Old files discovered in Danish water trial

DENMARK, SC (WRDW/WAGT) – Six years later, those who simply want clean water in Denmark may finally have a chance to fight back in court.

Boxes of evidence from 60 court cases across the state of South Carolina sit on the dining room floor of a home in Denmark.

This comes after the South Carolina Division of Law Enforcement opened an investigation into the attorney named in the clients’ files, South Carolina Rep. Marvin Penderarvous.

The lawmaker represented citizens of Denmark in a class action lawsuit filed against the city after I-TEAM discovered the use of a non-EPA approved chemical in Denmark’s drinking water.

Six years after our investigation and the filing of the class action lawsuit, evidence from the case mysteriously reappears at the post office along with dozens of other missing files across South Carolina.

Eugene Smith is almost 80 years old, but he still remembers 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 it, it won’t take care of you,” Smith said. “It’s the same thing right now, 3,000 people in Denmark are drinking water and people are acting like they don’t care.”

“In 2009, I got sick. Imagine having that in your body or making 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 been documenting the “I don’t care” in Denmark for over a decade.

“That’s where the sewage and the wastewater that’s still going through there dumps into the ditch,” Smith said.

I-TEAM’s Liz Owens: “Do you still buy water for drinking, cleaning and bathing?”

Eugene: “Yes.”

Liz: “Why?”

Eugene: “Because the water is not good.”

Liz: “Even all these years later?”

MORE INFORMATION FROM TEAM I:

Six years ago, the I-TEAM discovered that the state of South Carolina was allowing Denmark to treat the city’s drinking water with a chemical not approved by the EPA.

Eugene: “Paula and I sat down last week and said we needed to get Liz back here to help us.”

Our investigation made national headlines and led Danish citizens to file a class action lawsuit.

Eugene: “Liz, I have about 20 people who have died in the health service.”

Inside boxes stacked on their dining room floor are medical records, financial records and test results belonging to hundreds of residents of Denmark.

Liz: “When are you getting this?”

Paula: “Month four. 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 legislator Marvin Pendarvis, their attorney.

The investigation team found that Pendarvis sent the boxes a week after another customer filed a lawsuit against him, alleging he forged their signature and accepted 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 from Denmark?”

Eugene: “I don’t know.”

Citadel Road was flooded just off the Allendale-Fairfax Expressway.

As we looked through the boxes, we discovered files from all over South Carolina.

Liz: “As I go through the boxes, I ask them: have you seen this? I don’t think it has anything to do with the class action.”

Prosecutions 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 board that oversees the conduct of attorneys at the South Carolina Supreme Court.

Deborah: “I understand you have come into possession of the client files.”

Liz: “Yes, a very strange situation.”

Deborah: “We need the client files. Did you leave the files with the couple?”

Liz: “No, no, they wanted them to leave the house.”

According to the Supreme Court’s order issued in May, the files are supposed to be forwarded to Peyre Lumpkin.

Deborah: “Part of Peyre’s job is to determine how many open cases the lawyer has and to contact those clients.”

Suspended lawyer says he accidentally sent his files to Eugene and Paula.

Liz: “There’s a whole separate box that has a bunch of public defender files in it.”

Pendarvis: “Oh, stuff that wasn’t supposed to be there? Oh, wow, if you could make sure I get it, it just got there by accident.”

MORE INVESTIGATIONS FROM THE NEWS TEAM:

The I-TEAM team did not send the missing files to Pendarvis.

Instead, we hand-delivered the files to the attorney appointed by the state Supreme Court to handle Pendarvis’ cases.

Nearly 60 cases, faces awaiting justice.

Deborah: “The couple you spoke to are actually current clients. I don’t know if we knew this couple before we spoke to you.”

Eugene: “That’s why I’m fighting so hard for the Danes to have access to clean water, because I know how they feel.”

The Browns tell us that since we notified the State of South Carolina, an attorney has contacted them and is working with them.

In the meantime, Rep. Pendarves remains under investigation by SLED. He is not allowed to practice law until he is cleared of any wrongdoing.