SOUTH BEND — Lawyers for the demoted South Bend police chief and fired communications director say now that their clients won't be prosecuted, the recorded conversations that prompted a federal wiretapping investigation into the police department should be released to the public. But the man who wrote the Federal Wiretap Act said doing so would be against the law.
Even though the federal investigation is over and Darryl Boykins and Karen DePaepe will not face federal charges, we are not any closer to hearing what DePaepe has said are racist, derogatory and offensive comments on conversations mistakenly recorded on a line in the police department’s detective bureau.
“The purpose of the federal law was to protect privacy, privacy of the people who use the phones, and that hasn’t changed,” said G. Robert Blakey, the Notre Dame Law professor who wrote the Federal Wiretap Act in 1968.
WSBT asked Blakey to read the letter Northern Indiana’s U.S. Attorney David Clapp sent attorneys representing Boykins, DePaepe and the City of South Bend. The letter, dated May 31, 2012, said the investigation is over and no one will be prosecuted.