MOUNT VERNON — A local defamation suit and a legal challenge to the newly appointed Mount Vernon Police Chief will both be heard by out-of-county judges, according to recent court documents.
In order to prevent any perceived conflicts of interest, Knox County Common Pleas Court Judge Otho Eyster recently recused himself from a libel lawsuit filed by former Fredericktown mayoral candidate Mike Wagner, and from an appeal filed by Mount Vernon Police Cpl. Mark Perkins, challenging the city’s appointment of Police Chief Mike Merrilees.
Wagner filed his suit against several Knox County officials and media outlets Jan. 2, 2006.
The lawsuit names Craig Reed, Adam Taylor, Jeffrey Hall, Fredericktown Police Chief Jerry Day, KnoxPages/ECR Corp. and WMVO as defendants. WMVO is named twice, once as a ClearChannel-owned station and once as a BAS broadcasting-owned station.
The suit alleges slander, libel and defamation of character stemming from the coverage of two separate instances in which Wagner was accused of assault.
The first case came in 2003, when Wagner was charged with assault, resisting arrest and disorderly conduct for an incident involving Fredericktown Mayor Roger Reed, whom Wagner ran against in the Fredericktown mayor’s race.
It was alleged that on Election Night 2003, Wagner followed Reed to his home and pushed him against his vehicle. As part of a plea agreement, the disorderly conduct charge was dismissed and the other two charges were amended to persistent disorderly conduct.
The second case came in August 2005, when Hall, a reporter for KnoxPages.com, alleged that he was at a Coshocton Avenue restaurant when he was assaulted by Wagner, who allegedly made derogatory comments about KnoxPages and hit Hall with an open hand in the chest.
Wagner was charged with one count of first-degree misdemeanor assault but the case was later dismissed.
Perkins filed his appeal against the Mount Vernon Civil Service Commission on Nov. 21, 2006. Perkins’ appeal challenges the city’s decision to appoint Merrilees to the chief position instead of him.
The chief justice of the Ohio Supreme Court will now appoint a visiting judge to preside over the cases.