Akron woman awarded $17,000

for ex-husband's wiretapping

By Susan E. Warner

A federal jury has awarded an Akron woman $17,000 in damages because her former husband tapped her phone for more than a year during a child-custody fight..

Judith A. Fluharty and her husband, Larry O., also of Akron, were divorced in May 1978 and he was granted custody of their sons, aged 4 and 6.

During her testimony in the custody case, Mrs. Fluharty denied having a

telephone conversation in which she admitted a homosexual interest. But when told of the existence of tapes, she admitted having the conversation, and Summit County Common Pleas Judge Richard Zurz granted Fluharty custody. The tapes were never used as evidence. Mrs. Fluharty lost two appeals of the custody ruling.

In February, Mrs. Fluharty sued her ex-husband in U.S. District Court, where she challenged the wiretap as a violation of federal law and an invasion of

privacy. U.S. District Judge Leroy J. Contie Jr. upheld her claim and the jury on Tuesday awarded her damages and $3,500 lawyer's fees.

In addition, two of Mrs. Fluharty's friends and her lawyer, John L. Wolfe, were awarded $1,000 compensatory damages, and the friends got $300 lawyer's fees because they had been taped without their consent.

In both trials, Fluharty admitted on the stand that he had bugged the phone for more than a year, without his wife's knowledge, while the divorce was pending.

At Wolfe's request the U.S. Justice Department filed a friend-of-court brief in the case, stating that interspousal wiretapping is illegal.

Jerry Montgomery, Fluharty's lawyer, said yesterday he will appeal the damage award. He said interspousal immunity would prohibit awarding such civil damages, although he said he agrees that the wiretap was a criminal violation.