South Bend Police Tapes ordered to be destroyed after 14-year case

SOUTH BEND, Ind. -- A decision has been reached in the South Bend Police Tapes trial. St. Joseph County Superior Court Judge Jamie Woods gave his conclusion to the court battle that began in 2012, ordering the controversial tapes be destroyed.

In his conclusion, he stated he believes the recordings violate both the Indiana and Federal Wiretap Acts. He stated the tapes were obtained unlawfully and must be suppressed or destroyed and prohibited from future disclosure.

ABC57 has been in the courtroom throughout the December bench trial and March closing arguments. Thursday, ABC57's Annie Kate spoke on the phone with lawyers on both sides of this case.

"We're obviously very pleased with the decision. This is what we have been saying for 14 years now," said Daniel Pfeifer, who represents the intervenors in this case. "If they decide to appeal it, you know, it's been 14 years that I've been involved in this case, and I will continue to be involved in this case."

Matthew Anderson, representing the South Bend Common Council, declined to comment Thursday.

In 2012, the South Bend Common Council subpoenaed tapes of recorded conversations at the South Bend Police Department, believing they contained possible racist or illegal language and that they led to the improper ousting of then-Police Chief Darryl Boykins.

Some police officers, called the intervenors, blocked that subpoena, saying the creation of the tapes violated state and federal wiretap acts. The judge sided with the intervenors.

At-large Common Councilmember, Dr. Oliver Davis, told ABC57 he was "disgusted" when he learned the ruling.

"Today is a sad day for South Bend. Today, the judge's ruling is really something that is very disconcerting," he said. "How were they not aware [they were being recorded] when they were using public phones? And taxpayer phones, at that."

This is not the last word on the case. Judge Woods ruled the tapes must be preserved until all appeals processes are exhausted.

On Thursday, Davis, who called for the original subpoena in 2012, now said he's calling for an appeal from the common council on this ruling.

"It needs to be appealed, because this is not right," Davis said.

ABC57 will continue covering the outcome of this long-standing case.

You can read the full court order below: