Sexual harassment lawsuit against Country Club Hills (more)

Excerpts from the ChicagoTribune.com: A forensic expert testified that thousands of web searches for pornography were found on four computers used by the Country Club Hills Fire Department, according to court records. The testimony came as part of a legal case involving Dena Lewis-Bystrzycki, a female firefighter who filed a lawsuit against the department. Andrew Garrett, the expert who conducted the digital imaging on January 26, revealed during his testimony that the devices contained extensive evidence of pornographic activity. “There are thousands of web searches for pornography — it’s all over the place,” he said in court transcripts. Garrett also noted that the hard drives had been wiped and reloaded, and he provided three dates when this was completed. However, once the computers were connected back to the network, the servers pushed down previous user profiles, including history of pornographic searches. Lewis-Bystrzycki, who has been with the department since 1998, claims she faced sexual harassment, gender discrimination, and retaliation for reporting misconduct. She also alleged that firefighters regularly watched pornography at the station. In August 2016, a judge approved a forensic examination of the computers after determining it wasn’t an unreasonable search. The process was delayed for nearly five months until Judge Lynn Egan sanctioned the city for non-compliance. The city was ordered to pay for the forensic work as part of the penalties. Before the results of the imaging were made public, the city's lawyers filed an emergency motion for a gag order, arguing it was necessary to protect the defendants' right to a fair trial. They claimed that the plaintiff might try to influence the jury pool, potentially harming their chances of a fair verdict. The city cited past reports, including a 2015 FOX 32 story and a recent watchdog article, as reasons for their request. However, the city did not respond to requests for comment on the motion or allegations that they destroyed evidence and violated court orders. In response, attorney Dana Kurtz denied any leaks to the media, stating that news outlets were simply reporting on publicly available court documents. She argued that the city should focus on its own conduct rather than trying to suppress information. Kurtz also accused the city of intentionally destroying evidence and committing spoliation, pointing out that they had already faced multiple sanctions and a default judgment in the case. Despite the serious nature of these allegations, local attorney Dan Kirschner said it’s unlikely the case will be investigated by law enforcement. He suggested that the proper course of action is to bring the issue to the court and seek sanctions, such as jury instructions or striking pleadings. Kurtz indicated she plans to file motions related to spoliation and contempt once the final report is released. A hearing on the city’s protective order motion is scheduled for late next month.

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