The city of Fort Worth used the wrong procedure when trying to enforce an $850,000 settlement with a former crime lab scientist, a state appeals court in Dallas ruled Wednesday.
The ruling by Texas’ Fifth Court of Appeals sends the case back to the trial court, where the city could either follow the correct procedure to enforce settlement, reach a new settlement agreement, or take the case to trial.
“The city attorney’s office is reviewing the opinion and considering all available options. The city is still willing to abide by the terms of the settlement reached between the parties,” a city spokesperson said in an email to the Star-Telegram.
Trisa Crutcher sued the city in 2020 for retaliation after she filed a 174-page complaint alleging policy violations at the crime lab that she said had the potential to affect criminal cases.
A report from the Texas Commission on Forensic Science released in July 2021 confirmed that lab policy wasn’t followed, but stopped short of finding the violations rose to the level of misconduct.
The report also noted Crutcher was fired in April 2021, citing a letter from the Tarrant County District Attorney’s Office stating she couldn’t testify at criminal trials.
The commission report made several recommendations for ways to improve the crime lab.
The lab faced increased scrutiny in October 2024 after an investigation by KXAS Channel 5 revealed the city had a backlog of 969 unprocessed rape kits.
After years of litigation, Crutcher and the city agreed to a mediated deal in February 2024, however she later disputed it, alleging she had been misled during negotiations, and that the parties had never reached a final agreement, according to court documents.
The city filed a motion to enforce the agreement, which a trial court judge granted.
However, the appeals court ruled that Crutcher’s dispute of the deal required a more formal legal process to enforce the settlement.
While the appeals court ruling doesn’t mandate a jury trial, Crutcher’s attorney Stephen Kennedy indicated that’s where he expects things will end up.
“The fact that the city retaliated against her for reporting those concerns is going to be highlighted, and the question of whether or not she should get her job back will finally be decided,” Kennedy said in a phone call with the Star-Telegram.
He didn’t rule out reaching a different settlement with the city, but emphasized any settlement must include Crutcher getting her job back.
The trial court will also have to address what to do about the $850,000 from the original agreement.
The Fort Worth City Council voted unanimously without discussion to approve the funds at its April 9, 2024, meeting. The city deposited the money into an account overseen by the trial court in June 2024.
A little more than $450,000 was paid out to Crutcher’s former attorney Chris Medlenka with the rest going to a trust account overseen by Kennedy on Crutcher’s behalf, according to court documents.
Medlenka did not respond to a phone call and email from the Star-Telegram requesting comment.
All that money could have to be paid back, which Kennedy said will involve some complicated legal wrangling.
“I can honestly say I’ve never seen that before, and I’ve been practicing law since 1988,” he said.