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Timeline of South Bend police wiretap investigation so far

April 20, 2012|By Kelli Stopczynski (kstopczynski@wsbt.com) | WSBT-TV Reporter

WSBT continues to uncover new information into the federal wiretapping investigation that led to South Bend Police Chief Darryl Boykins' demotion and the firing of the department's communications director.

WSBT learned Section IV of South Bend Police Department's employee manual says "Employees do not have a right to privacy for assigned equipment.  The Department may inspect any assigned equipment."

That means the fired communications drector did not violate department policy if she listened to conversations recorded on department phones. It's still unclear whether she broke any federal laws.

Here’s the chain of events that led up to this point:

February 2011: South Bend Police Communications Director Karen DePaepe accidentally stumbled across phone conversations recorded on the police department that offended her.  She says she told then Chief Darryl Boykins what she found.

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It is unclear what happened over the next 11 months, who asked the FBI to step in and when the investigation began.

January 2012: when DePaepe says a federal investigator came to her home and told her she was a witness in an investigation that involved the recorded conversations.  Mayor Pete Buttigieg also says he became aware of a federal investigation. 

The US Department of Justice delivered a federal investigative subpoena to the South Bend Police Department concerning suspected felony violations of the Federal Wiretap and Electronic Eavesdropping statute.

March 27 – Boykins claims someone from the mayor's office asked him to take a demotion from Chief of Police to captain.  He wouldn't name the person he says forced him into the decision.

March 29 – The mayor's office released a statement saying Boykins resigned his post as chief and that the Mayor could not comment on the FBI investigation.

March 30 – Boykins and his attorney announced their plan to take back the resignation, but Mayor Buttigieg said it was too late.  The Mayor held a news conference that same day with newly appointed Interim Chief Chuck Hurley.  The Mayor said he could not answer questions about the specifics of the federal investigation and that he had not heard any recorded conversations that were under investigation because it would be a crime to do so.

Three of South Bend’s Common Council members demanded answers from the Mayor, specifically asking why they weren't notified about the investigation.

April 10 – The city fired Karen DePaepe.

April 12 – DePaepe told WSBT how she was fired.  She claims the Mayor's Chief of Staff Mike Schmuhl called her into his office, special city attorney Rich Hill fired her and Schmuhl threatened her...saying she would be arrested if she talked about what was said on those recorded conversations.

WSBT submitted a request to the city’s legal department asking for personnel records for Darryl Boykins and Karen DePaepe.  WSBT also asked for recorded phone conversations that prompted the FBI investigation.

April 13 – The city responded, saying three March press releases from Mayor Buttigieg were all they could legally give us regarding Boykins' resignation and demotion.  The city also gave WSBT DePaepe's disciplinary notice from the day she was fired, but blacked out seven lines of it.  That city response also said any recordings or documents related to the federal investigation are in the possession of the federal authorities, including recorded phone conversations.  In addition, the city said the Federal Wiretap and Electronic Eavesdropping statute prohibits disclosure of wiretapped communications.

April 17 – The city sent WSBT the rest of DePaepe and Boykins' personnel files.  DePaepe’s job description says the Communications Director "Compiles and maintains all files, records, documentation and audio recordings created and housed within the communications center..."

April 18 – DePaepe had her exit interview with the city.  Her attorney, Scott Duerring, received a copy of her disciplinary notice.  When put side-by-side with the copy the city gave WSBT, Duerring’s copy only shows writing on two lines of the "Details and Circumstances" of her termination.  WSBT’s copy shows four lines blacked out. 

DePaepe and her attorney maintain she did nothing wrong.  The city refuses to comment on personnel issues.

At least two petitions are circulating in support of getting the recordings released to the public.  One is asking the US Attorney General to investigate the content of the recordings that led to the investigation.  The other asks the ACLU to file a lawsuit to allow public access to those tapes.

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