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Sexual harassment lawsuit against Country Club Hills (more)
From excerpts of the ChicagoTribune.com:
Testimony from a forensic expert revealed that several Country Club Hills Fire Department computers had numerous web searches for pornography. This was brought to light during a recent court session where Andrew Garrett, the forensic specialist responsible for imaging the devices on January 26th, spoke about the findings. He was testifying in support of Dena Lewis-Bystrzycki, a firefighter who has filed a lawsuit against the department.
Garrett stated, "There are thousands of web searches for pornography. They seem to have wiped the hard drives and reinstalled them multiple times. I provided three specific dates when this was fully completed." However, he noted that the issue persisted even after the computers were reconnected, as the servers pushed down profiles containing traces of prior web activity and pornographic searches.
Lewis-Bystrzycki, a department member since 1998, claims she faced sexual harassment, hostile treatment, gender discrimination during promotion evaluations, retaliation for reporting misconduct, and frequent exposure to pornography at the station.
Following these allegations, on August 31st, 2016, a judge ruled that a forensic analysis of the department's computers was necessary, dismissing concerns that it might constitute a fishing expedition. The inspection finally took place nearly five months later, following a court sanction against the city for failing to comply with the initial order. As part of the penalty, Country Club Hills was required to cover the costs incurred by the forensic expert.
Before the results of the forensic examination were disclosed in court, the city’s legal team filed an urgent motion seeking a gag order to stop further media coverage. They argued that without such protection, their right to a fair trial would be compromised due to possible prejudicial public opinion influenced by the plaintiff's legal team.
The city’s lawyers did not respond to inquiries regarding their motion for the gag order or the accusations of evidence tampering and contempt of court raised by Dana Kurtz, Lewis-Bystrzycki’s attorney. Additionally, the city sought permission to review any irrelevant data found on the computers before sharing it with Kurtz and Lewis-Bystrzycki, fearing it could be exploited in a negative campaign against the fire department.
Kurtz countered with a rebuttal, asserting that there was no evidence to support the city's claims and urging the denial of the gag order request. She clarified that the media reports were based on publicly accessible court documents, not leaks from her side. Her response emphasized that the city should address its own actions instead of dwelling on unrelated issues.
Kurtz further accused the city of deliberately obstructing justice and destroying evidence. Despite these serious allegations, veteran Chicago trial attorney Dan Kirschner expressed doubt that authorities would investigate. His usual approach in similar cases is to alert the court and request sanctions, which can range from jury instructions to default judgments.
In her February 15th response to the city’s motion, Kurtz signaled her intention to pursue charges of spoliation and contempt once Garrett completes his report. A hearing on the city's protective order request is set for later this month.
Thanks Dan for your insights!