BEATRICE - Sen. Julie Slama has accused former governor candidate Charles Herbster of sexual assault, while Herbster fired back with a defamation lawsuit. Tuesday’s hearing consisted of objections to certain articles of evidence, Herbster’s ability to be deposed, and limiting press coverage. Charles Herbster was not in attendance.

The hearing was broken into five motions, presided by District Judge Rick Schriner. Early on, Theodore Boecker, an attorney for Charles Herbster, issued into evidence a tweet sent out by Slama related to her accusation of Herbster’s assault as well as a few other documents. Counsel for Slama objected.

“Your honor, we object to those exhibits on the basis of relevance, hearsay, lack of authentication, incomplete/altered documents because of highlights and annotations,  which brings about a further authenticity issue,” Attorney Dave Lopez said. “We received no affidavit to anything related to those certain documents.”

Also discussed was Herbster’s ability to be deposed. He didn’t show early on in the case as his defense team claims he was too busy with the election. Slama’s defense team stated there was no rule in Nebraska allowing him to be excused. Herbster’s defense team asked for two days of deposition.

Arguably the days biggest point of conflict was that of press coverage of the case. Multiple press releases had been sent out by Slama and Herbster attorney Theodore Boecker said her claims of sexual assault defamed Herbster’s character. Therefore, he’s against press impact.

“I don’t think this case should be tried in the media,” Boecker said. “Counsel should not be sending out press releases to the press. I don’t think it’s appropriate to try this case in the press, because when you do so, an attorney potentially becomes a witness and that can lead to additional defamatory statements that can be made.”

Slama defense attorney Marnie Jensen responds.

“Every statement made by Sen. Slama is protected by rule 3.6 and was in response to a statement made by Mr. Hersbter.”

The day wrapped up by having opening briefs due by July 1st, and agreed on by July 15th.