LINCOLN — Republican gubernatorial candidate Charles Herbster says he won’t attend his scheduled, sworn deposition Friday May 6, 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 filling 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.

The following statement can be attributed to Senator Julie Slama:

“I am appalled at Charles Herbster’s blatant disregard of Nebraska’s judicial process.  Charles Herbster sexually assaulted me and then sued me for telling the truth, but now he refuses to actually show up for his own deposition.  I look forward to holding Herbster accountable through the judicial process.

The following statement can be attributed to Dave Lopez, litigation counsel for Senator Julie Slama:

“Charles Herbster was served with a proper notice to appear at the Johnson County Courthouse for his deposition eleven days in advance. Notwithstanding this legal obligation, Herbster has confirmed he will not appear. Nebraska’s court rules for civil discovery provide for sanctions against parties who fail to appear at properly noticed depositions. The court filings made today by Herbster’s lawyers contain misstatements of fact or plain misapplications of law.  We have already responded and will make a more comprehensive response to these improper and inflammatory claims in due course and will continue to vigorously represent Senator Slama. Charles Herbster is not entitled to deprive Senator Slama of the counsel of her choice.”

This story was originally published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. It is part of the national nonprofit States Newsroom. Find more at nebraskaexaminer.com. Slama and Lopez’s statements were provided by a press release that was released on May 6, 2022.