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Excerpts from the Chicago Tribune:
According to testimony from a forensic expert, thousands of web searches for pornography were discovered 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 analyst who conducted the imaging on January 26, testified that the devices contained extensive evidence of pornographic activity. He stated that the hard drives had been wiped and reloaded, and he provided three specific dates when this was completed. However, once the computers were reconnected to the network, the servers automatically restored previous user profiles, which included records of past searches for explicit content.
Lewis-Bystrzycki, who has been with the department since 1998, claims she faced sexual harassment, gender discrimination, and retaliation after reporting misconduct. She also alleges that firefighters regularly watched pornography at the station.
In August 2016, a judge ruled that a computer search of the department wasn’t a fishing expedition and ordered a forensic examination. The process took nearly five months, and the city was eventually sanctioned for not complying with the court order. As part of the sanctions, Country Club Hills was required to pay for the forensic expert’s time and expenses.
After a watchdog website reported on the sanctions, the city’s lawyers filed an emergency motion for a protective order, seeking to limit media access to the information. They argued that the case could be compromised if the public learned too much before the trial.
The city claimed that the plaintiff might attempt to influence the jury pool, potentially causing irreparable harm. They referenced past reports and recent blog posts as justification for their request.
However, Dena Kurtz, Lewis-Bystrzycki’s attorney, denied any wrongdoing and pointed out that the media was only reporting on publicly available court documents. She criticized the city for its conduct in the case, including failure to respond to the complaint and multiple motions to compel.
Kurtz also accused the city of intentionally destroying evidence and violating court orders. Despite these serious allegations, legal experts like Dan Kirschner believe it's unlikely the matter will lead to a criminal investigation. Instead, he suggests that the appropriate course of action is to bring the issue to the court and seek sanctions.
Kurtz plans to file additional motions related to spoliation and contempt once the final forensic report is released. A hearing on the city’s protective order request is scheduled for late next month.
Thanks, Dan.