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Wednesday, February 20, 2008
Secret Service Inspector admits destroying documents
A senior U.S. Secret Service inspector admitted today that she destroyed original evidence sought in a long-standing lawsuit alleging that the service routinely discriminates against African American agents.
The team of assistant U.S. attorneys representing the service told U.S. Magistrate Judge Deborah A. Robinson today that they did not know that the inspector had placed the documents in a “burn bag” for destruction just two days before she was scheduled to testify in the case.
Inspector Carrie Hunnicutt testified that she questioned more than 150 senior service officials under an order from Robinson about their search for all paper documents related to the promotion of black agents in a civil lawsuit filed in federal court eight years ago.
Nearly 60 African Americans allege in sworn statements that they were leapfrogged by white agents who scored lower on promotional exams and forced to endure the use of the word “nigger” on the job. They are seeking certification for a class-action lawsuit, but so far have not made it past the discovery stage.
Hunnicutt testified that she destroyed surveys from 50 high ranking officials; a statistical report; fax sheets and documents that showed who was contacted during the service’s search for paper documents in the case.
Hunnicutt said she placed the documents in a “burn bag” on Jan. 30, 2008, just two days before she was scheduled to testify about the the service’s efforts to comply with Robinson’s Dec. 21st court order to hunt for documents.
Robinson told the lawyers that she was “shocked” that a Secret Service agent would destroy documents. The Secret Service’s own counsel has ordered the agency’s employees to retain all documents relevant to the case.
Assistant U.S. Attorney Marina Utgoff Braswell told Robinson that she and the rest of the legal team did not learn about the extent of the destruction until Hunnicutt testified today.
“We are all learning for the first time what happened here,” Braswell said. Hunnicutt’s supervisor told the government lawyers on Tuesday that there were some “scraps of paper” that were destroyed but he did not elude to the destruction of the original surveys.
Braswell said her hands were tied to find out more information about the destroyed documents in advance of the hearing because of a court order forbidding Hunnicutt from talking to anyone about the case.
“We have certainly not been dilatory,” Braswell said.
The team of lawyers from Hogan & Hartson and Relman & Dane representing the plaintiffs in the lawsuit for free said the burning of the documents is an “outrageous act” and in defiance of the service’s own order to preserve all documents in the case.
“I am shocked and disappointed in the U.S. Secret Service and their inability to retain and produce evidence relevant to our claims,” said E. Desmond Hogan, a lawyer with Hogan & Hartson in Washington. “This is representative of a pattern of behavior in this case. It shows how they disrespect and mistreat the plaintiffs in the case.”
Under questioning by assistant U.S. attorney Michelle Johnson, Hunnicutt said she destroyed the documents because she wanted the most accurate ones to be sent to court.
Hunnicutt said she noticed that some of the surveys, about 50, were misnumbered in January. So she “transferred” the correct information to the newly numbered surveys.
But during the cross-examination, Hogan argued that by destroying the original documents, the court would have no way to independently verify her work as accurate.
Robinson had to intervene several times during the questioning to instruct Hunnicutt to answer Hogan’s question. Nearly every single objection was overruled by Robinson in favor of the plaintiffs.
