Published: April 08, 2009 12:01 am      

Judge orders stay in rock suit

Ashland — A federal judge has ordered that a civil lawsuit filed by the state of Kentucky about the removal of a historic boulder from the Ohio River be placed on hold until after the criminal cases against two of the defendants are resolved.

In a ruling handed down on Monday, Senior U.S. District Henry R. Wilhoit Jr. granted motions by the attorneys for Steven R. Shaffer and David G. Vetter to stay the claims against their clients.

Wilhoit also ordered that the case be held in abeyance “in its entirety” until after the resolution of the criminal cases.

Shaffer, an Ironton historian, and Vetter, of Portsmouth, both were named in a civil lawsuit filed in February by Kentucky Attorney General Jack Conway’s office seeking the return of an 8-ton boulder known as Indian Head Rock, which was floated from the bottom of the river near South Shore by a dive team in 2007, was pulled out of the water by a crane and is currently being stored in the Portsmouth City Garage.

Shaffer and Vetter also were indicted last year by a Greenup County jury on charges of illegally removing an object of antiquity, a Class D felony.

In separately filed motions, attorneys Michael Curtis and Paul Craft, who represent Shaffer and Vetter, respectively, argued that requiring their clients to respond to the state’s complaint would, in effect, require them to surrender their rights under the Fifth Amendment to the U.S. Constitution with regard to the criminal matter, since the lawsuit is based on the same allegations as the criminal case.

In his ruling, Wilhoit wrote that he was ordering the case held in abeyance to avoid “piecemeal discovery.”

Wilhoit also ordered that all parties in the lawsuit file a joint status report within 10 days of the final order in the criminal matter.

In addition to Shaffer and Vetter, Kentucky’s lawsuit names as defendants the city of Portsmouth and its former mayor, Greg Bauer, who was recalled by voters in 2004. The city and Bauer both have filed responses to the suit in which they denied any wrongdoing.

The lawsuit seeks the return of the rock to the commonwealth, along with monetary damages in excess of $75,000.

Shaffer’s criminal trial is scheduled for Aug. 3 in Greenup Circuit Court. A pre-trial conference in the case is scheduled for Thursday.

Indian Head Rock was once an attraction for local residents, who would walk out into the river and etch their names on it during periods when the water levels were low. However, the boulder had remained mostly submerged since the installation of the lock system on the river.

The rock, which was registered with the University of Kentucky as a historical object in 1987, bears the initials of some of Portsmouth’s earliest settlers, along with a crude carving that resembles a face.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.