LISBON Judge allows evidence in militia leader's suit

Don Vos hadn't wanted a statement to attorneys to be used as evidence against him.
By NORMAN LEIGH
VINDICATOR SALEM BUREAU
LISBON -- A judge is refusing to ban evidence in a $32 million civil suit filed against Washingtonville officials by an unorganized-militia leader.
Judge David Tobin of Columbiana County Common Pleas Court recently dismissed an objection filed by Don Vos of 190 Washington St., Washingtonville.
Vos, leader of the county's unorganized militia, sought in November to suppress as evidence a deposition he gave to defense attorneys.
Vos, who has been representing himself in the lawsuit, said in a court document that he should have had an attorney present at the deposition. Because he did not, the court should not allow the deposition to be used as evidence in the case, Vos argued.
He added that he has tried to get several attorneys to defend him, but none is willing to take the case. Vos also said in a court document that he cannot afford to hire an attorney.
Inquiries made during the deposition included those about the militia "and other questions that are not an issue to the civil action," Vos said.
Judge Tobin overruled Vos' motion to disallow the deposition as evidence. Vos responded with another motion objecting to the judge's decision.
Vos argued that he is constitutionally entitled to an attorney.
Judge Tobin dismissed Vos' objection Friday.
The judge noted that the case is civil not criminal, making Vos ineligible for a court-appointed attorney.
The case
Vos sued village officials in September for denying his bid to become a member of village government.
He asked village council in fall 2001 to be appointed to the mayor's position, which was being vacated by then-Mayor Charles Morrow, who was resigning. Council refused Vos' request.
He then asked council to appoint him to one of three vacant seats on the panel, but he was not appointed.
In his lawsuit, Vos accused village officials of conspiring to defame him and keep him from being named to one of the government positions.
Washingtonville officials responded in November by countersuing Vos.
The countersuit seeks $100,000 in damages and attorney fees. It also asks that Vos' suit be dismissed.
In the countersuit, the village argues that Vos' lawsuit is frivolous.
Vos filed the lawsuit to defame village officials, the countersuit contends.