindsay said. “It’s a matter of if he’s allowed to.”

Streib also permitted the use of Tallent’s report, but said Linn would have to be careful in how he presents the information.

“It has to be done properly,” she said.

Streib said Linn must limit himself to asking questions.

“You are stuck with that answer,” she told Linn.

During the trial, Linn and Lindsay repeatedly asked Eckstein the same questions. Streib instructed Eckstein multiple times to not stray from the topic at hand.

Streib also advised Linn to obtain a deposition from former Center Township Supervisor Beverly Schenck, who may be too ill to testify at the trial.

“She was extremely ill at the last trial,” Streib said.

The judge said she would excuse Schenck from appearing if she would be too sick to come to the retrial.

Streib said they would not go day by day waiting to know whether Scheck would testify as happened with the first trial.

The judge denied the defense’s motion for the case to be dismissed because the plaintiffs allegedly missed a filing deadline seeking a retrial and used the wrong documents.

When the defense asked Streib to elaborate on the specific legal reason for the denial, she declined.

She said a change in venue, which was discussed at the Aug. 15 hearing, also would not be appropriate.

“The citizens of Butler County are entitled the opportunity to fulfill their duty,” Streib said.

She also denied the defense’s motion to bar video footage of county commissioner meetings during Eckstein’s tenure.

Streib granted the defense’s motion for the plaintiffs not referencing Equal Employment Opportunity Commission complaints filed by county employees against Eckstein while he was commissioner.

However, she did reserve the right to allow their mention if something comes up during the course of the trial making them relevant.

Streib also granted the defense’s motion for Eckstein’s attorney fees not being broached, but reserved the right to change that decision during the trial pending the testimony.

She granted Linn’s motion for the defense to not characterize his notifying the plaintiffs about the rumor as him instigating the lawsuits.

Linn’s motion for special jury instructions stating the mistrial was due to that jury, not the plaintiffs or defense, was granted.