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Lawsuit against sheriff's office claims evidence wasn't properly handled

By Glenn Counts, wsoctv.com
By Glenn Counts, wsoctv.com

YORK COUNTY, S.C. — A former employee at the York County Sheriff’s Office filed a lawsuit against the agency.

The accuser said that when she tried to speak out about inappropriate behavior, she was forced to resign or she was told she would be fired.

Crystal Kissel, a former forensic DNA technical leader at York County’s lab, accused the Sheriff’s Office of wiretapping, sloppy evidence handling and altering case files.

The lawsuit claims Kissel was asked to avoid sealing evidence properly and accept evidence that was not properly sealed.

Kissel was against handling evidence that way.

The suit goes on to say Kissel felt the information in a criminal case file was being improperly altered by the Sheriff’s Office.

She said that violated federal law and would deny people charged with drug crimes a right to a fair trial.

The lawsuit also mentions a department that was embroiled in a sex scandal last year.

[York County deputies disciplined, fired for having sex while on duty]

Two deputies were fired and others were demoted for having sex on the job.

Kissel claims her supervisor was suspended in that scandal.

She also accused him of making her uncomfortable, stating in one case the supervisor said that, "No one can go a week without sex. Do you agree?”

She said she felt offended, but when she reported it, no investigative or corrective action was taken.

Kissel also claims that she was a target of ridicule, including inappropriate references to her gender.

The suit said she resigned last year to avoid being fired after the sheriff accused her of violating federal health security rules.

That was information she said he gained by eavesdropping on her private telephone conversations by tapping her phone.

Justin Bamberg, who is an attorney and not involved in this case, said standing up to any department can be hazardous to a career.

"When officers do stand up and say, ‘Hey, this isn't going to happen. This is not good. It's not the right thing to do,’ they are risking their livelihood," Bamberg said.

On Wednesday, the York County Sheriff's Office released the following statement:

The Plaintiff resigned from her position as the DNA Technical Leader for the Sheriff’s Office on October 25, 2017. She then filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). On June 29, 2018, the EEOC issued a no-cause determination and stated, “Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes.”

This lawsuit followed the EEOC's determination. The Sheriff's Office was served with this suit on October 1, 2018 and attorneys for the Sheriff's Office are currently in the process of drafting a response to the allegations contained in the lawsuit. The Sheriff's Office looks forward to vigorously defending against these allegations in the appropriate forum.

The Sheriff’s Office can offer no further comment at this time, except to unequivocally state that the Plaintiff was not subjected to any form of unlawful discrimination during her employment with the Sheriff’s Office.

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