CLEVELAND — The high-profile legal battle between Congressman Max Miller and his ex-wife, Emily Moreno, continued Wednesday in a Cuyahoga County Domestic Relations courtroom.
The two have been going through a messy divorce involving allegations of abuse with the couple's 2-year-old daughter at the middle of the fight. Among the motions considered by the judge was one filed earlier this month by Moreno's attorney, Andrew Zashin, seeking a restraining order against Miller alleging the Congressman grabbed her following a proceeding last month.
The two sides reached an agreement that future depositions would be held at neutral sites and that neither Miller nor Moreno would be allowed to have any contact with opposing counsel outside of depositions or court proceedings. Both sides claimed victory, saying the other side gave in.
"They file these horrible motions against Mr. Miller, horrible motions and then when it comes time to put the meat up on the witness stand they collapse," said Larry Zukerman representing Miller. "He wouldn't take the witness stand because he knew I was going to cross examine him."
Zashin, for his part, said it was Miller who feared taking the stand.
"To the extent they claim victory, if by victory they mean Max avoids taking the stand, sure that's a victory, but he's running out of rope. At some point he's going to have to take the stand," Zashin said.
With the hearing delayed for more than an hour, all parties — Miller along with his parents, and Moreno joined by her father Sen. Bernie Moreno — shared the hall outside the courtroom.
In the time spent with them, all seemed civil. No words were exchanged that we witnessed, but Emily Moreno's attorney opened the proceedings telling the judge Miller approached Moreno.
"In a hallway Max approached Emily and said words that were upsetting to her, and for that reason we asked for a motion for oral contempt, which the judge wouldn't go forward on," Zashin said.
Attorneys for Miller asked those in the hall, including a News 5 photographer if they witnessed anything.
"We said 'Could we have your tape?' He said 'Subpoena it.' The tape will show Max didn't do anything," Zukerman said.
Miller told News 5 he will be happy to talk about the allegations as well as his race for re-election against Democrat Brian Poindexter, and the reaction he's getting from his constituents — but out in the district, not in court.
The senator issued strong statements against Miller earlier this month stating, "if there are any basic standards of character required to hold elected office, Max Miller fails them. He should not serve in the House of Representatives.”
RELATED: Sen. Bernie Moreno says Rep. Max Miller ‘should not serve’ in Congress over abuse allegations
When asked if he would be making any comments, the senator said that he's said all that he has needed to say.
The parties return to court next month.
