Excerpts from the ChicagoTribune.com:
According to testimony from a forensic expert, thousands of web searches for pornography were found on four computers used by the Country Club Hills Fire Department. The findings came to light during a legal case involving Dena Lewis-Bystrzycki, a female firefighter who filed a lawsuit against the department.
Andrew Garrett, the forensic expert who conducted the imaging on January 26, testified that the devices contained extensive evidence of pornographic activity. “There are thousands of web searches for pornography. It’s all over the board,†he stated in court transcripts. Garrett also mentioned that the hard drives had been wiped and reloaded, providing three specific dates when this occurred. However, after the computers were reconnected, the servers restored previous profiles, including records of the 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 further alleges that firefighters regularly watched pornography at the station.
In August 2016, a judge approved a motion to conduct a forensic examination of the department's computers, ruling it was not a fishing expedition. The examination took nearly five months to occur, and only after Judge Lynn Egan sanctioned the city for failing to comply with the court order. As part of the sanctions, the city was ordered to cover the costs of the forensic work.
Before the results of the imaging were made public, the city’s lawyers filed an emergency motion for a protective order, aiming to limit media access to the information. They argued that without the order, there could be a risk of prejudicing the trial and harming their right to a fair process.
The city cited past behavior by the plaintiff’s counsel, referencing a 2015 FOX 32 report and a recent article from a watchdog website. They claimed the plaintiff might attempt to influence the jury pool, causing irreparable harm.
Despite these claims, the city did not respond to requests for comment on the gag order or allegations of evidence destruction and contempt of court. They also asked the judge to review the data before sharing it with the plaintiff, fearing it could be used to damage the department's reputation.
Kurtz, the plaintiff's attorney, responded by denying the city’s claims, stating that the media was simply reporting on publicly available court documents. She urged the court to focus on the city’s own misconduct, which led to multiple sanctions, motions to compel, and a default judgment.
Kurtz also accused the city of intentionally destroying evidence, a serious allegation that could lead to further legal action. While some legal experts believe the case may not be investigated by authorities, Kurtz indicated she plans to file spoliation and contempt motions once the final forensic report is released.
A hearing on the city’s protective order request is scheduled for late next month.
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