SOUTH BEND —
A thickening cloud of rumors, claims and accusations has hung over city police and Mayor Pete Buttigieg's office since he announced two months ago that the FBI was investigating the police department's recording practices.Buttigieg said the federal probe found police violated the Federal Wiretap Act while taping phone conversations inside the department. He subsequently demoted former Chief Darryl Boykins and fired Karen DePaepe, the department's longtime communications director.
Buttigieg even said David Capp, the U.S. attorney for the Northern District of Indiana, had told him and officials in his administration that Boykins and DePaepe would face felony charges if the mayor didn't make personnel changes in the police department.
Boykins and DePaepe maintained all along that they had done nothing illegal, and their attorneys dismissed the mayor's explanation.
Buttigieg has said on several occasions that he wished federal authorities would shed more light on the situation for the public's benefit. On Thursday, Capp did that in the form of letters to acting City Attorney Aladean DeRose and attorneys representing Boykins and DePaepe.
Capp summarized the investigation's timeline and findings, and confirmed he doesn't plan to file charges against anyone in the case. He didn't mention if Buttigieg's personnel changes were a factor in
that decision.
"We have carefully reviewed this matter and the existing case law and
have discussed in detail with career experts in this area at the
Department of Justice. It is our opinion that no federal prosecution
is warranted," Capp wrote. "Our investigation into the past practice
and conduct of the SBPD in recording police phone lines is concluded
and closed."
According to the letter, the U.S. attorney's office received
complaints in January that phone conversations in the police
department were being listened to and recorded unbeknown to the people
speaking on those lines.
Capp's office then asked the FBI to look into whether police had
violated the Wiretap Act.
The investigation found South Bend police had recorded certain phone
lines and radio communications for many years, though there was no
written document that specified exactly which phone lines were being
recorded. The traditional practice was for the chief to give the
communications director verbal instructions.
In addition to 911 calls and police radio traffic, the department
recorded phone lines at the front desk, the chief's office, internal
affairs, the detective bureau and most division chiefs' desks.
The problem arose about two years ago, according to the letter, after
a change in leadership in the detective bureau.
Instead of recording the bureau chief's line, the system was recording
a detective's line. That was a mistake, according to the letter, but
the recording continued after the mistake was discovered. Ultimately,
particular conversations from that line were copied onto five cassette
tapes.
The letter to DeRose was slightly different from the letter to
Boykins' and DePaepe's attorneys. It noted the U.S. attorney's office
was primarily concerned with making sure the police department's
practices comply with federal law.
"It is our understanding that the practice in question here has
terminated and that the SBPD is now preparing formal policies in the
area of recording police lines so as to be in full compliance with the
Wiretap Act," Capp wrote. He added that cassette tapes containing the
recordings in question are being returned to the mayor's office.
Boykins, through his attorney, and DePaepe both said Thursday night
that they felt vindicated. Neither of them believed they had done
anything wrong, but it was still a relief to see the U.S. attorney's
letter.
"It's always a relief to know they've completed their investigation
and there are no grounds to pursue any charges," said Tom Dixon, an
attorney representing Boykins.
DePaepe was emotional.
"It just makes me happy because this has been hard on my family," she
said. "All I wanted was my name cleared. I didn't wiretap anyone,
neither did the chief."
DePaepe said she and her attorney, Scott Duerring, are still planning
to file a lawsuit against the city for wrongful termination.
Buttigieg said in a statement that Capp's letter confirmed there were
issues that needed to be corrected with the police department's
recording practices.
"As I've shared previously, the authorities found problems and we took
action to solve them and minimize the risk of prosecution," the mayor
said.
"Clearly, the U.S. attorney used his discretion in this case," he
continued. "Still, if you make mistakes serious enough to bring on a
federal investigation into your department, you cannot keep a
leadership post in this administration."
Staff writer Kevin Allen:
kallen@sbtinfo.com
574-235-6244