Jail official's attorney seeks court costs in harassment case

The attorney who represented Fayette County Detention Center Maj. Michael Korb, who was at the center of a sexual harassment trial in March that resulted in his accuser, a jail subordinate, being awarded $60,000 by a jury, is requesting reimbursement of nearly $2,000 for costs leading up to the trial.

The reimbursement would go to the city of Lexington, which paid for Korb's defense, said Susan Straub, spokeswoman for Lexington Mayor Jim Gray.

Charlotte Trotter, a corporal at the jail, sued the Lexington-Fayette Urban County Government, former detention center director Ron Bishop and Korb in November 2009, saying she was sexually harassed by Korb and was retaliated against after she reported the harassment. A Fayette Circuit Court jury, in a split verdict, agreed that Trotter was sexually harassed but did not find that she was the victim of retaliation and did not find that evidence proved Korb touched Trotter's breast without her consent in October 2009.

Attorney Barbara Kriz, who represented Korb at the trial, submitted the bill, filing it with the court, at the end of April. The bill lists deposition costs/fees of $1,835.65 and sheriff's fees for serving subpoenas of $120.

The bill states that Korb is "the prevailing party on all allegations asserted against him individually per the trial verdict and judgment."

Trotter's attorney, Shane Sidebottom, filed an objection to the bill May 3.

"Having done a lot of these types of cases, this is the first time I've had to deal with this issue," he said Wednesday. "It's a unique situation."

Sidebottom, in the objection, said: "Given that defendant Korb's conduct and actions were found by a jury to validate plaintiff Trotter's lead claim, the argument that defendant Korb is a 'prevailing party' lacks merit."

Sidebottom, in the document, also questions the itemized costs.

The bill is expected to be one of the issues discussed in a hearing on the case Friday. Also expected to be discussed and possibly ruled on by Circuit Judge James Ishmael are a motion by the defense to set aside the verdict and judgment in the case or grant a new trial, and Sidebottom's attorney fees, which he said come to more than $203,000.

Bishop was dismissed from the case during the trial.

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