A lawsuit against the Samanta Roy Institute of Science and Technology and related businesses is moving forward in Marathon County.

This defamation suit was filed by Shawano Mayor Lorna Marquardt in February of 2007. The Mayor says businesses and individuals related to Avraham Cohen defamed her.

In May, we told you about Cohen, also known as Samanta Roy and Rama Bahera and the Institute of Science and Technology.

As we showed you in our Secrets in Shawano series, the defendants are accused of publishing pamphlets and internet sites making fun of the mayor, calling her racist, and comparing her to Hitler and the Nazis.

Now the case has moved to Marathon County court because of a potential conflict of interest in Shawano.

A motions hearing was held in Marathon County court Thursday revolving around the depositions of people employed by the Samanta Roy Institute of Science and Technology, and Avraham Cohen himself.

Court records show S.I.S.T. and the other defendants in this case have changed attorneys 3 times. The Mayor's attorney, James Chereskin, says the changes have caused delays in the case, and the cancellation of several depositions. "On 3 prior occasions we scheduled depositions, properly noticed", said Chereskin. "And about a week before the depositions were to occur, the defendants terminated representation with their lawyers, thus there were no lawyers to go to the depositions and they had to be cancelled. Most recently we cancelled the depositions because of Attorney Eisenberg's illness."

In court Thursday, the defendants' attorney, Alan Eisenberg, made a motion that Abigail Theys, Naomi Issacson, and Linda Gray, employees of S.I.S.T., should not have to go to attorney Chereskin's office for the meetings, because he says they're afraid of him to the point of being visibly shaken. "They do not want to go to Mr. Chereskin's office", said Eisenberg. "For some reason Mr. Chereskin seems to take a hostile position on this."

Attorney Chereskin denied the claims he intimidated those to be deposed. "It's totally untrue. I've never actually met Linda Gray or Abigail Theys, two who have filed affidavits in this matter", he said. "They're personally attacking me now. I've never run into this in my entire professional career."

Attorney Chereskin agreed to hold future depositions at a neutral location. Attorney Eisenberg suggested the Shawano Best Western Hotel, where Mayor Marquardt was deposed during the course of this case.

However, Chereskin objected, because the Hotel, which was the focus of Part 3 of our 'Secrets in Shawano' series, is an S.I.S.T.-owned property. Eisenberg, however, said it would be a good location for the depositions. "Judge, the conference room at that hotel, it's just a hotel", he said. " It's not a religious institution, it's not a business office, it's just a hotel with a huge conference room."

Judge Greg Grau ruled future meetings should not be at the hotel, or attorney Chereskin's office, but another neutral location, that has yet to be determined.

Attorney Chereskin also filed a motion, requesting that Avraham Cohen be required to appear for his deposition in person in the City of Shawano. But attorney Eisenberg objected, saying Cohen's a resident of Baltimore, Maryland, and has no reason to come to Shawano. "If he lives in Shawano, I'd like to know where he lives in Shawano", said Eisenberg. "He has no residence in Shawano. As an officer of the court, I'm telling you I have no information he lives in Shawano. He is a part of a corporate structure that holds some property there, but he most certainly doesn't live there." Eisenberg later explained Cohen's role in more detail, saying, "He's an officer of S.I.S.T. I believe he's the chairman of the board. But he's almost never in Shawano. Never, ever. He has an office in India where he teaches at a University, but his primary residence is in Baltimore."

Judge Grau ruled that regardless of where Cohen lives, he is not required to appear in person for a deposition.

But attorney Chereskin says a deposition of Avraham Cohen will still take place, likely by phone. He says it's expected to be important to the case. "[Attorney Eisenberg] indicated Avraham Cohen is the Chairman of the Board of S.I.S.T.", he said. "Based on that representation of the businesses, he's the head guy, his deposition becomes extremely important.”

The first three depositions are scheduled for the end of September. A jury trial has been scheduled to begin in the case next August.