UPDATE: The suit cited in this story was dismissed by a District Court on Tuesday, Oct. 25, the St. Tammany Parish Sheriff's Office said Wednesday.
According to the sheriff's office, the court rejected all of the allegations made by Fred Oswald in the case.
“I will never stop fighting against those who wish to drag the St. Tammany Parish Sheriff’s Office back to the way things used to be,” Sheriff Smith added.
PRIOR STORY BELOW
The former chief deputy for St Tammany Parish Sheriff Randy Smith said he has proof Smith texted him to “please stop” pushing for an investigation into possible crimes committed by a fellow deputy in new filings in his whistleblower lawsuit.
New court filings allege Smith lied when he told former Chief Deputy Fred Oswald to stop pushing for a criminal probe in the case of Kenneth Szalajeski, a former deputy accused of stealing drugs during traffic stops and giving them to his girlfriend.
The sheriff’s attorney had tried to get the case thrown out arguing the initial petition was too vague.
In the amended petition, Oswald’s attorney says Smith texted Oswald July 14, 2017, “Please stop with the Szalajeski case. I have talked to Warren and we are done on our part.”
But Oswald said Montgomery’s Criminal Division leader told him the DA’s Office still had not received the entire internal affairs file on Szalajeski, despite asking for it multiple times.
Oswald’s original petition reads he was, “…terminated by defendant Smith in retaliation for his refusal to participate in defendant Smith's illegal activities."
While the original lawsuit failed to name the deputy in the case he was trying to turn over, the amended petition identified Szalajeski.
“I happened to be number two in charge and I felt that it was my duty and obligation to take the position that I took at that time because I had to sleep at night but there were other employees around me looking to me for guidance,” Oswald said in an interview about why he felt the need to speak up about the investigation that he felt was being swept under the rug.
According to Oswald, Sheriff Smith said he wanted the investigation handled internally because “the timing was bad” on turning it over to the DA.
The lawsuit says Oswald took the case to the DA's office himself, “Because of the stonewalling and the coverup and the refusal to give all the information to the DA’s office.”
The sheriff's office dragged its feet and turned over incomplete information in piecemeal form, according to complaint.
In July 2017, Oswald met with deputies tied to the investigation and told them to turn over the entire case file to the DA's office.
“30-40 minutes after they left is when [Sheriff Smith] summoned me in his office and said I need you to resign or retire,” Oswald said.
Court records show the DA indicted Szalejeski in October on 2 counts of malfeasance and two counts of marijuana distribution.
Smith told our partners at the New Orleans Advocate that Oswald was not terminated, that he resigned, and that the reason for his departure was unrelated to the Szalajeski investigation.
But Oswald tells a different story.
“I was fired,” he continued, “That's a lie.”
The sheriff's office has said they can't comment on pending litigation.
All the St Tammany Parish judges recused themselves from the case in a group vote, leading the La. Supreme Court to appoint Judge Ad-hoc Michael E. Kirby to preside over the case.
