A memorandum by defense attorneys for Clay Twp. police Chief John Van Gundy, Officer Anthony Scott and current or former township trustees said Silvers may seek to introduce two explicit photos and testimony about Van Gundy’s prior employment.
The two photos allegedly show unidentified male genitalia that Silvers claims were texted to her by Van Gundy before she was employed by the department.
“Such photographs are not relevant to the matters at issue,” attorney Dawn Frick wrote. “Additionally, the probative value of the photos is substantially outweighed by a danger of unfair prejudice, confusing the issues, and misleading the jury.”
The civil trial is currently scheduled for Nov. 7 in Judge Thomas Rose’s courtroom. A telephone conference is scheduled for Oct. 12 and responses to Frick’s motion are due Oct. 27.
Frick also wrote that Silvers testified that she no longer had the telephone that the photos were allegedly texted to or the computer on which she may have saved the photographs, “Thus, there are questions regarding the photographs authenticity.”
The photos allegedly texted to Silvers were during the four years in between two stints when Silvers was not employed by Clay Twp.
“Plaintiff seeks to introduce the photograph for no other purpose other than to attempt to embarrass” Van Gundy, Frick wrote, adding that Silvers “has not identified any documents or other evidence in her exhibits that would support a finding that the photographs at issue are nothing more than something she obtained off of the Internet.”
Frick also seeks to prohibit hearsay evidence Silvers claims about an incident involving Van Gundy when he worked for a different employer.
Silvers alleged in the suit that during her Oct. 2012 to Sept. 2013 stint as an auxiliary officer, she was in a sexually hostile work environment and was subjected to discrimination on the basis of gender.
“There is no professionalism there,” Silvers told this news organization in 2015. “They have the good ol’ buddy system there.”
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