By Dan Horn
The Cincinnati Enquirer

Cincinnati police and the family of Roger Owensby Jr. will have to wait a few more months for the trial that will determine whether officers are responsible for Owensby's in-custody death three years ago.

U.S. District Judge S. Arthur Spiegel postponed the trial, scheduled to begin Monday, so the city and some of the arresting officers could appeal an earlier decision in the case.

The judge told both sides to use the delay to talk about an out-of-court settlement that would make a trial unnecessary.

"Judge Spiegel has tried to get interest stirred up to settle the case," said James Helmer Jr., one of the lawyers for the Owensby family. "Obviously, we didn't get it settled, and it's not close."

One thing that might get talks rolling is a summary jury trial, in which both sides present evidence to a jury in a non-binding trial. Once the jury makes a decision, the lawyers would have a better idea of how they might fare at an actual trial and could then settle the case accordingly.

Spiegel floated the idea of a summary trial in a two-page decision postponing the trial Tuesday. He told the lawyers to let him know by Friday if they want to try it.

No matter what they decide, a binding trial is still at least a few months away. City lawyers could not be reached Tuesday, but Helmer said the appeals court likely would not act until August.

The city wants the U.S. 6th Circuit Court of Appeals to reverse Spiegel's ruling against the city last month. In his decision, the judge found Cincinnati and Golf Manor police behaved so egregiously when they arrested Owensby that a jury trial is not needed to prove they failed to provide medical help as he lay dying in a police cruiser.

The judge said a jury still would decide whether police used excessive force.

Owensby died in police custody shortly after his arrest on Nov. 7, 2000 in Roselawn. Police say Owensby attempted to run and was tackled by several officers. He was struck several times, forced to the ground and placed in handcuffs.

The coroner determined the 29-year-old Owensby died of asphyxiation.

E-mail dhorn@enquirer.com