Friday, June 23, 2000

Butler Co. auditor agrees to mediation

By Steve Kemme
The Cincinnati Enquirer

        UNION TOWNSHIP — A judge allowed Butler County Auditor Kay Rogers to avoid a trial Thursday on a telephone harassment complaint filed by her former husband.

        Instead of facing trial in Butler County Area III Court, Ms. Rogers and her former husband, Gary M. Rogers, will enter mediation. If there are no more incidents and the two work out their differences by Dec. 22, the charge will be dismissed.

        “Basically, this is a family situation that needs to be resolved,” said Dave Davidson, Ms. Rogers' attorney. “Hopefully, the parties will work out their differences.”

        Mr. Rogers, of Middletown, accused his former wife of repeatedly calling him on his cell phone after he asked her to stop. Ms. Rogers, of Union Township, was arrested April 17 and charged with telephone harassment, a misdemeanor.

        The charge carries a maximum penalty of 180 days in jail and a $1,000 fine.

        After a brief meeting Thursday morning with both sides, Visiting Judge Larry Moore agreed to suspend the trial and allow Ms. Rogers and Mr. Rogers to work with a mediator.

        Ms. Rogers had requested mediation. Special Prosecutor Steve Tolbert said that after consulting with Mr. Rogers, he supported the request.

        “He indicated he would be willing to do that,” Mr. Tolbert said. “He thought that would be a reasonable solution to this problem.”

        Ms. Rogers and her former husband are battling each other in at least two civil lawsuits. One involves a video store the couple had operated together and another involves insurance policies in the names of their children.

        Both sides will appear at a Dec. 22 hearing in Area III Court.

        “If things break down between now and then, we'll put it back on trial,” Mr. Tolbert said.


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