Will she, or won't she reappear?

Attorneys for U.S. Rep. Jean Schmidt and complainant James P. Urling sparred for more than two hours today over procedural issues before the Ohio Elections Commission.

The main issue: Did Schmidt make false statements on government documents and Web sites about having a second bachelor's degree? Also, did she misstate endorsements on her Web page and in campaign literature from two congressman and the Family Research Council?

Urling's Cincinnati lawyer, Christopher Finney, objected to her lawyer's introduction of 68 pages of sworn testimony by Schmidt during a one hour 25 minute deposition taken last Thursday at Squires, Sanders & Dempsey law offices, 312 Walnut St.

Finney argued that Attorney William Todd promised to resume the deposition after Schmidt left for another appointment. The lawyers never agreed on a date to complete taking her sworn testimony, however. "It is not a complete deposition and we vigorously object,'' Finney said.

Today, Todd quashed subpoena's for Columbus appearances by Schmidt and her husband, Peter, who Finney called to testify in person. Todd said that as long as Congress is in session, and Schmidt is in Washington (and Peter out of the country) neither can appear. "If Mrs. Schmidt doesn't want to be here today, that is entirely in her right,'' Finney said. Todd "could have brought his client to the hearing today. He chose not to do it.''

Todd offered to postpone today's hearing. "If you want to do it when Congress is in session, I can't promise (Schmidt) will be here,'' he said.

Todd said that any continuation of a deposition "would simply be for harassment purposes...I would ask the (elections) commission for a protective order.''

That led to Todd and Finney being peppered with legal questions from Elections Commission Chairwoman Catherine Cunningham. Cunningham wanted to know exactly what led up to Schmidt's deposition and why it was never completed. "He's reading from a deposition we're not allowed to use,'' Todd said, referring to Finney quoting from a document that was not yet entered as evidence.

And Todd entered as evidence a certified copy of Schmidt's undergraduate transcripts from the University of Cincinnati and a provisional Ohio teacher's certificate. Todd said Schmidt had 135 credit hours for her bachelor's degree in political science in 1974 and another 122 credit hours from 1981-1989 in social studies/secondary education. "Those were indeed minor errors,'' Todd said of misstatements that were corrected as soon as they were identified. "They are trivial in the context of her qualifications.''

At one point, Todd asked to go off the record, sat down at a conference table, and put his hands on his face. As he choked back tears, someone handed him a box of tissues. It was later revealed Todd's father recently died, and that events leading up to the deposition were complicated by personal matters.

Finney revealed personal issues of his own, telling a reporter he has high blood pressure, and blamed it on this case. But he told Cunningham that he'd agree to continue the hearing, with an unfinished Schmidt deposition, because voters need all the facts before Tuesday's primary election.

Commission member Martin O. Parks added that it appears Finney covered all relevant questions in Schmidt's deposition, and that she couldn't recall other details.

The commission then took a short recess for pizza, delivered to its Columbus offices.