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Attorneys want judge to preclude evidence in upcoming civil trial

2 min read

Attorneys on both sides have filed motions asking a federal judge to preclude various evidence — including Facebook postings — in the upcoming civil trial over the firing of Fayette County’s Election Bureau director.

Laurie Lint sued the county and Commissioners Vincent A. Vicites and Vincent Zapotosky, both of whom voted to fire her in October 2009, claiming she was terminated because she switched from Democrat to Republican. Both Vicites and Zapotosky are Democrats, and the suit does not name Republican Commissioner Angela M. Zimmerlink, who did not support firing Lint.

The case is scheduled for trial in Pittsburgh on Oct. 31.

Attorney Marie M. Jones, who represents Vicites and Zapotosky field a motion to preclude Zimmerlink’s testimony. Lint’s attorneys have said they intend to introduce evidence that Zimmerlink was also discriminated against by Vicites and Zapotosky.

Zimmerlink has a separate, unrelated lawsuit against her Democrat colleagues in which she claims they cut her out of county business.

“Whether disputes existed between the members of the Fayette County board of commissioners arising out of their membership on the board of commissioners has no relevance to any of the elements of the plaintiff’s claim, and there is not admissible,” Jones wrote.

Lint’s attorney, John E. Black III asked that Jones be barred from using entries on Lint’s Facebook page where she was playing the game “Farmville.” He noted that the entries are from June and July 2010, after Lint was no longer working for the county.

Black said it was unfair to use that to show that Lint did not attempt to seek employment after her firing.

“These defendants have not identified any evidence or witnesses in their pre-trial statement that could establish any work was available to Lint, much less meet their burden that substantially equivalent work was available,” Black wrote.

U.S. District Judge Nora Barry Fischer will decide those matters before the trial.

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