Judge dismisses one allegation against Kentucky's governor

FRANKFORT, Ky. -- A judge dismissed one of the two remaining allegations against Gov. Paul Patton made by a woman who had a two-year affair with him.

Franklin County Circuit Judge Roger Crittenden ruled Tuesday that the governor did not defame Tina Conner when he initially denied her charge that he had a sexual relationship with her.

Conner's attorney, Fred Radolovich, said the denial plus other comments amounted to an accusation that Conner committed perjury, but Patton's lawyer argued that the denial was only a response to her lawsuit.

Crittenden ruled that Conner may continue to pursue a claim that Patton's conduct was outrageous. The ruling likely means that Patton will be questioned under oath by Conner's attorney.

In September, Conner made public her two-year affair with Patton. Conner said she benefited from Patton's influence during the affair, but was punished after she broke it off. Her claim of outrageous conduct includes an allegation that Patton turned state regulators loose on the nursing home she owned.

Patton first denied the affair, then made a tearful confession. He has denied her allegation that he retaliated against her by having regulators crack down on her nursing home.

Conner has since lost the nursing home, Birchtree Healthcare in Clinton, in bankruptcy proceedings.

Sheryl Snyder, Patton's lawyer, said he was encouraged that Crittenden said he will decide after more evidence is compiled whether to also dismiss Conner's claim of outrageous conduct.

Since the scandal became public, Patton and his wife, Judi, have made few public appearances together. A divorce between Conner and Seth Conner was finalized in August 2002.