South Bend wiretapping case will move to a bench trial - Fox 28: South Bend, Elkhart IN News, Weather, Sports

South Bend wiretapping case will move to a bench trial

Posted:
SOUTH BEND -

The case to determine whether the City of South Bend can release wiretap recordings of high-ranking police officers is headed to a bench trial.

Friday was the deadline set by federal judge Joseph Van Bokkelen for the city and the Common Council to submit a joint statement of facts in the case so the judge could make his determination. Instead, the judge was informed that the city would not file a statement, meaning the case will move to a bench trial.

The trial will be held Aug. 12 in South Bend. The court it will be hosted in has not been determined.

The recording of the tapes were the stated reason for the demotion of former South Bend Police Chief Darryl Boykins, and were the impetus for numerous lawsuits between the city, the parties responsible for the recording and the police officers who were recorded.

The Mayor's Office and the South Bend Common Council have been in a dispute on whether it is legal to release the tapes under federal wiretapping laws. Mayor Buttigieg originally petitioned to have a federal court decide whether it was legal to release the tapes in 2012.

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