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The controversial and controversial controversy is based on the contents of five cassettes of telephone conversations recorded within the South Bend Police Department and allegations that the tapes contain racist remarks by a group of agents about former police chief Darryl Boykins, black. According to court documents, copies of the recordings were made at the request of Boykins.
In 2012, Buttigieg, while he was entering his first mayor mandate, asked Boykins to resign because of the tapes case while federal and state authorities were investigating allegations that Boykins would have threatened his subordinates (these investigations ended without charge). After initially agreeing to resign, Boykins – who was the first African-American police chief in the city – canceled his resignation and pledged to fight her.
The fight that followed continued throughout the term of the Mayor of Buttigieg. He was criticized for his treatment of the case, including the demotion of Boykins and the dismissal of another police department employee. The city was sued for these actions, culminating in settlements for Boykins and others. These settlements, said the city, did not indicate that they had committed wrongdoing.
Now the legal battle continues for the release of the tapes themselves.
Judge Steven Hostetler of the St. Joseph County Superior Court ruled on Monday that the South Bend Common Council's legal attempts to obtain the city's gangs were well-founded and that a trial was necessary. He also stated that some recordings did not violate state law and were not prohibited, which meant that these recordings could soon be communicated to the city council.
Few have heard the recordings, but this may change as the case advances.
According to a Federal Court decision setting out the facts of the case, the cassettes case dates back to 2011, when, due to a crash in the telephone recording system of the South Police Department Bend, the police department's director of communications, Karen DePaepe, listened to some records to determine if a data loss had occurred.
Listening to some of the appeals, DePaepe heard the comment from Brian Young, the ministry's Investigations Division captain, that "she was found to be inappropriate," according to the 2015 Federal Court decision. also that Young's line was recorded without his knowledge because the agent who previously had his phone number had requested that the line be connected.
DePaepe then informed Boykins of the recordings and, according to the court, the police chief "decided to continue recording in order to gather more information before making a decision." Seven months later, according to court documents, Young had discovered that his line was registered and had asked for the registration to stop. nothing was done at that time. Two months later, Boykins asked DePaepe to "give him relevant recordings of Young's retort to keep them as evidence," according to the court. The communications officer then "made five audio cassettes for eight recordings that took place between February 4 and July 15, 2011."
Hostetler decided on Monday that records prior to the discovery of DePaepe were not covered by the Indiana Wiretap Act and were therefore not prohibited. This decision means that these bands can be distributed to City Council.
However, a pending question – the exact date on which DePaepe discovered the recordings – could determine which tapes to broadcast.
The recordings made after the discovery of DePaepe – and records made by her at the request of Boykins – "raise a more complicated question", leading the judge to make a partial judgment noting that no one has given "express consent" "- written or not. verbal consent – to record.
It remains to be seen whether the officers had recorded "implied consent" – consent determined by deeds or behavior – to be recorded, Hostetler wrote.
Hostetler wrote that another unresolved issue is whether the records violate the Federal Wiretap Act.
On May 1, the judge set a pre-trial conference. No trial date has been set.
At a public meeting Monday at CNN, Buttigieg said he had not heard the contents of the tapes, but he wants to know what concerns them as long as listening to them does not violate federal laws and national wiretapping.
"The reason I do not know (what's on the recordings) is that these recordings were made in a manner contrary to the federal law on wiretaps. It's a federal law that controls when you can and can not register people, "Buttigieg said. I said. "It's a law punishable by a term of imprisonment and so I'm not going to rape her, although I want to know what's on these bands like everyone else." "
The band deal cost the South Bend city more than $ 2 million, local media reported, including nearly $ 1 million worth of settlements with Boykins, DePaepe and the officers involved.
The case also raised questions – especially among African-American leaders of South Bend at the time, but more recently progressive activists – as to whether the mayor will fight with African voters. Americans, a key demographic group of the Democratic primary.
Buttigieg, interviewed by CNN about the case earlier this month, said he had pulled a series of lessons from the controversy. He said he was focused on making sure that South Bend complied with federal law – but said it was not what many people were excited about. in South Bend.
"For many people, it was not about the nuances of the Wiretap Act," he said. "It was to know if they could trust their police department."
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