I-TEAM: Uncovering old files in Denmark water lawsuit
DENMARK, S.C. (WRDW/WAGT) - Six years later, those who just want clean water in Denmark may finally have a fighting chance in court after boxes of evidence from 60 court cases across the state of South Carolina end up on the dining room floor of a home in Denmark.
This comes after the South Carolina Law Enforcement Division opened an investigation into the attorney named on the client files, South Carolina Representative Marvin Pendarvis.
The lawmaker represented the citizens of Denmark in a class action lawsuit filed against the town after I-TEAM uncovered the use of a non-EPA-approved chemical in Denmark’s drinking water.
Six years after our investigation and the class action lawsuit was filed, the evidence in the case mysteriously shows up at the post office along with dozens of other missing case files from across South Carolina.
Eugene Smith is nearly 80 years old, but he still re the words of his Cherokee grandmother.
“If you love this land and you take care of it, it will take care of you. If you don’t take care of this land it won’t take care of you,” Smith said. “It’s the same thing happening right now, 3000 people in Denmark drinking water and people acting like they don’t even care.”
“In 2009 I got sick. Imagine you got that inside your body or fixing formula for a baby at night,” he said.
From labeled glass jars of water to binders of reports, articles and photos, Eugene and his partner Paula have documented the I don’t cares in Denmark for more than a decade.
“That’s where the sewage and the sewage still going through that into the ditch,” said Smith.
I-TEAM’s Liz Owens: “You are still buying water to drink, clean, and bathe with?”
Eugene: “Yes.”
Liz: “Why?”
Eugene: “Because the water isn’t good.”
Liz: “Even all these years later?”
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Six years ago, the I-TEAM uncovered the state of South Carolina allowing Denmark to treat the town’s drinking water with a non-epa approved chemical.
Eugene: “Me and Paula sat down last week and said we got to get Liz back here to help us.”
Our investigation made national headlines and led to the citizens of Denmark filing a class action lawsuit.
Eugene: “Liz I got about 20 people in the health thing in there that done died.”
Inside of piled-up boxes on their dining room floor are medical files, financial records and test results belonging to hundreds of residents in Denmark.
Liz: “When do you get this?”
Paula: “Fourth month. He mailed them to us we had to go to the post office and get all the boxes, you see all the evidence?”
The name on the boxes: South Carolina lawmaker Marvin Pendarvis, their attorney.
The I-TEAM found Pendarvis mailed the boxes a week after another client filed a lawsuit against him, alleging he forged their signature and agreed to a settlement amount without their knowledge.
SLED opened an investigation into the lawmaker and a month later the state suspended Pendarvises’ law license.
Liz: “Are these guys people from Denmark?”
Eugene: “I don’t know.”
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As we went through the boxes, we discovered case files from all over South Carolina.
Liz: “As I am going through the boxes, I say have you guys seen this? I don’t think this has anything to do with the class action lawsuit.”
Lawsuits in Orangeburg, Aiken and Charleston counties. Nearly 50 Charleston County public defender cases, 19 of which are currently pending.
We called Deborah Mckeown. She is the director of the council which oversees lawyer conduct under the South Carolina Supreme Court.
Deborah: “It is my understanding you’ve come into possession of the client files.”
Liz: “Yes, very bizarre situation.”
Deborah: “We need the client files. Now did you leave the files with the couple?”
Liz: “No no they wanted them out of the house.”
According to the Supreme Court order from May, the files are supposed to go to Peyre Lumpkin.
Deborah: “Part of Peyre’s job is finding out how many current cases the attorney has and getting in touch with those clients.”
The suspended lawyer says he accidentally mailed his case files to Eugene and Paula.
Liz: “There is a whole separate box that had a bunch of public defender cases.”
Pendarvis: “Oh stuff that wasn’t supposed to be in there? Oh wow if you could make sure that gets back to me, that inadvertently got put in there.”
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The I-TEAM did not send Pendarvis the missing cases.
Instead, we hand-delivered the files to the attorney appointed by the state supreme court to take over Pendarvis’ cases.
Close to 60 cases, faces waiting for justice.
Deborah: “Now the couple that you spoke to is actually a current client I’m not sure if we even knew about this couple before we talked to you.”
Eugene: “That’s why I am fighting in my heart, hard for clean water for the people of Denmark because I know how they feel.”
The Browns tell us that since we notified the state of South Carolina, an attorney has ed them and is working with them.
In the meantime, representative Pendarves is still under investigation by SLED. He is not allowed to practice law until he’s cleared of wrongdoing.
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