Charles Herbster will skip Friday deposition in counter-lawsuit filed by State Sen. Julie Slama

Sworn statement was part of counter-lawsuit filed by female state senator

LINCOLN, Neb. (NEBRASKA EXAMINER) — Republican gubernatorial candidate Charles Herbster says he won’t attend his scheduled, sworn deposition Friday in the sexual battery counter-lawsuit filed by State Sen. Julie Slama.

Herbster, a Falls City businessman, sued Slama April 22 for defamation of character, saying Slama’s claims that Herbster had sexually groped her were false and part of a conspiracy to hurt his candidacy.

Slama, 25, responded by filing a counter-lawsuit April 25 alleging sexual battery, and Slama’s legal team scheduled a sworn deposition of Herbster for May 6.

In a court filing Thursday, Herbster’s attorney, Theodore Boecker, asked that the deposition be postponed, contending it was customary for plaintiffs and defendants to agree on a time to provide such sworn, pre-trial testimony. Plus, Boecker said, the candidate scheduled campaign appearances in western Nebraska on Friday.

One of Slama’s lawyers, Dave Lopez, argued Thursday that Herbster and his legal team had known about the deposition for 11 days and didn’t respond until now. He said Herbster, not Slama, started these legal proceedings by filing a lawsuit against her “during the heat of a political campaign.”

Nebraska court rules allow financial sanctions against someone who is properly notified of a deposition and fails to appear, Lopez said.

Boecker contended in the court filing that Lopez has a conflict of interest in serving as Slama’s attorney because he formerly was employed in representing Herbster.

Lopez said neither he nor his law firm, Husch Blackwell, has ever represented Herbster.

Also Thursday, Herbster filed a motion to quash or dismiss the counter-lawsuit from Slama, maintaining he has not done what Slama alleged.

The sworn deposition is important, some legal observers said, because it would require Herbster to respond to allegations under oath. Herbster, in his court filing Thursday, said such sworn testimony would allow him to pursue his claims that he was the victim of a political conspiracy.

The judge set a June 3 hearing in the case.

Nebraska Examiner political reporter Aaron Sanderford contributed to this report.