Lawyer asks that motion to compel be denied in one lawsuit accusing former HCPD detective of misconduct

Lawyer asks that motion to compel be denied in one lawsuit accusing former HCPD detective of misconduct

CONWAY, SC (WMBF) – The attorney representing the Horry County Police Department and the county itself stated the parties have provided requested emails to counsel representing one of the women who has accused of former detective of misconduct.

The explanation was part of the defendants' response to the plaintiff's motion to compel in the lawsuit filed by a woman identified simply as "Jane Doe 3." Defense counsel requested the motion be "denied as moot."

According to the response filed Aug. 9 by attorney Samuel Arthur III, counsel turned over a CD on June 29 that contained several hundred responsive emails retrieved from the account of Horry County employee Thomas DelPercio that referenced former detective Troy Allen Large within the body or subject line from Dec. 1, 2013 through Dec. 31, 2015.

The plaintiffs had also requested similar emails from other former Horry County employees, including former police chief Saundra Rhodes.

Those requests could not be completed for three of the ex-employees because, according to the defense's response, their email account is made inactive so the license can be assigned to replacement employee. That results in the mailbox and its contents being deleted from "O365 storage in the cloud."

"Horry County is of the opinion and belief that the only way emails from a former employer's email account can be recovered from O365 is if a 'hold' was placed on the email account prior to the act of inactivation, in which case the email account would remain active and/or all emails stored in said account would be copied and saved elsewhere prior to inactivation of the account," according to court documents.

The response goes on to say that holds were not placed on the accounts for the former employees, including Large.

A request was also made for all emails from Rhodes, whose records were retained, that referenced Large. According to the court documents, "the search returned no responsive documents."

Jane Doe 3 is one of several women who filed lawsuits accusing Large of sexual assault and trying to get them to participate in nude "catfights" on video.

Three lawsuits were settled earlier this year.

The case of Jane Doe 3, as well as Jane Doe 4, won't come before a jury until 2018.

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