COLUMBUS — A judge is allowing a trial to proceed against a former executive of a failed medical malpractice insurer. However, the judge has criticized the state's tactics in dealing with the defendant.

        Judge John Connor of Franklin County Common Pleas Court ruled Wednesday that former state Inspector General Richard Ward was unprofessional in dealing with former PIE Mutual Insurance chief executive Larry Rogers.

        PIE insured nearly one-third of Ohio's doctors when it failed three years ago. It owes more than $275 million in claims. The state declared PIE insolvent in 1998 and sued 12 former company officials, demanding the return of questionable bonuses and payments.

        Since then, the state has been liquidating PIE's assets to pay claims. That could take years.

        “The court would like to make it abundantly clear that it does not condone or approve the overzealous tactics employed by the Office of Inspector General,” Judge Connor wrote.

        But Judge Connor refused to throw out a statement Mr. Rogers made to Mr. Ward on Dec. 10, 1997, after being told he was not the target of an investigation.

        He ruled that Mr. Ward de ceived Mr. Rogers and two attorneys about the purpose of his interview, but added that Mr. Rogers was not “materially induced to make incriminating statements.”

        Mr. Rogers' attorney had said Mr. Rogers' constitutional rights were violated.

        If Judge Connor had thrown out Mr. Rogers' statement, it could have weakened the prosecutor's case.

        Mr. Rogers is charged with bribery, misleading state regulators and ethics violations in a criminal case pending since December 1998. The ruling clears the way for a trial late this year or early in 2001, court officials said.

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